§ 19.22

The purpose of this Chapter is to describe the character and intent of the Public Land Use District, identify allowed uses and establish development standards for the district. The Public Land Use District includes Public (P) and Floodway (F).

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

19.20.020 - Description and Intent of Land Uses

A.

Public (P). The intent of this district is for properties which have public uses such as City and county facilities and offices, parks, public golf courses, schools, school facilities, water district operations, etc.

B.

Floodway (F). The intent of this district is to serve as a means of identifying those properties in the City under ownership of the San Bernardino County Flood Control District and permitting flood control facilities and other drainage infrastructure, as deemed necessary by the Flood Control District, to protect the public safety of City residents.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the Public Land Use District are listed in Table 19.22.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.22.030-1

Allowed Land Uses and Permit Requirements

• = Prohibited P = Permitted AUP = Administrative Use Permit CUP = Conditional Use Permit

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

19.22.040 - Development Standards

All new land uses and structures or alterations to existing land uses and/or structures in the Public (P) and Floodway (F) land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.22.040-1 (Development Standards).

Table 19.22.040-1 Development Standards

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.26 - Overlay Districts

19.26.010 - General Provisions

A.

Intent and Applicability.

1.

Overlay districts may be established in order to recognize and map environmental constraints or amenities that should be taken into consideration when land development is being proposed. Overlay districts may be designated in conjunction with those land use/zoning districts that are affected by an environmental constraint or amenity; alternatively, overlay districts may be established to recognize and map land uses approved by the City that promote flexibility to land development while maintaining community goals and priorities.

2.

An overlay may be appropriate where special development standards are necessary in earthquake fault areas in order to protect the health, welfare and safety of the public. Therefore, when a residential land use/zoning district is proposed for an area that has active earthquake faults, an overlay district will be established to map the hazardous areas and to provide special development standards.

3.

An overlay district may be mapped over any land use/zoning district. The development standards used for a site shall be those set forth in the overlay district or the land use/zoning district, as specified in this Chapter.

4.

The procedure for using overlay districts shall be as provided by this Chapter and the Development Code.

5.

When appropriate, deviations from standards set forth in the overlay districts may be granted in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code, except as otherwise noted.

B.

Format.

1.

Overlay districts are divided into three groups:

a.

Preservation overlay districts are intended to preserve and protect valuable resources of land, natural land formations and land uses which have been identified by the City.

b.

Safety overlay districts are intended to identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate that threat.

c.

Development overlay districts are intended to provide flexible land development, while maintaining other community goals and priorities, by permitting the establishment of projects, including mobile home parks, in areas which have been identified by the City as providing compatible uses.

2.

Each overlay district section in this Chapter includes the following subsections: Intent and Purpose, Locational Requirements, Development Standards, Conflicting Provisions, and Special Requirements, if applicable. The Intent and Purpose and Locational Requirements subsections provide the necessary information for locating overlay districts in the City. The Development Standards subsection provides the necessary regulatory guidance for land use proposals that are within an overlay district in addition to those required by the applicable land use/zoning district, Development Code and/or other provisions of the Municipal Code. The Conflicting Provisions subsection specifies, in the event of conflicting development standards between the underlying land use/zoning district and the overly district, which standards apply. The Special Requirements subsection identifies additional requirements that may apply and are not covered under other subsections.

C.

Overlay Designations.

1.

When an overlay district is imposed upon a land use/zoning district, it shall be designated on the General Plan Land Use Map.

2.

The General Plan Land Use Map may include notations regarding preservation or safety conditions, in addition to areas for mobile home parks or planned developments.

3.

The following designations may appear on the General Plan Land Use Map:

a.

Preservation Overlays

i.

Preservation - Biological Habitat Overlay District (PR-BH)

ii.

Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)

b.

Safety Overlays

i.

Safety - Geological Overlay District (S-G)

c.

Development Overlays

i.

Mobile Home - Tourist Commercial District (MH-CT)

ii.

Planned Development Overlay District (PD)

D.

Overlay District Application. The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use/zoning district and shall overlay all land use/zoning districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. The land use districts may augment and strengthen the standards and provisions specified by an overlay district.

E.

Uses Permitted. The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use/zoning district subject to the provisions of all applicable overlay districts as well as those of this Development Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use/zoning district or other provisions of this Development Code, the regulations or standards as specified by this Chapter shall govern.

F.

Establishment and Change of an Overlay District. The provisions of each Section of this Chapter, in conjunction with the applicable Development Code provisions, shall provide the criteria for the establishment or change of the applicable overlay district. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use/zoning district and remains with the property irrespective of the underlying land use/zoning district unless specifically changed. A change in the primary underlying land use/zoning district does not change an overlay designation.

19.26.020 - Preservation—Biological Habitat Overlay District (PR-BH)

A.

Intent and Purpose. The intent and purpose of this overlay district is to establish development regulations to protect the natural beauty and biological resources of specific interest or concern in the City.

B.

Locational Requirements. The PR-BH Overlay may be applied to land areas which contain specified biological resources as determined by the City based upon the recommendation of a qualified biologist.

C.

Development Standards. Proposed developments having portions of areas within the overlay may credit this area for requirements related to landscaping. To preserve the open space resources and prevent destruction of the biological resource, the following restrictions shall apply:

1.

Grading shall be limited to that necessary for approved building foundations, parking and access driveways. A Grading Permit or Clearing Permit for grading or clearing of land in excess of this minimum shall not be issued unless specifically approved by the Planning Commission, at a noticed public hearing, with specific findings that the proposed permit will not degrade the integrity of the biological resources.

2.

Development shall be designed and located to avoid or minimize disturbance to the biological resources.

3.

Any natural resource identified within the PR-BH Overlay District shall be protected or impacts mitigated as a condition of any proposed project.

4.

Other standards may be applied as deemed necessary by the Planning Commission to preserve the resource pursuant to the recommendation of a qualified biologist.

5.

Any permit within the PR-BH Overlay District shall only be approved if the Approving Authority makes the following findings in addition to any findings that may otherwise be required:

a.

The project will not result in a significant adverse environmental impact on endangered species or sensitive habitats, plants or animals.

b.

The project design and physical improvements minimize disturbance to the specified biological resource.

c.

The project will not degrade the scenic and open space resources of the site or areas in the vicinity of the site.

D.

Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

19.26.030 - Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)

A.

Intent and Purpose. The intent of the PR-S Overlay is to provide development standards that will protect, preserve and enhance the aesthetic resources of a neighborhood or area. Design considerations shall be incorporated to allow development to coexist and not substantially interfere with the preservation of unique natural resources and roadside views of such natural resources. It is also the intent of the PR-S Overlay to implement state and federal programs and regulations regarding scenic highway routes.

B.

Locational Requirements.

1.

The PR-S Overlay may be applied to state, county and City-designated scenic highways as set forth in the City's General Plan.

2.

The PR-S Overlay District may be applied to areas with unique views of the City's desert areas or other aesthetic natural land formations.

3.

The PR-S Overlay District for scenic highways should apply to an area extending at least 200 feet on both sides of the ultimate road right-of-way. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.

C.

Development Standards. When a land use is proposed within a PR-S Overlay District, the following criteria shall be used to evaluate the project:

1.

Building and Structure Placement. The building and structure placement is compatible with and does not detract from the visual setting or obstruct significant views.

2.

Setbacks/Design. Land development proposals shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals

may also provide for maintenance of a natural open space parallel to the right-of-way. A setback shall be specified for the view from the road in any affected land use/zoning district. Deviations from established setbacks in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code shall only be approved if one or more of the following are found and justified as being true.

a.

Topographic or vegetative characteristics preclude such a setback.

b.

Topographic or vegetative characteristics provide adequate screening of buildings and parking areas from the right-of-way.

c.

Property dimensions preclude such a setback.

3.

Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-ofway access drives.

4.

Landscaping. The removal of native vegetation shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

5.

Parking and Storage Areas. Parking and outside storage areas should be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic or recreational resource by existing topography, the placement of buildings and structures, or landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water. Outside storage areas associated with commercial activities should be completely screened from view of the right-of-way with screenwalls, landscaping and plantings compatible in the same manner noted above.

6.

Aboveground Utilities. Utilities should be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate aboveground construction and routing. Aboveground utilities should be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, aboveground utilities should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by existing topography, or by placement of buildings and structures.

7.

Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.

D.

Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.