§ 22.336 — Los Angeles County Zoning Code

22.336.010 - Purpose. ¶

The Santa Monica Mountains North Area Community Standards District ("CSD") is established to implement the goals and policies of the Santa Monica Mountains North Area Plan ("Area Plan") in a manner that protects the health, safety, and welfare of the community, as well as the surrounding natural environment. Together, the two planning documents direct what development may occur, where development may occur, and how development must be designed in the Santa Monica Mountains North Area.

(Ord. 2021-0021 § 2, 2021.)

22.336.020 - Definitions.

The following terms are defined solely for this CSD:

Animal Containment Facilities. Designated or fenced areas used to contain equines or livestock to a particular area such as corrals, paddocks, pastures, turnouts, and grazing areas that are usually used for riding, exercise, rehabilitation, or grazing.

Animal Living Quarters. Structures and confined areas that provide shelter through use of a roof, walls, and fencing, in which animals regularly sleep overnight including, but not limited to, barns, stables, and stalls.

Bed and Breakfast Establishment. A single-family residence containing guest rooms used for temporary overnight visitor accommodations with a maximum rental period of 30 consecutive days per stay, which provides meals for guests of the facility.

Building Site Area ("BSA"). The approved area of a project site that is or will be developed, including building pad and all graded slopes, all structures, decks, patios, impervious surfaces, and parking areas.

Commission. The Regional Planning Commission of the County of Los Angeles.

Correlated Color Temperature ("CCT"). The specification of the color appearance of a light source, measured in Kelvin ("K"). CCT measures the "warmth" of a light source.

Department. References to the Department are to the Department of Regional Planning, unless otherwise specified.

Director. The Director of the Department of Regional Planning of the County of Los Angeles, unless otherwise specified.

Disaster. An occurrence or event, either human-caused or by natural phenomena, that requires action by emergency response personnel to prevent or minimize loss of life or damage to property and/or natural resources. To qualify as a disaster, the destruction must be a result of a force or forces that were beyond the control of the subject property owners.

Exploratory Testing. Any activities such as drilling or excavation for the purpose of evaluating soil and/or hydrologic conditions, or geologic hazards to evaluate a site for allowable, potential development. This includes exploratory test holes for water wells, percolation testing for on-site wastewater treatment

systems, the access road to the test site, and any other activity associated with evaluating a site for development.

Event Facility. A place of private or public assembly, either indoor or outdoor, that hosts functions which include, but are not limited to, weddings, receptions, wine clubs, banquets, anniversaries, meetings, or conferences.

Gross Structural Area ("GSA"). The allowable residential floor area of the permitted development in square feet. The GSA includes the total floor area of all enclosed residential and storage areas (including internal stairs), but does not include vent shafts, external stairs, or the first 400 square feet of floor area in garages or carports designed for the storage of automobiles. Cellars that are entirely below grade are excluded from GSA, as are crawl spaces or attics that do not qualify as habitable space.

Horse Boarding, Large. The maintenance and/or keeping of equines boarded with or without compensation as a primary use. Commercial boarding may include commercial training or riding of horses or other equines, or courses in horsemanship.

Horse Boarding, Small. The maintenance and/or keeping of equines owned by persons who are not owners or lessees of the lot or parcel upon which such actions are undertaken, boarded with or without compensation, as an accessory use to a primary residential use.

Like-for-like Replacement. Replacement of structures that are in the same location, size, height, and bulk, and are covering the same building footprint as the previously existing legally-established structures.

Livestock. Any pig, pygmy pig, hog, cow, bull steer, sheep, goat, llama, alpaca, domestic fowl, rabbit, or similar animal(s).

Riding Academies. Any establishment where horses are kept or maintained for the purpose of providing lessons or instruction in equestrianism, including, but not limited, to dressage and horse jumping.

Rural Inn. A facility containing guest rooms or cabins used for short-term rental accommodations, all of which have a separate entrance leading directly from the outside of the building, and which do not contain kitchen facilities.

S/P Ratio. The ratio of scotopic vision over photopic vision, each measured in lumens.

Stream. A topographic feature that at least periodically conveys water through a bed or channel having banks; this includes ephemeral streams, drainage courses, and watercourses having a surface or subsurface flow that supports or has supported riparian vegetation.

Vineyard. A plantation of grapevines that typically produces table grapes or grapes used in winemaking, except as otherwise delineated in this CSD.

Wetlands. An area of land that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, with delineations following guidelines defined in the United States Fish & Wildlife Service Classification of Wetlands and Deepwater Habitats of the United States.

Wildlife-Permeable Fencing. Fencing that can be easily bypassed by all species of wildlife found within the Santa Monica Mountains, including, but not limited to, deer, coyotes, bobcats, mountain lions, ground rodents, amphibians, reptiles, and birds.

(Ord. 2024-0054 § 11, 2024; Ord. 2021-0021 § 2, 2021.)

22.336.030 - District Map. ¶

The boundaries of this CSD are shown on Figure 22.336-A: Santa Monica Mountains North Area CSD Boundary, at the end of this Chapter.

(Ord. 2021-0021 § 2, 2021.)

22.336.040 - Applicability.

A.

General Applicability. Except as otherwise provided for in Subsections B and C, below, the provisions of this ordinance shall apply to all projects that do not have an application deemed complete by the effective date of this ordinance.

B.

Prior Legal Grading. Any legal grading that has occurred on a lot or in connection with a project prior to January 6, 2005, (the effective date of the ordinance adding Subsections I.1 and I.5 of Section 22.336.070) shall not be counted toward the grading thresholds set forth in Subsections I.1 and I.5 of Section 22.336.070. Proof that such grading was legal shall be demonstrated to the Director at time of application for any applicable construction activity. Any grading on a lot, or in connection with a project or any subsequent project, which is undertaken at any time after January 6, 2005, other than grading completed for a project described in Subsection A, shall be counted cumulatively toward the grading thresholds set forth in Subsections I.1 and I.5 of Section 22.336.070.

C.

Coastal Zone Boundary. When lots are divided by the Coastal Zone boundary, the use of that portion of a lot within the Coastal Zone shall be consistent with the Santa Monica Mountains Local Coastal Program and Local Implementation Plan, and the use of that portion within the Santa Monica Mountains North Area shall be consistent with the Area Plan and this CSD.

D.

Relation to Significant Ecological Areas. The Santa Monica Mountains North Area will remain within a designated Significant Ecological Area ("SEA"), as defined by the General Plan, and shall be regulated by the standards contained within this CSD.

(Ord. 2021-0021 § 2, 2021.)

22.336.050 - Application and Review Procedures.

Additional Application Requirements. In addition to the procedures required by the Minor Conditional Use Permit (Chapter 22.160), Conditional Use Permit (Chapter 22.158), or Variance (Chapter 22.194), any discretionary application must include:

1.

One land use map that indicates the uses established on every lot and parcel of land shown within a 700foot radius, in lieu of the 500-foot radius requested in the Application Checklist;

2.

For all permits requiring notification by mail, the noticing radius shall be all parcels within a 700-foot radius from the subject parcel. In addition, if the 700-foot radius does not include a minimum of 15 parcels of real property, the radius shall be expanded until the owners of at least 15 parcels are included;

3.

Proof of water availability for new or expanded residential development or other new development that requires water use;

4.

Proof of legal access for any new development that is not accessed directly from a public roadway; and

5.

Biological review, as deemed applicable by Section 22.336.050.B.

B.

Biological Review. Applications that require biological review must be filed and processed in compliance with the following requirements:

1.

Biological Inventory.

a.

Required for all ministerial review projects within habitat categories S2 and S3, unless a biological assessment per Subsection B.2 is otherwise required.

b.

Application Materials Required.

i.

A Biological Constraints Map ("BCM") that identifies all sensitive biological resources on a parcel as defined by the most recent Department Santa Monica Mountains North Area Biological Resources Assessment.

ii.

A site plan that clearly displays each of the following:

(a)

All of the proposed development, including on-site and off-site ground-disturbing activity or vegetation removal;

(b)

Grading activity location, description, and quantities identified by cut, fill, import, export, and when remedial and over-excavation is required;

(c)

Areas to be re-vegetated or restored, including a plant identification list with the botanical and common names of all planting materials;

(d)

Location and square footage of decorative landscaping and crops, including proposed groundcover areas, shrub mass, and existing and proposed tree locations, for all common or open space areas not left in a natural state. Plant identification lists shall include botanical and common names of all planting materials;

(e)

On-site open space preservation, as applicable; and

(f)

Any trees on-site as protected in Section 22.336.060.B (Trees).

c.

Biological Inventory Consultation with the County Biologist.

i.

All BCMs and other applicable application materials are to be reviewed by the Director, in consultation with the County Biologist.

ii.

A site visit may be performed by the County Biologist to confirm the accuracy of the BCM.

iii.

If the biological inventory indicates the presence of potential for sensitive species or habitats, after consultation with the County Biologist, a biological assessment may be required.

The project's ability to comply with Section 22.336.060 (Biological Resource Standards);

(2)

The project's ability to mitigate impacts to biological resources through open space preservation;

(3)

The project's ability to meet the findings of Section 22.102.080.D (Findings); and

(4)

The project's avoidance of disturbance to regional habitat linkages.

(Ord. 2021-0021 § 2, 2021.)

22.336.060 - Biological Resource Standards. ¶

A.

Biological Resources.

1.

Habitat Categories. The Biological Resources Map of the Santa Monica Mountains North Area Plan prioritizes habitat into four categories that are applicable community-wide: S1, S2, S3, and S4. The

Biological Resources Map depicts the general distribution of habitat categories; however, the precise boundaries of the various habitat categories on properties shall be determined by substantial evidence and a site-specific biological inventory and/or assessment required by Section 22.336.050.B. At no point shall the Biological Resources Map be considered a complete representation of the habitat category for a parcel.

Incidental public service purposes, including, but not limited to, burying cables and pipes; and

iii.

Wetland restoration projects when the primary purpose is restoration of the habitat.

f.

Streams. Development shall be prohibited in streams, except where it has been demonstrated that there is no feasible less-environmentally-damaging alternative and where feasible mitigation measures have been provided to minimize adverse environmental effects. Such development shall be subject to Habitat Impact Fees, pursuant to Subsection A.10 of this Section 22.336.060, be consistent with this Section 22.336.060, and be limited to the following uses:

i.

Necessary water supply projects;

ii.

Flood protection where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing development. Flood control measures shall not diminish or change any of the following: stream channel morphology, flow or infiltration capacity, or habitat values, including, but not limited to, fish passage. Channel redirection or hardening may be permitted only if all less-intrusive flood control efforts have been considered and have been found to be infeasible. Such less-intrusive measures shall include, but not be limited to, biostructures, vegetation, and soil bioengineering;

iii.

Access roads, consistent with Section 22.336.070.B (Access Roads and Driveways), to a lawfully permitted use, only where all the following apply:

(a)

There is no other feasible alternative to provide access to public recreation areas or approved development on a legal parcel;

(b)

The stream crossing is accomplished by bridging;

(c)

Bridge piers, columns, footings, abutments, and wing walls are located outside streambeds and banks, i.e., above the floodway and away from any flows;

(d)

A shared bridge is used for providing access to multiple development sites;

(e)

The bridge is the minimum size required to comply with Los Angeles County Fire Department ("Fire Department") access development standards, and is designed to blend with the natural environment through the use of wood, stone, rocks, colored concrete, or similar materials for its construction;

(f)

Removal of or other impacts to riparian vegetation are minimized to the greatest extent feasible;

(g)

All feasible mitigation measures have been incorporated to minimize adverse environmental effects to the stream, riparian habitat, and water quality. Mitigation for the removal of, or permanent impacts to, riparian habitat shall include, but not be limited to, restoration/enhancement of like habitat; and

(h)

Culverts may be utilized for the crossing of minor drainages lacking all of the following: streambed, streambanks, and riparian vegetation; and where the culvert is sized and designed to accommodate flow during a 100-year storm, maintain the geomorphic function of the natural channel, protect habitat, provide passage for wildlife, protect water quality, and convey flood flows.

g.

New development shall be clustered on-site to the maximum extent feasible and the building site shall be limited, as required by Subsection j, below, to minimize impacts to natural habitat areas. All structures must

be clustered within the approved BSA, except for animal containment facilities consistent with Section 22.336.070.E. The Director may determine that fewer structures are appropriate for a given site.

h.

New development shall be located as close as possible to existing roadways, services and other developments to minimize impacts to habitat areas.

i.

Where new development is approved in habitat categories S2, S3, S4, or partially within S1 habitat, the maximum allowable BSA shall be up to 15,000 square feet based on parcel size, or 25 percent of the parcel size, whichever is less. For parcels one acre and larger, the allowable BSA shall be calculated as 10,000 square feet of BSA plus an additional 250 square feet of BSA per acre of parcel area, with a maximum total BSA of 15,000 square feet. The restriction of the BSA to less than the maximum may be required if the

Director determines that a smaller BSA would serve to avoid impacts to native vegetation, substantially minimize grading associated with the project, reduce the need for manufactured slopes, or reduce the need for retaining features (e.g., walls) visible from scenic areas, public trails, and public right-of-way and lands. The BSA cannot contain any portion of the parcel with slopes of 25 percent or greater. Other provisions of this CSD, including, but not limited to, the tree protection requirements may also require a smaller BSA.

i.

For parcels located fully within S1 habitat, the maximum allowable building site area shall be 7,500 square feet, or 25 percent of the parcel size, whichever is less. The restriction of the BSA to less than the maximum may be required if the Director determines that a smaller BSA would serve to avoid impacts to the S1 habitat.

ii.

The following development may be excluded from the total BSA:

(a)

The area of one access driveway or roadway that does not exceed 20 feet in width and 300 feet in length, and is the minimum design necessary, as required by the Fire Department;

(b)

The area of one approved Fire Department turnaround that is the minimum design necessary to ensure safety and complies with Fire Department requirements, has the least impact to biological resources, and is not located within the approved building pad;

(c)

Graded slopes exclusively associated with the access driveway or roadway and hammerhead safety turnaround indicated above;

(d)

Grading necessary to correct hazardous geological conditions; and

(e)

Fuel modification and off-site brush clearance area required by the Fire Department.

iii.

Any project that proposes a BSA exceeding the development guidelines in Section 22.336.070.J shall require a Variance pursuant to Section 22.336.050.

j.

The allowable BSA may be increased for projects that qualify for participation in the incentive program set forth in Section 22.336.070.J.

k.

The allowable BSA may be increased for projects that comprise two adjoining legal lots, if the existing lots are merged into one lot and one consolidated building site is provided with one access road or driveway, but in no event shall the total BSA exceed 15,000 square feet. These projects cannot also make use of the incentive program set forth in Section 22.336.070.J.

l.

Development proposed in S1 habitat on a parcel with existing, legally established development shall be limited to the existing developed footprint of the parcel, including fuel modification areas as set forth herein, and shall not increase fuel modification or brush clearance areas required by the Fire Department for the existing legal development.

m.

New development in S1 and S2 habitat shall be sited and designed to minimize removal of native vegetation, required fuel modification, brush clearance, habitat disturbance or destruction, removal or modification of natural vegetation, and irrigation of natural areas, while providing for fire safety.

5.

Nesting Birds. Where vegetation removal and/or construction is proposed in potentially suitable habitat areas for nesting birds during bird nesting season, a series of nesting bird surveys shall be conducted by a qualified biologist. The surveys shall start no more than 30 days prior to construction, and the final survey shall be conducted within three days prior to the initiation of the clearance/construction. Surveys shall detect any active bird nests in the nesting habitat to be removed and any other habitat within 500 feet of the construction area to avoid the take of a nesting bird, as required under State (Fish & Game Code section 3503) and federal law (Migratory Bird Treaty Act). Bird nesting most commonly occurs in Southern California from February through August; however, some species may breed outside this time, and prolonged unusual weather patterns may also influence the commencement and cessation of the breeding season. Therefore, depending on the avian species present and on recent prevailing climatic conditions, a qualified biologist may determine that a change in the survey dates is warranted.

a.

If an active songbird nest is located, clearing/construction within 300 feet shall be postponed until the nest(s) is vacated and juveniles have fledged and there is no evidence of a second attempt at nesting.

b.

If an active raptor, rare, threatened, endangered, or species of concern nest is found, clearing/construction within 500 feet shall be postponed until the nest(s) is vacated and juveniles have fledged and there is no evidence of a second attempt at nesting.

c.

Limits of construction, to avoid a nest, shall be established in the field with flagging and stakes or construction fencing. Project personnel, including all contractors working on-site, shall be instructed on the sensitivity of the area.

d.

The project proponent shall provide the Department with the survey findings, as well as documentation that all measures have been taken, in compliance with applicable State and federal laws pertaining to the protection of native birds.

e.

If a nest is found as a result of surveys, and avoidance of activities is not feasible during the nesting season, a qualified biological monitor is required to be present on-site during all grubbing and clearing of vegetation. The biological monitor shall ensure that these activities remain within the project footprint (i.e., outside the demarcated buffer) and that the flagging/stakes/fencing is being maintained, to minimize the likelihood that active nests are abandoned or fail due to project activities. The biological monitor shall send weekly monitoring reports to the Department during the grubbing and clearing of vegetation, and shall notify the Department immediately if project activities damage active bird nests.

6.

Fencing and Walls.

a.

Wildlife-permeable fencing may be permitted to section off development features such as streets, trails, driveways, recreation areas, or animal keeping structures, and where necessary for public safety or habitat protection or restoration. Such fencing shall be developed as follows:

i.

Fences shall be of an open design and made out of materials that are visible to wildlife, such as wood rail, steel pipe, vinyl rail, PVC pipe, recycled plastic, or coated wire;

ii.

Horizontal and vertical elements of the fencing shall allow for at least one opening of at least 18 inches in both axes at regular intervals. The bottom edge of the lowest horizontal element shall be either flush with the ground or else no closer than 18 inches from the ground;

iii.

Except where a different height is stated, the top edge of the topmost rail (either horizontal or vertical) or board shall be no higher than 42 inches from the ground;

iv.

Fencing shall provide sufficient sight distance at driveways and intersections to the satisfaction of the Department of Public Works ("Public Works"); and

v.

Fencing materials shall not be designed with materials harmful to wildlife. Prohibited materials include, but are not limited to, spikes, glass, or razor/barbed wire. All hollow fence sign posts or posts with top holes, such as metal pipes or posts with open bolt holes, shall be capped and the bolt holes filled to prevent the entrapment of bird species.

b.

Non-wildlife-permeable fencing, walls, or enclosures shall be permitted only within the approved BSA and outside of habitat categories S1 and S2, except as otherwise permitted in this Chapter.

c.

The height and length of retaining walls shall be minimized. Retaining walls shall not exceed six feet in height and shall be constructed of materials, textures, veneers, and colors that are compatible with the surrounding landscape. Where feasible, long contiguous walls shall be broken into sections or shall include undulations to provide visual relief. Where more than one retaining wall is necessary, they shall be separated by a minimum three-foot horizontal distance; the area in front of and separating retaining walls shall be landscaped to screen them, unless otherwise screened by buildings. Terraced walls shall have a maximum cumulative height of 30 feet; no single wall may be over six feet in height.

d.

As of the adoption date of this ordinance, all existing pipe corrals shall be deemed legally established.

7.

Wireless Communication Facilities. Facilities shall not be sited in S1 unless they will be located on an existing or proposed utility pole in the public right-of-way. Facilities shall avoid or minimize impacts to S2 habitat and protected trees, consistent with all provisions of this CSD. If there is no feasible alternative that can eliminate all impacts, then the alternative that would result in the fewest or least-significant impacts shall be selected. Existing native vegetation shall be preserved, where feasible, and disturbance of the existing topography of the site shall be minimized.

8.

Mitigation Ratios. Mitigation is required for all impacts associated with development in S1 and S2 habitats, including encroachment of fuel modification zones and off-site brush clearance.

a.

Impacts to S1 Habitat. Mitigation for unavoidable permanent impacts to S1 habitat shall be provided, at a minimum, through the restoration and/or enhancement of like habitat type, at the ratio of 3:1 square feet of habitat to impacted area.

b.

Impacts to S2 Habitat. Mitigation for unavoidable impacts to S2 habitat shall be provided, at a minimum, through the enhancement of like habitat type, at the ratio of 2:1 square feet of habitat to impacted area.

c.

On-Site Mitigation. Priority shall be given to on-site restoration or enhancement, unless there is not sufficient area of disturbed habitat on the project site, in which case off-site mitigation may be allowed.

d.

Off-Site Mitigation. The County shall coordinate with other public agencies to establish priorities for off-site restoration and enhancement efforts, where appropriate, in the Santa Monica Mountains, for proposed development projects lacking adequate on-site mitigation opportunities.

e.

Open Space Deed Restriction. The area of habitat to be restored shall be permanently preserved through the recordation of an open space deed restriction that applies to the entire restored area. The open space deed restriction shall be recorded free of prior encumbrances, other than tax liens at the time the project is approved.

f.

Mitigation Completion. The habitat restoration and/or enhancement shall be carried out prior to or concurrently with construction of the approved development project. In any case, installation of vegetation and irrigation for the restoration and/or enhancement mitigation shall be complete prior to the issuance of certificate(s) of occupancy for any structure(s) approved in the required permit.

9. Habitat Restoration.

a.

Voluntary Restoration. Where a project consists solely of habitat restoration, with the primary purpose to improve or enhance biological resources and habitat function that is not required as direct mitigation for an approved permit, a Restoration Plan shall be required.

b.

Project-Related Restoration. Restoration shall comply with the requirements of the permit authorizing the project.

c.

Unpermitted Habitat Removal. Any vegetation removal or development which occurs in any habitat category, prior to receiving an approved permit, is prohibited. Where habitat has been removed or damaged without an approved required permit, a Restoration Permit, as well as mitigation as outlined in Subsection 8, above, shall be required.

d.

Habitat Restoration Plan. A plan that delineates the process of habitat restoration to return the habitat to a close resemblance of its condition prior to disturbance. A restoration plan shall be prepared by a biologist or restoration ecologist, and includes the following:

i.

Description and map of the area proposed to be restored or enhanced;

ii.

Description of restoration or enhancement activities, including incidental activities, and their timeline;

iii.

An inventory of biological resources on-site, including an evaluation of existing and pre-disturbance habitat quality;

iv.

Statement of restoration goals and performance standards;

v.

Revegetation and restoration methodologies to be implemented; and

vi.

Maintenance and monitoring provisions, including a monitoring period of no less than five years for individual restoration projects.

10.

Habitat Impact Fees. Unavoidable impacts to S1 Habitat and/or to S2 Habitat from direct removal or modification shall be compensated by the provision of a required Habitat Impact Fee as a condition of approval of individual projects. The Habitat Impact Fee shall be calculated using the In-lieu Fee amount set forth in Subsection a, below, which amount shall be updated and adjusted for inflation annually, pursuant to Subsection b, below.

A Conditional Use Permit shall be required to remove any heritage tree.

ii.

Any application for development shall be accompanied by a signed statement by the property owner or authorized agent, which discloses whether any trees of heritage size exist on the property, and describes

on the plans associated with the application the location of each such tree, its species, trunk size, and drip line area.

e.

Historic Trees. A non-native tree(s) may receive protected status through designation as a historic tree. A non-native tree can be nominated to become a designated historic resource via discretionary review, subject to approval and the following requirements:

i.

The tree has been identified as a historic resource by the County; or

ii.

The tree is listed or determined eligible for listing in the California Register of Historic Resources and/or National Register of Historic Places; and

iii.

The tree must be associated with events or person that made a significant contribution to the history of the County, California, or the nation, or the location of the tree is associated with a historically significant view or setting.

3.

Tree Maintenance. Tree maintenance that is limited to removal of dead wood, trimming, or pruning of branches not to exceed two inches in diameter and 25 percent of live foliage within a two-year period, and which does not adversely affect the health of the tree, shall not require permitting, pursuant to Subsection 6, below. All tree maintenance shall be performed in a manner that ensures the continued health of a protected tree, in accordance with guidelines published by the National Arborists Association. Should excessive maintenance, trimming, or pruning adversely affect the health of the tree, a Protected Tree Permit or Conditional Use Permit shall be required, as prescribed in this Chapter.

4.

Tree Relocation(s). Tree relocations pose a potential danger to the health or survival rate of a tree. Any tree relocation in this CSD shall, therefore, be processed as a removal, and shall not be counted toward the required mitigation ratio for trees located in Subsection 11, below.

5.

Bird Nesting. Any tree maintenance, encroachment or removal activities, or construction activities, near a tree suitable for nesting bird habitat shall follow all regulations located in Subsection A.5, above.

6.

Mitigation Ratios. The mitigation ratios for various impacts to protected trees are provided in Table 22.336A (Protected Trees Mitigation Ratios). Mitigation ratios may be increased depending on the review type and any associated hearings. All mitigation trees shall be monitored for a period of seven years. If at any time

during that period mitigation trees are destroyed as a result of natural disaster, any destroyed mitigation trees must be replaced, and the mitigation period shall continue from the date of the original approval.

TABLE 22.336-A: PROTECTED TREES MITIGATION RATIOS
Impact		Permit	Mitigation Ratio (Number of native replacement trees required to plant for every 1 tree impacted/removed)
Pruning	Up to 25%; ≤ 2-inch branch diameter	—-	None
	More than 25%; > 2-inch branch diameter	Protected Tree Permit	Monitoring - 7 years
Encroachment	Up to 10% encroachment into protected zone; maximum 4 trees	Ministerial Site Plan Review	None
	10-30% encroachment into protected zone	Protected Tree Permit	2:1
	More than 30% encroachment into protected zone	Processed as Removal (see below)
Removal	Removal of 1 protected tree (under heritage size), excluding oak trees	Ministerial Site Plan Review	None
	Removal of 2 protected trees (under heritage size), excluding oak trees	Protected Tree Permit	2:1
	Removal of 3 or more protected trees (under heritage size), excluding oak trees	Conditional Use Permit	5:1
	Removal of any protected tree with a trunk diameter of 36"-54"	Conditional Use Permit	5:1
	Removal of heritage or historic tree(s)	Conditional Use Permit	10:1

vii.

Replacement trees shall be properly cared for and maintained for a period of seven years and replaced by the applicant or permittee if mortality occurs within that period;

viii.

Where feasible, replacement trees should consist exclusively of native trees and certified as being grown from a seed source collected in Los Angeles or Ventura Counties; and

ix.

Replacement trees shall be planted and maintained on the subject property and, if feasible, in the same general area where the trees were removed. The process of replacement of trees shall be supervised in the field by a certified arborist.

b.

A plan for preserving Protected Trees on the subject property during and after development, such as, but not limited to, the following requirements:

The installation of chain-link fencing not less than four feet in height around the protected zone of trees shown on the site plan. Said fencing shall remain in place throughout the entire period of development, and shall not be removed without written authorization from the Director or the County Forester;

ii.

Where grading or any other similar activity is specifically approved within the protected zone, the applicant shall provide an individual with special expertise acceptable to the Director to supervise all excavation or grading proposed within the protected zones and to further supervise, monitor, and certify to the County Forester the implementation of all conditions imposed in connection with the applicant's permit;

iii.

That any excavation or grading allowed within the protected zone or within 15 feet of the trunk of a tree, whichever distance is greater, be limited to hand tools or small hand-power equipment;

iv.

That the trees on the site plan be physically identified by number on a tag affixed to the north side of the tree in a manner preserving the health and viability of the tree. The tag shall be composed of a noncorrosive all-weather material and shall be permanently affixed to the tree. All tree locations shall be accurately depicted on the site plan;

v.

That corrective measures for trees noted on the tree report as requiring remedial action be taken, including pruning, fertilizing, and similar actions;

vi.

That, to the extent feasible as determined by the Director, utility trenching shall avoid encroaching into the protected zone on its path to and from any structure; and

vii.

At the start of grading operations and throughout the entire period of development, no person shall perform any work for which a protected tree permit is required, unless a copy of the tree report, location map, fencing plans, and approved protected tree permit and conditions are in the possession of a responsible person and also available at the site.

12.

Noticing. Noticing for the removal of any protected tree shall be required for all review types. Noticing shall be required for all parcels within a 700-foot radius of the project site. If the 700-foot radius does not include a minimum of 15 parcels of real property, the radius shall be expanded until the owners of at least 15 parcels are included. Oak trees will be subject to the noticing requirements of Chapter 22.174 (Oak Tree Permits).

Enforcement. In interpreting the provisions as they apply to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2024-0014 § 2, 2024; Ord. 2021-0021 § 2, 2021.)

22.336.070 - Community-Wide Development Standards. ¶

A.

Prohibited Uses. The following uses are prohibited in all zones throughout the Santa Monica Mountains North Area CSD:

1.

Cemetery, as defined in Title 22;

2.

Guest ranch, as defined in Title 22;

Kitchens and other cooking facilities shall be prohibited in any guest room within the facility;

5.

There shall be one on-site parking space, which may be uncovered, served by an all-weather driveway, for each guest room available for paying guests;

6.

Serving or consumption of food or beverages, including alcoholic beverages, shall be restricted to residents and guests of the facility. No restaurant or similar activity that is open to the general public shall be permitted; and

7.

One wall-mounted or freestanding sign shall be permitted, provided that such sign does not exceed six square feet in sign area or 12 square feet in total sign area, respectively, and does not exceed a height of

42 inches measured vertically from ground level at the base of the sign.

D.

Development Moratorium for Non-Compliant Properties. When a cease-and-desist order, notice of violation, or Conditional Use Permit revocation has been issued or recorded for a property by any County agency, the Director may set the matter for a public hearing before the Commission to consider a five-year ban on filing any new application or acting upon any application for the subject property. In such case, all procedures relative to notification, public hearing, and appeal shall be the same as for a Conditional Use Permit. Following a public hearing, the Commission may place up to a five-year ban on filing any applications, but may exempt emergency permits and/or permits deemed by the Director as necessary for the subject property to address a violation, cease-and-desist order, or permit revocation on the property. If approved, the ban period shall commence from the date of the hearing. The Director shall record the terms of such ban in the office of the County Recorder.

E.

Equestrian Facilities.

1.

Area requirements for equestrian facilities, which includes large and small horse boarding facilities and riding academies:

a.

The minimum parcel size for equestrian facilities shall be one acre.

b.

Parcels under one acre shall refer to Section 22.140.070 (Animal Keeping, Noncommercial or Personal Use).

c.

The number of equines permitted per lot shall be limited to one per 5,000 square feet of lot area.

2.

Small horse boarding shall meet the following requirements:

a.

Up to a maximum of 20 equines, including any equines owned by the owner or lessor of the property, may be permitted as small horse boarding.

b.

Training of horses shall be limited to horses owned by the property owner or boarder. No commercial or business uses, including, but not limited to, training, riding of horses, or other equines, trail riding, or

courses in horsemanship are allowed, except as otherwise permitted by this Chapter.

3.

All existing, legally established equestrian facilities may continue operation under the development standards in place at the time of establishment, subject to compliance with the Best Management Practices ("BMPs") outlined in Subsection 5.g, below. Equestrian facilities not in compliance with Subsection 5.g shall be deemed a legal non-conforming use.

a.

All equestrian facilities must come into compliance with Subsection 5.g, below, within five years of the effective date of this CSD. To prove conformance, the applicant shall show under a Ministerial Site Plan Review, compliance with the requirements set forth in Subsection 5.g.

4.

For any portion of a legal non-conforming equestrian facility undergoing an addition or expansion, the entirety of the existing and proposed structure and site shall require review and approval, pursuant to Subsection 3, above, as well as code and permitting requirements.

5.

All equestrian facilities must comply with the following requirements, except as otherwise described in Subsection 3, above:

a.

All animal living quarters shall be located not less than 35 feet from any street or highway or from any building used for human habitation;

b.

Animal containment facilities, animal living quarters, and accessory structures are not permitted in S1 habitat;

c.

All animal containment facilities and animal living quarters shall be a minimum of 100 feet away from all S1 habitat. The facilities shall be a minimum of 100 feet from the outer edge of any riparian habitat or natural drainage course. If the minimum setback is not feasible for new or a proposed expansion of animal containment facilities for equines, the facility may apply for a Minor Conditional Use Permit, subject to Section 22.336.050.B, and must meet the buffering standards of Subsection 6, below;

d.

The siting and design of animal containment facilities and animal living quarters shall be consistent with the slope and habitat protection requirements of this CSD;

Fencing for all animal containment facilities shall be no more than six feet in height, unless required to be greater in height by Los Angeles County Animal Control or California Department of Fish and Wildlife, and shall be consistent with Section 22.336.060.A.6. However, fencing for the direct control and safety of animals, such as exercise pens, that do not exceed a 60-foot diameter, may be non-wildlife permeable only where it is demonstrated, pursuant to a site-specific evaluation, that the layout and extent of the fencing will not significantly impede wildlife movement through a property or through the surrounding area;

f.

Submittal of and compliance with an animal waste management plan, including:

i.

A scaled site plan depicting all animal containment facilities and animal living quarters, manure storage facilities, and vehicular access. The plan should also delineate all site drainage, adjacent or on-site watercourses, and/or areas which hold or circulate water (i.e., lakes, ponds, pools, etc.);

ii.

Volume of waste material generated per day. This includes manure, spilled feed, and used bedding; and

iii.

The waste management plan must be in substantial compliance with Best Management Practices listed in Subsection g, below.

g.

Best Management Practices.

i.

Equestrian raising, training, breeding, and boarding operations shall use BMPs in a manner that avoids harm to other organisms, and protects air, soil, and water quality.

ii.

The following BMPs shall be depicted on a site plan, as well as implemented for all equestrian facilities:

(a)

Runoff shall be diverted, with a berm or other such measure, around holding pens, waste storage, or disposal areas, or areas containing compost, fertilizer, amended soil products, and any other byproducts of livestock activities;

(b)

The roots and trunks of protected trees situated within existing animal containment facilities shall be protected from equine damage with loosely-fitted chain-link or plastic mesh fencing, pipe corral fencing, treated wood boxes, or other material deemed suitable by the County Biologist. New or expanded animal

containment facilities shall be sited outside of the protected zone of individual oak trees or other protected trees, consistent with the provisions of Section 22.336.060.B (Trees);

(c)

Manure, waste, oils, chemicals, fertilizers, and other noxious materials shall be stored inside a structure or in a covered container with an impervious bottom surface, and shall be stored away from any underground water source used for human consumption to the maximum extent possible. Stockpiling on the ground is not permitted. Waste shall be stored at least 100 feet from all S1 habitat, streams, and natural drainage courses;

(d)

Filter strips, natural vegetation, gravel, sand, or other similar materials shall be used along the periphery of corrals, pens, animal showers, and waste containment areas to absorb and treat runoff from animal facilities; and

(e)

Sediment-holding ponds may incorporate phytoremediation techniques to assist in filtering runoff, such as bioswales or rain gardens.

iii.

The following operational BMPs must be implemented by all equestrian facilities:

(a)

Runoff, waste, and waste byproducts from animal containment facilities shall be regularly collected, contained on the parcel, and disposed of in an approved manner;

(b)

Equestrian facilities shall not discharge sediment, animal waste, or polluted runoff onto any public road, adjoining property, or into any S1 habitat, S2 habitat or stream/drainage course;

(c)

Stockpiled dirt shall be protected from wind and water erosion by using tarps and/or jute netting to cover the pile;

(d)

No burning of waste or other materials shall be allowed;

(e)

All manure, soiled bedding, and spilled feed shall be collected a minimum of once per week. Wet spots shall be dried, as much as possible, by raking and/or adding absorbent material. Manure deposited in wet areas should be collected immediately. Shady areas shall be cleaned daily;

(f)

Maintain good air circulation and exposure to sunlight in animal containment areas. This will include weed abatement and removal of all refuse and waste materials, as described above;

(g)

Any additional measures that may be necessary to further control fly and other insect populations; and

(h)

All operations shall have a contingency plan for equipment breakdown, adverse weather conditions, staffing absences, and other unforeseen circumstances.

6.

Buffering standards for new and expanded animal containment facilities less than 100 feet from S1 habitat.

a.

A buffer zone between S1 habitat, drainage courses, streams, rivers, and an equestrian facility shall be established to mitigate any potential impact. The buffer zone shall include native vegetation, bioswales, or other appropriate features, as determined by the County Biologist.

b.

Site design must demonstrate that all runoff and drainage will be directed away from S1 habitat, drainage courses, streams, rivers, and other sensitive receptors.

c.

Non-wildlife-permeable fencing shall not be allowed within 100 feet of S1 habitat.

d.

If the above standards cannot be met, a variance may be requested and a biological resources assessment must be completed and be reviewed by SEATAC prior to any decision by a decision-making body.

F.

Event Facilities.

1.

Permit Required. A Conditional Use Permit is required to establish, maintain, or operate an event facility. Permitted zoning for event facilities is listed in Section 22.336.080.

2.

Event facilities shall be prohibited along Lobo Canyon Road.

3.

A property that is currently maintained as a single-family residence shall not be eligible to establish an event facility.

4.

Amortization for Existing Outdoor Dance Pavilions and Event Venues. All properties that currently operate as outdoor dance pavilions, or other event venues that have not received a discretionary permit for an event facility, shall be considered non-conforming, as of the effective date of this ordinance, and must obtain a Conditional Use Permit to operate as an event facility. All outdoor dance pavilions are subject to the standards described in this Chapter, and must reach compliance and obtain a Conditional Use Permit within three years of the effective date of this ordinance or else all event operations must be discontinued or removed by that date.

5.

Development and Operational Standards.

a.

Lot Size. The minimum lot size required shall be regulated by zone, as defined in Section 22.336.080.

b.

Maximum Occupancy.

i.

The maximum number of attendees for any given event is 200 persons including, but not limited to, any event staff, caterers, photographers, and vendors.

ii.

The maximum number of persons permitted at an event venue may be increased or decreased at the discretion of the Hearing Officer or Commission.

c.

Setbacks.

i.

An event facility shall be located no closer than 2,000 feet to another event facility, as measured between nearest respective parcel boundaries.

ii.

Event facilities on Triunfo Canyon Road shall be located no closer than 3,000 feet to another event facility.

iii.

Contact information for the on-site event supervisor(s) shall be available to residences within 2,000 feet of the event facility for questions or concerns during event operations. Calls should be returned within 30 minutes during the event, and within 24 hours before and after the event, to answer questions and handle complaints. Documentation of the complaint and resolution shall be maintained and provided to the Department when requested.

vi.

Temporary sound abatement structures along site perimeters may be required if the Director determines that noise issues are persistent and avoidable. Sound abatement walls shall be a minimum of 10 feet in height and reduce noise to a minimum of 10 A-weighted decibels (dBA).

vii.

Increased setbacks and site and building design shall be first implemented to reduce noise levels at the property line before construction of noise barriers is considered.

g.

Lighting.

i.

This Subsection shall employ the definitions listed within the Rural Outdoor Lighting District (Chapter 22.80).

ii.

All exterior lighting shall have the light source fully shielded.

iii.

No glare shall be visible when viewed from adjoining parcels and public rights-of-way.

iv.

Holiday lights are permitted, as long as they are not flashing or otherwise sequenced.

v.

Any lighting within a temporary structure, such as a tent or canopy, is exempt, provided that the structure fully shields all lamps.

vi.

Flood lights are prohibited.

h.

Alcohol. Alcohol service shall comply with all Alcoholic Beverage Control ("ABC") regulations.

Security.

i.

A licensed private security company shall be contracted for all events with more than 50 attendees to ensure that staff are able to respond to security needs of the event and surrounding environment.

ii.

Security duties may include ensuring compliance with noise standards, that no fire or flame exist on-site, and compliance with the event parking and transportation plan to prevent intoxicated drivers.

j.

Sanitation. All event facilities must be equipped with permanent sanitation facilities to the satisfaction of the Department of Public Health.

k.

Evacuation Plan. An evacuation plan approved by the Fire Department and Los Angeles County Sheriff's Department ("Sheriff") shall be in place to safely evacuate all guests and staff members in the event of an emergency without inhibiting neighboring residents' ability to safely and quickly evacuate.

6.

Additional Findings for Event Facility Conditional Use Permit. In addition to the conditions imposed, pursuant to Section 22.158.060 (Conditions of Approval), the following shall be conditions of each grant, unless otherwise modified by the decision-making body:

a.

Parking and transportation plan must determine that adequate transportation is provided for all guests and that roadways are not unduly burdened, if alternative transportation (e.g., shuttle service) is not provided; and

b.

The facility shall be sufficiently designed or isolated so that noise from any event does not exceed ambient noise levels from the property line nearest to adjacent residences or S1 habitat.

G.

Exploratory Testing.

1.

Property in any zone may be used for exploratory testing, provided that a Minor Conditional Use Permit has first been obtained, and while such permit is in full force and effect in conformity with the conditions of such permit.

a.

Access for exploratory testing shall use existing roads, or track-mounted drill rigs, where feasible. Where there is no feasible access, a temporary access road may be permitted when it is designed to minimize length, width, and total grading to that necessary to accommodate required equipment. All temporary roads shall avoid S1 habitat. All such temporary roads shall be restored to the maximum extent feasible, through grading to original contours, re-vegetating with locally-indigenous vegetation to the project site, and monitoring to ensure successful restoration.

b.

Grading for temporary roads necessary for geologic, hydrologic, or similar testing purposes shall be conditioned to restore and replant all graded areas to a natural condition, if the site is not developed within one year of the issuance of the permit for the grading.

c.

Any disturbances incurred to soil or locally-indigenous vegetation (including S1-S3 habitat), as a result of exploratory testing, shall be mitigated and restored according to requirements herein and according to any requirements of Public Works.

d.

Within 30 days from completion of exploratory testing, or immediately if heavy rain is forecasted, all disturbed areas shall be stabilized with temporary erosion control measures and seeded with locallyindigenous grass species to prevent erosion and instability. Full remediation of disturbed soil or locallyindigenous vegetation shall commence one year from the date of the issuance of the Minor Conditional Use Permit, if further development of the disturbed site in conjunction with an approved project has not occurred.

e.

Vegetation removal activities shall be conducted in a manner that protects existing vegetative root stock to facilitate revegetation of the disturbed areas.

2.

All required restoration shall be completed to the satisfaction of the Director.

H.

Farmers' Markets. No farmers' market or any portion thereof shall be located in or within 100 feet of S1 habitat.

I.

Grading.

1.

An approved Conditional Use Permit (Chapter 22.158) shall be required for any grading on a lot, or in connection with any project, that exceeds 500 cubic yards of total cut plus total fill material. For purposes of computing the 500-cubic-yard threshold amount, grading necessary to establish a turnaround required by the Fire Department, but not the grading for any access road or driveway leading to such turnaround, shall be excluded.

2.

All grading shall be performed in a manner that minimizes disturbance to the natural landscape and terrain through design features for the project such as, but not limited to;

Conforming to the natural topography;

b.

Avoid placing development on slopes greater than 25 percent, unless the outcome is biologically superior to all other siting locations;

c.

Utilizing split-level or stepped pad designs on slopes;

d.

Clustering structures;

e.

Locating the project close to a legal and established street traveled by the public;

f.

Reducing building footprints; and

g.

Minimizing hardscape, and the height and length of cut and fill slopes and retaining walls.

3.

Grading shall also be accompanied by other project features that maximize preservation of visual quality and rural community character through design features such as, but not limited to:

a.

Use of landform grading techniques so that graded slopes blend with the existing natural terrain of the site and surrounding area; and

b.

Use of locally-indigenous vegetation for concealment of the project. A list of locally-indigenous vegetation appropriate for the North Area shall be maintained by the Director.

4.

A grading permit, when required, shall be obtained from Public Works before the commencement of any grading project.

Cut material may only be exported to an appropriate landfill or a site permitted to accept the material. An approved haul route shall be required for the off-site transport of 500 cubic yards or more of cut or fill material, or any combination thereof, subject to the following requirements:

a.

The application shall contain statements setting forth the following information in addition to any requirements of Section 22.336.050:

i.

The names and addresses of all persons owning all or any part of the property from which such material is proposed to be removed from and transported to;

ii.

The names and addresses of the person or persons who will be conducting the operations proposed;

iii.

The ultimate proposed use of the lot or parcel of land;

iv.

A map, showing in sufficient detail the location of the site from which such material is proposed to be removed, the proposed route over streets and highways, and the location to which such material is to be imported; and

v.

Such other information that the County finds necessary to determine whether the application should be granted.

b.

All hauling, as approved under this Section, shall be restricted to a route approved by the Director of Public Works; and

c.

Compliance with all applicable requirements of other County departments and other governmental agencies.

6.

c.

Lighting of access roads;

d.

Lighting of equestrian pasture areas; and

e.

Lighting of driveways, with the exception of:

i.

Driveways that also operate as pedestrian walkways; and

ii.

Drive aisles within approved commercial parking areas.

Lighting allowance.

a.

All lighting must be fully shielded and directed downward.

b.

Outdoor lighting shall be minimized and directed away from S1 and S2 habitat and adjacent residences.

c.

Security lighting attached to the principally permitted structure and other permitted accessory structures shall be controlled by motion detectors and shall have a manufacturer's maximum output rating of no greater than 60 watts (600 lumens), or the equivalent.

d.

Walkways used for entry and exit to permitted structures, including parking areas, on the site shall use the minimum lighting necessary. This lighting shall be limited to fixtures that do not exceed two feet in height, that are fully shielded, and have a manufacturer's maximum output rating of no greater than 60 watts (600 lumens), or the equivalent.

e.

Lighting of equestrian arenas or round pens may only be allowed where it is demonstrated, pursuant to a site-specific evaluation and photometric analysis, that the lighting will cause no light trespass into any adjacent S1 and S2 habitat, including within 100 feet of S1 habitat.

3.

Hours of Operation. Permanent and temporary outdoor lighting shall be turned off between the hours of 10:00 p.m. and sunrise every day, unless the use on the involved property operates past 10:00 p.m. in accordance with approved permits or entitlements, and then the outdoor lighting shall be turned off within one hour after the use's operation ends for the day. Notwithstanding the foregoing, if the use on the involved property requires outdoor lighting between 10:00 p.m. and sunrise every day for safety or security reasons, outdoor lighting shall be allowed during these hours, but only if:

a.

Fully-shielded motion sensors are used to turn the outdoor lighting on after 10:00 p.m., and these sensors turn the outdoor lighting off automatically no more than 10 minutes after the involved area has been vacated; or

b.

Where the use is commercial or industrial, at least 50 percent of the total lumen levels for the outdoor lighting are reduced, or 50 percent of the total number of outdoor light fixtures are turned off, between 10:00 p.m. and sunrise.

Exemption from Hours of Operation.

a.

Outdoor lighting shall be exempt from the hours of operation requirements of Subsection 3, above, if such lighting:

i.

Is required by Title 26 (Building Code) for steps, stairs, walkways, or points of ingress and egress to buildings; or

ii.

Is governed by an approved discretionary permit which specifically provides for different hours of operation.

5.

Maximum Height.

a.

As contained in Chapter 22.80 (Rural Outdoor Lighting District), the maximum height for outdoor light fixtures is 20 feet and any lighting over 15 feet high is limited to a maximum output of 40 watts (400 lumens).

b.

The maximum height for lighting of walkways used for entry and exit to permitted structures, including parking areas, is two feet.

c.

The height of any new outdoor light fixture used for an outdoor recreational activity area, regardless of the zone, shall be the minimum height necessary to illuminate the activity area, but in no event shall exceed 40 feet.

6.

LED Lighting. All LED lighting, with the exception of LED lighting associated with institutional uses, must meet the following requirements:

a.

6.

Each guest room or cabin available for paying guests has one on-site parking space, which may be uncovered, that is served by an all-weather driveway;

7.

Serving or consumption of food or beverages, including alcoholic beverages, is restricted to guests of the facility. No restaurant or similar activity that is open to the general public is permitted;

8.

The building site for the facility is no more than 20 percent of the net area of the lot or parcel of land containing the facility, unless the BSA is otherwise restricted, pursuant to other applicable provisions of the CSD;

The location of the significant ridgelines within this CSD, and the criteria used for their designation, are set forth on the official Santa Monica Mountains North Area Plan Significant Ridgeline Map, prepared and maintained by the Department, which is adopted by reference as part of the ordinance establishing this CSD, and on Figure 22.336-B: Significant Ridgelines, at the end of this Chapter.

The highest point of a structure that requires any permit shall be located at least 50 vertical feet and 50 horizontal feet from a significant ridgeline, excluding chimneys, rooftop antennas, and amateur radio antennas. Where there are no feasible alternative building sites below the ridgeline or where the only alternative building site would result in unavoidable adverse impacts to sensitive habitat areas, structures shall be limited to 18 feet in height to minimize visual impact and preserve the quality of the scenic area.

c.

Structures located within the significant ridgeline protection area shall not be expanded and shall not encroach further into the protected zone of the significant ridgeline.

d.

No part of a proposed structure shall block the view of a significant ridgeline from a scenic route or scenic resources.

2.

Development Standards. Property in scenic resource areas shall be subject to the following development standards:

a.

New development shall be sited and designed to protect public views and to minimize adverse impacts on scenic resources to the maximum extent feasible.

b.

If there is no feasible building site location on the proposed project site, where development would not be visible from a scenic resource area, then the development shall be sited and designed to minimize impacts on scenic areas through measures that may include, but not be limited to:

i.

siting development in the least visible portion of the site;

ii.

breaking up the mass of new structures;

iii.

designing structures to blend into the natural hillside setting;

iv.

restricting the building maximum size;

v.

reducing maximum height;

vi.

clustering development;

vii.

minimizing grading;

viii.

Signs shall be sited and designed to minimize impacts to scenic resources. The placement of signs (except traffic control signs), utilities, and accessory equipment that would adversely impact public views to the ocean, parks, and scenic resources are prohibited. No pole sign along a scenic route may be replaced if it is removed, damaged, or destroyed for any reason.

j.

Alteration of natural landforms shall be minimized by conforming to natural topography and using contour grading, and shall comply with the following standards:

i.

The height and length of manufactured cut and fill slopes shall be minimized. A graded slope shall not exceed a height of 15 feet;

ii.

Graded pads on hillsides having a natural slope of 15 percent or more shall be split-level or stepped pad designs. Cantilevers and understories shall be minimized and covered with materials that blend with the surrounding landscape; and

iii.

Structures on the downslopes along scenic routes shall be set below road grade, whenever feasible.

k.

Preserve and, where feasible, restore and enhance individual native trees and native tree communities in areas containing suitable native tree habitat—especially oak, walnut, and sycamore woodlands—as important elements of the area's scenic character.

l.

Large areas of natural open space of high scenic value shall be preserved by clustering development and siting development in and near existing developed areas.

m.

Structures shall not occupy more than 50 percent of the linear frontage of a parcel fronting on a scenic route.

n.

Roof-mounted equipment shall not be visible from a scenic route, excluding solar energy devices. If there is no alternative location possible for the location of such equipment, such equipment shall be screened with materials that blend with the roof or background landscape.

3.

Visual Resource Protection

a.

The length of roads or driveways shall be minimized, except where a longer road or driveway would allow for an alternative building site location that would be more protective of scenic resources. Driveway slopes shall be designed to follow the natural topography, unless otherwise required by the Fire Department. Driveways that are within or visible from a scenic resource shall be a neutral color that blends with the surrounding landforms and vegetation.

b.

Cut and fill slopes and other areas disturbed by construction activities shall be landscaped or revegetated prior to the beginning of the rainy season, unless the County Biologist determines that another time would be more advantageous for the long-term success of the vegetation included in the landscaping/revegetation project. All such landscaping/vegetation shall include only native, droughttolerant plant species that blend with the existing natural vegetation.

c.

New development shall incorporate colors and exterior materials that are compatible with the surrounding landscape. The use of highly-reflective materials shall be prohibited, with the exception of solar panels.

Solar energy devices/panels shall be sited on the rooftops of permitted structures, where feasible, to minimize site disturbance and the removal of native vegetation. If roof-mounted systems are infeasible, ground-mounted systems may be allowed only if sited within the BSA of permitted development. Wind energy systems are prohibited.

e.

Limit the height of structures above existing grade to minimize impacts to visual resources. Within scenic areas, the maximum allowable height shall be 18 feet above existing or finished grade, whichever is lower. Chimneys, rooftop solar equipment, and non-visually-obstructing rooftop antennas may be permitted to extend above the allowable height of the structure, but shall not extend more than six feet above the maximum allowable height.

f.

Land divisions, including lot line adjustments, shall be designed to minimize impacts to visual resources by:

i.

Clustering the building sites to minimize site disturbance and maximize open space;

ii.

Prohibiting building sites on ridgelines;

iii.

Minimizing the length of access roads and driveways;

iv.

Using shared driveways to access development on adjacent lots, where feasible;

v.

Reducing the maximum allowable density in steeply sloping and visually sensitive areas; and

vi.

Minimizing grading and alteration of natural landforms.

g.

ix.

All story poles shall be erected safely and without putting the public at risk. If the story poles become unsafe at any time, they shall be repaired or removed immediately. The poles shall be removed immediately if determined by the County to be a public safety risk. The applicant shall notify the Department when the story poles are in place.

j.

In addition to the information required by Section 22.336.050, maps showing the existing topography of the subject property and project area, including all off-site improvement areas associated with the project, shall be provided with an application for a discretionary review, to determine whether the development site is within a scenic resource area and to analyze potential adverse impacts to scenic resources. The following materials shall be submitted:

i.

One copy of such map shall identify the locations of all drainage patterns, drainage courses, and any other physical features which are customarily found on topographical maps prepared by the United States Geological Survey;

ii.

A separate copy shall delineate all property having a natural slope of 0 to 14.99 percent, 15 to 24.99 percent, 25 to 32.99 percent, 33 to 49.99 percent, and a natural slope of 50 percent or more. All slope values should be rounded to the nearest one-hundredth percent;

iii.

A grading plan to a scale satisfactory to the Director indicating all proposed grading, including the natural and finished elevations of all slopes to be graded; and

iv.

Such other information as the Director determines to be necessary for adequate evaluation. The Director may waive the filing of one or more of the above items, if any item is deemed unnecessary for processing the application.

S.

Schools. A Conditional Use Permit (Chapter 22.158) shall be required for all schools, including trade or commercial schools.

T.

(a)

Credit Area Formula:

Credit Area = (A/5) × (50-S)/35 Where:

A = the area of the lot in square feet.

S = the average slope of the lot in percent. All slope calculations are based on natural (not graded) conditions, as calculated by the formula:

S = I × L/A × 100

Where:

(a)

Open Space Easement Dedication and the Merging of the Retired Lot(s) with One or More Adjacent Developed or Buildable Parcel(s);

(1)

The applicant shall provide evidence of the purchase of fee title or of development rights on one or more donor sites that have not been previously retired and recordation (free of prior liens, including tax liens, and encumbrances) of a valid dedication to a public entity of a permanent, irrevocable open space easement in favor of the People of the State of California over the entirety of the retired lot(s) that conveys an interest in the lot(s) and insures that future development on the lot(s) is prohibited and that restrictions can be enforced, the text of which has been approved by the Director. Recordation of said easement on the donor site shall be permanent and irrevocable; and

(2)

The combination of the donor lot(s) (used to generate the credit) with 1) an adjacent lot that is already developed, or has not been previously retired under the transfer of development credits program or for any other purpose, or 2) with multiple contiguous parcels, at least one of which is developed or has not been previously retired; and in either case, all parcels to be combined must be in the same tax rate area, in common ownership, and free of all tax liens. The retired lot(s) and adjacent parcel(s) shall be recombined and unified, and shall henceforth be considered and treated as a single parcel of land for all purposes with

respect to the lands included therein, including, but not limited to, sale, conveyance, lease, development, taxation, or encumbrance. The permittee shall provide evidence that the combined parcels appear on a preliminary report issued by a licensed title insurance company as a single parcel (which may require the property owner re-conveying the combined property to him/her/itself, presumably via a quitclaim deed). The extinguishment of development potential and lot combination(s) shall be accurately reflected in the records of the County Tax Assessor.

(b)

Open Space Deed Restriction and Transfer in Fee Title to a Public Entity.

(1)

The applicant shall provide evidence of the purchase of fee title or development rights on one or more donor sites that have not been previously retired or otherwise restricted, and the recordation of an open space deed restriction, recorded free of prior liens including tax liens and encumbrances which the Director determines may affect the interest being conveyed, that applies to the entirety of the donor site(s), that insures that the future development on the lot(s) is prohibited and that restrictions are enforceable; and

(2)

Evidence that fee title to the donor site(s) has been successfully transferred to a public entity acceptable to the Director after the recordation of the deed restriction listed above, and that the document effectuating the conveyance has been recorded with the County Recorder. The permittee shall provide evidence that the ownership transfer and the open space deed restriction appear on a preliminary report issued by a licensed title insurance company for the donor site(s);

d.

Upon receiving notification from the applicant that the lot retirement procedures have been completed, the Director shall verify that the development potential on the lots has been retired, that any additional conditions have been satisfied, and that the transfer of development credit condition on the applicant's tentative parcel/tract map has been satisfied.

X.

Vegetation Clearance. At no time shall clearing to bare earth, or practices that disturb the soil, such as discing or tilling, be acceptable methods of vegetation removal and/or maintenance within fuel modification or brush clearance areas.

Y.

Vineyards.

Applicability.

a.

All new vineyards, regardless of size, shall be prohibited in this CSD.

b.

Any existing and lawfully-established vineyard as of January 7, 2016, the effective date of the ordinance that added these vineyard requirements to this CSD, that meets the requirements set forth in Subsection 2.a, below, shall be deemed a conforming vineyard.

c.

Notwithstanding the legal nonconforming use provisions in Chapter 22.172 (Nonconforming Uses, Buildings and Structures), this Subsection 1.c shall regulate all legal nonconforming vineyards within this CSD. Any existing and lawfully-established vineyard as of January 7, 2016, that does not meet the

requirements set forth in Subsection 2.a, below, shall be deemed a legal nonconforming use. Any vineyard which is a legal, nonconforming use, due to the requirements set forth in Subsection 2.a, below, must be removed or made to conform by January 7, 2022. To prove conformance, the applicant shall show under a site plan review, and subject to the approval of the Director, compliance with the requirements set forth in Subsection 2.a, below.

d.

All new vineyards and vineyard expansion applications as of January 7, 2016, shall require a Conditional Use Permit (Chapter 22.158) application. Notwithstanding Section 22.158.070 (All Zone Regulations Apply Unless Permit is Granted), any modification of development standards specified in Subsection 2, below, shall be subject to Section 22.336.100.A.2 (Modification of Vineyard Standards).

2.

Vineyard Requirements.

a.

All vineyards, regardless of size, including vineyards that are less than 4,356 square feet in size, must comply with the following requirements:

i.

To the extent feasible, the vineyard shall use Integrated Pest Management ("IPM") techniques to prevent and control pests in a manner that avoids harm to other organisms, air, soil, and water quality. Such techniques may include, but are not limited to, the following biological, cultural, and mechanical/physical controls used to prevent crop pests, weeds, and diseases:

(a)

Soil and crop nutrient management practices;

(b)

Sanitation measures to remove disease vectors, weed seeds, and habitat for pest organisms;

(c)

Cultural practices that enhance crop health, including selecting plant species and varieties with regard to site-specific conditions and their resistance to prevalent pests, weeds, and diseases;

(d)

The application of biological, botanical, or mineral inputs;

(e)

The augmentation or introduction of predators or parasites of the pest species, the importation of which shall be approved by the United States Department of Agriculture and be completed in compliance with all

other applicable federal, State, and local laws and requirements;

(f)

The development of habitat for natural enemies of pests;

(g)

Mulching with fully biodegradable materials;

(h)

Mowing or mechanical cultivation of weeds or hand weeding; and

(i)

The implementation of measures to minimize sharpshooter populations, including the removal of diseased vines as soon as detected, and the use of yellow sticky traps to monitor sharpshooter populations in the vineyard, and extending up to areas within 200 feet of riparian habitat.

ii.

The vineyard shall: conserve water; reduce water loss to evaporation, deep percolation, and runoff; remove leachate efficiently; and minimize erosion from applied water by implementing a managed drip-irrigation micro-sprinkler or similar type of non-aeration watering system that includes all of the following:

(a)

Irrigation scheduling;

(b)

The efficient application of irrigation water;

(c)

The efficient transport of irrigation water;

(d)

Management of drainage water; and

(e)

The use of rain barrels and reclaimed water or "gray water," where feasible.

iii.

At the end of each calendar year, a comprehensive water report shall be prepared and submitted to the Director that includes total water used at the vineyard throughout the year.

iv.

An erosion control/water quality plan that complies with the conditions in this Subsection shall be submitted. Such plan shall be approved by Public Works, and a covenant evidencing the approved plan shall be recorded with the County Recorder. The conditions required for the erosion control/water quality plan are that:

(a)

Planting areas shall be designed utilizing the water quality design elements of low-impact development, pursuant to Chapter 12.84 (Low Impact Development Standards) in Title 12 (Environmental Protection) of the County Code, so that runoff from the planting areas, from both irrigation and stormwater, is treated or retained on-site. Site-specific water quality measures may include, but are not limited to, the installation or implementation of:

(1)

Biofiltration areas such as bioswales;

(2)

Bioretention facilities;

(3)

Constructed wetlands;

(4)

Dry wells;

(5)

Extended detention basins;

(6)

Infiltration basins;

(7)

Infiltration trenches;

(8)

Sand filters;

(9)

Stormwater planters;

(10)

Tree-well filters;

(11)

Vegetated swales or filter strips;

(12)

Wet ponds; or

(13)

Any combination of the above.

(b)

Planting areas shall implement temporary and/or permanent measures, as appropriate, to minimize the transport of sediment to or from the site and to control erosion to prevent water quality degradation from sediment discharge. Site-specific erosion control measures may include, but are not limited to, the installation or implementation of:

(1)

Active treatment systems;

(2)

Biofilter bags;

(3)

Check dams;

(4)

Compost blankets;

(5)

Compost socks and berms;

(6)

Earth dikes and drainage swales;

(7)

Fiber roles;

(8)

Geotextiles and mats;

(9)

Gravel bag berms;

(10)

Hydraulic mulch; (11) Hydroseeding;

(12) Sandbag barriers; (13) Sediment basins; (14) Sediment traps; (15) Silt dikes;

(16) Silt fences; (17) Slope drains; (18) Soil binders; (19) Storm drain inlet protection;

(20) Straw mulch; (21) Strawbale barriers;

(22)

Streambank stabilization;

(23)

Velocity dissipation devices;

(24)

Wood mulching; or

(25)

Any combination of the above.

v.

Permanent vegetation shall be planted or resident vegetation shall be maintained between vineyard crop rows for ground cover. The species of vineyard ground cover shall foster cycling of resources. Common barley (Hordeum vulgare) and certified disease-free and weed-free woodchips are acceptable ground cover. The species of vineyard ground cover shall be non-invasive and appropriate to the site, as determined by the Director. The grower shall seek advice from an appropriate cover crop specialist for site-specific recommendations.

vi.

Hedgerows, shrubs, and grasses with native and, if appropriate, non-native flowering plants shall be maintained throughout the property to preserve habitat for wildlife and pest predators. Natural nesting sites and perches shall be maintained.

vii.

No clearing to bare earth or use of practices that disturb the soil, such as discing or tilling, shall be allowed.

viii.

Runoff from the vineyard shall be diverted, with a berm or other such measure, around the vineyard's storage or disposal area for waste, crop residues, waste by-products, fertilizers, oils, soil amendments, and any other agricultural products or materials utilized in the planting and growing of crops, to prevent contamination of surface waters.

ix.

Waste and waste by-products from the vineyard must be contained, and if feasible, reused on the area on which crops are grown until disposed of in a manner that does not negatively impact natural resources.

x.

Waste, compost, oils, chemicals, manure, fertilizers, and other similar materials for the vineyard shall be stored: (1) in a sealed area, either inside a structure or in a covered container with an impervious bottom

surface; and (2) at least 200 feet away from any stream/natural drainage course, or any underground water source used for human consumption.

xi.

For access roads and driveways to the vineyard, anti-dust strategies that do not rely on water applications or increase the amount of impervious surface shall be implemented. These strategies shall include, but are not limited to, the application of appropriate non-toxic materials along roadways, such as gravel, sand, porous paving materials, and mulches.

xii.

No burning shall be allowed in the vineyard.

xiii.

The vineyard's total amount of hazardous materials used, stored, and/or generated shall be monitored, tracked, and recorded.

b.

All new vineyards, pending vineyards, and vineyard expansions, regardless of size, including vineyards that are less than 4,356 square feet, shall not be planted on a slope with a slope ratio greater than 3:1 (33 percent slope).

c.

Additional Conditional Use Permit Requirements. In addition to the requirements in Subsections 2.a and 2.b, above, vineyards requiring a Conditional Use Permit (Chapter 22.158) shall also comply with the following:

i.

The vineyard shall be prohibited on significant ridgelines, as defined in Subsection R.1, above, and shall comply with the siting requirements for structures requiring a permit under Subsection R.2, above. Any modification sought from this Subsection must comply Section 22.336.100.A.2 (Vineyard Modifications);

ii.

The vineyard shall not exceed a maximum of two acres in size per lot;

iii.

Any vineyard located in a SEA, as shown in Figure 9.3 of the General Plan, shall comply with the requirements of Chapter 22.102 (Significant Ecological Areas);

iv.

To the extent feasible, the vineyard shall be sited within the approved BSA and/or the associated irrigated fuel modification zone, which is typically 100 feet from such structure;

v.

To the extent feasible, the vineyard shall not be visible from a scenic highway (as depicted in Figure 9.7, Scenic Highways Map, of the General Plan) or the Backbone Trail (as depicted in Figure 10.1, Regional Trail System Map, of the General Plan). If no feasible location on the proposed project site exists where the vineyard would not be visible from a scenic highway or the Backbone Trail, the vineyard shall be sited and designed to minimize its impacts on the scenic highway and/or the Backbone Trail. These mitigation measures may include, but are not limited to, siting the vineyard in the least visible portion of the site, designing the vineyard plantings to blend into the natural hillside setting, restricting the vineyard size, minimizing grading for the vineyard, incorporating landscape and screening elements into the vineyard design, and where appropriate, berming at the vineyard. The preferred mitigation measures in this Subsection are site selection and design alternatives, rather than landscape screening or berming;

vi.

The vineyard shall not be located in or within 200 feet of S1 habitat:

(a)

Where a stream exists on or adjacent to the property containing the vineyard, a buffer shall be maintained at least 200 feet in width from the outer edge of the bank of the stream, unless a canopy of riparian vegetation associated with the stream is present, and then the buffer shall be measured from the outer edge of the canopy. Vegetation removal, vegetation thinning, or the planting of non-native or invasive vegetation shall not be permitted within any such buffer, unless required for fire suppression. Banks of streams shall maintain native vegetation adjacent to the water way;

vii.

All vineyards shall comply with the wildlife-permeable vineyard fencing requirements outlined below:

(a)

The fencing material shall be of wood or an alternative material that gives the appearance of wood, such as wood composite or recycled material.

(b)

The fencing shall not contain barbed material, such as spikes, barbs, or razor blades.

(c)

The maximum height of the fence shall be 48 inches, measured from the ground.

(d)

The fencing material shall not incorporate wire mesh netting or chicken wire that prevents ingress by wildlife.

(e)

The bottom edge of the fencing shall be no higher than 18 inches from the ground.

viii.

Notwithstanding any other fencing requirement in this CSD, non-wildlife-permeable fencing may only be used to surround the immediate area of buildings on the site, and may extend no further than the outer edge of the fuel modification setback zone for such buildings, typically 20 feet, as required by the Fire Department. Such non-wildlife-permeable fencing shall be installed solely for safety purposes and shall be no more than six feet in height. Vineyard plantings may be permitted within these non-wildlife-permeable fenced areas, provided that all other applicable requirements set forth in Subsection 2 (Vineyard Requirements) are met.

ix.

The vineyard development shall not result in the damage, removal, and/or encroachment into the protected zone of a protected tree.

x.

All grading, landform alteration, and vegetation removal for access roads and driveways for the vineyard shall be minimized to the greatest extent feasible. The length of the one access road or driveway shall be the minimum necessary to provide access to the vineyard. The alignment and design of the access road or driveway shall avoid any impact to sensitive habitats, and if such avoidance is not feasible, shall minimize and mitigate any such impact. In no case shall a new on-site or off-site access road or driveway exceed a maximum of 300 feet or one-third the lot depth, whichever is less, unless the review authority finds, based on substantial evidence, that a modification of this standard is warranted, in accordance with Chapter 22.194 (Variance). In addition to the required findings set forth in Chapter 22.194, if the review authority finds that a modification of this requirement is warranted, the review authority shall make findings that alternative access roads or driveways have been considered and eliminated from consideration because the alternatives were found to be: physically infeasible; less protective of scenic resources, sensitive habitat areas, or other natural resources; and/or have the potential for substantial habitat destruction, if any such alternatives were used.

xi.

The vineyard Conditional Use Permit (Chapter 22.158) application shall, in addition to the requirements in Chapter 22.158:

(a)

Provide expected annual water usage for irrigation of the vineyard, as well as for on-site operations related to vineyard production;

(b)

Indicate the water source proposed for the vineyard and whether a new or deeper well will be needed. If a new or deeper well is needed, the applicant shall provide the depth of the well, its projected flow rate, and any anticipated impacts from the well to the surrounding region;

(c)

Provide a visual simulation of the vineyards as seen from the nearby public roads, parks, and trails;

(d)

Include a site-specific survey, conducted by a qualified biologist, to identify, characterize, and delineate habitat types present at the site, as well as any special status plant or animal species at the site. The survey shall include an assessment of how the proposed vineyard development may impact habitat function and/or connectivity. Vineyards shall be sited and designed to avoid or minimize any impact to, or removal of, sensitive and rare species and habitat areas, as determined by the site survey; and

(e)

Provide proof of legal access for any new development associated with the vineyard that is not accessed directly from a public right-of-way.

Z.

Trash Enclosures. Commercial and industrial uses must provide locking trash bin lids or secure all bins within a locked enclosure.

AA.

Residential Uses Serving Seven or More Persons.

1.

Where a lot or any portion thereof is located within a Very High Fire Hazard Severity Zone, as defined in Title 32 (Fire Code) of the County Code, and a Hillside Management Area, residential uses serving seven or more persons shall have two distinct means of vehicular access to a highway that meet the following requirements:

a.

The two distinct means of vehicular access, as measured from the lot frontage to the point of intersection with a highway, shall not overlap with each other;

b.

Each distinct means of vehicular access shall contain pavement of at least 24 feet in width, exclusive of sidewalks; and

c.

Each distinct means of access shall be built to public street standards approved by Public Works.

2.

Where a lot or any portion thereof is located within a Very High Fire Hazard Severity Zone and is not located within a Hillside Management Area, residential uses serving seven or more persons shall have two distinct

means of vehicular access from the lot to a highway that meet the requirements in Subsection 1, above, except that the means of vehicular access may include an unpaved road of at least 24 feet in width maintained by Public Works.

3.

Notwithstanding Subsections 1 and 2, above, residential uses serving seven or more persons shall be permitted on lots with a single means of vehicular access, if such lots front a highway and vehicles enter directly from the highway.

(Ord. 2023-0025 § 9, 2023; Ord. 2022-0008 § 157, 2022; Ord. 2021-0021 § 2, 2021.)

22.336.080 - Zone Specific Development Standards.

Zone A-1.

1.

Permitted Uses. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone A-1 may be used for the following uses with a Ministerial Site Plan Review (Chapter 22.186):

• Horse-boarding, small, subject to the standards for equestrian facilities contained in Section 22.336.070.E.

2.

Uses Subject to Permits. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone A-1 may be used for the following uses, subject to a Conditional Use Permit (Chapter 22.158):

• Bed and breakfast establishments, subject to the standards contained in Section 22.336.070.C.

• Event facilities, limited to no more than 24 events per year, minimum lot size 10 acres and must have two means of access to a highway, subject to the standards contained in Section 22.336.070.F.

Horse-boarding, large, subject to the standards for equestrian facilities outlined in Section 22.336.070.E.
Rural inns, subject to the standards outlined in Section 22.336.070.Q.

B.

Zone A-2.

1.

Permitted Uses. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), Property in Zone A-2 may be used for the following uses with a

Ministerial Site Plan Review (Chapter 22.186), subject to the standards for equestrian facilities outlined in Section 22.336.070.E.

Horse-boarding, large.
Horse-boarding, small.
Riding academies.

2.

Uses Subject to Permits. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone A-2 may be used for the following uses, subject to a Conditional Use Permit (Chapter 22.158):

• Bed and breakfast establishments, subject to the standards and conditions outlined in Section 22.336.070.C.

• Event facilities, number of events determined by Conditional Use Permit, subject to the requirements listed in Section 22.336.070.F.

• Rural inns, subject to the standards outlined in Section 22.336.070.Q.

Commercial and Industrial Zones.

1.

Commercial Uses Subject to Permits. Where property in a commercial zone is not located in the commercial land use category of the Area Plan, an approved Conditional Use Permit (Chapter 22.158) shall be required for any commercial use otherwise permitted in the base zone. Notwithstanding the above, no Conditional Use Permit shall be required for a change of an existing commercial use to a new commercial use having the same or lesser parking requirement and occupant load, and having the same occupancy classification, as described in Title 26 (Building Code) of the County Code, unless such new use is subject to permit in the basic zone.

Additionally, properties in the commercial zones may be used for the following use, in addition to the uses specified in Chapter 22.20 (Commercial Zones), subject to a Conditional Use Permit (Chapter 22.158):

• Event facilities, number of events determined by Conditional Use Permit, subject to the requirements listed in Section 22.336.070.F.

2.

Industrial Uses Subject to Permits. In addition to the uses specified in Chapter 22.22 (Industrial Zones), as requiring a Conditional Use Permit (Chapter 22.158), any industrial use listed as permitted, accessory or as requiring a Ministerial Site Plan Review (Chapter 22.186) application, shall be subject to a Conditional Use Permit.

Additional Findings.

a.

In addition to the findings required by Section 22.158.050 (Findings and Decision), the Hearing Officer shall find that any commercial use subject to a Conditional Use Permit (Chapter 22.158) is local serving and is compatible with surrounding land uses located within 1,000 feet.

b.

In addition to the findings required by Section 22.158.050 (Findings and Conditions), the Hearing Officer shall find that any proposed industrial use in an industrial zone is a quiet, non-polluting light industrial use and is compatible with surrounding land uses located within 1,000 feet.

4.

A building or structure in a commercial zone shall not exceed a height of 35 feet above grade, excluding signs that are permitted by Chapter 22.114 (Signs), chimneys, and rooftop antennas.

D. Zone O-S.

1.

Uses Subject to Minor Conditional Use Permit. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone O-S may be used for the following uses, subject to a Minor Conditional Use Permit (Chapter 22.160) and in compliance with Section 22.16.060.C.1 and C.3 (Additional Regulations for Zone O-S):

Marinas, small boat harbors, docks, piers, boat launches, and similar recreational facilities.
Horse-boarding, large, subject to the standards for equestrian facilities outlined in Section 22.336.070.E.
Riding academies, subject to the standards for equestrian facilities outlined in Section 22.336.070.E.

E.

Zone R-R.

1.

Permitted Uses. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone R-R may be used for the following uses with a Ministerial Site Plan Review, subject to the standards for equestrian facilities outlined in Section 22.336.070.E.

Horse boarding, large.
Horse boarding, small.
Riding academies.

2.

Uses Subject to Minor Conditional Use Permit. In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone R-R may be used for the following uses, subject to a Minor Conditional Use Permit (Chapter 22.160):

Adult residential facilities, serving six or fewer persons.
Group homes for children, serving six or fewer persons.
Residences, single-family.

3.

Uses Subject to Permits.

a.

In addition to the uses specified in Chapter 22.16 (Agricultural, Open Space, Resort and Recreation, and Watershed Zones), property in Zone R-R may be used for the following uses, subject to a Conditional Use Permit (Chapter 22.158):

• Bed and breakfast establishments, subject to the standards and conditions outlined in Section 22.336.070.C.

• Rural inns, subject to the standards outlined in Section 22.336.070.Q.

• Event facilities, number of events determined by Conditional Use Permit, minimum lot size 10 acres, subject to the requirements listed in Section 22.336.070.F.

• Rodeos, one acre minimum lot size.

b.

In addition to the findings required by Section 22.158.050 (Findings and Decision), the Hearing Officer shall find that such proposed bed and breakfast establishment or single-family residence is compatible with surrounding resort and recreation land uses located within 1,000 feet.

4.

A building or structure in Zone R-R shall not exceed a height of 35 feet above grade, excluding signs that are permitted by Chapter 22.114 (Signs), chimneys, and rooftop antennas.

5.

Properties in Zone R-R located within the Rural Commercial land use category shall have a maximum lot coverage of 30 percent and be limited to one story, with the exception of properties with a lot coverage of

up to 15 percent, which shall be permitted a maximum of two stories.

6.

Setbacks.

Front Yard: 20 feet from property line.

Side Yard: 5 feet from property line.

Rear Yard: 15 feet from property line.

(Ord. 2021-0021 § 2, 2021.)

22.336.090 - Area Specific Development Standards.

Topanga Canyon Area.

1.

Purpose. The Topanga Canyon Area is established to implement policies related to antiquated subdivision development contained in the Area Plan to address development on small lots in hillside and other areas that lack adequate infrastructure or are subject to the potential hazards of fire, flood, or geologic instability, and to preserve important ecological resources and scenic features found in this area.

2.

Area Boundary. The boundaries of the Area are as shown on Figure 22. 336-C: Topanga Canyon Area.

3.

Definition. For the purposes of this Subsection A, "small lot subdivision" includes all land within TR. 3944, TR. 8545, TR. 8674, TR. 9287, and TR. 9346. "Small lot subdivision" also includes those portions of TR. 6131, TR. 9385, and all Records of Survey and Licensed Surveyor's Maps in Section 5, Township 1 South, Range 16 West, San Bernardino Base and Meridian, located north of the Coastal Zone boundary. Lots created by a parcel map are exempt from these provisions.

4.

Development Standards.

Fences and Walls. The construction and/or replacement of fences and walls exceeding three and one-half feet in height which are located either within required front yards, or within required corner side or required rear yards where closer than five feet to any highway line is authorized, subject to obtaining approval of a CSD Modification, according to Section 22.336.100.B and subject to the following standards:

i.

Height. No fence or wall shall exceed six feet in height, inclusive of any architectural feature, fixture, and/or support element attached to or part of the fence or wall.

ii.

Where:

A = the area of the building site in square feet. The building site is defined by the applicant and may consist of all, or a designated portion of, the one or more lots comprising the project location. All permitted structures must be located within the designated building site.

S = the average slope of the building site in percent, as calculated by the formula:

S = I × L/A × 100

Where:

S = average natural slope in percent.

I = contour interval in feet, at not greater than 25-foot intervals, resulting in at least five contour lines.

L = total accumulated length of all contour lines of interval "I" in feet.

A = the area of the building site in square feet.

(b)

All slope calculations shall be based on natural, not graded conditions. Maps of a scale generally not less than one inch equals 10 feet (1" = 10'), showing the building site and existing slopes, prepared by a licensed surveyor or registered professional civil engineer, shall be submitted with the application. If slope is greater than 50 percent, enter 50 for S in the GSA formula.

(c)

The maximum allowable GSA, as calculated above, may be increased as follows:

(1)

Add 500 square feet or 12.5 percent of the total lot area, whichever is less, for each lot which is contiguous to the designated building site, provided that such lot is combined with the building site, and all potential for residential development on such lot is permanently extinguished.

(2)

Add 300 square feet or seven and one-half percent of the total lot area, whichever is less, for each lot in the vicinity of (e.g., in the same small lot subdivision) but not contiguous with the designated building site, provided that such lot is combined with other developed or developable building sites and all potential for residential development on such lot is permanently extinguished.

(d)

The floor area requirement for single-family residences contained in Section 22.140.580.C (Minimum Floor Area) shall not apply.

(e)

All residences approved in small lot subdivisions by the slope intensity formula shall be subject to an improvement condition requiring that any future additions or improvements to the property shall be subject to an additional review by the Director.

ii.

The provisions of Sections 22.110.030 (Accessory Buildings), 22.110.080.B.1 (On Partially Developed Blocks), and 22.110.080.B.3 (On Sloping Terrain) shall not apply.

iii.

Procedural Requirements. Notwithstanding Section 22.160.070 (All Zone Regulations Apply Unless Permit is Granted), any modifications of development standards, except for fences, walls, and landscaping, pursuant to Subsections 4.b and 4.d above, shall be considered only through Chapter 22.194 (Variance).

Malibou Lake Area.

1.

Purpose. The Malibou Lake Area establishes development standards to help mitigate the impacts of cumulative residential development on existing historical lots with limited street access in a high fire hazard area.

2.

Area Boundary. The boundaries of the Area are as shown on Figure 22.336-D: Malibou Lake Area.

3.

Development Standards.

a.

Off-Street Parking. Each single-family residence shall have automobile parking spaces, conveniently accessible to the street and to the residence served, as follows:

i.

3.

Modification of Equestrian Facilities Standards. Modification of any development standards contained in Section 22.336.070.E, shall be considered through a Variance (Chapter 22.194) application. A Biological Resources Assessment must be completed and be reviewed by SEATAC prior to any decision by a decision-making body.

4.

Modification of Topanga Canyon Area Specific Development Standards.

Modification of the development standards specified in Subsections A.4.a and A.4.c of Section 22.336.090 shall be subject to a CSD Modification application in compliance with Subsection B, below. The CSD Modification application shall also include findings that the proposed modifications will not create a safety hazard and will not impair views of scenic resources and the application shall contain the following information:

i.

A scaled site plan showing the proposed landscaping, fence or wall location, setbacks, and fence or wall height measurements; and

ii.

A scaled elevation drawing of the proposed landscaping, fence or wall showing measurements of all fence or wall elements, including fence or wall height, and all proposed materials and colors.

5.

Modification of Malibou Lake Area Specific Development Standards.

a.

Any modification of the development standards contained in Section 22.336.090.B.3, concerning parking, street access, and lot coverage, shall be considered for residences through the Conditional Use Permit procedure (Chapter 22.158). In making a determination upon the application, the Hearing Officer or Commission shall find, in addition to the requirements of Section 22.158.050 (Findings and Decision), that:

i.

The modification is necessary for the preservation and enjoyment of a substantial property right possessed by owners of other property in the community;

ii.

The modification will not create an adverse safety impact in the surrounding community;

iii.

The modification will not be materially detrimental or injurious to the property or improvements in the vicinity of the property; and

iv.

The modification will not adversely affect or be in conflict with the General Plan, including the Area Plan.

b.

Modification to yard or setback regulations required by this Title 22 may be granted, pursuant to a Yard Modification (Chapter 22.196) application and this Subsection b.

The application shall comply with all noticing requirements, as required by Chapter 22.196 (Yard Modifications). Such noticing shall also be sent to:

(a)

All "occupant(s)" of properties within the notification radius, where the mailing address of a property owner on the above list is different from the address of the neighboring property; and

(b)

Such other persons as the Director deems appropriate whose property could be affected by the application request.

ii.

Findings and decision shall be made in compliance with Section 22.196.030 (Findings and Decision) and Subsection a, above.

iii.

Notwithstanding Section 22.222.270.A, a Yard Modification which is not used within the time specified in the conditions, or, if no time is specified, within one year after the granting of the yard modification, becomes null and void and of no effect, except that the Hearing Officer may extend such time for a period of not to exceed one year, provided an application requesting such extension is filed prior to such expiration date.

B.

Modification of Specific CSD Standards.

1.

Applicability. Modification of the development standards specified in Subsection A.4, above, shall be subject to a CSD Modification application, in compliance with this Subsection B.

2.

Application and Review Procedures.

a.

Application Checklist. The application submittal shall contain all of the materials required by the CSD Modification checklist.

b.

Type II Review. The application shall be filed and processed in compliance with Chapter 22.228 (Type II Review - Discretionary) and this Subsection B.

3.

Findings and Decision.

a.

Common Procedures. Findings and decision shall be made in compliance with Section 22.228.050 (Findings and Decision), and include the findings in Subsection b, below.

Findings.

i.

The use, development of land, and application of development standards are in compliance with all applicable provisions of this Title 22.

ii.

The use, development of land, and application of development standards, when considered on the basis of the suitability of the site for the particular use or development intended, is so arranged as to avoid traffic congestion, provide for the safety and convenience of bicyclists and pedestrians, including children, senior citizens, and persons with disabilities, insure the protection of public health, safety, and general welfare, prevent adverse effects on neighboring property and is in conformity with good zoning practice.

iii.

The use, development of land, and application of development standards is suitable from the standpoint of functional developmental design.

FIGURE 22.336-A: SANTA MONICA MOUNTAINS NORTH AREA CSD BOUNDARY

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FIGURE 22.336-B: SIGNIFICANT RIDGELINES

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FIGURE 22.336-C: TOPANGA CANYON AREA

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FIGURE 22.336-D: MALIBOU LAKE AREA

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FIGURE 22.336-E: STANDARDS FOR STREET WIDTH

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(Ord. 2021-0021 § 2, 2021.)

APPENDIX I. - CRITERIA FOR SIGNIFICANT RIDGELINES

The designation of the significant ridgelines within the Santa Monica Mountains North Area Community Standards District is based on the following criteria:

• Topographic complexity: Ridges that have a significant difference in elevation from the valley or canyon floor. Generally, these ridges are observable from any location on the valley floor, from a community, or from a public road. Geologic conditions in the Santa Monica Mountains North Area make this a common condition.

• Near/far contrast: Ridges that are a part of a scene that includes a prominent landform in the foreground and a major backdrop ridge with an unbroken skyline. This includes a view into a valley from a public road or viewpoint located at a higher altitude, such as along the valley rim or a pass. Often, layers of ridges are visible into the distance, such as when looking west from Topanga Canyon Boulevard over Henry Ridge to Saddle Peak, and from Mulholland Highway looking east toward Cornell and Malibu Lake. This contrast can be experienced viewing an entire panorama or a portion of a panorama from an elevated point.

• Cultural landmarks: Ridges that frame views of well-known locations, structures, or other places, which are considered points of interest in the Santa Monica Mountains North Area. These landmarks include Paramount Ranch, Peter Strauss Ranch, and Malibu Lake.

• Uniqueness and character of a specific location: Peaks and their buttressing ridges. This is represented by ridges that frame rocky outcroppings, other unique geological features, and areas of extraordinary natural beauty, such as Ladyface Mountain and Saddle Rock. Ridges that frame Malibu Canyon-Las Virgenes Road—a State-designated, County scenic highway—Mulholland Highway, Kanan Road, Topanga Canyon Boulevard, and other scenic routes are also included.

• Existing community boundaries and gateways: Ridges and surrounding terrain that provide the first view of predominantly natural, undeveloped land as a traveler emerges from the urban landscape. These lands introduce visitors to the visual experiences they will encounter in the Santa Monica Mountains North Area. Community boundaries and gateways include the surrounding ridges that provide a skyline and boundary to the rural communities found in the North Area. Examples include the ridges viewed from the Ventura Freeway traveling west from Calabasas, and the ridges along Triunfo and Lobo Canyons.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.340 - SOUTHEAST ANTELOPE VALLEY COMMUNITY STANDARDS DISTRICT