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3.10

PLANNED UNIT DEVELOPMENT (PUD) DISTRICT

1. Purpose and Intent

It is recognized that an integrated development provides an opportunity for creative design when flexible regulations are applied. The planned unit development zone is intended to allow for innovative design and diversification in the relationship of various uses, buildings, structures, lot sizes and open space while ensuring substantial compliance with the General Plan and the intent of the Municipal Code. In addition, the development would provide adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. This zone is not to be used to restrict residential development or to compromise other zoning districts that may be more appropriate for a site. Instead, it enables a developer to obtain approval of a specific, detailed plan for a residential neighborhood which ensures that the uniqueness of the project design is preserved. These standards shall be observed without unduly inhibiting the advantages of modem site planning techniques and innovative planning of residential neighborhoods. Land may be classified as being solely within a P.U.D. zone (exclusive zone), or the P.U.D. zone may be used as a combining zone in a R-1, R-2, or R-3 zone to assign a base zone defining allowable uses and ensure future site development will be compatible with surrounding development and/or to recognize unique site characteristics.

2. Uses Permitted

   • a. Uses permitted in a P.U.D. zone used as a combining zone are those uses permitted by the base zone with which the P.U.D. zone are as follows:

     • (1) One-family dwellings.

     • (2) Multiple-family dwellings.

     • (3) Condominiums.

     • (4) Cluster developments.

     • (5) Parks and playgrounds, public and/or private.

     • (6) Commercial uses, when the Planning Commission finds that such uses are incidental to, and compatible with, the nature and type of development proposed.

     • (7) Real estate tract sales offices and model homes pursuant to the provisions of Section 2.90.

     • (8) Uses and structures which are incidental or accessory to any of the uses permitted in P.U.D. zones.

     • (9) Churches.

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  - (10) Schools, public and/or private. 

  - (11) Golf courses, including associated clubhouse and driving range.

• (12) Tennis courts, including associated clubhouse.

  - (13) Swimming pools 
  
  - (14) Equestrian facilities. 
  
  - (15) Hiking, bicycle and equestrian trails. 
  
  - (16) Open space areas including natural and wildlife areas. 
  
  - (17) Home occupations, as defined in Section 1.190, and in compliance with the provisions of Section 11.170. 
  

  • b. The permitted uses may be allowed in combinations in this zone, provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development.

3. Application

   • a. When the P.U.D. zone is to be assigned as an exclusive zone classification, the zone change application shall include the following:

     • (1) A preliminary development plan, drawn to scale, which shall be at the minimum scale indicated and include all the information as required for design review pursuant to Section 2.80. The number and type of plans shall be as follows:

       • (a) Eight (8) copies at scale of all plans submitted.

       • (b) One (1) copy of each plan reduced to a size of 8½" x 11".

       • (c) One (1) color rendition at scale of the site/landscape plan, and elevation.

     • (2) A statement of reasons for including any commercial uses in the development.

     • (3) A statement concerning any proposal to locate public, quasipublic, recreational and educational areas within the development, including size, estimated employment, anticipated financing, development and maintenance.

     • (4) Residential density of the subject area including the estimated employment.

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• (5) If commercial uses are proposed, indicate building sizes, signs, and estimated employment.

• (6) A completed zone change application on such forms as provided by the City, signed by the owner in fee of the subject land and the owner of any option to purchase the property or any portion thereof, if any.

• (7) A statement indicating procedures and programming for the development and maintenance of semipublic or public areas, buildings and structures.

• (8) A statement indicating the stages of development proposed for the entire development.

• (9) Any additional information, plans, drawings, elevations, photos, diagrams, and improvements as may be required by the Planning Director to adequately review the project.

• b. When a P.U.D. zone is used as a combining zone, the zone change application is not required to include development plans. Development plans as indicated in Section 3.10.3 (a.1) through (a.5) and (a.7) through (a.9) shall be required prior to the issuance of a building permit and shall be considered at an advertised public hearing before the Planning Commission. A complete application and fee shall be required. The application and fee shall be the same as that for a zone change hearing. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in Section 3.10.11.

nd shall be considered at an advertised public hearing before the Planning Commission. A complete application and fee shall be required. The application and fee shall be the same as that for a zone change hearing. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in Section 3.10.11.

• c. When the P.U.D. zone is used as a combining zone, all approvals and recommendations by the Planning Commission shall be presented to the City Council for final action following public hearing by the Planning Commission. Matters so presented to the City Council for final action shall not require a noticed public hearing before the City Council except as set forth in Section 3.10.3(d).

• d. If the Council decides to disapprove the recommendation, add to or change any of the conditions recommended by the Planning Commission, the City Council shall set the matter for a noticed public hearing at the next available regular meeting for which notice, as required in Section 2.140, may be published, posted and mailed. The hearing shall constitute the review and approval of the preliminary development plans. Modification to approved plans will be subject to the provisions set forth in Section 3.10.11.

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4. Rezoning Procedure

An application shall be processed as follows:

• a. Pursuant to Chapter 2 of Title 17 of the Municipal Code regarding zone changes.

• b. If the application is approved by the City Council, the zoning map of the area shall be changed by identifying the area with the map symbol P.U.D. If the P.U.D. zone is approved as a combining zone, the base zone shall be identified, followed by the map symbol P.U.D. (Example: R-2/P.U.D.)

• c. The preliminary development plan as approved, shall be filed with the City and shall, by reference, be incorporated into and thereby become part of the zoning ordinance of the City.

• d. After the effective date of the ordinance change to the P.U.D. zone, no building or structure shall be erected, moved or altered on the subject property except when in compliance with the final development plan as approved by the Planning Director, pursuant to Section 2.80.

5. Final Development Plan

   • a. Contents. The final development plan shall be drawn to the same scale and include the information as required for a preliminary development plan, together with any modifications or conditions that were required by the Planning Commission and City Council.

   • b. Procedure. The final development plan shall be submitted and processed the same as required for design review pursuant to Section 2.80. The Planning Director shall review the plan for substantial compliance with the approved preliminary plan and satisfaction of all conditions set forth in the City Council’s final decision. In instances where the Planning Commission desires to review the final development plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval.

6. The Planning Director shall review the plan for substantial compliance with the approved preliminary plan and satisfaction of all conditions set forth in the City Council’s final decision. In instances where the Planning Commission desires to review the final development plan, they may place a condition on the project requiring said plan to be brought back before them for review and approval.

7. Latitude of Regulations

The Planning Commission or City Council may require in the final development plan, standards, regulations, limitations and restrictions either more or less restrictive than those specific elsewhere in the Municipal Code and which are designed to protect and maintain property values and community amenities in the community, and which would foster and maintain the health, safety and general welfare of the community, including and relating to but not limited to the following:

• a. Height limitations or any bulk requirements on buildings and structures, lot and yard requirements, and distances between buildings.

• b. Percent coverage of land by buildings and structures.

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• c. Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area.

• d. The location, width and improvement of vehicular and pedestrian access to various portions of the property including portions within abutting streets.

• e. Planting and maintenance of trees, shrubs, plants and lawns in accordance with a landscaping plan.

• f. Construction of fences, walls and floodlighting of an approved design.

• g. Limitations upon the size, design, number, lighting and location of signs and advertising structures.

• h. Arrangement and spacing of buildings and structures to provide appropriate open spaces around same.

• i. Location and size of off-street loading areas and docks.

• j. Uses of buildings and structures by general classifications, and specific designation when there are unusual requirements for parking; or when use involves noise, dust, odor, fumes, smoke, vibrations, glare or radiation incompatible with present or potential development of surrounding property.

• k. Architectural design of buildings and structures.

• l. Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof.

• m.

  - Requiring of performance bonds to ensure development as approved. 
  

  • n. Any additional improvements and dedications reasonably necessary to fulfill public needs for the general health, safety and welfare of the neighborhood and the City.

7. Required Findings

In approving and adopting the rezoning application with the preliminary development plan, the Planning Commission and City Council shall find the following:

• a. The proposed planned unit development zone and preliminary development plan is consistent with the General Plan and objectives of this ordinance;

• b. The proposed development will constitute a residential environment of sustained desirability and stability, and it will compliment and harmonize with the character of the surrounding neighborhood and community; and

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• c. The proposed development justifies exceptions from the normal application of the code in that it integrates such elements as the location of structures, circulation pattern, parking, open space, utilities and other amenities, together with a program for provision, operation and maintenance of all areas, improvements, facilities and services provided for the common use of persons occupying or utilizing the property.

8. Expiration of Zone or Plans

   • a. When the P.U.D. zone is assigned as an exclusive zone, the following shall apply:

     • (1) The applicant shall commence construction no later than 3 years from the effective date of the zone change. If, within such period, the construction specified in the approved preliminary development plan has not been commenced, the Planning Director shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned in order to commence construction of the project. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Chapter 2 of Title 17 of the Municipal Code.

     • (2) If a certificate of occupancy has not been issued for a substantial portion of the dwelling units or other structures in the first phase of a P.U.D. zone within 5 years of the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending time periods, shall be subject to the provisions of Chapter 2 of Title 17 of the Municipal Code.

     • (3) Where the first phase is substantially developed and the remaining phases are undeveloped or in various stages of development and 5 years have lapsed since the effective date of the P.U.D. zone as determined by the Planning Director, he/she shall notify the Planning Commission of same and the Commission shall consider whether changed circumstances justify a zone change to rescind the P.U.D. zone for the area containing the uncompleted phases or if additional time is necessary to be conditioned for the project to be completed. Initiation of a zone change to rescind the P.U.D. zone, or to change any conditions of approval including those extending

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periods, shall be subject to the provisions of Chapter 2 of Title 17 of the Municipal Code.

• b. When the P.U.D. zone is used as a combining zone, no status review or other modification shall be required. Approved preliminary plans shall be subject to the same time periods required pursuant to Section 2.170. If more than one preliminary development plan is approved for the site, the most recent approval shall supersede all previously approved plans.

9. Minimum Site Area

The minimum site area for a P.U.D. zone shall be one (1) acre.

10. Residential Density

Open area and density per dwelling unit shall be as shown on the final development plan for the particular P.U.D. zone as approved by the Planning Commission and the City Council. The permitted number of dwelling units may be distributed within the planned residential development zone in accordance with the conditions and terms established pursuant to this chapter consistent with the density standard of the applicable land use designation of the General Plan.

11. Modifications to Approved Preliminary and Final Development Plans

• a. An approved preliminary development plan may be modified by submitting an application for such modification according to the same procedure as is required in the initial review and approval of said plan.

• b. The flexibility of code requirements ordinarily required in other districts permitted in any initial approval of a P.U.D. zone shall not be considered as a precedent setting, or as a lone compelling reason for approving any modifications.

• c. Any application for a modification to an approved preliminary plan may be approved only after it has been found that it does not deviate from the intent and purpose of this zone and the required findings in Section 3.10.7 can be made.

• d. The Planning Director shall have the authority to administratively approve minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan with respect to colors, materials, architectural elevations, landscape plans and other physical changes of a similar nature provided any such change does not alter any use, environmental mitigation measure, condition of approval, or substantially affect the basic character of architecture or the landscape architecture as established in the Planning Commission or City Council’s approval of the project. Such minor changes, modifications, alterations, deviations, or substitutions to an approved preliminary or final development plan shall be reported

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to the Planning Commission at fts next regular meeting. At that time, the Planning Commission may accept the Planning Director’s report, may further modify the Planning Director’s approved changes or may direct staff to set the matter for hearing in accordance with the provisions of Chapter 2 of Title 17 of the Municipal Code.

12. Maintenance of Common Areas and Non-Dedicated Improvements and Facilities

• a. All common areas, including open or green spaces, community recreation facilities, common walkways, parking areas, private streets, sidewalks, curbs and gutters and all improvements listed in Title 16 of the Municipal Code which are not dedicated and accepted, may be constructed only upon full and adequate provision for their preservation and future maintenance in a manner acceptable to the City.

  • b. Such provision may be satisfied by a declaration of covenants, conditions and restrictions duly signed and acknowledged by the owner: Articles of Incorporation to be filed with the Secretary of State forming a corporation or association, which shall include provision for empowering such entity created to own and maintain all the properties within its jurisdiction and to exercise the powers and duties of such entity to be fully set forth in the declaration; bylaws of the entity which shall set forth rules of membership, required fees and assessments to be used for maintenance purposes, membership rights and duties; and forms of deeds incorporation the declaration by reference to its recording data.

  • c. All documents must be referred to the City Attorney for review and have the approval of the Planning Director as to their sufficiency to accomplish their purpose.

  • d. The owners of the properties shall, as a condition of such ownership, be required to participate in the legal entity so formed and be responsible to said legal entity for the cost of performing the necessary maintenance.

1. Purpose and Intent

   • a. The General Plan outlines the goals, objectives and policies establishing the location and character of public, quasi public and institutional land uses and activities within the City.

   • b. It is the purpose of this section to provide regulations that implement those goats, objectives and policies of the General Plan and to assure the availability and adequacy of lands suitable for future public, quasi public and institutional facilities, uses and activities.

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2. Use Regulations

   • a. Table 3.A of this Chapter identifies those land uses or activities that may be permitted, or conditionally permitted in the Community Facilities zone district, subject to the provisions of this Title and the General Plan. Table 3.A also depicts the permit procedure and the type of approval required for each listed land use or activity in the Community Facilities zone district.

Table 3.A Uses Permitted Within Community Facilities District

Legend

P Permitted Subject to Consistency Assessment C Permitted Subject to Approval of a Conditional Use Permit

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3. Development Standards

   • a. General Requirements

     • (1) The minimum property development standards for all land, buildings, and structures constructed or placed within the Community Facilities (CF) zone district shall be equivalent to the requirements of the zone district(s) of adjacent properties. When there is a conflict between adjacent zone districts and the CF zone district, the Project Assistance Team shall make the final determination as to the applicable development standards to be applied. The decision of the Project Assistance Team may be appealed to the Planning Commission in accordance with the provisions of Section 2.180 of this Title.

   • b. Special Requirements

• (1) Where off street parking areas are situated such that they are in a visual corridor, as may be defined in a precise plan adopted by the City Council, screening such as a wall or earthen berm two feet in height shall be erected between the street right-of-way and parking areas.

  - (2) Except as otherwise permitted, a street side building setback area shall be used only for landscaping, pedestrian walkways, driveways, or off-street parking. 
  
  - (3) Except as otherwise permitted, required rear and interior side building setback areas shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, storage of materials (when provided in accordance with the provisions of this Title), recreational activities or facilities, and similar accessory activities.
  

1. Purpose and Intent

   • a. The Airport Safety Regulations are established to provide greater safety to both aviators and the general public by establishing requirements for land use compatibility reviews within designated areas depicted in Table 3.B (Shafter Airport-Minter Field Compatibility Measures) of this Chapter.

2. Permitted Uses

Permitted uses in an H district are those uses permitted by the base district with which the H district is combined.

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3. Uses Permitted with a Conditional Use Permit

Uses permitted with a conditional use permit in an H district are those conditional uses permitted by the base district with which the H district is combined.

4. Prohibited Uses

Prohibited uses in an H district are those uses prohibited by the base district with which the H district is combined.

5. Minimum Lot Size

Minimum lot size requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

6. Minimum Lot Area per Dwelling Unit

Requirements for minimum lot area per dwelling unit in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

7. Yards and Setbacks

Yard and setback requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

8. Height Limits

The height of structures, trees and/or other objects in the H district shall not be less restrictive than the requirement of Part 77 of the Federal Aviation Regulations of the Federal Aviation Administration (FAA), Department of Transportation, or of any corresponding rules or regulations of the Federal Aviation Administration, as amended. When there is conflict between the regulations of the FAA and the requirements of the base district with which the H district is combined, the regulations of the FAA shall prevail. When there is no such conflict, the permitted height shall be in compliance with the requirements of the base district with which the H district is combined.

9. Minimum Distance Between Structures

The minimum distance between structures in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

10. Parking

Parking requirements in an H district shall be in compliance with the requirements of Chapter 13 of this Title.

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11. Signs

Sign requirements in an H district shall be in compliance with the requirements of Chapter 14 of this Title.

12. Landscaping

Landscaping requirements in an H district shall be in compliance with the requirements of the base district with which the H district is combined.

13. Location Requirements

• a. The Airport Safety Regulations apply to the Shafter Airport and any future airports that may be established in the City.

• b. The area subject to these Regulations shall be determined as follows:

• (1) An Airport Influence Area, as determined by the Kern County Airport Land Use Compatibility Plan (Refer to Table 3.B, “Shafter Airport Compatibility Criteria” and Table 3.B. Map “Shafter Airport – Minter Field Compatibility Measures.” of this Chapter).

  - (2) In all other cases, the applicable area may include all that area as defined in the Federal Aviation Regulations, Part 77. (FAR Part 77), which depicts imaginary surfaces for “objects affecting navigable airspace”, as applicable to the specific FM approved Airport Layout and Approach Plan, as well as the State of California’s “Airport Land Use Planning Handbook”, in the event FAR requirements or the State’s Handbook change, the most current provisions shall apply.
  

14. Findings

The Planning Director shall determine that all of the following are true prior to approving any land use application or issuing any development permit within the Airport Safety Review Areas. If the findings cannot be made, a conditional use permit shall be required. Such conditional use permit shall find that the proposed use will not adversely affect the safety of persons residing, working or traveling within the review areas or affect the viability of the airport, prior to approval of the project.

• a. The proposed use is consistent with the General Plan, this Title, and the Shafter Airport-Minter Field Master Plan.

• b. The proposed use is consistent with the Kern County Airport Land Use Compatibility Plan.

• c. The proposed use does not involve the storage or dispensing of volatile or otherwise hazardous substances that would endanger aircraft operations and public safety.

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• d. The proposed use does not attract a large concentration of birds, produce smoke, generate electrical interference, reflect glare or light, or emit radio transmissions that may endanger aircraft operations.

• e. The proposed use promotes the public interest to provide for the development of the public-use airport and the area around the airport in such a manner, among other things, to comply with the noise standards adopted pursuant to the General Plan and the provisions of Section 10.180 of this Title and to prevent the creation of new noise and safety hazards.

• f. The proposed use enhances the protection of public health, safety and welfare, by ensuring the orderly expansion of the airport and the adoption of land use measures or development standards that minimize the public’s exposure to excessive noise and safety hazards within the area around the airport to the extent that such areas are not already devoted to incompatible uses.

• g. The proposed use will not adversely affect safe air navigation, airport operations or interfere with airport communications.

• h. The proposed use complies with the development standards specified by this Chapter.

15. Development Standards

When a land use is proposed within an area governed by this Chapter, the following standards and criteria shall apply:

• a. Proposed structures and the normal mature height of any vegetation shall not exceed the height limitations provided by the requirements of Federal Aviation Regulations (FAR), Part 77 or with the requirements of this Chapter. Existing topographic elevations, as compared to the elevation of the centerline of the runway (primary surface), shall be considered in determining the permitted height of an affected structure.

• b. Proposed uses shall be consistent with the General Plan, this Title, the Shafter Airport-Minter Field Master Plan, and the Kern County Airport Land Use Compatibility Plan.

• c. The proposed use or the structure shall not reflect glare, emit electronic interference or produce smoke that would endanger aircraft operations.

• d. All heliports shall be constructed pursuant to FAA Advisory Circular 150/5390-1B.

• e. The provisions of the California Airport Land Use Planning Handbook shall be met.

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Table 3.B Shafter Airport Compatibility Criteria

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NOTES

1. Zones may also apply elsewhere if an airport has atypical operational procedures or specialized aircraft activities.

2. Residential parcels should not contain more than the indicated number of dwelling units per gross acre. Clustering of units is encouraged as a means of meeting the open land requirements applicable to the Kern Airport Land Use Compatibility Plan.

3. The land use should not attract more than the indicated number of people per acre at any lime. This figure should include all individuals who may be on the property (e.g., employees, customers, visitors, etc.). These densities are intended as general planning guidelines to aid in determining the acceptability of proposed land uses. Special short-term events related to aviation (e.g., air shows), as well as non-aviation special events, are exempt from the maximum density criteria.

4. Open land requirements are intended to be applied with respect to the entire zone. This is accomplished through implementation of the City’s General Plan, this Title, and any specific plans which may be applicable.

5. May be modified by airport-specific policies adopted by the Minter Field Airport District Board and/or the City Council.

6. See policy Section 3.3 of the Kern Airport Land Use Compatibility Plan.

7. Within the B1 and B2 zones, only the following flammable materials are permitted: aviation fuel, other aviation related materials, and up to 2,000 gallons of non-aviation materials.

8. These conditions do not apply to ministerial actions.

9. These uses typically can be designed to meet the density requirements and other development conditions listed.

10. These uses typically do not meet the density and other development conditions listed. They should be allowed only if a major community objective is served by their location in this zone and no feasible alternative location exists.

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Table 3.B Map Shafter Airport - Minter Field Compatibility Measures

==> picture [576 x 428] intentionally omitted <==

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1. Purpose and Intent

The purpose of the Drilling Island (DI) district is to designate single lots and relatively small areas within the boundaries of final map subdivisions and mobilehome parks that contain productive or potentially productive petroleum resources to promote the development of such resources in a manner compatible with surrounding development. Uses in the DI district are limited to oil and gas exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, or facilities thereto and compatible open space and recreational uses.

2. Permitted Uses

The following uses and all others determined to be similar to these uses, pursuant to Section 1.90 (Determination of Similar Use) of this Title, are permitted in the DI district.

• a. Oil or gas exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, or facilities thereto, pursuant to the provisions of Section 9.40 (Development Standards and Conditions) of this Title.

• b. Subdivision drainage sump, as part of an application for a tentative tract map, provided that mineral rights owners, as shown on the County tax rolls, have been given written notice at least 10 days prior to City approval.

3. Uses Permitted with a Conditional Use Permit

The following uses are permitted in the DI district subject to obtaining an approved conditional use permit.

• a. Parks

  • (1) Any such park shall be “passive” with improvements limited to landscaping, picnic tables and/or barbecue facilities.

  • (2) A sign shall be erected, in accordance with the provisions of Section 14.30 (Sign Standards) of this Title, stating, in essence, that the site is in a DI zone district and is subject to future drilling and production activities.

  • (3) The mineral rights owners of the subject property shall be given notification of the application for a conditional use permit in accordance with the provisions of Section 2.140 (Public Hearing and Notification Procedures) of this Title. Said mineral rights owners shall also be given a copy of the draft environmental documents in accordance with the provisions of Section 6.05 (for a draft Negative Declaration) or Section 7.04

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(for a DEIR) of the City’s Local Guidelines Implementing the California Environmental Quality Act.

• b. Parking lots

  • (1) A sign shall be erected, in accordance with the provisions of Section 14.30 (Sign Standards) of this Title, stating, in essence, that the site is in a DI zone district and is subject to future drilling and production activities.

• (2) The mineral rights owners of the subject property shall be given notification of the application for a conditional use permit in accordance with the provisions of Section 2.140 (Public Hearing and Notification Procedures) of this Title. Said mineral rights owners shall also be given a copy of the draft environmental documents in accordance with the provisions of Section 6.05 (for a draft Negative Declaration) or Section 7.04 (for a DEIR) of the City’s Local Guidelines Implementing the California Environmental Quality Act.

  • c. Drainage sump, except for the provision of Section 3.40.2.b (Permitted Uses) of this Chapter, provided that mineral rights owners, as shown on the County tax rolls, have been given written notice at least 10 days prior to City approval.

4. Prohibited Uses

All other uses not permitted by Sections 3.40.2 (Permitted Uses) and 3.40.3 (Uses Permitted with a Conditional Use Permit) of this Chapter are prohibited in the DI district.

5. Minimum Lot Size

No portion of any lot within the DI district shall contain less than two and onehalf (2 ½) gross acres in size.

• Minimum Lot Area Per Dwelling Unit

There is no requirement for minimum, lot area per dwelling unit in the DI district. Dwellings are not permitted.

7. Yards and Setbacks

Pursuant to Section 9.40 (Development Standards and Conditions) of this Title, no oil or gas well shall be drilled within one hundred (100) feet of the right-ofway of any public highway, proposed public highway, Official Plan Line, or Specific Plan Line in the DI District.

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8. Height Limits

Height limits in the DI district are as follows:

• a. None on derricks and other equipment used during the exploration and drilling phase of development.

• b. Pumping units shall not exceed thirty-five (35) feet in height

9. Minimum Distance Between Structures

Minimum distance between structures in the DI district shall be as provided in the requirements of Section 9.40 (Development Standards and Conditions) of this Title.

10. Parking

There is no minimum requirement for parking in the DI district; provided, however, that all vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material.

11. Signs

The following signs are permitted in the DI district in accordance with the requirements of Chapter 14 (Sign Regulations) of this Title.

• a. Directional signs, warning signs, and identification signs, not to exceed two (2) square feet each in accordance with the provisions of Section 14.90. (Public Safety Signs) of this Title.

• b. Temporary real estate signs advertising the property for sale or rent, not to exceed six (6) square feet each, excluding the area of any vertical and/or horizontal support members, in accordance with the requirements of Section 14.50 (Temporary Signs) of this Title.

12. Special Review Procedures and Development Standards

• a. All drilling and other hydrocarbon development activity in the DI district shall be carried out in accordance with the standards and procedures set forth in Section 9.40 (Development Standards and Conditions) of this Title.

1. Purpose and Intent

The purpose of the Petroleum Extraction (PE) Combining District is to designate lands containing productive or potentially productive petroleum resources to promote the development of such resources in a manner compatible with surrounding development. The PE district may be applied only to those areas that are zoned Estate (E), Neighborhood Commercial (NC), General Commercial (GC), or Business Park (BP). The uses allowed and the

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regulations established by the PE district shall be in addition to the regulations of the base district with which the PE district is combined.

2. Permitted Uses

The following uses and all other uses determined to be similar to these uses pursuant to Section 1.90 (Determination of Similar Use) of this Title are permitted in the PE district.

• a. Wells for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure, or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located more than three hundred (300) feet away from any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material.

• b. Deepening or redrilling, within the existing well bore, of any well used for the production or development of oil, gas, or other hydrocarbon substances, or the replacement of any production facility which did not require a conditional use permit on the date drilling began or the date the facility was installed.

• c. Drilling of a replacement well when the original well did not require a conditional use permit, and when the original well has been abandoned in accordance with California Division of Oil, Gas and Geothermal Resources regulations and drilling of a replacement well commences within one (1) year of the conclusion of abandonment procedures, and the replacement well is located within twenty (20) feet of the original well or is farther from any existing dwelling or commercial building than the original well

• d. Uses permitted by the base district with which the PE district is combined.

3. Uses Permitted by a Conditional Use Permit

The following uses and all others determined to be similar to these uses, pursuant to Section 1.90 (Determination of Similar Use) of this Title, are permitted in a PE district subject to securing a conditional use permit in accordance with the provisions of Section 2.50 (Conditional Use Permits) of this Title.

• a. Wells for the exploration and development, production, storage, transmission, and treatment, and any accessory or ancillary equipment, structure or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located within three hundred (300) feet of any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material.

nsmission, and treatment, and any accessory or ancillary equipment, structure or facilities thereto, of oil, gas, or other hydrocarbon substances if the well(s) are located within three hundred (300) feet of any existing dwelling or existing building utilized for commercial purposes, excluding those premises utilized solely for storage of equipment, material, household goods, or similar material.

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• b. Conditional uses permitted by the base district with which the PE district is combined.

4. Prohibited Uses

All other uses not permitted by Sections 3.50.2 (Permitted Uses) and 3.50.3 (Uses Permitted by Conditional Use Permit) of this Chapter, or of uses not permitted in the base district with which the PE district is combined, are prohibited in a PE district.

5. Minimum Lot Size

Minimum lot size requirements in a PE district are per the requirements of the base district with which the PE district is combined.

6. Minimum Lot Area per Dwelling Unit

Requirements for minimum lot area per dwelling unit in a PE district are per the requirements of the base district with which the PE district is combined.

7. Yards and Setbacks

Yard and setback requirements in a PE district are as follows:

• a. No oil or gas well shall be drilled within one hundred (100) feet of the right-of-way of any existing or proposed public highway or street, Official Plan Line, or Specific Plan Line.

• b. All other uses permitted by the base district shall conform to the yard and setback requirements of the base district with which the PE district is combined.

8. Height Limits

Height limit requirements in a PE district are as follows:

• a. No height limit on derricks and other equipment used during the exploration and drilling phase of development.

• b. Pumping units shall not exceed thirty-five (35) feet in height.

• c. All other uses permitted by the base district shall conform to the height limits of the base district with which the PE district is combined.

9. Minimum Distance Between Structures

Requirements for minimum distance between structures in a PE district are as follows:

• a. Per the requirements of Chapter 9 (Oil and Gas Production) of this Title.

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• b. All other uses shall comply with the base district with which the PE district is combined.

10. Parking

Parking requirements in a PE district are as follows:

• a. No minimum requirement for drilling and production activities; provided, however, that all vehicle parking and maneuvering areas shall be treated and maintained with oiled sand or a similar dust binding material.

• b. All other uses permitted by the base district shall conform to the requirements of the base district with which the PE district is combined.

• Signs

The following signs are permitted in a PE district in accordance with the requirements of Chapter 14 (Sign Regulations) of this Title.

• a. Directional signs, warning signs, and identification signs not to exceed two (2) square feet each in accordance with the provisions of Section 14.90 (Public Safety Signs) of this Title.

  • b. Signs permitted by the base district with which the PE district is combined.

12. Landscaping

Landscaping requirements in a PE district are per the requirements of the base district with which the PE district is combined.

13. Special Review Procedures and Development Standards

All drilling and hydrocarbon development activities in a PE district shall be carried out in accordance with the standards and procedures set forth in Section 9.40 (Development Standards and Conditions) of this Title.

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