Chapter 22.70 — EQUESTRIAN DISTRICTS

Equestrian Districts are established to recognize areas where the keeping of horses and other large domestic animals for residents' personal use has become or is intended to become integral to the character of the area. An Equestrian District (EQD) permits the keeping of horses and other large domestic animals as accessory to residential uses and is subject to development standards intended to ensure compatibility with surrounding areas and within the EQD itself while also taking the individual characteristics of the particular area under consideration.

(Ord. 2019-0004 § 1, 2019.)

Property in an EQD may be used for any use permitted in the basic zone, subject to the same standards of that zone. This Chapter shall supersede provisions in this Title 22 which regulate the keeping of horses and other large domestic animals (animals), including other equine, cattle, sheep, and goats, as accessory to a residential use.

(Ord. 2019-0004 § 1, 2019.)

22.70.030 - Establishment, Expansion, or Repeal of Equestrian Districts.

A.

Establishment, Expansion, or Repeal. In addition to Section 22.68.020.B, no petition for the establishment, expansion, or repeal of an EQD shall be accepted unless signed by at least 75 percent of the property owners within the area under consideration.

B.

Requirements for Establishment or Expansion. An EQD may be established or expanded where the proposed district will comply with the following requirements:

1.

Area. The proposed EQD shall contain a minimum area of five acres. The expansion of an existing EQD may be considered on less than five acres, where it is an orderly and contiguous extension of an existing EQD.

2.

Buffer Area.

a.

Animals regulated by the proposed EQD shall be separated by a buffer area from any lot which is used for residential purposes or located in a Residential Zone or Zone A-1 having the potential for residential

development and not within the EQD. Such buffer area shall consist of:

i.

A designated setback of not less than 25 feet, located contiguous to and within the boundaries of the proposed EQD. Such setback shall provide a permanently established buffer within which animals regulated by such district will not be kept or maintained; or

ii.

A physical separation in lieu of such setback located contiguous to and either outside or inside of the boundary of the proposed EQD, which provides an equivalent setback or satisfactorily eliminates the need for such setback, within the intent of this Section. Such physical separation may consist of, but is not limited to, a public street, highway, riding trail or other public or private easement, or an appropriate topographical separation.

b.

Where animals to be regulated within the proposed EQD are permitted in the same or greater numbers on property contiguous to its boundary, the Commission may recommend, and the Board may waive, such setback along the common boundary in adopting the District.

3.

Findings. In addition to the findings in Section 22.198.050 (Findings and Decision), the Commission may recommend approval of a petition requesting the establishment of an EQD where the information submitted or presented at the public hearing substantiates the following findings:

a.

That the requested animals within the proposed EQD will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare; and

b.

That the properties in the EQD are adequate in size and shape to accommodate the requested animals without material detriment to the use, enjoyment, or valuation of property of other persons located in the vicinity of the EQD.

4.

Conditions of Approval. The Commission may recommend, and the Board may impose conditions as deemed necessary to ensure that animals permitted in an EQD will be kept in compliance with the findings required by Subsection B.3, above. Conditions imposed may involve any pertinent factors affecting the establishment, operation, and maintenance of the requested EQD, including, but not limited to:

a.

The number and location of animals permitted;

b.

The type, and construction of corrals, stables, or other structures used for the housing of such animals;

c.

Fencing requirements;

d.

Required setbacks; or

e.

The inclusion of riding areas or equestrian trails within the EQD.

(Ord. 2019-0004 § 1, 2019.)

Established EQDs are listed in Table 22.70.040-A, below. These EQDs are shown on the Zoning Map and are incorporated with all provisions specified in each respective ordinance of adoption.

(Ord. 2024-0029 § 2, 2024; Ord. 2019-0004 § 1, 2019.)

A.

General Development Standards.

1.

Maintenance. All animals authorized to be kept in an EQD shall be maintained in a safe and healthy manner, in compliance with all applicable regulations provided in any other statute or ordinance.

Stable and Corral.

a.

Animals shall be kept in a stable or fenced corral.

b.

No part of any stable or corral shall be located within 35 feet from any existing habitable structure except for an accessory dwelling unit or junior accessory dwelling unit regulated by Section 22.140.640 (Accessory Dwelling Units and Junior Accessory Dwelling Units).

c.

No part of any stable or corral shall be located within 100 feet of an existing school building or hospital building.

B.

Agency Review. As part of the review of an application for a project in an EQD, the Director shall notify and request reports from the Departments of Animal Care and Control and Public Health regarding the ability of the applicant to maintain such animals properly as indicated in the application and site plan.

C.

Equestrian District Specific Development Standards.

1.

Rancho Potrero De Felipe Lugo. The maximum number of animals in EQD-1: Rancho Potrero De Felipe Lugo shall comply with Table 22.70.050-A and Figure 22.70.050-A: Rancho Potrero De Felipe Lugo, below.

FIGURE 22.70.050-A: RANCHO POTRERO DE FELIPE LUGO

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2.

West Altadena. The maximum number of animals in EQD-2: West Altadena shall comply with Table 22.70.050-B and Figure 22.70.050-B: West Altadena, below.

FIGURE 22.70.050-B: WEST ALTADENA

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3.

Pellissier Village. The maximum number of animals in EQD-3: Pellissier Village shall comply with Table 22.70.050-C and Figure 22.70.050-C: Pellissier Village, below.

FIGURE 22.70.050-C: PELLISSIER VILLAGE

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Kinneloa Mesa. The maximum number of animals in EQD-4: Kinneloa Mesa shall comply with Table 22.70.050-D and Figure 22.70.050-D: Kinneloa Mesa, below.

FIGURE 22.70.050-D: KINNELOA MESA

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5.

Beverly Acres. The maximum number of animals in EQD-6: Beverly Acres shall comply with Table 22.70.050-F and Figure 22.70.050-F: Beverly Acres, below.

FIGURE 22.70.050-F: BEVERLY ACRES

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Avocado Heights. EQD-7: Avocado Heights shall comply with this Subsection C.7.

a.

Number of Animals. The maximum number of animals shall comply with Table 22.70.050-G and Figure 22.70.050-G: Avocado Heights, below.

b.

Additional Regulations. In Zone B-1:

i.

Animals shall not be maintained; and

ii.

Trails shall not be established.

FIGURE 22.70.050-G: AVOCADO HEIGHTS

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(Ord. 2025-0029 § 4, 2025; Ord. 2024-0029 § 3, 2024; Ord. 2019-0004 § 1, 2019.)

Chapter 22.72 - SETBACK DISTRICTS

Setback Districts are established to develop properties with minimum building setbacks in designated yards:

A.

This Chapter shall supersede other provisions in this Title 22 that require building setbacks in designated yards.

B.

The required front yard specified in a Setback District shall apply to the yard that is parallel to the front lot line of the perimeter of a compact lot subdivision.

(Ord. 2020-0032 § 19, 2020; Ord. 2019-0004 § 1, 2019.)

Established Front Yard Setback Districts are listed in Table 22.72.020-A, below. Front Yard Setback Districts are shown on the Zoning Map and are incorporated with all provisions specified in each respective ordinance of adoption.

(Ord. 2025-0010 § 1, 2025; Ord. 2024-0032 § 14, 2024; Ord. 2024-0029 § 4, 2024; Ord. 2019-0004 § 1, 2019.)

The boundaries of the Setback Districts are shown on Figures 22.72.030-A through P, at the end of this Chapter.

(Ord. 2025-0010 § 2, 2025; Ord. 2024-0032 § 15, 2024; Ord. 2024-0029 § 5, 2024; Ord. 2019-0004 § 1, 2019.)

Every lot in a Setback District shall conform to the building setbacks established by this Chapter, except where a subject lot adjoins another lot that fronts on the same highway, parkway, or street that has a lesser setback or yard, the building setback shall be the average of the building setbacks or yards of the adjacent lots on both sides of the subject lot. Otherwise, the setback shall conform to the distance established for the lot in this Title 22.

(Ord. 2024-0032 § 16, 2024; Ord. 2019-0004 § 1, 2019.)

DISTRICT MAPS (FIGURES)

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(Ord. 2025-0010 § 2, 2025; Ord. 2024-0032 § 16, 2024; Ord. 2019-0004 § 1, 2019.)

Chapter 22.74 - FLOOD PROTECTION DISTRICTS

Flood Protection Districts are established to regulate properties within areas designated by Public Works as subject to substantial flood hazard. These districts include both the existing washes or channels and additional areas as necessary to provide reasonable protection from overflow of floodwaters, bank erosion, and debris deposition. The regulations contained in the district are supplemental to other flood protection regulations of this Title 22.

(Ord. 2019-0004 § 1, 2019.)

A.

No building or structure shall be used, erected, constructed, or moved onto a lot within the boundaries of a Flood Protection District, except for the following structures:

1.

Accessory buildings and structures that will not substantially impede the flow of water, including sewer, gas, electrical, and water systems, approved by Public Works pursuant to Title 26 (Building Code) of the County Code;

2.

Parking lots or buildings incidental to a lawfully established use; and

3.

Flood-control structures approved by Public Works.

B.

No building or structure shall be altered, modified, enlarged, or reconstructed on a lot within the boundaries of a Flood Protection District, except for nonconforming buildings and structures, subject to Sections 22.172.020.B (Additions to a Nonconforming Use or a Building or Structure Nonconforming Due to Use and/or Standards) and 22.172.020.C (Additions to a Building or Structure Nonconforming Due to Standards).

(Ord. 2019-0004 § 1, 2019.)

Established Flood Protection Districts are listed in Table 22.74.030-A, below. Flood Protection Districts are shown on the Zoning Map and are incorporated with all provisions specified in each respective ordinance of adoption.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.76 - NOISE INSULATION PROGRAM

The Noise Insulation Program is intended to safeguard the public health and safety by establishing minimum building requirements for residential occupancies in the vicinity of Los Angeles International Airport. These requirements are not intended to supersede any health or safety provisions required under any applicable codes or ordinances. These requirements shall apply to all construction, additions, alterations, improvements, and repairs of Group R buildings, as defined by Title 26 (Building Code) of the County Code, in the 65 decibel Community Noise Equivalent Level (CNEL) and above noise zones of the Los Angeles International Airport.

(Ord. 2019-0004 § 1, 2019.)

The location and boundaries of the 65 decibel CNEL and above noise zones are shown and delineated on the most recent Fourth Quarter Los Angeles World Airports Quarterly Report Noise Contour Map, as required by Title 21 of the California Code of Regulations.

(Ord. 2022-0008 § 77, 2022; Ord. 2019-0004 § 1, 2019.)

Proposed construction, additions, alterations, improvements and repairs requiring a building permit within the 65 decibel CNEL and above noise zones depicted on the most recent Quarterly Report Noise Contour Map, shall comply with such building requirements as may be specified for these zones in Title 26 (Building Code) of the County Code. No building permit shall be issued within these zones unless the covered work is in compliance with the specified Building Code requirements to the satisfaction of Public Works, Building and Safety Division. Deviations from the specified building requirements are permissible only if all deviations are certified, by a person experienced in the field of acoustical engineering retained by the permit applicant, to comply with and achieve the 45 decibel standard for every habitable room constructed or modified.

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.80 - RURAL OUTDOOR LIGHTING DISTRICT

The Rural Outdoor Lighting District (ROLD) is established as a supplemental district for the rural areas of the County to promote and maintain dark skies for the health and enjoyment of individuals and wildlife by:

A.

Curtailing light pollution and preserving the nighttime environment.

B.

Permitting reasonable uses of outdoor lighting for nighttime safety, security, productivity, and enjoyment, while protecting the natural environment from the adverse effects of excessive outdoor nighttime lighting from artificial sources.

C.

Conserving energy and resources.

D.

Minimizing adverse offsite impacts of outdoor lighting, such as light trespass.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.180(R) of Division 2 (Definitions), under "Rural Outdoor Lighting District."

(Ord. 2022-0008 § 78, 2022; Ord. 2019-0004 § 1, 2019.)

22.80.030 - Applicability.

A.

General Applicability. This Chapter shall apply within the ROLD, as depicted on Figure 22.80.030-A: Rural Outdoor Lighting District, located at the end of this Chapter, to the following:

1.

Outdoor lighting for new land uses, structures, buildings, or developments.

2.

Outdoor lighting for all portions of any structure, building, or development following a major addition thereto.

3.

New street lights.

Abandoned uses that are resumed.

B.

Applicability to Existing Outdoor Lighting and Replacement Lighting.

1.

Except as otherwise provided in this Subsection B, outdoor lighting, including street lights that were lawfully existing on December 13, 2012, the effective date of this Chapter, may remain in their present condition without complying with this Chapter.

2.

Additions, upgrades, or replacements that are made to outdoor lighting, including street lights, that were lawfully existing on December 13, 2012, shall comply this Chapter, where applicable, except that when less than 50 percent of the outdoor lighting fixtures on a property are replaced for a commercial, industrial, or mixed use, Section 22.80.060.C (Automatic Controls) shall not apply. For purposes of this provision, the term replacement shall include the replacement of outdoor lighting, including street lights, due to damage or destruction.

3.

Outdoor lighting, other than street lights, located on properties in a Residential or Agricultural Zone that was lawfully existing at the time this Chapter became effective shall be removed or made to comply with this Chapter within six months after December 13, 2012, if such outdoor lighting causes light trespass, the determination of which shall be made by the Director, and in all other cases, shall be removed or made to comply with the applicable provisions of this Chapter within three years after the effective date of this Chapter.

4.

Outdoor lighting, other than street lights, located on properties in a zone other than a Residential or Agricultural Zone that was lawfully existing at the time this Chapter became effective shall be removed or made to comply with this Chapter within six months after December 13, 2012, if such outdoor lighting causes light trespass onto a property located in a Residential, Agricultural or Open Space Zone or onto the improved portion of any public right-of-way, as such determination is made by the Director.

(Ord. 2019-0004 § 1, 2019.)

Subject to Section 22.80.030 (Applicability), the following types of outdoor lighting shall be prohibited within ROLD:

A.

Drop-down lenses.

B.

Mercury vapor lights.

C.

Ultraviolet lights.

D.

Searchlights, laser lights, or other outdoor lighting that flashes, blinks, alternates, or moves.

(Ord. 2019-0004 § 1, 2019.)

In addition to complying with the applicable provisions of Title 26 (Building Code) and Title 27 (Electrical Code) of the County Code, outdoor lighting within the ROLD, other than street lights, shall be subject to the following requirements:

A.

Lighting Allowance. For properties located in a Residential, Agricultural, Open Space, or Watershed Zone, outdoor light fixtures installed above 15 feet in height shall have a manufacturer's maximum output rating of no greater than 400 lumens.

B.

Light Trespass. Outdoor lighting shall cause no unacceptable light trespass.

C.

Shielding. Outdoor lighting shall be fully shielded.

D.

Maximum Height.

1.

The maximum height for an outdoor light fixture, as measured from the finished grade to the top of the fixture, shall be as follows:

a.

20 feet for a property located in a Residential, Agricultural, Open Space, or Watershed Zone.

b.

35 feet for a property located in an Industrial Zone.

c.

30 feet for property located in any other zone.

2.

Notwithstanding Subsection D.1, above, 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 75 feet; and

3.

Notwithstanding Subsections D.1 and D.2, above, the Director may approve an outdoor light fixture with a height higher than as otherwise permitted by these subsections through a Ministerial Site Plan Review (Chapter 22.186) application, if the applicant demonstrates that a higher light fixture would reduce the total number of light fixtures needed at the involved site, or would reduce the light trespass of the outdoor lighting.

E.

Maintenance. Outdoor lighting shall be maintained in good repair and function as designed, with shielding securely attached to the outdoor lighting.

(Ord. 2019-0004 § 1, 2019.)

22.80.060 - Additional Standards for Commercial, Industrial, and Mixed Uses.

In addition to complying with the applicable provisions of Section 22.80.050 (General Development Standards) outdoor lighting located on a property with a commercial, industrial, or mixed use shall be subject to the following requirements:

A.

Building Entrances. All building entrances shall have light fixtures providing light with an accurate color rendition so that persons entering or exiting the building can be easily recognized from the outside of the building.

B.

Hours of Operation.

1.

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., 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.

2.

Exemption from Hours of Operation. Outdoor lighting shall be exempt from the hours of operation requirements of Subsection B.1, above, if such lighting:

a.

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

b.

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

C.

Automatic Controls. Outdoor lighting shall use automatic control devices or systems to turn the outdoor lighting off so as to comply with the applicable hours of operation requirements of Subsection B.1, above. These devices or systems shall have backup capabilities so that, if power is interrupted, the schedule programmed into the device or system is maintained for at least seven days.

(Ord. 2019-0004 § 1, 2019.)

In addition to complying with the applicable requirements of Section 22.80.050 (General Development Standards), outdoor light fixtures, when used to illuminate outdoor recreational activity areas, shall be mounted, aimed, and fully shielded so that their light beams fall onto said areas in such a way so as to prevent unacceptable light trespass onto surrounding areas or properties, and shall use high pressure sodium or metal halide lamps as their preferred lighting source.

(Ord. 2019-0004 § 1, 2019.)

In addition to complying with the applicable requirements of Section 22.80.050 (General Development Standards) outdoor lighting for new signs, including outdoor advertising signs, business signs, and roof and freestanding signs, shall comply with the following:

A.

The outdoor lighting shall be fully shielded;

B.

When the signs use externally-mounted light fixtures, they shall be mounted to the top of the sign and shall be oriented downward; and

C.

Externally-mounted bulbs or lighting tubes used for these signs shall not be visible from any portion of an adjoining property or public right-of-way unless such bulbs or tubes are filled with neon, argon, krypton, or other self-illuminating substance.

(Ord. 2019-0004 § 1, 2019.)

So as to maintain the dark skies characteristics of the ROLD to the maximum extent possible, street lights in the district shall be prohibited except where necessary at urban cross sections with sidewalks, curbs, and gutters or at intersections and driveways on County roads, where the Director of Public Works finds that street lights will alleviate traffic hazards, improve traffic flow, and/or promote safety and security of pedestrians and vehicles based on Public Works' highway safety lighting standards. Where street lights are installed in the district, they shall:

A.

Be placed at the maximum distance apart, with the minimum lumens allowable pursuant to Public Works' highway safety lighting standards, as determined by the Director of Public Works;

B.

Utilize full-cutoff (flat glass lens) luminaries so as to deflect light away from adjacent parcels; and

C.

Be designed to prevent off-street illumination and glare.

(Ord. 2019-0004 § 1, 2019.)

The following outdoor lighting shall be exempt from the provisions of this Chapter:

A.

Outdoor lighting for a public facility operated by the Sheriff's Department, Probation Department, or similar department or entity that keeps incarcerated persons, provided such lighting is needed for the security or operation of the facility.

B.

Temporary outdoor lighting, which is outdoor lighting that does not persist beyond 60 consecutive days or more than 120 days per year.

C.

Outdoor lighting used in or around swimming pools or water features for safety purposes.

D.

Outdoor lighting required for compliance with the federal Americans with Disabilities Act.

E.

Outdoor lighting for industrial facilities and sites, including but not limited to, rail yards, maritime shipyards and docks, piers and marinas, chemical and petroleum processing plants, and aviation facilities, where such lighting is needed for safety reasons.

F.

Outdoor lighting for outdoor theme parks, fairs, or carnivals.

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FIGURE 22.80.030-A: RURAL OUTDOOR LIGHTING DISTRICT

(Ord. 2019-0004 § 1, 2019.)

Chapter 22.82 - HISTORIC DISTRICTS

Historic districts are established as supplemental districts to:

A.

Implement special development standards to promote, protect, enhance, perpetuate, and preserve property of historic importance within the unincorporated areas of the County for the educational, cultural, economic, and general welfare of the public;

B.

Implement the General Plan by ensuring development consistent with the General Plan's policies concerning urban design, neighborhood enhancement, housing, land use, and historic and cultural resources;

C.

Deter the demolition, destruction, alteration, misuse, or neglect of historically significant buildings and structures which constitute an important link to the County's past;

D.

Stimulate the economic health and residential quality of unincorporated County communities and stabilize and enhance the value of property in those communities; and

E.

Encourage development tailored to the character and significance of each historic district.

(Ord. 2019-0004 § 1, 2019.)

An historic district shall be established or amended by ordinance adopted in accordance with the procedures set forth in Chapter 22.124 (Historic Preservation).

(Ord. 2019-0004 § 1, 2019.)

22.82.030 - Development Restrictions.

A.

Property within the boundaries of an historic district may be used for any purpose permitted in the basic zone to which the historic district is added, subject to all applicable provisions of this Title 22, including but not limited to Chapter 22.124 (Historic Preservation), and any development standards, limitations, conditions, or other regulations applicable to the historic district as may be set forth in the ordinance establishing or amending the historic district.

B.

Notwithstanding Section 22.300.020 (Application of Community Standards Districts to Property), where an ordinance establishing or amending a historic district imposes development standards, limitations, conditions or regulations which are inconsistent with those otherwise imposed by this Title 22, the development standards, limitations, conditions, and regulations set forth in the ordinance establishing or amending the historic district shall supersede any inconsistent provisions in this Title 22.

(Ord. 2019-0004 § 1, 2019.)

Established historic districts are listed in Table 22.82.040-A, below. These historic districts are shown on the Zoning Map and are incorporated with all provisions specified in each respective ordinance of adoption.

(Ord. 2019-0004 § 1, 2019.)

The Green Zone, Zone ( )-GZ, is a Combining Zone established to identify industrially-zoned parcels, including those in a Specific Plan, that are within a 500-foot radius of a lot containing a sensitive use, and therefore, subject to specific land use regulations set forth in this Chapter. The Green Zone promotes environmental justice in communities that are disproportionately affected by toxic pollutants and contaminants generated from various land uses over time. This Chapter provides regulations and procedures for new and existing land uses to ensure that such land uses will be operated in consideration of the surrounding sensitive uses as defined in Chapter 22.14 (Definitions), minimizing potential adverse health and safety impacts, and promoting clean industrial uses.

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

A.

General Applicability. Except as specified otherwise in this Title 22, this Chapter applies to parcels that are zoned ( )-GZ and contain a new or legally-established existing use that is one of the following:

1.

Listed under the Industrial Uses category, with the exception of uses under the Airport-related subcategory, in Table 22.22.030-B (Principal Use Regulations for Industrial Zones);

2.

Listed under Recycling and Solid Waste Uses category in Table 22.22.030-B (Principal Use Regulations for Industrial Zones);

Listed under the Vehicle-related Uses, with the exception of uses under the Vehicle Sales and Rentals subcategory, in Table 22.22.030-B (Principal Use Regulations for Industrial Zones). Supply stores under Vehicle Services sub-category that are within fully enclosed buildings are also not subject to this Chapter;

4.

A new drive-through establishment, drive-through facility, or drive-through service, established on or after July 14, 2022; or

5.

A new automobile service station or a new CNG fueling station, established on or after July 14, 2022.

B.

Applicability of Schedule for Compliance. Existing, legally-established uses, structures, or development subject to this Chapter shall comply with all applicable provisions in Section 22.84.050 (Schedule for Compliance for Existing, Legally-Established Uses).

C.

Exceptions. Notwithstanding Subsections A and B, above:

1.

This Chapter shall not apply to any existing industrial, recycling or solid waste, or vehicle-related uses, legally established prior to the establishment of a new sensitive use on or after July 14, 2022, on an adjacent or adjoining lot, pursuant to Chapter 22.134, if such sensitive use is the only sensitive use that is within a 500-foot radius of the lot containing the existing industrial, recycling or solid waste, or vehiclerelated uses.

2.

When in conflict with other provisions of this Title 22, the more restrictive requirements shall apply.

3.

When a use is subject to a Conditional Use Permit (Chapter 22.158) or a Minor Conditional Use Permit (Chapter 22.160) pursuant to this Title 22, the Commission or Hearing Officer may impose a condition of approval that differs from a development standard, a performance standard, or the schedule for compliance prescribed in this Chapter.

D.

Improvements Pursuant to this Chapter. Improvements made pursuant to this Chapter shall not be considered nonconforming pursuant to Chapter 22.172 (Nonconforming Uses, Buildings, and Structures), even if there is subsequently a more restrictive requirement in this Title 22 governing the same matter.

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

The following uses are prohibited in Zone ( )-GZ, except where noted:

A.

Acid manufacture.

B.

Anaerobic digestion facility, except as an accessory to a legally-established use that processes waste generated on-site only.

C.

Auto dismantling (outdoor operation).

D.

Cement, lime, gypsum, or plaster of Paris manufacture.

E.

Chipping and grinding.

F.

Combustion or non-combustion biomass conversion facility, except for a non-combustion biomass conversion facility that processes waste generated on-site only.

G.

Composting facility, except for green waste composting only.

H.

Compressed natural gas manufacture.

I.

Construction and demolition facility, recycling.

J.

Conversion technology facility, recycling, or solid waste.

K.

Distillation of bones.

L.

Drop hammers.

M.

Explosives.

N.

Forging works.

O.

Fertilizer manufacture, except accessory composting of on-site generated waste associated with a legallyestablished commercial or agricultural use.

P.

Gas manufacture, except accessory anaerobic digestion of on-site generated waste associated with a legally-established commercial or agricultural use.

Q.

Glue manufacture.

R.

Inert Debris landfills.

S.

Inert Debris processing facilities, recycling.

T.

Materials recovery facilities, new.

U.

Metal plating (prohibited within a 1,000-foot radius of a lot containing a sensitive use).

V.

Polymer plastics and foam manufacture.

W.

Scrap metal yards (outdoor operation).

X.

Smelting of tin, copper, zinc or iron ores.

Y.

Solid waste landfills.

Z.

Tannery or the curing or storage of raw hides.

AA.

Transfer stations.

(Ord. 2024-0028 § 8, 2024.)

22.84.040 - Standards and Requirements for Specific Uses.

A.

Application Requirements.

1.

The following uses shall be subject to a Conditional Use Permit (Chapter 22.158) in Zone ( )-GZ.

a.

Drive-through establishments, drive-through facilities, and drive-through services, new.

b.

Industrial Uses.

i.

Assembly, manufacture, packaging, and storage of finished or prepared materials, including on-site manufacture of raw, natural, or synthesized flammable or toxic chemicals:

(a)

Earthen products, including ceramics, sand, and stone, but excluding brick, terra cotta, and tile manufacture.

(b)

Precious and semi-precious metal products, including jewelry and lapidary.

ii.

Assembly, manufacture, packaging, and storage of finished or prepared materials, provided that no manufacturing of raw natural or synthesized materials, including flammable or toxic chemicals, is conducted on-site. Metal products and parts; including the fabricating, engraving, spinning, storing, plating, and finishing of, where the use prohibits snap riveting and any process used in bending or shaping,

which produces any audible nuisance or disagreeable noise, is prohibited. Use of perchloric acid is prohibited. Use excludes foundries and forging works.

iii.

Food processing:

(a)

Breweries.

(b)

Dairy products depots.

(c)

Slaughtering, dressing, processing, packing, and sale of poultry, fowl, rabbits, and other similar animals of comparable nature, form, and size.

(d)

Starch mixing and bottling.

iv.

Laundries and cleaning services, such as rug and carpet cleaning plants.

v.

Manufacturing:

(a)

Blacksmith shops.

(b)

Boat building.

(c)

Concrete batching plants, mixers of one cubic yard capacity or smaller.

(d)

Engraving, machine metal engraving.

(e)

Fabricating.

(f)

Ice manufacturing, distribution, and storage.

(g)

Lubricating oil canning and packaging, limited to 100 barrels stored aboveground at a time.

(h)

Lumberyard.

(i)

Machine shops.

(j)

Paint mixing, excluding lacquers and synthetic enamels.

(k)

Presses, hydraulic presses for the molding of plastics.

(l)

Refrigeration plants.

(m)

Sand, the washing of sand to be used in sandblasting.

(n)

Sheet metal shops.

(o)

Stone, marble and granite; including grinding, dressing, and cutting.

vi.

Recycling and Solid Waste uses, including auto dismantling/recycling (indoor operation), and scrap metal (indoor operation).

vii.

Storage:

(a)

Acetylene and oxygen storage in tanks. Oxygen shall be stored in a room separate from acetylene, and such rooms shall be separated by a not less than one-hour fire-resistant wall.

(b)

Boat storage.

(c)

Building materials.

(d)

Bus storage.

(e)

Car barns for buses and streetcars.

(f)

Cold storage plants.

(g)

Contractor's equipment yards, including farm and building trade equipment.

(h)

Distributing plants.

(i)

Draying yards or terminals.

(j)

Fuel yards.

(k)

Machinery storage yards.

(l)

Moving van storage or operating yards.

(m)

Plaster storage.

(n)

Produce yards and terminals.

(o)

Storage and rental of plows, tractors, buses, contractor's equipment, and cement mixers.

(p)

Truck and RV storage, including container storage.

(q)

Warehouses, including storage warehouses, which have a gross floor area of 100,000 square feet or greater.

(r)

Waste hauler vehicle or waste hauler container storage.

(s)

Wood yards.

viii.

Tire retreading or recapping.

ix.

Valves, storage and repair of; including oil well valves.

x.

Welding.

c.

Vehicle-related Uses:

i.

Automobile washing, automatic car wash.

ii.

Automobile washing, coin-operated, or hand wash.

iii.

Vehicle services, automobile body and fender repair, and paint shops.

iv.

Vehicle services, automobile impound, and tow yards.

v.

Vehicle services, automobile painting, and upholstering shops.

vi.

Vehicle services, any automobile repair garages.

vii.

Vehicle services, new automobile service stations.

viii.

Vehicle services, automobile supply stores (outdoor only).

ix.

Vehicle services, new CNG fueling stations.

d.

New development, change of use, or major improvements which increase either the floor area of a structure or the number of parking spaces, proposed on a site that is partially or entirely located within a half-mile radius of the boundaries of Superfund Sites, as identified in the United States Environmental Protection Agency ("U.S. EPA") National Priorities List. For these uses, an environmental site assessment (Phase 1 Study) shall be submitted.

2.

Projects that propose grading. Where grading is proposed for a project subject to a Conditional Use Permit, such projects must comply with all federal, State, and local laws with regard to protection of Tribal Cultural Resources.

3.

All other types of industrial or vehicle-related uses subject to this Chapter shall require a Ministerial Site Plan Review (Chapter 22.186) or Minor Conditional Use Permit (Chapter 22.160) application in compliance with this Section.

4.

All uses subject to a Conditional Use Permit may be required to submit a noise evaluation report and control plans for odor, dust, and vibration prepared by a licensed professional at the request of Public Health. Mitigation measures, if required, shall be approved by Public Health prior to the permit being finalized.

Hazardous Sites. The following application materials shall be required for all permitted and conditionally permitted uses subject to this Chapter that are located on hazardous sites:

a.

An appropriate federal, State, or local agency clearance letter where the project site is known to be a hazardous property or listed on the Cortese List maintained by the California Environmental Protection Agency ("Cal-EPA"); and

b.

A Phase 1 study to demonstrate that the site is clear of contamination if it is known to have a previous use that potentially generated hazardous materials.

B.

Additional Findings. When a Conditional Use Permit (Chapter 22.158) is required by this Section, or a Minor Conditional Use Permit (Chapter 22.160) is required by Title 22, the following additional findings must be made in addition to the Conditional Use Permit findings required in Section 22.158.050.B (Findings and Decision) or Minor Conditional Use Permit findings in Section 22.160.050 (Findings and Decision):

1.

The proposed use, development of land, and application of development standards are arranged to prevent adverse effects related to odor, noise, aesthetic, soil contamination, and air quality on neighboring property;

2.

The proposed use and development of land employ appropriate environmental impact mitigation strategies, such as physical design characteristics, mechanical safeguards, or best practice strategies, including placement of construction equipment as far away from sensitive uses as possible, use of construction equipment that has properly operating and maintained mufflers, use of Zero Emissions construction equipment where feasible, orienting public address systems on-site away from nearby sensitive uses and setting system volume at a level not readily audible past the property line as feasible, and minimizes impacts on nearby sensitive uses; and

3.

The proposed use and development of land protects public health and safety and promotes environmental sustainability.

C.

Development Standards.

1.

Development Standards for All Permitted and Conditionally Permitted Uses Subject to this Chapter.

a.

Solid walls.

i.

The following uses shall provide solid walls along the street frontage and any other lot lines adjoining a lot containing sensitive uses:

(a)

Boat storage.

(b)

Bus storage.

(c)

Organic waste facilities.

(d)

Pallet yards.

(e)

Recycling collection facilities.

(f)

Recycling processing facilities.

(g)

Truck and RV storage.

(h)

Uses that have accessory uses or secondary, related activities other than parking occurring outdoors.

ii.

Required solid walls shall meet the following standards:

(a)

Be of a uniform height between eight and 12 feet;

(b)

Be of a minimum thickness of six inches;

(c)

Be a neutral color; and

(d)

Be constructed in workmanlike manner and consist of materials such as concrete masonry unit ("CMU") or masonry, brick, etc.

iii.

Any type of fencing or wire is prohibited, except that metal gates may be permitted for the purpose of vehicular access.

b.

Landscaping on Street Frontage. Required solid walls along street frontages shall be set back by landscaping of a minimum of five feet in depth, as described below, unless the landscaping encroaches into the required existing parking spaces and associated maneuvering areas, or existing building or structures. The landscaping shall be verified on a landscaping plan submitted to the Department and consist of the following:

i.

One 15-gallon tree for every 100 square feet of landscaped area shall be planted and spaced 10 feet apart. The remaining area shall also be landscaped with grass, shrubs, or bushes, etc. All plants provided for required landscaping shall be drought-tolerant and include only non-invasive plant species.

ii.

The landscaping shall be maintained in a healthy condition with appropriate watering, pruning, weeding, fertilizing, and litter removal. Trees shall be planted in locations that maintain the required lines of sight for safe pedestrian and vehicular movement and shall not cause root damage to the sidewalk or other public infrastructure, to the satisfaction of Public Works.

iii.

Trees planted near buildings or fire lanes shall be placed in locations that do not adversely impact the Fire Department operations or response times, to the satisfaction of the Fire Department.

iv.

Trees shall be selected from the Tree Species List maintained by the Director.

v.

Landscaping equipment used for maintenance, such as lawn mowers and leaf blowers, shall be electric and non-combustion powered.

vi.

Notwithstanding Chapter 12.84 (Low Impact Development Standards) of the County Code, parcels subject to this Chapter 22.84 (Green Zone Districts) and less than one acre in size shall not be exempt from Low Impact Development requirements.

c.

Storage of Materials, Vehicles, or Equipment.

i.

Any materials, vehicles, or equipment that are stored outdoors shall not be visible beyond the surrounding wall from a line of sight from the public right-of-way or nearby sensitive use, shall be fully contained within the property boundaries, and shall not spill over onto public rights-of-way.

ii.

Stored materials shall be set back at least 10 feet from the wall or the length equal to the wall height, whichever is greater.

iii.

The area between the stored materials and the wall may be landscaped.

d.

Enclosures.

i.

Any area used for storage or handling of hazardous materials, including above-ground storage tanks, shall be within an enclosure and fully screened from the public right-of-way;

ii.

A completely enclosed building shall be provided for the following, unless another regulatory agency requires natural ventilation as part of the regulatory code:

(a)

Any area where manufacturing or repair work occurs, such as assembly or disassembly of parts, repairs, processing of materials, or operation of equipment that emits or generates dust, smoke, gas, fumes, cinder, or waste; or

(b)

Recycling processing facilities, including auto dismantling activity, and scrap metal crushing and shredding.

(1)

Auto dismantling activity, and scrap metal crushing and shredding, shall be placed furthest away from nearby sensitive uses as possible and be fully enclosed within a building.

(2)

The garage door or opening of the enclosed building for auto dismantling activity, and scrap metal crushing and shredding, shall face the opposite direction of the nearest sensitive use and may be kept open during operation for ventilation.

(3)

Ancillary operations, storage, and parking, aside from auto dismantling activity, and scrap metal crushing and shredding, may be conducted outdoors, provided that it is fully contained within the property boundaries and no storage or operation occurs on adjacent public rights-of-way or neighboring properties.

e.

Surfacing. Areas designated for vehicle parking, vehicle circulation, or storage of materials or equipment shall be paved with impervious materials such as an asphalt or an oil and aggregate mixture, use light color pavement, and be maintained to the satisfaction of the Director. Paved areas shall be clustered to maximize pervious area. Alternative paving materials may be permitted to the satisfaction of the Director and Public Works.

i.

All areas of broken concrete or asphalt, including, but not limited to, divots, cracks, potholes, and spalling of concrete or asphalt in the raw material receiving area of a recycling processing facility, or any portion of the facility where waste materials are unloaded and touch the ground outside of an enclosure, shall be patched, repaired, or repaved as necessary to prevent standing water or puddles with a surface area greater than one square foot from accumulating.

f.

Recycling and Solid Waste Storage. Any trash receptacles or storage areas for recycling and solid waste shall meet the requirements set forth in Chapter 22.132 (Storage Enclosure Requirements for Recycling and Solid Waste).

g.

Vehicular Access and On-site Circulation for Cars and Trucks. For new uses, driveway entrances and exits shall be located as far away from sensitive uses as feasible, and on-site vehicular circulation and truck loading and unloading areas, including truck loading docks, shall be located in the rear or on the side of structures, or as far away from the nearest sensitive use as feasible, to the satisfaction of the Director. Queuing and check-in points for trucks must be located on-site and furthest away from any property lines that are closest to any nearby sensitive use, when feasible. In cases of infeasibility for uses subject to a Conditional Use Permit, an additional finding must be made to justify why this may not be possible.

h.

"No Idling" Sign Required. Where loading spaces are provided, the loading area shall include at least one sign stating that vehicle idling shall be limited to five minutes. Graphics related to the vehicle idle limitation are permitted on said sign. Said sign shall be a minimum size of 12 inches wide by 18 inches in height and

shall be prominently displayed and visible from the loading spaces/area. Said sign may contain language such as "5-minute idle limit," "spare the air," "please turn off engine when stopped," or similar language.

i.

Accessory Structures and Utilities. A site that contains an outdoor operation with an office shall permanently affix the building to the ground and provide one toilet that is served by public water and sewer, or otherwise approved by the Director, as well as by Public Health and Public Works.

j.

Perimeter Identification Signs. In addition to the signs permitted by Chapter 22.114 (Signs), and notwithstanding any contrary provisions in Division 10 (Community Standards Districts) in Title 22, each facility or site shall provide a perimeter identification sign that complies with the following:

i.

A perimeter identification sign shall be permanently affixed on a building or wall that is visible, and with text that is legible from the public right-of-way for pedestrians, and no higher than eight feet from the ground measured vertically from the base of the sign. Freestanding signs or portable signs are prohibited as a perimeter identification sign.

ii.

A perimeter identification sign shall have a minimum sign area of four square feet and a maximum of nine square feet. The area for a perimeter identification sign shall not be accounted for in the area permitted for business signs specified in Chapter 22.114 (Signs).

iii.

The perimeter identification sign shall permanently display hours of operation, telephone number of the facility representative, and emergency contact information for reporting any problems which may occur related to the operation of the facility 24 hours a day, seven days a week. The sign shall also include the business name unless the property also contains a separate business sign that is clearly visible from the public right-of-way. The sign shall also include instructions for reporting violations to the Department and Air Quality Management District (AQMD), where a use is also regulated by AQMD. Information for reporting violations shall include the following text, or as updated by the Department or South Coast Air Quality Management District (SCAQMD):

(a)

"To report a violation to the Los Angeles County Department of Regional Planning, call 213-974-6453 Monday—Thursday, 7 a.m. - 6 p.m., dial 2-1-1 at any time or email zoningenforcement@planning.lacounty.gov;" and

(b)

"To report a violation to South Coast Air Quality Management District (SCAQMD), call 1-800-CUTSMOG or visit www.aqmd.gov."

iv.

Multi-tenant buildings or sites may provide one such sign containing the information for all tenants listed in Subsection C.1.iii, above, provided that each tenant has its own business identification sign that is clearly visible from the public right-of-way.

2.

New Development or Proposed Expansions to Existing, Legally- Established Uses Adjacent to or Adjoining Sensitive Uses.

a.

Building setback. A minimum of a 10-foot setback shall be provided along the property lines adjacent to or adjoining sensitive uses. Any proposed additions above the ground floor of existing, legally-established uses adjacent to or adjoining sensitive uses shall also be set back 10 feet from the nearest property line.

b.

Building height. Any new building or structures, or any portion proposed for additions, excluding chimneys, rooftop antennas, roof-mounted solar panels, or other rooftop equipment including HVAC units, air purifiers, etc., shall set back the portion of the building or structure one additional foot for every foot above 35 feet in height, up to a maximum height of 45 feet.

3.

Standards for Specific Uses. In addition to Subsection C.1 and C.2, above, the following standards shall apply to the uses listed below, unless otherwise specified.

a.

Automobile and vehicle repair shops. No open vehicle hood is permitted outside of the building.

b.

New automobile service stations or new CNG fueling stations:

i.

Are exempt from Subsection C.1, above.

ii.

Shall locate the gasoline or fuel dispensing areas at least 50 feet from the nearest sensitive uses.

c.

Warehouses. The following standards apply to new warehouses. The following standards, except for Subsection vi, below, apply to existing warehouses, and shall be met by July 14, 2027.

i.

Utilize electric or alternatively fueled sweepers with HEPA filters.

ii.

Utilize Energy Star heating, cooling, and lighting devices, and appliances.

iii.

Off-road Equipment. All off-road equipment (non-street legal), such as forklifts and other machinery, used on-site for warehouse operations shall be powered by alternative fuels, electrical batteries, or other alternative/non-diesel fuels (e.g., propane) that do not emit diesel particulate matter, and that are zero or low-emission.

iv.

Landscaping Equipment. All landscaping equipment, such as lawn mowers and leaf blowers used on-site shall be electrically powered.

v.

Zero-emission or Near-zero Emission Trucks. Warehouses with a minimum gross floor area of 100,000 square feet in a single building shall comply with AQMD Rule 2305 or current standards.

vi.

New warehouses shall have a minimum 100-foot buffer consisting of office space, employee parking, and/or landscaping between primary operation and lot lines that are closest to nearby sensitive uses.

d.

New drive-through establishments, drive-through facilities, and drive-through services. The following standards shall apply to new drive-through establishments, drive-through facilities, and drive-through services only:

i.

Compliance with the requirements set forth in Subsection C.2.a, above.

ii.

A maintenance plan shall be submitted as part of the Conditional Use Permit application, to the satisfaction of the Director, and the drive-through establishment shall comply with the maintenance plan.

iii.

The location of the drive-through area, including cashier microphone, speakers, and drive-through lane, shall be located at least 20 feet from the property line of any adjoining residentially-zoned lot, and speakers and lighted menus shall be oriented away from such lots.

iv.

Hours of operation for the drive-through area shall be no earlier than 6:00 a.m. and no later than 12:00 a.m.

v.

A buffer, which may include a six-foot solid wall, as depicted on the site plan, shall be provided to reduce noise trespass from the drive-through area to any adjoining residentially-zoned lot.

vi.

The required trash bin shall be enclosed by a decorative wall measuring at least five feet tall, but not more than six feet tall, and shall have solid doors.

D.

Modification.

1.

A modification may be requested through a Minor Conditional Use Permit (Chapter 22.160) application if the use is subject to a Minor Conditional Use Permit or Site Plan Review (Chapter 22.186), or through a Conditional Use Permit (Chapter 22.158) application if the use requires a Conditional Use Permit, for the development standards listed below:

a.

Solid walls (Subsection C.1.a.ii).

b.

Landscaping (Subsection C.1.b.i).

c.

Accessory Structures and Utilities (Subsection C.1.i).

d.

Signs (Subsection C.1.j.ii).

e.

Warehouses (Subsections C.3.c.iii, iv, v, and vi).

2.

When a modification is requested for any development standards listed in Subsection D.1, above, the following findings must be made in addition to the findings required in Subsection B (Additional Findings), above:

a.

Due to topographic or physical features of the site, strict compliance with all the required development standards would substantially and unreasonably interfere with the establishment of the proposed project or continuation of the existing operation on the subject property; and

b.

The requested modification provides alternative means to prevent adverse effects on environment and public health of the community.

E.

Performance Standards for All Permitted and Conditionally Permitted Uses Subject to This Chapter.

1.

Hours of Outdoor Operation. No outdoor operation or activities shall be conducted between 6:00 p.m. and 8:00 a.m., daily, with the exception of truck loading and unloading into an enclosed building only.

2.

Storage of Materials and Waste. All materials or waste shall be stored in designated receptacles, bins, or pallets, and located on a paved impermeable surface on site, or within an enclosed building.

3.

Site Maintenance. Other than for the collection or receipt of items related to the principal use, exterior areas of the premises shall be maintained free of garbage, trash, debris, or junk and salvage except as stored in designated trash collection containers and enclosures.

F.

Fees. When a Conditional Use Permit (Chapter 22.158) is required, fees may be assessed to offset the costs associated with the project mitigation, enforcement activities, operational impact mitigation studies, community benefit programs, and other costs related to the Project's impacts on the surrounding communities.

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

22.84.050 - Schedule for Compliance for Existing, Legally-Established Uses.

A.

Except as specified otherwise, existing, legally-established uses that are not listed in Section 22.84.030 (Prohibited Uses) shall be brought into compliance with all applicable requirements of this Chapter according to the schedule identified in Table 22.84.050-A, below. The number of years to comply shall be accounted from July 14, 2022. Requests to further delay the required permit attainment or improvements in accordance with all applicable development or performance standards shall not be accepted.

TABLE 22.84.050-A: SCHEDULE FOR COMPLIANCE FOR EXISTING, LEGALLY-ESTABLISHED USES UP TO 500 FEET FROM A SENSITIVE USE[1]

1.

Existing uses that are entirely or partially within a 100-foot radius of a lot containing a sensitive use in a permitted zone and:

a.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.1.b (Landscaping on Street Frontage) or C.1.j (Perimeter Identification Signs) of Section 22.84.040, only and no other improvements required, three years;

b.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for any one or combination of the requirements specified in Subsections C.1.a through C.1.j of Section 22.84.040, except Subsection C.1.b (Landscaping on Street Frontage) or C.1.j (Perimeter Identification Signs) alone or in combination, and except for Subsection C.1.d (Enclosures), five years;

c.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.3.c (Warehouses) of Section 22.84.040, five years;

d.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.1.d (Enclosures) only, or Subsection C.1.d along with any other requirements of Section 22.84.040, seven years;

e.

Subject to a Conditional Use Permit (Chapter 22.158), pursuant to this Chapter for the requirements specified in Subsections C.1.a (Solid Walls), C.1.b (Landscaping on Street Frontage), C.1.j (Perimeter Identification Signs), or C.3.c (Warehouses) only, of Section 22.84.040, five years; or

f.

Subject to a Conditional Use Permit (Chapter 22.158), pursuant to this Chapter for all other requirements, seven years.

2.

Existing uses that are entirely or partially located between a 101-foot radius and a 500-foot radius of any lot containing a sensitive use and:

a.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsections C.1.a through C.1.j, except for C.1.d (Enclosures) or subject to Subsection C.3.c (Warehouses) of Section 22.84.040, five years;

b.

Subject to a Ministerial Site Plan (Chapter 22.186), pursuant to this Chapter for the requirements specified in Subsection C.1.d (Enclosures) along with or without any other requirements of Section 22.84.040, seven years; or

c.

Subject to a Conditional Use Permit (Chapter 22.158), pursuant to this Chapter, seven years. Uses that are subject to a Conditional Use Permit, pursuant to this Chapter shall be brought into full compliance with all applicable requirements of this Chapter, no later than July 14, 2029, or cease operations.

3.

Compliance shall be defined solely for this Chapter as the required permit is attained, the required improvements are constructed or installed, or the site is maintained and operated in accordance with all applicable development or performance standards of this Chapter within the timeframe identified in Table 22.84.050-A, above. For properties subject to multiple compliance years for improvements, the longest timeline shall apply to all improvements, including compliance with all applicable performance standards.

B.

Notwithstanding any contrary provisions in this Section, if an existing use not listed in Section 22.84.030 (Prohibited Uses) was established by a discretionary permit valid on or after July 14, 2022:

1.

If the discretionary permit contains a grant term, full compliance with all applicable development or performance standards of this Chapter, including any site improvements, shall be required at the end of the grant term when renewal of the permit or a new discretionary permit is required; or

2.

If the discretionary permit does not contain a grant term, full compliance with all applicable development or performance standards of this Chapter, including any site improvements, shall be required by July 14, 2042, when renewal of the permit or a new discretionary permit is required.

C.

Nonconforming Uses.

1.

Time Limits.

a.

Nonconforming uses pursuant to Section 22.84.030 (Prohibited Uses) shall be subject to the time limits in Section 22.172.050.B.3 (Green Zone).

b.

If a use listed in Subsections A.1, A.2, or A.3 of Section 22.84.020 is nonconforming due to the prohibition in the basic zone, the use shall be subject to the time limits in Section 22.172.050.B.3 (Green Zone), even if it is not prohibited, pursuant to Section 22.84.030 (Prohibited Uses).

2.

Maintenance and Operation. Nonconforming uses described in Subsection C.1, above, shall be maintained and operated pursuant to Section 22.172.020.I (Maintenance and Operation of Nonconforming Uses in Green Zone).

(Ord. 2024-0028 § 8, 2024; Ord. 2022-0023 § 25, 2022.)

Division 5 - SPECIAL MANAGEMENT AREAS Chapter 22.102 - SIGNIFICANT ECOLOGICAL AREAS

This Chapter establishes regulations to conserve the unique biological and physical diversity of the natural communities found within SEAs by requiring development to be designed to avoid and minimize impacts to SEA Resources. These requirements will help ensure the long-term survival of the SEAs and their connectivity to regional natural resources. This Chapter regulates development within SEAs by:

A.

Protecting the biodiversity, unique resources, and geological formations contained in SEAs from incompatible development, as specified in the Conservation and Natural Resources Element of the General Plan;

B.

Ensuring that projects reduce the effects of habitat fragmentation and edge effects by providing additional technical review of existing resources, potential impacts, and required mitigations;

C.

Ensuring that development within a SEA conserves biological diversity, habitat quality, and connectivity to sustain species populations and their ecosystem functions into the future; and

D.

Directing development to be designed in a manner that considers and avoids impacts to SEA resources within the Los Angeles County region.

(Ord. 2019-0072 § 2, 2019.)

22.102.020 - Definitions.

For purposes of this Chapter, see Section 22.14 - Significant Ecological Areas.

(Ord. 2019-0072 § 2, 2019.)

22.102.030 - Applicability.

A.

Applications submitted on or after the effective date of this ordinance are subject to the regulations herein. Pending projects with a complete application prior to the date of applicability for this Chapter may choose to comply with the SEA Ordinance applicable at the time of a complete application submittal or the current SEA regulations.

B.

This Chapter applies to all activities that meet the definition of development herein where occurring within all areas designated as SEA in the General Plan and related maps.

C.

Where a provision of the zone, supplemental district, or anywhere else in this Title 22 regulates the same matter as this Chapter, the provision more protective of biological resources shall apply.

D.

Until such time as the Santa Catalina Island Local Coastal Program ("LCP") is amended, development within SEAs, as mapped in the LCP, shall be regulated by the version of the SEA Ordinance in effect prior to the effective date of this Chapter 22.102.

E.

Development occurring within SEAs in the boundaries of the Santa Monica Mountains North Area ("SMMNA") Plan shall be regulated by the SMMNA Community Standards District ("CSD"). Where the SMMNA CSD is silent on development impacts on SEAs, it shall defer to this Chapter 22.102. Applications submitted prior to the effective date of the SMMNA CSD shall be regulated by the version of the SEA Ordinance in effect prior to the effective date of this Chapter 22.102.

(Ord. 2021-0021 § 1, 2021; Ord. 2019-0072 § 2, 2019.)

The following developments are exempt from the regulations of this Chapter. Development that does not qualify for any of the exemptions listed below is subject to the regulations of this Chapter.

A.

Except as otherwise specified in a Community Standards District ("CSD"), within the boundaries of the Antelope Valley Area Plan:

1.

Construction of a new single-family residence, regardless of size;

2.

Improvements accessory to a single-family residence, regardless of size:

a.

Additions to an existing single-family residence;

b.

Landscaping;

c.

New accessory structures;

d.

Additions to existing accessory structures; or

e.

New or expanded animal keeping areas and facilities.

3.

Agricultural uses on all previously disturbed farmland as defined by Section 22.102.020 (Definitions).

B.

In all areas outside the boundaries of the Antelope Valley Area Plan, the following additions or modifications, as long as such addition or modification does not increase the total building site area to more than 20,000 square feet and encroach into more than 10 percent of the dripline for up to four SEA protected trees:

1.

Additions or modifications to existing single-family residences;

2.

Accessory structures associated with single-family residences;

3.

Animal containment facilities; or

4.

A maximum of one accessory animal living quarter less than 120 square feet and located no more than 100 feet from the primary use.

C.

Maintenance, minor additions, or changes to existing legally established development, if:

1.

Maintenance, additions, or changes do not expand the previously approved development footprint; or

2.

Maintenance, additions, or changes are operating under a valid use permit and found to be in substantial compliance with such permit.

D.

Development requiring renewal of previously approved discretionary permits, if:

1.

The previously approved development footprint is not expanded; and

2.

Impacts to biological resources were reviewed under the prior permit.

E.

Renewal of previously approved discretionary permits located within the adopted expanded SEA boundaries, if:

1.

The previously approved development footprint is not expanded; and

2.

Impacts to biological resources were reviewed under the prior permit.

F.

Any development regulated by an adopted Specific Plan, provided that such development complies with the applicable provisions of the Specific Plan and can demonstrate, to the satisfaction of the Director, that the development received adequate review of biological resources and impacts to them.

G.

The rebuilding and replacement of legally built structures which have been damaged or partially destroyed and will not increase the previously existing development footprint.

H.

Land divisions for the purposes of the California Land Conservation Act of 1965 commonly referred to as the Williamson Act.

I.

Legally required fuel modification and brush clearance activities with the exception of tilling and discing, as approved by the Fire Department, associated with existing legal structures for the purpose of fire protection.

J.

Periodic reviews established in Section 22.190.080 (Reclamation Plan) for previously approved surface mining permits and reclamation plans authorized to operate under Chapter 22.190 (Surface Mining Permits) provided that such periodic review is conducted during the life of that grant, does not include proposed changes that would result in expanded development, and is consistent with valid permits.

K.

Development activity necessary for the repair or maintenance of existing legally established driveways, streets, and highways, provided that it does not increase the existing development footprint or impact drainages or streams.

L.

Development where the only impact to SEA Resources involves trees planted, as required per Titles 21 and 22, Low Impact Development per Title 12, or Green Building requirements per Title 31.

M.

Emergency removal of any tree listed on the SEA Protected Tree List maintained by the Department, due to a hazardous or dangerous condition, or being irretrievably damaged or destroyed through flood, fire, wind, lightning, drought, pests, or disease, as determined after visual inspection by a Forester with the Fire Department in consultation with a County Biologist.

N.

Tree maintenance, limited to removal of dead wood and pruning of branches not to exceed two inches in diameter and 25 percent of live foliage within a two-year period, intended to ensure the continued health of a SEA 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, as determined by the County Biologist or Forester with the Fire Department, a Protected Tree Permit per Section 22.102.070 (Protected Tree Permit) or SEA Conditional Use Permit ("SEA CUP") per Section 22.102.080 (SEA Conditional Use Permit) may be required.

O.

Emergency or routine maintenance by a public utility necessary to protect or maintain essential components of an existing utility or transmission system.

P.

Voluntarily planted trees that qualify for protection under the definition of SEA Protected Tree, but can be demonstrated to have been planted by a person for the purposes of affecting the architecture, climate, or aesthetics of a given place and are, therefore, considered landscape features. Documentation of the planting shall be required prior to the subsequent removal or other alteration of those voluntarily planted trees. Trees planted as mitigation do not qualify for this exemption.

Q.

Temporary housing, in accordance with Chapter 22.252 (Woolsey Fire Disaster Recovery), Chapter 22.254 (Lake and Bobcat Fires Disaster Recovery), Chapter 22.256 (Disaster Recovery), Chapter 22.258 (Temporary Housing After a Disaster), or Section 22.336.070.O (Rebuilding after Disaster).

(Ord. 2023-0025 § 2, 2023; Ord. 2022-0004 § 1, 2022; Ord. 2019-0072 § 2, 2019.)

Prior to the submittal of an application for activities involving development within a SEA, a preliminary review of proposed development activities and consideration of the associated impacts on SEA Resources shall occur through a SEA Counseling meeting, unless waived at the discretion of the Director.

A.

Application Materials. The applicant shall submit the following:

SEA Counseling Application and applicable fees;

2.

Biological Constraints Map ("BCM"); and

3.

Conceptual Project Design.

B.

Recommendation. The Director shall recommend at the SEA Counseling meeting one of the following:

1.

Because the conceptual project demonstrates the ability to comply with Section 22.102.090 (SEA Development Standards), only a Ministerial SEA Review shall be required per Section 22.102.060 (Ministerial SEA Review);

2.

Because the conceptual project demonstrates the ability to comply with Section 22.102.090 (SEA Development Standards) with the exception of Subsection 22.102.090.B (SEA Protected Trees), a Ministerial SEA Review and Protected Tree Permit shall be required per Sections 22.102.060 (Ministerial SEA Review) and 22.102.070 (Protected Tree Permit); or

3.

Because the conceptual project does not demonstrate the ability to comply with Section 22.102.090 (SEA Development Standards), an SEA CUP shall be required per Section 22.102.080 (SEA Conditional Use Permit).

(Ord. 2019-0072 § 2, 2019.)

A.

Review Procedures. The Ministerial SEA Review shall be a biological review, conducted by the County Biologist, to accompany the review process for the use permit required by the underlying zone and other provisions of this Title 22. A Ministerial SEA Review shall be required for any development to determine compliance with the following:

1.

The total building site area shall be no more than 20,000 square feet;

2.

Development is consistent with Section 22.102.090 (SEA Development Standards); and

3.

Natural open space preservation is provided in compliance with Section 22.102.100 (Natural Open Space Preservation).

B.

Application Materials. In addition to the required application materials for the appropriate use permit, the following materials shall be submitted for the Ministerial SEA Review:

1.

Site Plan. A site plan identifying:

a.

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

b.

Grading activity location, description, and quantities identified by cut, fill, import, export, and natural grade;

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 or 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; and

e.

On-site natural open space preservation, as applicable.

2.

A Biological Constraints Map (BCM).

3.

Natural Open Space Recordation documentation per Section 22.102.100 (Natural Open Space Preservation) with an attached exhibit identifying the required preserved natural open space area.

C.

Additional Review.

1.

Site Visit. A site visit by the County Biologist may be deemed necessary by the Director to adequately determine compliance with Sections 22.102.090 (SEA Development Standards) and 22.102.100 (Natural Open Space Preservation).

(Ord. 2019-0072 § 2, 2019.)

Trees serve a significant role in the SEAs by providing habitat and ecosystem services. The intent of the following tree protection regulations is to encourage the responsible management of trees in the SEAs.

A.

Permit Required. A Protected Tree Permit shall be required for development that complies with Section 22.102.090 (SEA Development Standards) with the exception of Subsection 22.102.090.B (SEA Protected Trees), and which includes any of the following impacts:

1.

Pruning or trimming of branches of SEA Protected Trees in excess of two inches in diameter or 25 percent of live foliage for one or more trees;

2.

Encroachments of up to 30 percent into a SEA Protected Tree's protected zone. Any encroachment of more than 30 percent into the protected zone of a tree shall be considered as a tree removal, as described in Subsection A.3 below;

3.

Removal of up to two SEA Protected Trees that are not designated as Heritage Trees; or

4.

Tree relocation poses significant risk to the health or survival rate of a tree. Any relocation of a SEA Protected Tree shall, therefore, be processed as a removal, as described in Subsection A.3 above.

B.

A SEA CUP shall be required per Section 22.102.080 (SEA Conditional Use Permit) for the following impacts:

1.

Removal of more than two SEA Protected Trees; or

2.

Removal of any SEA Protected Tree designated as a Heritage Tree.

C.

Application Materials. The following materials shall be submitted for the Protected Tree Permit:

1.

Application materials for Type II Review in compliance with Chapter 22.228 (Type II Review - Discretionary);

2.

Protected Tree Report prepared by an arborist or a resource specialist, which shall include the following:

a.

Associated tree survey map;

b.

Descriptions and locations of all existing SEA Protected Trees on the subject property and impacted SEA Protected Tree(s) adjacent to the subject property;

c.

Existing health and potential impacts of development of each SEA Protected Tree;

d.

Identification of all proposed SEA Protected Tree removals and encroachments; and

e.

Recommendations for avoiding, minimizing, and/or mitigating SEA Protected Tree impacts.

3.

Oak tree species may require additional application materials, as stated in Chapter 22.174 (Oak Tree Permits).

D.

Burden of Proof. In addition to the materials required per Subsection 22.102.070.C (Application Materials), the application shall substantiate to the satisfaction of the Commission or Hearing Officer the following facts:

1.

That any proposed construction will be accomplished without endangering the health of the remaining SEA Protected Tree(s), if any, on the property; and

That the removal or encroachment of the SEA Protected Tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters that cannot be satisfactorily mitigated.

E.

Findings. A Protected Tree Permit may be approved only if the action proposed will not be contrary to, or be in substantial conflict with, the intent and purpose of the Protected Tree Permit procedures and the following findings are made:

1.

That the proposed impacts to SEA Protected Tree(s) will be mitigated in compliance with Subsection 22.102.070.F (Mitigation); and

2.

One or more of the findings below:

a.

That the required action is necessary to allow reasonable economic or other enjoyment of the property, and there is no other feasible design alternative that would avoid impact to the SEA Protected Tree(s);

b.

That the SEA Protected Tree(s) proposed for removal, encroachment, or pruning interferes with utility services or streets and highways, either within or outside of the subject property, and no reasonable alternative to such interference exists, other than removal of the SEA Protected Tree(s); or

c.

That the condition of the SEA Protected Tree(s) proposed for removal, encroachment, or pruning due to disease, danger, or falling is such that it cannot be remedied through reasonable preservation practices.

F.

Mitigation.

1.

Mitigation Ratios. Impacts to SEA Protected Trees shall be mitigated per the mitigation ratios in Table 22.102.070-A.

SEA CUP required

Removal of Heritage Tree

2.

Where pruning or trimming of SEA Protected Trees exceeds 25 percent of live foliage or involves cutting of branches greater than two inches in diameter, each affected tree shall be monitored for a period of not less than seven years, with monitoring visits conducted by the County Biologist or Forester with the Fire Department occurring in years two, four, and seven. Should any of these trees be lost or suffer unacceptable decline of health or vigor as a result of the pruning, the applicant shall mitigate the impacts at a 2:1 replacement ratio per Subsection F.4 below.

3.

Where development encroaches up to 30 percent of the protected zone of SEA Protected Trees, each affected tree shall be monitored for a period of not less than seven years, with monitoring visits conducted by the County Biologist or Forester with the Fire Department occurring in years two, four, and seven. Should any of these trees be lost or suffer unacceptable decline of health or vigor as a result of the proposed development, the applicant shall mitigate the impacts at a 2:1 replacement ratio per Subsection F.4 below.

4.

Required replacement trees shall consist exclusively of native trees of the same species being removed, and shall be in the ratio required in Table 22.102.070-A. Each replacement tree shall be monitored by the County Biologist or Forester with the Fire Department for a period of not less than seven years, with monitoring visits in years two, four, and seven. Replacement trees shall be properly cared for and maintained during the full monitoring period, and shall be replaced by the applicant or permittee, should any of these trees be lost or suffer unacceptable decline of health or vigor, at the end of the monitoring period.

5.

Protected Tree Fund. If replacement on the project site of SEA Protected Trees proposed for encroachment or removal is inappropriate, a Forester with the Fire Department or County Biologist may recommend that the applicant pay into the Protected Tree Fund the amount equivalent to the resource value of the trees described in the Protected Tree Report. The resource value shall be calculated by the applicant and approved by a Forester with the Fire Department or County Biologist according to the most current edition of the International Society of Arboriculture's "Guide for Plant Appraisal."

a.

Funds collected shall be used for the following purposes:

i.

Establishing and planting native trees on public lands;

ii.

Maintaining existing native trees on public lands;

iii.

Purchasing native tree woodlands;

iv.

Purchasing sensitive native trees of ecological, cultural, or historic significance; or

v.

Outreach and educational programs to promote woodland establishment and protection.

b.

Not more than 20 percent of the funds collected may be used for outreach and educational programs, for accomplishing the purposes described in Subsection F.5.a above.

G.

Noticing and Public Hearing. Noticing and public hearing procedures for a Protected Tree Permit shall be consistent with the requirements of Type II Review stated in Division 9.

H.

Enforcement. In interpreting the provisions of Section 22.102.070 (Protected Tree Permit) as applied to this Chapter, each individual tree cut, destroyed, removed, relocated, or damaged in violation of these provisions shall be deemed a separate offense.

(Ord. 2019-0072 § 2, 2019.)

A.

Permit Required. A discretionary SEA CUP application shall be required for development that cannot demonstrate compliance with Section 22.102.070 (Protected Tree Permit), or Sections 22.102.090 (SEA Development Standards) and 22.102.100 (Natural Open Space Preservation).

B.

Application Materials. An application for a SEA CUP shall be filed and processed in compliance with Chapter 22.230 (Type III Review - Discretionary).

1.

In addition to the application materials listed in Subsection 22.102.060.B (Application Materials), the applicant shall submit the following to the satisfaction of the Director in consultation with the County

Biologist:

a.

Biological Constraints Analysis (BCA);

b.

Biota Report; and

c.

Additional materials and information that may be deemed necessary by the Director, County Biologist, or SEATAC to adequately evaluate the application.

2.

The Director may waive one or more of the items in this Subsection B when deemed unnecessary to process the application.

C.

Additional Review.

1.

Site Visit. Site visit(s) by the County Biologist may be deemed necessary by the Director to adequately evaluate the impacts to SEA Resources.

2.

SEATAC Review. Prior to a public hearing, a SEA CUP application shall be required to undergo review by the SEATAC, unless waived by the Director. The scope of the SEATAC review shall be consistent with Section 22.102.150 (Significant Ecological Areas Technical Advisory Committee).

3.

Director's Report. The Director shall provide the following analyses and recommendations as part of the public hearing staff report:

a.

Evaluation of the proposed development and impacts to SEA Resources;

b.

Evaluation of the SEA Resources contained within and adjacent to the project site;

c.

Evaluation of the cumulative losses to the SEA Resources resulting from proposed and prior project development activity;

d.

Appraisal of measures proposed to avoid, mitigate, or protect the identified impacts to resources contained within the SEA;

e.

Evaluation of whether the project, as proposed, is consistent with Subsection 22.102.080.D (Findings);

f.

Recommended changes, if any, to the proposed development necessary or desirable to achieve compliance with Section 22.102.090 (SEA Development Standards) and consistent with Subsection 22.102.080.D (Findings), and relevant goals and policies of the General Plan;

g.

Recommended conditions, if any, to be imposed to ensure that the proposed development will be consistent with Subsection 22.102.080.D (Findings) and relevant goals and policies of the General Plan;

h.

SEATAC's determination of project compatibility and applicable recommendations; and

i.

Any relevant information as deemed necessary by the Director or County Biologist.

D.

Findings. The Commission or Hearing Officer shall approve an application for a SEA CUP, if the Commission or Hearing Officer finds that the application substantiates, in addition to those required by Section 22.158.050 (Findings and Decisions), the following findings:

1.

The proposed development is highly compatible with the SEA Resources, including the preservation of natural open space areas and providing for the long-term maintenance of ecosystem functions;

2.

The proposed development avoids or minimizes impacts to the SEA Resources and wildlife movement through one or more of the following:

a.

Avoiding habitat fragmentation;

b.

Minimizing edge effects; or

c.

Siting development in the least sensitive location.

3.

Important habitat areas are adequately buffered from development by retaining sufficient natural vegetation cover and/or natural open spaces and integrating sensitive design features;

4.

The proposed development maintains ecological and hydrological functions of water bodies, watercourses, and their tributaries;

5.

The proposed development ensures that roads, access roads, driveways, and utilities do not conflict with Priority Biological Resources, habitat areas, migratory paths, or wildlife corridors; and

6.

The proposed development promotes the resiliency of the SEA to the greatest extent possible. For purposes of this finding, SEA resiliency is not promoted when the proposed development may cause any of the following:

a.

Significant unmitigated loss of contiguity or connectivity of the SEA;

b.

Significant unmitigated impact to a Priority Biological Resource;

c.

Removal of habitat that is the only known location of a new or rediscovered species; and/or

d.

Other factors as identified by SEATAC.

(Ord. 2019-0072 § 2, 2019.)

All new development in SEAs shall avoid or minimize impacts to SEA resources, habitat linkages, and wildlife corridors in accordance with this Section:

A.

SEA Resource Categories. The following are disturbance thresholds and on-site natural open space preservation requirements organized by SEA Resource Category. SEA Resource preservation shall be provided on-site, in accordance with Section 22.102.100 (Natural Open Space Preservation) within this Chapter.

1.

SEA Resource Category 1. No amount shall be disturbed.

2.

SEA Resource Category 2.

a.

Disturbances shall not exceed 500 square feet and shall preserve at least two times the disturbed area of the same type of SEA Resource.

b.

Development shall not result in abandonment or failure of any den, burrow, roost, nest, or special habitat feature utilized by animals included in SEA Resource Category 2.

3.

SEA Resource Category 3.

a.

Disturbances not exceeding 500 square feet shall preserve an amount equal to the disturbed area of the same type of SEA Resource.

b.

Disturbances that exceed 500 square feet shall preserve at least two times the disturbed area of the same type of SEA Resource.

4.

SEA Resource Category 4.

a.

Disturbances that exceed 5,000 square feet shall preserve an amount equal to the disturbed area of the same type of SEA Resource.

b.

Disturbance of more than 10 individual rare plants in this category shall preserve an equal number of the same species of rare plants.

B.

SEA Protected Trees.

1.

A minimum five-foot setback from the dripline or 15-foot setback from the trunk, whichever is greater, of a SEA Protected Tree shall be required.

2.

Encroachment into no more than 10 percent of the protected zone of up to four SEA Protected Trees listed in the SEA Protected Tree List maintained by the Department may be permitted.

3.

Removal of one SEA Protected Tree that is not designated as a Heritage Tree may be permitted.

C.

Water Resources. All development, inclusive of fuel modification/brush clearance, is subject to the following setbacks from a water resource per Table 22.102.090-A.

D.

Other Development Standards.

Wildlife-Impermeable Fencing, Wall, or Enclosure. Wildlife-impermeable fencing, walls, and enclosures shall be permitted within the building site area. One impermeable enclosure for the purpose of protecting livestock or companion animals shall be permitted within the development footprint.

2.

Wildlife-Permeable Fencing. When needed to delineate lot boundaries or to section off development features, such as streets, trails, driveways, active recreation areas, or animals keeping structures, wildlifepermeable fencing shall be used outside of the building site area. Wildlife-permeable fencing shall be designed as follows:

a.

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

b.

The bottom edge of the lowest horizontal element shall be no closer than 18 inches from the ground; and

c.

Except where a different height is required per Title 21 or 22, the top edge of the topmost horizontal element shall be no higher than 42 inches from the ground.

3.

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

4.

Window Reflectivity. All windows shall be comprised of non-glare/non-reflective glass or utilize methods to achieve non-reflectivity.

5.

Outdoor Lighting. Outdoor lighting in all SEAs shall be provided in accordance with applicable provisions of Chapter 22.80 (Rural Outdoor Lighting District) and shall be directed to avoid light trespass upwards into the night sky and onto natural habitat areas.

6.

Natural Open Space Buffer. Habitable structures shall be set back at least 200 feet from existing and proposed natural open space located within the project site lot(s) or natural open space recorded on adjacent lots, unless the Fire Department approves a modified distance specified in an approved fuel modification plan.

7.

Landscaping and Fuel Modification. Landscape plans shall be submitted with an application for new development that include all cut and fill slopes, areas disturbed by the proposed construction activities, required fuel modification or brush clearance, and any proposed restoration area(s).

a.

All new development shall minimize removal of natural vegetation to minimize erosion and sedimentation, impacts to scenic resources, and impacts to biological resources.

b.

All cut and fill slopes and other areas disturbed by construction activities shall be landscaped or revegetated.

c.

Plantings within the building site area and Fuel Modification Zones A and B shall consist of a mix of locally indigenous, drought-tolerant plant species and non-invasive, drought-tolerant ornamental plants and gardens with associated irrigation.

d.

Fuel Modification Zone C shall consist of thinning the density of existing native vegetation. Should additional planting be needed in Zone C or outside of fuel modification areas, the plant palette shall consist entirely of locally indigenous, drought-tolerant plant species that blend with the existing natural vegetation and habitats on the site.

e.

All vegetative species utilized in landscaping shall be consistent with Fire Department requirements, and all efforts shall be made to conserve water.

f.

Plants listed on the Invasive Species list maintained by the Department shall be prohibited in all proposed landscaped and restoration areas.

g.

Tilling and discing shall be prohibited for fuel modification and brush clearance activities in all Fuel Modification Zones.

8.

Natural Open Space. Driveways, streets, roads, or highways shall not be placed within required natural open space areas.

E.

Land Use-Specific Development Standards.

Crops.

a.

Crops as an accessory use shall consist of non-invasive species and shall be located entirely within required Fuel Modification Zone B.

b.

Crops as a primary use shall consist of non-invasive species and shall be located entirely within SEA Resource Category 5.

2.

Exploratory Testing.

a.

Permitted use. Exploratory testing as a primary or accessory use shall be permitted and shall comply with the following:

i.

Access for exploratory testing shall consist of existing roads, previously graded or disturbed areas, or use track-mounted drill rigs.

ii.

Vegetation removal activities shall be conducted in a manner that protects existing vegetative rootstock.

iii.

Any exploratory testing accessory to a primary use, where such primary use development is exempt from this Chapter per Section 22.102.040 (Exemptions), shall herein be exempt from this development standard.

iv.

A Restoration Plan shall be required at the time of application submittal.

b.

Exploratory Testing Stabilization. Within 90 days from completion of exploratory testing, areas of disturbance resulting from exploratory testing shall be stabilized with temporary erosion control measures and seeded with locally indigenous species to prevent erosion and instability.

c.

Exploratory Testing Restoration. Full restoration of areas of disturbances resulting from exploratory testing shall be conducted as follows:

i.

Where a subsequent project is withdrawn, denied, or determined to be infeasible, or exploratory testing areas are found to be unusable, restoration of the disturbed area shall commence within one year of withdrawal, denial, or determination of infeasibility.

ii.

Where a subsequent project is approved, the exploratory testing locations outside of the approved building site area shall be restored, with restoration commencing within one year of disturbance.

iii.

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

3.

Land Divisions. All land division projects shall be required to preserve at least 75 percent of the original undivided parcels as natural open space and shall not exceed a maximum development footprint of 25 percent of the original undivided parcels. Development areas shall be designed in one contiguous location and result in the largest, intact blocks of habitat with the lowest perimeter to area ratio, to the maximum extent feasible.

a.

Large Lot Parcel Map. Large lot parcel maps for sale, lease, financing, or transfer purposes, shall demonstrate that all resulting parcels have reasonable potential for future development that meets Section 22.102.090 (SEA Development Standards), (e.g., adequate areas of SEA Resource Categories 4 and/or 5, setback from water resources, 75 percent open space, and clustered development) based on the original undivided parcels.

(Ord. 2019-0072 § 2, 2019.)

This Section sets forth the preservation and recordation requirements for natural open space when required by this Chapter, either in compliance with Section 22.102.090 (SEA Development Standards) or to offset impacts to SEA Resources through a SEA CUP.

A.

Natural Open Space Requirements. Development within a SEA shall preserve natural open space as follows:

Ministerial SEA Review. Provide on-site as required per Section 22.102.090 (SEA Development Standards);

or

2.

SEA CUP. Provide on-site or off-site per Subsection D.2 (Natural Open Space Preservation Mechanisms), as approved by the Commission or Hearing Officer.

a.

For land division projects, at least 75 percent of the original undivided parcels shall be preserved as required natural open space.

3.

Natural open space recordation shall occur prior to any grading, removal of vegetation, construction, or occupancy, consistent with State law conservation easement requirements.

B.

Natural Open Space Configuration.

1.

Preserved natural open space shall be configured into one contiguous area, to the maximum extent

feasible, unless the County Biologist determines that multiple, non-contiguous areas is the environmentally superior configuration.

2.

Preserved natural open space areas shall be contiguous with other natural open space areas on adjoining lots, to the maximum extent feasible.

3.

Driveways, streets, roads, or highways shall be prohibited in natural open space area(s), unless the Commission or Hearing Officer finds it necessary to ensure adequate circulation or access. Such driveways, streets, roads, or highways shall not be counted as a portion of the total required natural open space provided, and shall include any necessary wildlife crossings and/or other features necessary to avoid biological impacts.

C.

Natural Open Space Use. Preserved natural open space required by this Chapter shall be maintained in its natural undeveloped condition. There shall be no removal of trees, or vegetation, or other disturbance of natural features, with the following exceptions, as deemed appropriate by the Director prior to the disturbance:

Disease control and/or control of non-native plants;

2.

Habitat restoration;

3.

Paths constructed and maintained to minimize environmental impact to the area;

4.

Wildlife-permeable fences constructed and maintained to minimize environmental impact to the area;

5.

Fire protection, when determined by the County Biologist to be compatible with the SEA Resources being preserved; or

6.

Activities to maintain a specific habitat condition, including animal grazing, when recommended by the County Biologist and accompanied by an approved management plan.

D.

Natural Open Space Preservation Mechanisms.

1.

Ministerial SEA Review. Development that complies with Section 22.102.090 (SEA Development Standards) shall provide required natural open space preservation on-site through a permanent deed restriction or a covenant between the County and the property owner.

2.

SEA CUP. Development not in compliance with Section 22.102.090 (SEA Development Standards) shall provide required natural open space preservation, within or contiguous with the same SEA, through one or more of the following, listed in the order of County preference:

a.

Dedication of land for the purpose of natural open space preservation to:

i.

An accredited land trust that meets the qualifications of non-profits requesting to hold mitigation land pursuant to Section 65965, et seq. of the California Government Code; or

ii.

A government entity, such as the County, State, or federal government, or a city, district, or joint powers authority for the purpose of natural open space preservation;

b.

Conservation or mitigation bank;

c.

A conservation easement recorded with the Registrar-Recorder/County Clerk as an irrevocable offer to dedicate, or equivalent instrument that requires the natural open space to remain in perpetuity and extinguishes all future development rights;

d.

Permanent on-site deed restriction;

e.

Covenant between County and property owner; or

f.

Conservation in-lieu fees.

(Ord. 2019-0072 § 2, 2019.)

22.102.110 - Enforcement.

A.

Any activity defined as development in the SEAs, which occurs prior to receiving an approved permit, is prohibited.

B.

Unpermitted disturbed areas shall be stabilized with temporary erosion control measures and temporarily seeded with locally indigenous species within 30 days of issuance of a Notice of Violation, as directed by the County Biologist.

C.

Restoration Permit. If a permit is not obtained per Sections 22.102.060 (Ministerial SEA Review), 22.102.070 (Protected Tree Permit), or 22.102.080 (SEA Conditional Use Permit), or restoration of disturbed exploratory testing area is not completed per Section 22.102.090.E.2 (Exploratory Testing), a Restoration Permit shall be required.

1.

Application Materials.

a.

Application materials for Type II Review; and

b.

Restoration Plan.

2.

Findings. The Commission or Hearing Officer shall approve an application for a Restoration Permit in a SEA, if the Commission or Hearing Officer finds that the application substantiates the following findings:

a.

The restoration corresponds with the SEA Resources, habitats, and ecosystem services that were degraded by the unpermitted development;

b.

The restoration will create and enhance biologically functional habitats;

c.

The restoration resolves any violations of unpermitted development; and

d.

The restoration is consistent with Section 22.102.010 (Purpose) and Subsection 22.102.080.D (Findings).

3.

Noticing and Public Hearing. Noticing and public hearing procedures for a Restoration Permit shall be consistent with the requirements of Type II Review stated in Division 9.

D.

When a Notice of Violation has been issued by the Department, 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 SEA CUP per Section 22.102.080 (SEA 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 or permit revocation on the property. The Director shall record such five-year ban with the Registrar-Recorder/County Clerk. The five-year period shall commence from the date of such recordation.

(Ord. 2019-0072 § 2, 2019.)

A.

Filing Fees. Fees and deposits shall be in compliance with Section 22.222.080 (Fees and Deposit).

B.

SEA Counseling Fee. The SEA Counseling Fee shall cover up to two SEA Counseling meetings.

C.

SEATAC Review Fee. Development subject to SEATAC Review shall require an additional filing fee per Section 22.222.080 (Fees and Deposit), subject to the following:

1.

The SEATAC Review Fee shall cover up to three SEATAC meetings. Additional review meetings by SEATAC shall require a new fee.

2.

The SEATAC Review Fee may be refunded, if a written request is received from the applicant prior to the scheduling of the first SEATAC meeting, and if the development is re-designed to meet standards outlined in Section 22.102.090 (SEA Development Standards).

(Ord. 2019-0072 § 2, 2019.)

County projects proposing development in a SEA shall submit an application for a review by the Department. County projects and maintenance activities performed as a result of emergency or hazard management shall be documented. The documentation shall be provided to the Department for a determination of the applicability of this Chapter. Emergency or hazard management activities include any activity required, requested, authorized, or permitted by a local, State, or federal agency, in response to an emergency.

A.

Information Required. Prior to the start of the project, the lead County Department shall provide the following:

1.

Project scope of work;

2.

Location map;

3.

Environmental documents, if applicable; and

Regulatory permit requirements, if applicable.

B.

Review.

1.

Initial Review. The County Biologist shall review the project.

2.

SEATAC Review. The County Biologist may determine that SEATAC review is necessary, based on the project proposal.

C.

Recommendation. The County Biologist and SEATAC, as necessary, may submit a report to the lead County Department that includes recommendations on the project design and compatibility with Subsection 22.102.080.D (Findings).

(Ord. 2019-0072 § 2, 2019.)

22.102.140 - Review Procedures for Habitat Restoration Projects.

The Department shall review a proposed restoration or enhancement plan for habitat restoration not required as direct mitigation for an approved permit. Proposed restoration and enhancement plans shall demonstrate how restored habitat function will be consistent with this Chapter.

A.

Information Required. A Restoration Plan shall be submitted. An existing plan or equivalent that fulfills the requirements of a Restoration Plan may be accepted as a substitute.

B.

Review.

1.

The Director, in consultation with the County Biologist, shall review the project proposal.

2.

Site Visit. A site visit by the County Biologist may be deemed necessary by the Director to adequately evaluate the impacts to SEA Resources.

Subsequent activities that fall within the scope of the approved restoration or enhancement plan shall not require further review by the Department.

4.

Habitat restoration shall be required to demonstrate how the project substantiates Subsection 22.102.080.D (Findings).

(Ord. 2019-0072 § 2, 2019.)

22.102.150 - Significant Ecological Areas Technical Advisory Committee ("SEATAC").

SEATAC serves as an expert advisory committee that assists the Department in assessing a project's impact on SEA Resources.

A.

Rules and Procedure. The Director shall establish rules and procedures for the conduct of SEATAC's business.

B.

SEATAC Review. SEATAC shall evaluate projects requiring SEATAC review per Section 22.102.080 (SEA Conditional Use Permit), as follows:

1.

Ruling on the adequacy of the BCA and Biota reports, if applicable;

2.

Recommending redesign and/or mitigation measures to avoid, minimize, or mitigate impacts to SEA Resources; and

3.

Recommending a determination of the consistency of the development project with this Chapter, including consideration of the following:

a.

The project's ability to comply with Section 22.102.090 (SEA Development Standards);

b.

The project's ability to mitigate impacts to SEA Resources through natural open space preservation;

c.

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

d.

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

(Ord. 2019-0072 § 2, 2019.)

Chapter 22.104 - HILLSIDE MANAGEMENT AREAS

A.

This Chapter is established to ensure that development preserves and enhances the physical integrity and scenic value of Hillside Management Areas ("HMAs"), to provide open space, and to be compatible with and enhance community character. These goals are to be accomplished by:

1.

Locating development outside of HMAs to the extent feasible;

2.

Locating development in the portions of HMAs with the fewest hillside constraints; and

3.

Using sensitive hillside design techniques tailored to the unique site characteristics.

B.

This Chapter does not determine maximum allowable density or intensity for a proposed development. Maximum allowable density or maximum intensity for a proposed development shall be determined as set forth in the applicable area, community, neighborhood, or specific plan. Where there is no applicable area, community, neighborhood, or specific plan, the maximum density or intensity for a proposed development shall be determined using the methodology and parameters set forth by the Land Use Element of the General Plan.

(Ord. 2019-0004 § 1, 2019.)

Specific terms used in this Chapter are defined in Section 22.14.080 of Division 2 (Definitions), under "Hillside Management Areas."

(Ord. 2019-0004 § 1, 2019.)

A Conditional Use Permit (Chapter 22.158) application shall be required for any development located wholly or partially in an HMA, except for:

A.

Development on a single lot, provided that grading in connection with the development does not exceed 15,000 cubic yards of total cut plus total fill material. Notwithstanding the foregoing, a Community Standards District may require a Conditional Use Permit application for a lesser amount of total cut plus fill material, in which case the Community Standards District controls. The exception to the Conditional Use Permit requirement in this Subsection A shall not apply when two or more lots are developed in a coordinated effort, regardless of the ownership of the involved lots, and regardless of whether the developments are applied for concurrently or through multiple successive applications.

B.

Lot line adjustments of property lines between two lots. This exception to the Conditional Use Permit application requirement in this Subsection B shall not apply to the adjustment of two or more property lines between three or more contiguous lots in a coordinated effort, regardless of the ownership of the involved lots, and regardless of whether the adjustments are applied for concurrently or through multiple successive applications.

C.

Activities undertaken as on-site or off-site mitigation for biota impacts from another development, such as restoration of natural habitat or planting of oak trees.

D.

Development in one contiguous HMA, provided that the HMA is:

1.

Within a rural land use designation, one-half acre or less in size (as measured from base of slopes to slopes 25 percent or greater) and not contiguous with any other terrain with a natural slope gradient of 25 percent or steeper; or

2.

Within a land use designation other than rural, one-quarter acre or less in size (as measured from base of slopes to slopes of 25 percent or steeper) and not contiguous with any other terrain with a natural slope gradient of 25 percent or steeper.

E.

Development designed such that all HMAs on the development site remain in a natural state or are restored to a natural state to the satisfaction of the Director, and are designated as Open Space—Restricted Use Areas on a recorded final map or parcel map waiver, or on a recorded covenant if not associated with a land division.

F.

Development to be undertaken by or for the County, or a special district, provided that such development complies with Section 22.104.070 (Development by the County or Special District).

G.

Development located within any adopted Specific Plan, provided that such development complies with the provisions of that Specific Plan.

H.

Development related to drilling for and production of oil and gas within the Baldwin Hills Community Standards District ("CSD"), provided that such development complies with the provisions of that CSD.

I.

Development where the project's fuel modification affects slopes of 25 percent or greater to satisfy Fire Department requirements. For this exemption to apply, there must be no accompanying grading activities, and only minimal disturbance to plant roots is allowed.

J.

Any of the following activities required, requested, authorized, or performed by a governmental agency:

1.

Removal or thinning of vegetation, including trees for fire/public/roadway/bridge safety (including under bridge hydraulic vegetation reduction) in response to an emergency;

2.

Operations and maintenance of flood, water supply, water conservation, and roadway infrastructure that includes the removal or thinning of vegetation, including trees; or

3.

Hazard management activities in response to an emergency or other public safety concerns including maintenance, preservation, or restoration of existing roadways or trails, bridges, soil erosion, or flood protection facilities involving adjacent slopes, shoulders, drains, and appurtenant structures (e.g. guardrail, rail and timber walls, head walls, etc.) located near or within dedicated public right of way or associated easements.

(Ord. 2019-0004 § 1, 2019.)

If a Conditional Use Permit (Chapter 22.158) application is required by this Chapter, the applicant shall submit the following:

A.

All materials and information required by Section 22.158.030 (Application and Review Procedures) and a statement that substantiates the findings required by Section 22.104.060 (Findings), below.

B.

Site Photographs. Six panoramic or composite color photographs taken from each corner of the development site and from the highest elevated points within the development site, taken no more than 90 days prior to application submission, along with a photograph key. Additional photographs may be required if the Director determines such materials are necessary for adequate evaluation.

C.

Proposed Development Exhibits. The following exhibits, each of the same size and scale, showing the natural topography of the site in accordance with the Hillside Design Guidelines in the appendix following this Chapter:

1.

A slope map that includes the following:

a.

The land use designations and all existing and proposed development as defined in Section 22.104.020 (Definitions).

b.

The following slope categories as determined by a licensed civil engineer, licensed land surveyor, or a registered geologist; and associated color for: Zero to 24.99 percent natural slope (green), 25 to 49.99 percent natural slope (yellow), and 50 percent or greater natural slope (red).

c.

A table listing the number of gross and net acres, land use designations, proposed non-residential square footage or proposed number of units, and proposed grading amounts within each slope category and within the overall project boundary.

2.

An open space exhibit that includes the following:

a.

A site plan depicting proposed lot configuration, proposed streets, proposed grading design, and proposed open space areas. The site plan shall number and label each proposed open space area. The site plan shall also indicate natural open space or improved open space, and within an open space lot or within an Open Space—Restricted Use Area. The site plan shall also depict and describe the type of improved open space within each improved open space area.

b.

A table listing the acreage and percentage of natural open space areas and improved open space areas on each proposed lot, the total acreage and percentage of natural open space areas, and the total acreage and percentage of improved open space areas.

3.

A map showing hillside constraints as defined in Section 22.104.020 (Definitions).

4.

A vegetation exhibit showing existing groundcover, shrubs, and trees.

D.

Information on Proposed Structures. If a new structure is proposed, exterior elevation cross sections at a scale satisfactory to the Director, indicating proposed building, retaining wall heights, and proposed retaining wall construction materials.

E.

Additional Materials. The Director may request additional materials at the time of application submission or during review by the Department if the Director determines such materials are necessary for adequate evaluation. These materials may include the exhibits listed in the Hillside Design Guidelines.

(Ord. 2019-0004 § 1, 2019.)

Every Conditional Use Permit (Chapter 22.158) application required by this Chapter shall be subject to the following requirements which shall be included as a condition of the permit. Each condition of an approved Conditional Use Permit application shall specify whether it applies to the entire development, to the portion of the development within HMAs, or to an individual lot. For a land division, the conditions may specify that any subsequent applications to modify the approved Conditional Use Permit pursuant to Chapter 22.238 (Minor Modification or Elimination of Conditional Use Permit Conditions) need only relate to the lots affected by such modification. The Review Authority, in granting approval of a Conditional Use Permit application may impose additional conditions as necessary so that an approved project meets the requirements of this Section and Section 22.104.060 (Findings), below. Other than as provided herein, any other modification to conditions required by this Section may be granted pursuant to Chapter 22.194 (Variances):

A.

Open Space Requirement.

1.

Rural Land Use Designation.

a.

Required Open Space. At least 70 percent of the net area of the development site shall be provided as required open space.

b.

Type of Open Space. Up to 33 percent of total required open space may be provided as improved open space. The Review Authority may approve a greater percentage of improved open space if the Review Authority finds that improvement of open space is necessary for public safety or is aesthetically superior.

2.

Other Land Use Designations.

a.

Required Open Space. At least 25 percent of the net area of the development site shall be provided as required open space. Development in Zone RPD shall also comply with open space requirements in accordance with Section 22.18.060.C.4 (Open Space).

b.

Type of Open Space. The Review Authority may approve up to 100 percent of total required open space as improved open space, except that in a rural transition site, up to 50 percent of the required open space may be improved open space. In determining the required amount of improved open space, the Review Authority shall consider the characteristics of the development site and the surrounding area.

B.

Open Space Use and Configuration.

1.

Required open space areas shall not be used for residential, commercial, industrial, or agricultural activities, except for community gardens and golf courses.

2.

At least 51 percent of required natural open space shall be configured into one contiguous area. Land with hillside constraints shall be prioritized for inclusion as required open space. The 51 percent natural area may be configured in two areas only if the County biologist determines that such configuration is environmentally superior to one contiguous area.

3.

A street may be placed within the contiguous natural open space area if the Review Authority finds such street is necessary to ensure adequate circulation or access. Such a street shall not be counted as a portion of the total required open space provided.

The contiguous natural open space area shall be contiguous with dedicated natural open space areas on adjoining lots as feasible.

5.

If the development is located on a rural transition site, the contiguous natural space area shall also be contiguous with the portions of the site perimeter that adjoin land within a rural land use designation as feasible.

6.

For a land division:

a.

The following types of improved open space shall be configured into, or contained within open space lots, unless owned in common and maintained by a home owner's or property owner's association:

i.

Parks, playgrounds, golf courses, and other recreational facilities.

ii.

Equine riding, hiking, and mountain biking trails.

iii.

Pedestrian paseos.

iv.

Community gardens.

b.

Natural open space shall be configured into separate open space lots if the land division is a "densitycontrolled development" as defined in Division 2 (Definitions), Section 22.14.040, or if the land division is in a rural land use designation with 20 or more dwelling units and residential lots of 15,000 square feet or smaller.

C.

Open Space Recordation.

1.

If the development is a land division, required open space areas shall be shown on the tentative map and the final map or parcel map waiver, and shall be subsequently recorded on the final map or parcel map waiver as a fee lot or as an Open Space—Restricted Use Area with the Registrar-Recorder/County Clerk.

2.

If the development is not a land division, required open space areas shall be shown on the site plan or lot line adjustment exhibit. All required open space shall be labeled as Open Space—Restricted Use Area in a covenant recorded with the Registrar-Recorder/County Clerk.

D.

Open Space Ownership and Management. If the development is a land division and open space lots are provided or required by Subsection B.6, above, a condition of approval shall provide for ownership and management of the open space lots. This may be established through one or more of the following, listed in the order of County preference:

1.

Dedication to a government entity, such as a federal, State, County, city, or joint powers authority.

2.

Dedication to a non-profit land conservation organization that meets the qualifications of non-profits requesting to hold mitigation land pursuant to Section 65965 et seq. of the California Government Code.

3.

A conservation easement recorded with the Registrar-Recorder/County Clerk as an Irrevocable Offer to Dedicate or equivalent instrument that requires the open space to remain in perpetuity and extinguishes all future development rights.

4.

A maintenance agreement with a home owners' association or property owner's association.

E.

Design. The Review Authority may impose additional conditions pertaining to sensitive hillside design techniques provided such conditions are consistent with the Hillside Design Guidelines.

(Ord. 2022-0008 § 79, 2022; Ord. 2019-0004 § 1, 2019.)

The Review Authority shall approve a Conditional Use Permit application if the Review Authority finds that the application substantiates, in addition to those required by Section 22.158.050 (Findings and Decision), the following findings:

A.

That the proposed development preserves the physical integrity of HMAs to the greatest extent feasible, resulting in lesser impacts to hillside resources, by:

Locating development outside of HMAs to the extent feasible;

2.

Locating development in the portions of HMAs with fewer hillside constraints; and

3.

Using sensitive hillside design techniques tailored to the site requirements.

B.

That the proposed development preserves the scenic value of HMAs to the extent feasible, resulting in lesser impacts to on-site and off-site scenic views of slopes and ridgelines as well as views of other unique, site-specific aesthetic or significant natural features of the hillside, by:

1.

Locating development outside of HMAs to the extent feasible;

2.

Locating development in the portions of HMAs with the fewest hillside constraints; and

3.

Using sensitive hillside design techniques tailored to the site requirements.

C.

That the proposed development is compatible with or enhances community character, and provides open space as required in this Chapter.

D.

Where open space requirements of this Chapter are modified:

1.

For development in a rural land use designation, that a greater percentage of improved open space is necessary for public safety or is aesthetically superior; or

2.

For streets within a natural open space area, that such street is necessary to ensure adequate circulation or access. In such cases, no portion of the street shall be counted as open space.

E.

That the proposed development is in substantial compliance with the Hillside Design Guidelines.

(Ord. 2019-0004 § 1, 2019.)

The lead County department or the district shall prepare a written report that documents substantial compliance with the Hillside Design Guidelines. This report shall be included as part of the development's publicly available documents and included as part of any subsequent project reports to the Board and its attendant commissions. A report shall not be required for maintenance or operations activities or any activities listed in Section 22.104.030.I, above.

(Ord. 2019-0004 § 1, 2019.)

APPENDIX I - HILLSIDE DESIGN GUIDELINES

I. PURPOSE AND OVERVIEW

The policies of the General Plan, and area and community plans, where applicable, seek to preserve significant natural features in hillside areas. These Hillside Design Guidelines (Guidelines) are intended to implement these policies by ensuring that hillside development projects use sensitive and creative engineering, architectural, and landscaping site design techniques. The Guidelines also help ensure that hillside development projects are designed in a manner that allows the project to meet the findings of the Hillside Management Areas Ordinance (Ordinance). To accomplish this, the Guidelines include specific and measurable design techniques that can be applied to residential, commercial, industrial, and other kinds of projects.

Some design techniques may be more appropriate or feasible than others, depending on the type of project, location, size, complexity, and site constraints, and other design techniques incorporated into the project. The design techniques most appropriate for a project to achieve the purpose of Chapter 22.104 (Hillside Management Areas) shall be determined by the project applicant and the Director.

The Guidelines are encouraged but optional for all other hillside projects not subject to Chapter 22.104. Hillside Management Areas (HMAs) have 25 percent or greater natural slopes; however, development on 24 percent or "lesser" slopes can have negative impacts on hillside terrain that could be minimized by following these Guidelines.

II. SUBSTANTIAL COMPLIANCE

Subsection 22.104.060.E (Design) of Chapter 22.104 (Hillside Management) requires that the projects subject to said Chapter "substantially comply" with the Guidelines. The Guidelines are divided into five major design categories containing a variety of sensitive hillside design measures. The five major categories are:

• Site Planning

• Grading and Facilities

• Road Circulation

• Building Design

• Landscaping

For substantial compliance with Chapter 22.104, projects must use the design measures contained in the Guidelines that reasonably can be implemented in the project design. The project applicant should consult and coordinate with County staff to determine the most appropriate design measures. While the design measures are not individually weighted in the Guidelines, more weight may be given to a particular design measure based on the location, context, size or complexity of the project. No individual design measure should be used as a sole means to deny or recommend denial of a project; rather, all characteristics of a project's design "as a whole" should be taken into consideration when making a final determination. The Board, Commission, or Hearing Officer is the authority in determining whether the findings required by Chapter 22.104 can be made for a project.

Due to the variety, size, geology, hydrology, and complexity of development projects, there is no set number of design measures required in a project to ensure that it, as stated in Section 22.104.010 (Purpose), preserves and enhances the physical integrity and scenic values of HMAs, provides open space, and is compatible with and enhances community character. Staff and project applicants are advised that four design measures per category (Site Planning, Grading and Facilities, Road Circulation, Building Design, and Landscaping) is typically the appropriate number of design measures to be included in a project to allow the findings required by Chapter 22.104 to be made for that project.

Staff and project applicants are also advised that these numbers are general recommendations, and not absolute requirements. Because projects are tailored to the individual site requirements and conditions, it is possible that more or less measures may be appropriate. When considering whether to support a request for a lower number of measures from a project applicant, factors staff may consider include density, the size of the project, or whether the project is able to meet several partial credit design measures.

In situations where it is unclear whether a design measure is being fully utilized, County staff will use its recommendation for whole or partial design measure "credit" towards satisfying the findings required by Chapter 22.104. Half-credit may be given for a design measure if the project design does not fully meet the design measure but partially satisfies it to the satisfaction of the County. Staff will also work with project applicants to determine which design measures can be implemented as project conditions of approval.

III. OTHER STANDARDS

In addition to meeting the findings required by Chapter 22.104, all projects are still subject to applicable Plans, County policies, Titles 21 (Subdivisions) and 22 (Planning and Zoning) of the County Code, Healthy Design standards, and CEQA. These standards or policies could influence which design measures to use within a project.

IV. FACTORS AFFECTING RESIDENTIAL DENSITY

Sensitive hillside design techniques can be used to achieve a better project design while still maintaining a desired number of dwelling units. The General Plan land use designation ("plan category") establishes the appropriate residential density range for a project, including the density maximum. However, there are a number of other factors that can affect the project's density, such as:

• Land division standards (minimum lot size, lot width, street frontage and access)

• Zoning designation (minimum lot size)

• Zoning standards (building setbacks, maximum lot coverage)

• Biological constraints (such as woodlands and wildlife habitats and corridors)

• Natural environmental hazards (such as geologic, seismic, fire, flood)

• Open space and parking requirements

• Public easements and dedications (such as for utilities)

• Community compatibility and neighbor concerns

V. LAND DIVISIONS

Past development patterns within the unincorporated County suggest that the largest hillside projects involve land divisions. Land divisions often have large amounts of grading along with the creation of new infrastructure and landscaping. While it should be expected that more design measures will be applicable to land divisions, quantity should not be confused with quality. Smaller land divisions and non-land division projects should be evaluated not only by the number of design measures utilized, but also by how effectively they are used to achieve a sensitive hillside design.

VI. SENSITIVE HILLSIDE DESIGN MEASURES

1. Site Planning

Conserve land area and form, link open spaces, and promote a more attractive pattern of development that complements the hillside terrain.

1.1. Locate 50 percent or more of the project's buildings and developable lots within 500 feet of existing sewer, water, and roadway infrastructure.

1.2. Locate at least 50 percent of the development footprint on the flattest portions of the site[[3]] (i.e., those areas having slopes of less than 25 percent), when that area does not contain rare, sensitive, or federal or State listed threatened or endangered species.

1.3. Utilize all previously graded or disturbed areas on the site for new development to the greatest extent possible, before developing new areas, such that new development within undisturbed areas is reduced.

1.4. For new land divisions, contain at least 75 percent of developable lots within blocks that have a perimeter of one-quarter mile (1,320 feet) or less, measured from the roadway centerline. (Note: The purpose of this design measure is to avoid unattractive "superblocks" of development on the hillside and instead use smaller block sizes that are more distinguishable from each other and can better fit in with the natural topography.)

1.5. For new land divisions, where lot clustering is allowed and compatible with community character, reduce all single-family lot sizes to 15,000 square feet or less.

1.6. For new land divisions, utilize a variety of small, medium, and large lot sizes (such as 5,000, 10,000, and 20,000 square feet) in such a manner that it will produce different building layouts and sizes.

1.7. Throughout the project site, differentiate elevations so that elevations between adjacent pads, between adjacent blocks, or between adjacent streets, range from one to 30 feet.

1.8. Place the narrow side of the lot (or building pad) such that it allows the building facade to face the roadway.

1.9. Utilize terraced building pads in select areas within the site to preserve slopes that exceed 50 percent.

1.10. Preserve the most prominent and unique slopes, hilltops, and ridgelines[[4]] on the site for recreational uses within dedicated (or common) open space areas.

1.11. Exceed the minimum open space acreage requirements by 10 percent or more.

1.12. Preserve contiguous undisturbed open space throughout the site, utilizing segments of land that are at least 150 feet wide.

1.13. Utilize at least 25 percent of the overall project's disturbed (improved) open space for recreational purposes.

1.14. Locate and design improved open space as a buffer (recommended at least 50 feet wide) between undisturbed open space and development.

1.15. Create scenic vista points at prominent locations such as hilltops and ridgelines, providing amenities [5] at the points and making them accessible to the public. When provided, this shall count as improved open space.

1.16. Provide private (connector) trails or pedestrian paseos that link together all of the project's open space areas (one acre or larger) and connect to any onsite or offsite public trails.

1.17. For new land division blocks of development that exceed 800 feet between intersections, design midblock through-paths such as trails or pedestrian paseos, that connect to intervening streets or open space areas, and make the paths accessible to the public.

1.18. Use any other site planning techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to allow the project to meet the findings required by Section 22.104.060 (Findings).

2. Grading and Facilities

Avoid mass landform alteration, preserve the physical shape of the hillside, and maintain pleasant views.

2.1. For projects with more than 100,000 cubic yards of onsite earthwork, avoid any mass cut and fill grading that would result in a change of 25 feet or greater in elevation from the existing natural grade to the finished manufactured grade at any one point on the site.

2.2. Use contoured grading lines that match or closely match the existing topography, generally avoiding lines that trace 45 to 90 degrees against the natural contour.

2.3. Utilize undulating banks for graded slopes to maintain the natural pattern of the topography to the greatest extent feasible.

2.4. Design the project's longer graded horizontal slope surfaces and slope increments (typically 300 or more feet in length) to be variable in terms of height and spacing to replicate natural topographical patterns, taking into account hydrology design and any sewer, water, and storm drain infrastructure.

2.5. Locate water tanks and other similar types of structures that are 20 feet tall or taller so that their highest point is at least 50 feet below the crest of the highest hilltop or ridgeline, on or off the site, that is located within 500 feet of the water tank or similar structure.

2.6. Locate visually intrusive structures (such as water tanks) so that they are hidden from public views, placing them behind hills, buildings, landscaping, existing trees, or other more appropriate and attractive screening objects.

2.7. Avoid berms and block walls that obstruct views from or to buildings; instead, locate and design the buildings in accordance with the other site planning, road circulation, building, and landscaping design measures contained in the Guidelines.

2.8. Design drainage facilities as multi-purpose site features[[6]] that are attractively landscaped, conserve water, improve water quality, and provide opportunity for recreational activity. (Note: These features may be counted towards required open space acreage, as improved open space, if designed to the County's satisfaction. Such features should be located in areas already designated for improvement such as park sites, roadsides, or previously-graded flat areas.)

2.9. Build retaining walls to be less than six feet in exposed height, and terrace the walls where appropriate and in a manner that does not substantially increase visual impacts.

2.10. Use earth-tone colors and materials[[7]] for exposed hardscape surfaces such as block walls, retaining walls, drainage terraces, and storm gutters.

2.11. Use attractive designs and materials that are compatible with, or that enhance, community character for any walls or fencing used to enclose public facilities (such as debris and retention basins), especially when such facilities are in highly-visible locations or are designed as "multi-purpose" site features. (Note: Safety and security shall be maintained for the facilities when using a more attractive wall or fence design.)

2.12. Use any other grading and public facility design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site, and allow the project to meet the findings required by Section 22.104.060 (Findings).

3. Road Circulation

Preserve the physical shape of the hillside, maintain good connectivity, and provide scenic roadway views.

3.1. Provide at least two points of paved roadway access[[8]] to a County highway (major or secondary) for any project (or portion of development) greater than 50 dwelling units and 10 acres in size. (Note: This practice should only be considered when the second road connection will not require a substantial amount

of additional grading; special consideration may be given when connecting to an adjacent community or providing access to community services such as schools and parks.)

3.2. Locate and design new roadways to follow the existing natural slope contours, avoiding mass landform alteration and excessive grading.[[9]]

3.3. Utilize private drives instead of public streets on 50 percent or more of the project road circulation system to allow slightly higher gradients (up to 15 percent) that result in less grading and better conformance to natural slope contours, taking into account hydrology design and any sewer, water, and storm drain infrastructure.

3.4. Use undulating patterns and varying grades[[10]] for roadway segments exceeding 1,000 feet in length.

3.5. Connect roadways to form blocks wherever feasible (2,000 square feet or less block perimeter), such that at least 75 percent of the development footprint (to include public facilities) is contained within blocks. (Note: The purpose of this is to provide good access and connectivity for safety reasons, and to use roadways to buffer development from natural vegetated areas.)

3.6. Use culs-de-sacs in limited instances, such as where road connections would require grading into 50 percent or greater slopes or grading into 25 percent or greater slopes for a distance of more than 500 feet.

3.7. Provide unpaved trail or paved pedestrian path thru-connections (e.g. pedestrian paseos) for all culsde-sacs. (Note: Fee-dedicated strips are recommended instead of easements on private lots.)

3.8. Utilize "edge" (single-loaded) roads along at least 50 percent of the development perimeter, in areas with steep hillside terrain, and to buffer development from undisturbed open space.

3.9. Place all new roadways and paved driveways at least 100 feet below the crest of the tallest hilltop or ridgeline located onsite, or offsite within 500 feet of the project boundary.

3.10. Design "split" roadways or landscaped medians to preserve unique or important natural features (such as oak trees or rock outcroppings).

3.11. Use bridge design techniques that are attractive, maximize the preservation of natural watercourses, and allow easy wildlife migration beneath the bridge (minimum 6 feet of vertical and horizontal clearance recommended).

3.12. Use private drives instead of public roadways when it will result in narrower roadway widths that create less grading. (Note: Private drives should conform to the Los Angeles County Private Drives and Traffic Calming Manual, and should not eliminate sidewalks or reduce sidewalk connections throughout the development.)

3.13. Use any other roadway circulation design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site and allow the project to meet the findings required by Section 22.104.060 (Findings).

4. Building Design

Promote more attractive views through building siting and orientation, and use of building materials and colors that complement natural hillside features.

4.1. Place structures or limit their height so that their rooflines are equal to or below the elevation of the roadway grade of the development above.

4.2. Utilize terraced (split-level) or "cantilevered" building designs wherever feasible on 25 percent or greater slopes. (Note: Split-level homes should have a second floor exterior that is visibly set-back from the first floor exterior so that a terraced profile can be seen from the public view.)

4.3. Use a variety of house, garage, and other building placements that better responds to the hillside terrain and creates a more interesting and attractive streetscape.

4.4. Limit building heights to two stories (or 25 feet) when sited on 25 percent or greater slopes or when the building pad elevation is located less than 50 feet below the crest of the nearest hilltop or ridgeline located within a linear distance of 500 feet.

4.5. Use a wider variety of architectural treatments and materials[[11]] for the facades and exteriors of

buildings that are located in highly-visible areas on the site (such as main entryways, higher elevations, and isolated lots or building pads that can be seen from public view).

4.6. Use pitched roofs (at least 1.5:1) and shingles for new residences.[[12]]

4.7. Utilize architectural design techniques to screen rooftop mechanical equipment from public view.

4.8. Design building exteriors with stonework or woodwork that matches rock and tree varieties found in visible locations on the site or in the surrounding community within a distance of one mile. (Note: Materials shall not be sourced from sensitive or scarce local resources such as oak trees, unless the project design is already removing these materials on site due to other project constraints and reusing them).

4.9. For business signs, use wood construction materials and painted lettering/logos, avoiding the use of metal and plastic, and with 18 square feet or less total sign surface area (10 square feet for projecting signs) per business establishment.

4.10. Design monument signs to be constructed with wood, stone, brick, or decorative concrete, and to be no more than six feet in height. (Note: The placement of all monument signs shall accommodate an adequate line of sight to the adjacent roadway.)

4.11. Limit all signs so that they project upward no higher than the roofline of the building (or nearest adjacent building), and do not disrupt sightlines to the horizon.

4.12. Illuminate signs from the exterior, with downward-projecting, hooded light fixtures that minimize light trespass.

4.13. Use any other building design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site and allow the project to meet the findings required by Section 22.104.060 (Findings).

5. Landscaping

Preserve existing vegetation, conserve water, and provide more attractive and comfortable settings within the developed areas of the hillside project.

5.1. Retain and incorporate 50 percent or more of existing onsite trees and woodlands (particularly native and drought-tolerant species, and oak woodlands) into the overall project landscaping plan.[[13]]

5.2. Avoid all healthy[[14]] oak tree encroachments and removals through the sensitive location and design of development.

5.3. Landscape all graded slopes and improved open spaces in an attractive manner that accomplishes at least two or more of the following beyond a State- or County-required minimum (whichever is more restrictive): a) restores habitat; b) conserves water or improves water quality; c) provides shade for pedestrians and bicyclists; d) enhances slope stability (must landscape all slopes at least five feet high); e) increases fire protection; and f) provides recreational opportunities.

5.4. Utilize native and drought-tolerant trees, shrubs, and ground cover over all exposed graded areas.

5.5. Landscape at least 50 percent of all graded slopes and improved open spaces at a minimum ratio of one new shrub per 100 square feet of total graded slopes and improved open space area and one new tree per 800 square feet of total graded slopes and improved open space area.

5.6. Vary the height, placement, and color of appropriate landscaping materials throughout the site.

5.7. Use a wide variety of local and non-invasive plant species within the project's improved open space areas, matching or exceeding the variety found onsite and listed in the project's plant surveys and biota reports.

5.8. Plant new native and drought-tolerant trees and shrubs of a sufficient interval, size, and height to screen hardscape surfaces and unadorned features such as block walls, infrastructure, and exposed and prominently located building facades.

5.9. Use plant materials and irrigation systems that, combined, conserve water 20 percent or more beyond State and County requirements.

5.10. Reapply the graded topsoil to manufactured slopes and improved open space areas.

5.11. Use any other landscaping design techniques not listed in this Chapter that either through innovation or in consideration of specific site constraints or other specific project factors, are tailored to the site and allow the project to meet the findings required by Section 22.104.060 (Findings).

VII. List of Design Exhibits

Design exhibits are necessary to evaluate the proposed development in accordance with County policies, code requirements, and case processing procedures. Some projects may not need to provide all exhibits listed below, but rather on an as-needed basis at the discretion of County staff when applicable.

• Site Plan (Exhibit "A")—A plan that shows existing contour intervals (10 feet or less), existing development and proposed development, to include lots, structures, roadways, driveways, grading, and building pads. Should also depict roadway and retaining wall cross sections.

• Site Profile—A scaled drawing that shows a cross-section view of the site from one edge to the other, showing the location of all development in the hillside and the overall extent of hillside encroachment and landform alteration. (Note: More than one cross section may be required to accurately assess hillside impacts.)

• Block Elevation—(For land divisions or larger multi-unit developments as applicable) A drawing that shows a row of multiple house (or other building) elevations as they would appear to the public from a lower vantage point on or adjacent to the site. May also include depictions of landscape screening.

• Landscape Plan—A color plan that shows all proposed landscaped areas, to include plant materials and any pedestrian and aesthetic features such as walkways, recreation equipment, fountains, gardens, etc. Should also depict existing vegetation that will be preserved, as well as oak or other mitigation trees (if known).

• Fuel Modification Plan—A specific type of landscape plan that shows all fuel modification zone boundaries, distances between boundaries, and types of vegetation, as required by the Fire Department. (Please refer to the Fire Department's separate guidelines when creating this plan.)

• Open Space Exhibit—A simplified site plan showing all proposed lots, roadways, and grading only; also depicts, numbers, and labels the restricted-use areas and separate lots to be preserved as open space; distinguishes between different types of open space and provides a legend that describes each type of open space; and provides a table listing the approximate acreage of the individual open space types and the quantity and percentage of improved (disturbed) and undisturbed open space within each lot, and for the overall project.

• Slope Map—A complete site plan (road and retaining wall cross sections excluded) that depicts the three different slope ranges (<25 percent, 25—49 percent, and <50 percent) according to a color scheme of green—yellow—red, respectively.

• Buildout Simulation—A color exhibit that shows how new development would impact existing hillside views. It typically depicts a "before" and "after" perspective view of the hillside(s), and includes realistic or semi-realistic photos or renderings of the actual buildings and landscaping that will be used in the development, showing how they will affect the hillside views.

• Viewshed Analysis—A site plan or cross section showing the specific degree angle of view from one or more vantage points on the site. The "sight-line" is drawn from the point of view to some object of observation (such as a road intersection or ridge-top) depicted at some distance from the point of view on or off-site. The sight line will show any intervening features that may block the line of sight.

(Ord. 2021-0010 § 20, 2021; Ord. 2019-0004 § 1, 2019.)

Footnotes:

--- ( 3 ) ---

"Site" referred to in the Design Measures means the "project site" or "subject property."

--- ( 4 ) ---

When ridgelines are mapped as "significant ridgelines" by the County, the stricter regulations applicable to those ridgelines shall apply and staff shall determine whether it is appropriate for such compliance to also apply towards substantial compliance with the Hillside Management Areas Ordinance as described in Section II of this Appendix.

--- ( 5 ) ---

Such as decks, seating arrangements, overhead cover (trellis or gazebo), landscaping and shade trees, and information signs for landmarks or points in interest.

--- ( 6 ) ---

Subject to the approval of Public Works.

--- ( 7 ) ---

Subject to the approval of the Department.

--- ( 8 ) ---

May be a private roadway or fire lane but shall be un-gated, accessible by the public, and of sufficient width to meet Fire Department requirements.

--- ( 9 ) ---

Subject to the sight distance, signing, striping and marking requirements of Public Works.

--- ( 10 ) ---

Subject to the maximum allowed street grade requirements of Public Works.

--- ( 11 ) ---

Such as metal, stone, wood, brick, plaster, and concrete.

--- ( 12 ) ---

Subject to approval by the Fire Department.

--- ( 13 ) ---

May require consultation with the County biologist prior to conceptual landscaping plan approval.

--- ( 14 ) ---

As determined by a qualified arborist. Only applies to oaks that are the minimum ordinance size or larger.

Division 6 - DEVELOPMENT STANDARDS Chapter 22.110 - GENERAL SITE REGULATIONS

This Chapter prescribes development and site regulations to encourage development that produces an environment of desirable character, is compatible with existing development, and protects the use and enjoyment of neighboring properties.

(Ord. 2019-0004 § 1, 2019.)

A.

This Chapter shall apply to development in all zones, unless superseded by more specific regulations in this Title 22.

B.

A person shall not use any building, structure, equipment, or obstruction within any yard or highway line except as hereinafter specifically permitted in this Title 22, and subject to all regulations and conditions enumerated in this Title.

(Ord. 2019-0004 § 1, 2019.)

The following accessory buildings are permitted in required yards:

A.

Garages or Carports within Front Yards on Sloping Terrain. A one-story attached or detached garage or carport may be used within a required front yard on sloping terrain, provided that:

1.

The difference in elevation between the curb level and the natural ground at a point 25 feet from the highway line is five feet or more; or where there is no curb, that a slope of 20 percent or more from the highway line to a point on natural ground 25 feet from said highway line exists. Measurement in all cases shall be made from a point midway between the side lot lines;

2.

The garage or carport is located not closer than five feet to a highway line or closer to a side lot line than is permitted for a main building on such lot; and

3.

The garage or carport does not exceed a height of 15 feet above the level of the centerline of the adjoining street or highway.

B.

Garages and Carports in Rear and Side Yards. One-story detached garages and carports may be used within a required interior side and rear yard, provided that:

1.

The detached garages and carports are located 75 feet or more from the front lot line;

2.

Where the garages or carports have direct vehicular access to an alley, they shall be located a distance of not less than 26 feet from the opposite right-of-way line of such alley;

3.

On a corner or reversed corner lot, the garage or carport is located not closer to the highway line than a distance equal to the corner side yard;

4.

The provision is made for all roof drainage to be taken care of on the same property; and

5.

No more than 50 percent of the required rear yard shall be covered by buildings or other roofed structures.

C.

Accessory Dwelling Units in Rear and Side Yards. Accessory dwelling units are subject to yard requirements as provided in Section 22.140.640.

D.

Other Accessory Buildings in Rear Yards. Other one-story accessory buildings permitted in the zone, excluding guest houses or any other building designed or used for living or sleeping purposes, may be used within a required rear yard, provided that:

1.

Such buildings are not placed within a required side yard;

2.

Such buildings are placed not closer than five feet to any lot line; and

3.

Not to exceed 50 percent of the required rear yard shall be covered by buildings or other roofed structures.

E.

Replacement of Open Space. The Director may modify Subsection D.3, above, and approve buildings or other roofed structures covering an area in excess of 50 percent of a required rear yard, provided that:

1.

An equivalent area replacing the covered area is substituted elsewhere on the property;

2.

The Director determines that the equivalent area substituted is equally satisfactory with regard to usability and location; and

3.

Such equivalent area does not exceed 10 percent in grade and has a minimum dimension of not less than 15 feet. Such dimension may include area contained in the required rear or side yard but required yards shall not be included in computing such equivalent replacement area.

(Ord. 2019-0020 § 10, 2019; Ord. 2019-0004 § 1, 2019.)

The following structures are permitted in required yards:

A.

Planter Boxes and Masonry Planters. The maximum height of planter boxes and masonry planters in required front yards shall not exceed a height of three and one-half feet.

B.

Swimming Pools. A swimming pool is permitted in a required rear yard, provided that it is at least five feet from any lot line.

C.

Guard Railings or Fences for Safety Protection. Guard railings or fences for safety protection adjacent to depressed ramps may be placed in any yard, provided that:

1.

An open-work railing or fence is used; and

2.

Such railing or fence does not exceed a height of three and one-half feet.

D.

Driveways, Walkways, and Patio Slabs. Driveways, walkways, patio slabs, and other areas constructed of concrete, asphalt, or similar materials, and wooden decks, may be used in any required yard. The maximum height of such structures in a required yard may not exceed one foot above ground level. Steps providing access between areas of different elevation on the same property are included in this requirement.

E.

Ground-Mounted Equipment. Ground-mounted air conditioners, swimming pool pumps, heaters, filters, and fans may be used in required rear yards, provided that:

1.

Such structures or equipment are at least two and one-half feet from any lot line; and

2.

Such structures or equipment do not exceed a height of six feet measured from the base of the unit.

F.

Equipment in Rear Yards. The following equipment may be placed in rear yards:

1.

Trash enclosures for developments not subject to Chapter 22.132 (Storage Enclosure Requirements for Recycling and Solid Waste).

2.

Movable dog houses.

3.

Movable children's play equipment.

G.

Temporary Signs. Temporary signs advertising the sale or lease of the premises on which the sign is located may be placed within the front or corner side yard if a minimum setback of 10 feet is maintained from the highway line. All such signs shall comply with Chapter 22.114 (Signs).

H.

Projecting On-Site Signs. On-site signs permitted by Chapter 22.114 (Signs) and attached to a lawfully existing building may extend a maximum of 18 inches into the front or corner side yard. This Subsection H does not authorize the projection of such signs beyond the right-of-way line established by the highway line.

I.

Freestanding Signs in Zones C-H and C-1. Freestanding signs in Zones C H and C-1 may be placed in the front yard subject to Chapter 22.114 (Signs).

(Ord. 2024-0028 § 9, 2024; Ord. 2019-0004 § 1, 2019.)

A.

Where more than one building is placed on a lot, the following minimum distances shall apply in any zone where front, side, and rear yards are required by this Title 22:

1.

Distance Between Main Buildings. A minimum distance of 10 feet shall be required between all main residential buildings on the same lot.

2.

Distance Between Accessory and Main Buildings. Except where a greater distance is required by this Title 22, a minimum distance of six feet shall be required between any main residential building and any accessory building on the same lot.

3.

Projections Permitted Between Buildings on the Same Lot. The following projections are permitted within the required distance between buildings, provided they are developed subject to the same standards as, and are not closer to, a line midway between such buildings than is permitted in relation to a side lot line within a required interior side yard:

a.

Eaves and cantilevered roofs.

b.

Fireplace structures, buttresses, and wing walls.

c.

Rain conductors and spouts, water tables, sills, capitals, cornices, and belt courses.

d.

Awnings and canopies.

e.

Water heaters, water softeners, and gas or electric meters; including service conductors and pipes.

f.

Exterior stairways and balconies above the level of the first floor.

B.

Uncovered porches, platforms, landings, decks, and related access stairs that do not extend above the first floor, are permitted between buildings without any distance restriction.

FIGURE 22.110.050-A: DISTANCE BETWEEN BUILDINGS

==> picture [300 x 204] intentionally omitted <==

Legend:

---

S = Structure

NH = Non-Habitable Structure

H = Habitable Structure

(Ord. 2019-0004 § 1, 2019.)

A.

Maximum Height. The height of buildings, except where otherwise provided, shall be determined by the total floor area in all the buildings on any one lot shall not exceed 13 times the buildable area of such lot.

Cellar floor space, parking floor space with related interior driveways and ramps, or space within a roof structure or penthouse for the housing of building operating equipment or machinery shall not be considered in determining the total floor area within a building.

B.

Buildable Area. Where any provision of this Title 22, or of any other ordinance, requires any front, side, or rear yards, or prohibits the occupation of more than a certain portion of a lot by a structure, the portion of such lot which may be occupied by structures is the "buildable area" as used in Subsection A, above.

C.

Exceptions from Height Limit. The following are exceptions from the maximum permitted height limits stated by this Title 22:

1.

Chimneys and rooftop antennas.

2.

Signs, as regulated by this Title 22.

(Ord. 2019-0004 § 1, 2019.)

22.110.070 - Fences and Walls.

A.

Measuring Height of Fences and Walls. The height of a fence or wall shall be measured at the highest average ground level within three feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary an amount not to exceed six inches; provided that the average height of such fence or wall shall not exceed the specified maximum height. For example, see Figure 22.110.070-A, below.

FIGURE 22.110.070-A: MEASURING FENCE HEIGHT

==> picture [300 x 137] intentionally omitted <==

Legend:

---

A = Required front yard

B = Fence height within the required front yard

C = Fence height after the required front yard

B.

Maximum Height of Fences and Walls. Fences and walls may be erected and maintained in required yards subject to the following requirements:

1.

Front Yards. Fences and walls within a required front yard shall not exceed three and one-half feet in height. For example, see Figure 22.110.070-A, above.

2.

Interior Side and Rear Yards. Fences and walls within a required interior side yard or rear yard shall not exceed six feet in height, provided that on the street or highway side of a corner lot such fence or wall shall be subject to the same requirements as for a corner side yard. For example, see Figure 22.110.070-A, above.

3.

Corner Side Yards. Fences and walls within a required corner side yard shall not exceed three and one-half feet in height where closer than five feet to the highway line, nor exceed six feet in height where located five feet or more from said highway line.

4.

Retaining Walls.

a.

Retaining Walls. Retaining walls within required yards shall not exceed six feet in height.

b.

Retaining Walls Topped with Walls or Fences.

i.

Where a retaining wall protects a cut below the natural grade and is located on a front, side, or rear lot line, such retaining wall may be topped by a fence or wall of the same height that would otherwise be permitted at the location if no retaining wall existed. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; provided that a non-view-obscuring fence of three and one-half feet may be erected at the top of the retaining wall for safety protection.

ii.

Where a wall or fence is located in the required yard adjacent to a retaining wall containing a fill, such wall or fence shall be set back from said retaining wall a distance of one foot for each one foot in height, to a maximum distance of five feet. This Subsection B.4.ii does not permit a wall or fence in required yards higher than permitted by this Section. The area between such wall or fence and said retaining wall shall be landscaped and continuously maintained in good condition.

5.

Flag Lots. Notwithstanding this Subsection B, fences or walls are permitted within any required yard on flag lots to a height not to exceed six feet, pursuant to the approval of a Ministerial Site Plan Review (Chapter 22.186) application.

6.

Exemption. Where a fence or wall that is required by any law or regulation of the State of California, and that fence or wall exceeds any height limitation specified by this Title 22, said fence or wall shall be permitted and shall not exceed such required height by any law or regulation of the State of California.

C.

Landscaping as Fences and Walls. Trees, shrubs, flowers, and plants may be placed in any required yard, provided that all height restrictions applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purpose as a fence or wall.

(Ord. 2019-0004 § 1, 2019.)

A.

Yard Determination. On corner lots, through lots with three or more frontages, flag lots, and irregularly shaped lots, where the provisions of this Title 22 do not clearly establish location of yards and lot lines, the Director shall make such determination.

B.

Front Yards.

1.

On Partially Developed Blocks. Where some lots in a block are improved or partially improved with buildings, each lot in said block may have a front yard of not less than the average depth of the front yards of the land adjoining on either side. A vacant lot, or a lot having more than the front yard required in the zone, shall be considered for this purpose as having a front yard of the required depth.

2.

On Key Lots. The depth of a required front yard on key lots shall not be less than the average depth of the required front yard of the adjoining interior lot and the required side yard of the adjoining reversed corner lot.

3.

On Sloping Terrain. The required front yard of a lot need not exceed 50 percent of the depth required in a zone where the difference in elevation between the curb level and the natural ground at a point 50 feet from the highway line, measured midway between the side lot lines, is 10 feet or more; or, if there is no curb, where a slope exists of 20 percent or more from the highway line to a point on natural ground 50 feet from said highway line. Measurement in all cases shall be made from a point midway between the side lot lines.

C.

Side Yards.

1.

Reversed Corner Lots Adjoining Key Lots. Where the front yard of a key lot adjoining a reversed corner lot is less than 10 feet in depth, such reversed corner lot may have a corner side yard of the same depth, but not less than five feet.

2.

Interior Side Yards on Narrow Lots. Where a lot is less than 50 feet in width, such lot may have interior side yards equal to 10 percent of the average width, but in no event less than three feet in width.

D.

Rear Yards on Shallow Lots. Where a lot is less than 75 feet in depth, such lot may have a rear yard equal to 20 percent of the average depth, but in no event less than 10 feet in depth.

E.

Limited Secondary Highways.

1.

Supplemental Yard. A supplemental yard eight feet wide shall be established in all zones along and contiguous to the highway lines of limited secondary highways; any other yard requirements established in Division 3 (Zones), Chapter 22.50 (Billboard Exclusion Zone), Chapter 22.52 (Development Program Zone), Chapter 22.54 (Parking Zone), Chapter 22.58 (Commercial—Residential Zone), Chapter 22.60 (Industrial Preservation Zone), and Section 22.140.585 (Single-Family Residences on Compact Lots), shall be in addition to this requirement.

2.

Use of Supplemental Yard. A person shall not use any building or structure within this supplemental yard except for openwork railings or fences which do not exceed six feet in height and except as permitted within a yard by Section 22.110.040.A (Planter Boxes and Masonry Planters), Section 22.110.040.D

(Driveways, Walkways, and Patio Slabs), Section 22.140.585.F.15.a (Planter Boxes and Masonry Planters), and Section 22.140.585.F.15.c (Driveways, Walkways, and Patio Slabs).

3.

Yard Modification. The supplemental yard requirement established by this Subsection E may be modified with the approval of a Yard Modification (Chapter 22.196) application.

(Ord. 2020-0032 § 20, 2020; Ord. 2019-0004 § 1, 2019.)

The following projections are permitted in required yards subject to the provisions of this Title 22 and Title 26 (Building Code) of the County Code.

A.

Eaves and Cantilevered Roofs. Eaves and cantilevered roofs may project a maximum distance of two and one-half feet into any required yard, provided that:

1.

Such eaves or cantilevered roofs are not closer than two and one-half feet to any lot or highway line;

2.

No portion of such eaves or cantilevered roofs are less than eight feet above grade; and

3.

There are no vertical supports within the required yard.

B.

Awnings and Canopies. Awnings and canopies may project a maximum distance of two and one-half feet into a required interior side yard and five feet into a required front, rear, and corner side yard, provided that:

1.

Such structures are not closer than two and one-half feet to any lot or highway line;

2.

Such structures have no vertical support within such yard; and

3.

Such awnings or canopies extend only over the windows or doors to be protected, and for not more than one foot on either side thereof.

C.

Fireplace Structures. Fireplace structures, not wider than eight feet measured in the general direction of the wall of which they are a part, buttresses, and wing walls may project a maximum distance of two and onehalf feet into any required yard, provided that:

1.

Such structures are not closer than two and one-half feet to any lot or highway line; and

2.

Such structures shall not be utilized to provide closets or otherwise increase usable floor area.

D.

Porches, Platforms, Landings, and Decks.

1.

Uncovered porches, platforms, landings, and decks, including any access stairs exceeding an average height of one foot, which do not extend above the level of the first floor may project a maximum distance of three feet into required interior side yards, and a maximum distance of five feet into required front, rear, and corner side yards, provided that:

a.

Such porches, platforms, landings, and decks shall not be closer than two feet to any lot or highway line; and

b.

Such porches, platforms, landings, and decks are open and unenclosed; provided, that an openwork railing not to exceed three and one-half feet in height may be installed.

2.

Porches, platforms, landings, and decks may be covered provided that in addition to the requirements in Section 22.110.090.D.1:

a.

Such covered porches, platforms, landings, and decks may project a maximum distance of three feet into required interior side yards and a maximum distance of five feet into required front, rear, and corner side yards;

b.

Such covered porches, platforms, landings, and decks shall not be closer than two feet to any lot or highway line; and

c.

Such covered porches, platforms, landings, and decks do not extend above the level of the first floor or 12 feet, whichever is lower.

E.

Rain Conductors. Rain conductors, spouts, utility-service risers, shut-off valves, water tables, sills, capitals, bases, cornices, and belt courses may project a maximum distance of one foot into any required yard.

F.

Equipment. Water heaters, water softeners, and gas or electric meters, including service conduits and pipes, enclosed or in the open, may project a maximum distance of two and one-half feet into a required interior side or rear yard, provided that such structures or equipment are not closer than two and one-half feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project a maximum distance of two and one-half feet into a required front or corner side yard, provided that such equipment is not closer than two and one-half feet to any lot or highway line.

G.

Stairways and Balconies. Stairways and balconies above the level of the first floor may project a maximum distance of two feet into a required interior or corner side yard, or four feet into a required front or rear yard, provided that:

1.

Such stairways and balconies shall not be closer than three feet to any lot or highway line;

2.

Such stairways and balconies are open and unenclosed; and

3.

Such stairways and balconies are not covered by a roof or canopy except as otherwise provided by Subsection B, above.

H.

Covered Patios. Covered patios attached to a dwelling unit may project into a required rear yard, provided that:

1.

Such patio roofs are not closer than five feet to any lot line;

2.

No more than 50 percent of the required rear yard is covered by buildings or other roofed structures, except as provided in Section 22.110.030.E (Replacement of Open Space); and

Such patio shall remain permanently open and unenclosed on at least two sides. This provision does not preclude the placement of detachable screens.

I.

Uncovered Patios. Uncovered patios shall comply with Section 22.110.030.D (Other Accessory Buildings in Rear Yards).

J.

Wall and Window Mounted Air Conditioners, Coolers, and Fans. Wall- and window-mounted air conditioners, coolers, and fans may be used in any required yard, provided that such equipment is not closer than two and one-half feet to any lot line.

(Ord. 2024-0049 § 19, 2024; Ord. 2022-0008 § 80, 2022; Ord. 2019-0004 § 1, 2019.)

No building or structure existing at the time of the effective date of this Section, or by any subsequent amendment to this Section, which is designed, arranged, intended for, or devoted to a use not permitted in the zone in which such building or structure is located, shall be enlarged, extended, reconstructed, built upon, or structurally altered unless the use of such building or structure is changed to a use permitted in the zone where the building is located.

(Ord. 2019-0004 § 1, 2019.)

A.

Conditions. No building or structure shall be moved from one lot or premises to another unless such building or structure can be made to conform to all provisions of this Title 22 relative to all building or structures on the new lot or premises, and shall be made to conform to the general character of the existing buildings in the neighborhood, or better.

B.

For Public Use. Where a building or structure is lawfully located on property acquired for public use (by condemnation, purchase, or otherwise), such building or structure may be relocated on the same lot, even if such building or structure exists as a nonconforming use or even if it is not in compliance with the area or width regulations of this Title 22. Where any part of such building or structure is acquired for public use, the remainder of such building or structure may be repaired, reconstructed, or remodeled, with the same or similar kind of materials as used in the existing buildings.

(Ord. 2019-0004 § 1, 2019.)

A.

Required Area. As used in this Title 22, "required area" means:

1.

The area of a lot which is shown as a part of a subdivision for purposes of sale, recorded as a final map or filed as a record of Survey Map approved as provided in the Subdivision Map Act or as provided in Title 21 (Subdivisions) of the County Code, except that where a lot which otherwise would have been shown as one lot, is divided into two or more lots because of a city boundary line or a line between land the title to which was registered under the Land Title Law (Torrens Title) and land the title to which was not so registered, in which case "required area" means the area of such lot; or

2.

The area of a lot, the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has a right of possession of any contiguous lot or property; provided, that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the Board of the ordinance which imposes the area requirements upon such lot; or

3.

a.

Where a number follows the zoning symbol and Subsection A.1 or A.2, above, does not apply:

i.

A gross area, including that portion, if any, subject to a highway easement or other public or private easement where the owner of the servient tenement does not have the right to use the entire surface, of the number of acres shown by such number if such number is less than 100, provided that the portion of the lot not subject to any such easement shall have an area not less than 40,000 square feet, if the lot was established on or after September 22, 1967, or not less than 32,000 square feet if the lot was established before September 22, 1967, or

ii.

A net area of the number of square feet shown by such number if such number is greater than 100.

b.

"Required area" shall not include the access strip of a flag lot extending from the main portion of the lot to the adjoining parkway, highway, or street.

4.

Where no number follows the zoning symbol and Subsection A.3.a.i or A.3.a.ii, above, does not apply, the required area is:

a.

In Zone C-R, the same as in Zone C-R-5;

b.

In Zone A-2, the same as in Zone A-2-10,000;

c.

In Zones R-1, R-2, R-3, R-4, R-5, R-A, RPD, A-1, R-R, CPD, and M-3, the same as in Zone R-1-5000;

5.

A lot shown as such on a subdivision for the purpose of lease only does not have the required area unless it complies with Subsection A.2, A.3, or A.4, above;

6.

The area of a lot created prior to March 4, 1972, for which a certificate of compliance has been granted pursuant to Section 21.60.060 (Notices of Violation);

7.

The area of a lot for which a Variance (Chapter 22.194) application for lot area has been approved shall be deemed to have the required area;

8.

Notwithstanding any contrary provisions of this Subsection A, lots created within a compact lot subdivision shall be in compliance with Section 22.140.585.F.1.a (Required Area).

B.

Required Width. As used in this Title 22, "required width" means:

1.

The average width of a lot which is shown as part of a subdivision recorded as a final map or filed as a Record of Survey Map in accordance with law, except that where a parcel which otherwise would have been shown as one lot is divided into two or more lots because of the city boundary line or a line between land, the title to which is registered under the Land Title Law (Torrens Title) and land the title to which is not so registered in which case the "required width" means the average width of such lot;

2.

The average width of a lot, the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has the right of possession of any contiguous lot, provided that the deed or contract of sale by which such right of possession was separated has been recorded prior to the adoption by the Board of the ordinance which imposes the width requirement upon such lot;

3.

The width specified by any legislative restriction except in those cases in which the Hearing Officer, in approving a tentative map of a subdivision as provided in Title 21 (Subdivisions) of the County Code, finds, pursuant to Section 21.52.010 (Modification or Waiver of Provisions Authorized When) of such Title that such width should be modified;

4.

An average width of 60 feet if the required area is 7,000 square feet or more; or

5.

An average width of 50 feet where there is a required area and such required area is less than 7,000 square feet. If there is no required area, there is no required width.

6.

Exceptions.

a.

Neither Subsection B.4 nor B.5, above, applies except in the Lancaster District No. 31 and Palmdale District No. 54, which are established in Section 22.06.060 (Zoned Districts Established).

b.

Except in the zoned districts in Subsection B.6.a, above, and except where a legislative restriction requires an average width of 60 feet, the average width of a lot created pursuant to Section 22.110.160 (Resubdivision Conditions for Undersized or Underwidth Lots) need not be more than 50 feet even if the required area is 7,000 square feet or greater.

c.

Notwithstanding any contrary provisions of this Subsection B, lots created within a compact lot subdivision shall be in compliance with Section 22.140.585.F.1.b (Required Width).

(Ord. 2021-0010 § 23, 2021; Ord. 2020-0032 § 21, 2020; Ord. 2019-0004 § 1, 2019.)

22.110.140 - Required Area or Width for Specific Circumstances.

A.

Required Area - For a Housing Permit. Where a Housing Permit (Chapter 22.166) application for projects subject to Chapter 22.120 (Density Bonus) or Chapter 22.121 (Inclusionary Housing) is approved, lot area requirements specified by said approval shall be deemed the required area established for the lot or the lots where approved.

B.

Required Area—Reduced by Certain Public Uses—Computation. If a lot has not less than the required area, and after creation of such lot a part thereof is acquired for a public use other than for highway purposes, in any manner including dedication, condemnation, or purchase, and if the remainder of such lot has not less than 80 percent of the area indicated by the number which follows the zoning symbol, such remainder shall be considered as having the required area. If no number follows the zoning symbol, the following numbers shall be deemed to follow the zoning symbol:

1.

The number 5 in Zone C-R;

2.

The number 10,000 in Zone A-2; and

3.

The number 5,000 in Zones R-1, R-2, RPD, R-A, A-1, R-R, CPD, and M-3.

C.

Required Area—Reduced for Highways—Conditions. If a lot has not less than the required area and after the creation of such lot a part thereof is acquired for highway purposes exclusively, in any manner including dedication, condemnation, or purchase, and if the remainder of such lot has not less than 75 percent of the required area, then such remainder shall be considered as having the required area, provided the remaining portion of said lot has an area of not less than 2,500 square feet, or an area as is otherwise provided herein. The Director, without notice of hearing, may approve a reduction of lot area to 75 percent of the required area where the remaining lot would have less than 2,500 square feet, but not less than 2,000 square feet, where topographic features, subdivision design, or other conditions create an unnecessary hardship or unreasonable limitation making it obviously impractical to comply with the stated minimum.

D.

Required Width—Reduced by Public Use—Conditions. If a lot has not less than the required width, and after the creation of such lot a part thereof is acquired for public use in any manner, including dedication, condemnation, or purchase, if the remainder of such lot has an average width of not less than 40 feet, such remainder shall be considered as having the required width.

E.

Conveyance or Division of Land—Lot Area and Width Restrictions. Except a conveyance for public use or as otherwise provided in this Chapter, a person shall not divide any lot, and shall not convey any lot or any portion thereof, if as a result of such division or conveyance the area or average width of any lot is so reduced, or a lot is created, which lot has an area or average width less than:

1.

Sufficient so that the number and type of structures on such resulting lot comply with the provisions of this Chapter;

2.

The required area, or required width, if any portion of such lot is in Zone R-1, R-2, R-3, R-4, R-A, A-1, A-2, C-R, or M-3; or

3.

The required area or required width, if any portion of such lot is in Zone RPD or CPD, except as otherwise provided in this Section, or by a Conditional Use Permit (Chapter 22.158) for a planned residential or commercial development pursuant to Section 22.18.050 (Development Standards and Regulations for Zone RPD) or Section 22.20.080 (Development Standards for Zone CPD).

F.

Temporary Dwellings. The provisions of this Chapter do not prohibit the use for residential purposes of any temporary building on any such lot in Zones R-1, R-2, R-A, A-1, or A-2, pending the construction and completion of a permanent residence building thereon, in the event that such temporary building contains an aggregate floor area of not to exceed 400 square feet and the nearest portion thereof is located 75 feet

or more from the front line of such lot, if in Zones R-1, R-A, or R-2, or not less than 50 feet from the street or highway upon which such property fronts if in Zones A-1 or A-2, and in the further event that such temporary buildings and each portion thereof is distant not less than 30 feet from the designated site of such permanent building and each portion thereof.

G.

Sales—Portions of Lots. Where a portion of a lot is sold or transferred and as a result of such sale or transfer one or more lots are created of such an area that the number and locations of the buildings thereon no longer conform to the requirements of this Chapter, then, in the determination of the permissible number and location of any buildings on any other lot so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one lot.

H.

Sales—Contracts Voidable When. Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this Chapter is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed or conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, his assignee, heir, or devisee.

(Ord. 2021-0010 § 24, 2021; Ord. 2019-0053 § 19, 2019; Ord. 2019-0020 § 11, 2019; Ord. 2019-0004 § 1, 2019.)

22.110.150 - Substandard Lots.

A.

Required Area for Undersized Lots. If, as a result of the normal division of an undersized section of land, a lot would be created having less than the required area, such lot shall be considered as having the required area, provided that:

1.

In no event shall more lots be created under this Section than would result from the breakdown of a normal section of land in the same zone;

2.

This Subsection A shall apply only to lots when division of a normal section would create lots having not less than a minimum gross area of two and one-half acres;

3.

The total reduction of all lots in a division of an undersized section shall not exceed 10 percent;

4.

No lot shall be created which contains less than a minimum gross area of two and one-quarter acres; and

5.

The creation of such lots shall meet all the requirements of Title 21 (Subdivisions) of the County Code.

B.

Substandard Area or Width. A building or structure shall not be erected, constructed, altered, enlarged, occupied, or used in Zones R-1, R-A, A-1, or A-2 on any lot which has less than the required area or the average width of which is less than the required width.

(Ord. 2021-0010 § 25, 2021; Ord. 2019-0004 § 1, 2019.)

22.110.160 - Resubdivision Conditions for Undersized or Underwidth Lots.

A.

Undersized Lots.

1.

The owner of two or more contiguous lots, one or more of which has an area less than that indicated by the number which follows the zoning symbol, or, if no number follows the zoning symbol, less than five acres if in Zone C-R, or less than 10,000 square feet in Zone A-2, or less than 5,000 square feet in any other zone, may file a map with the Director resubdividing such lots into the same number or a lesser number of lots. The Director may approve such map if:

a.

The lot on such map having the smallest area has an area not less than the original lot having the smallest area;

b.

The lot on such map having the narrowest average width has an average width not less than that of the original lot having the least average width, except that such average width need not be more than 60 feet if the required area is 7,000 square feet or more and need not be more than 50 feet in other cases; and

c.

The division made by such map tends to promote the public health, safety, comfort, convenience, general welfare, and other purposes of this Title 22 to a greater extent than the division of the original lots.

2.

Each lot shown on a map approved by the Director pursuant to this Section shall be deemed to have the required area.

B.

Underwidth Lots.

1.

The owner of two or more contiguous lots, one or more of which has an average width of less than 50 feet if the required area is less than 7,000 square feet or of less than 60 feet if the required area is 7,000 square feet or more, may file a map with the Director resubdividing such lots into the same or a lesser number of lots. The Director may approve such maps if:

a.

The areas of the lots created by such map are either equal to the required area or could be approved pursuant to Subsection A, above;

b.

The lot on such map having the narrowest average width, has an average width not less than that of the original lot of land having the least average width, except that such average width need not be more than 60 feet if the required area is 7,000 square feet or more and need not be more than 50 feet in other cases; and

c.

The division made by such map tends to promote the public health, safety, comfort, convenience, general welfare, and other purpose of this Title 22 to a greater extent than the division of the original lots.

2.

Each lot shown on a map approved by the Director pursuant to this Section shall be deemed to have the required width.

C.

Contiguous Narrow Lots.

1.

Where, prior to the territory being zoned R-1, R-2, R-A, A-1, or A-2, lots exist not less than 100 feet deep but less than 50 feet wide, if two or more such contiguous lots, or one or more such contiguous lots and one or more lots also contiguous thereto which have a depth of not less than 100 feet, have a total frontage of not less than 50 feet, such lots may be treated and considered as one lot.

2.

If such lot is in Zone R-1, R-A, A-1, or A-2, two single-family dwellings may be constructed thereon and so used. If such lot is in Zone R-2, two single-family dwellings or two two-family dwellings or one single-family dwelling and one two-family dwelling may be constructed thereon and so used.

D.

Notwithstanding Subsections A, B, and C above, the owner of two or more contiguous undersized lots, underwidth lots, or narrow lots in Zone R-2, R-3, or R-4 may file a map with the Director resubdividing such lots into compact lots, subject to all applicable provisions set forth in Section 22.140.585.

(Ord. 2020-0032 § 22, 2020; Ord. 2019-0004 § 1, 2019.)

With the exception of flag lots that are created within a compact lot subdivision, all flag lots shall be subject to the following:

A.

Measurement. Average width and depth of flag lots shall exclude the access strip for the lot. For example, see Figure 22.110.170-A, below.

FIGURE 22.110.170.A: FLAG LOT WIDTH AND DEPTH

==> picture [201 x 360] intentionally omitted <==

B.

Development. The development of a single-family residence on a flag lot shall comply with the following:

1.

Yards.

a.

Front, side, and rear yards required by this Title 22 shall be established on the main portion of a flag lot exclusive of the access strip.

b.

In lieu of any yard required by this Title 22, a uniform distance of 10 feet from all lot lines may be substituted.

2.

Access Strip. The access strip shall be maintained clear except for driveways, landscaping, fences, or walls, which shall be subject to the same requirements specified for yards on adjoining properties fronting on the same parkway, highway, or street.

(Ord. 2020-0032 § 23, 2020; Ord. 2019-0004 § 1, 2019.)

Adequate sight distance from any driveway or access road to the public right-of-way shall be maintained to the satisfaction of Public Works. The placement of any object, such as fencing, walls, structure, or storage adjacent to the driveway or access road at the property line may be subject to review by Public Works.

(Ord. 2022-0008 § 81, 2022; Ord. 2019-0004 § 1, 2019.)

A.

Regional Planning. Yard or setback regulations required by this Title 22 may be modified with the approval of a Yard Modification (Chapter 22.196) application.

B.

Public Works. The Director of Public Works, without notice or hearing, may grant a modification to yard or setback regulations required by this Title 22 or any other ordinance where topographic features, subdivision plans, or other conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirements or setback line, except for the supplemental yards established contiguous to limited secondary highways, as described in Section 22.110.080.E, may be modified with the approval of a Yard Modification (Chapter 22.196) application. The Director of Public Works shall notify the Director of all modifications which the Director of Public Works has granted.

(Ord. 2023-0038 § 6, 2023; Ord. 2022-0008 § 82, 2022; Ord. 2019-0004 § 1, 2019.)

The Director, without notice or hearing, may grant a modification of yard and setback regulations for public sites unless such modification would be incompatible with adjoining development.

(Ord. 2022-0008 § 83, 2022.)

Chapter 22.112 - PARKING

22.112.010 - Purpose.

This Chapter:

A.

Establishes comprehensive parking provisions to effectively regulate the design of parking facilities and equitably establish the number of parking spaces required for various uses;

B.

Promotes vehicular and pedestrian safety and efficient land use;

C.

Promotes compatibility between parking facilities and surrounding neighborhoods and to protect property values by providing such amenities as landscaping, walls, and setbacks; and

D.

Establishes parking requirements to assure that an adequate number of spaces be made available to accommodate anticipated demand in order to lessen traffic congestion and adverse impacts on surrounding properties.

A.

Parking and Loading Spaces. Parking and loading spaces shall be provided in compliance with this Chapter in the following circumstance:

1.

New Development. Any new building or structure is constructed and/or any new use is established.

2.

Alteration, Enlargement, Expansion, or Intensification to an Existing Development.

a.

Any existing building, structure, or use is altered, enlarged, expanded, or intensified. Required parking or loading spaces shall be provided to serve the altered, enlarged, expanded, or intensified building, structure, or use.

b.

For the purposes of this Chapter, alteration, enlargement, expansion, or intensification includes an increase to the number of dwelling units, guest rooms, floor area, occupant load, employees, or any other unit of measurement used to establish required parking and loading spaces.

B.

Reduction of Required Parking and Loading Spaces. A reduction in the number of required parking or loading spaces may be granted pursuant to any of the following:

1.

Section 22.112.110 (Reduction in Required Parking Spaces When Bicycle Parking Provided).

2.

Section 22.112.130 (Reduction in Required Parking Spaces When Providing Transportation Demand Management Measures for Multi-Family Residential Developments).