(a)

Purpose. The purpose of this chapter is to ensure that new or modified uses of land and development activity produce a stable environment and character which is in harmony with existing and future development. Such uses of land and development should not impact the use and enjoyment of neighboring properties, all of which shall be consistent with the goals and objectives of the adopted General Plan.

(b)

Applicability. The standards of this chapter apply to all zoning districts. These standards shall be considered in combination with the standards for each zoning district. Where there may be a conflict, the standards specific to the zoning district shall override these general standards. All new or modified structures and uses shall conform with the standards of this chapter as determined applicable by the City Planner or Planning Commission, except as otherwise specified.

(Ord. No. 297, § 9.06.010.010, 3-20-2007)

Every structure shall be constructed upon a legally created lot or parcel of land with a permanent means of access to a public or private street or road conforming to City standards. All structures shall be located to provide safe and convenient access for the provision of municipal services such as fire and police protection. Private driveways shall be provided as required in this title.

(Ord. No. 297, § 9.06.010.020, 3-20-2007)

Development proposals shall be evaluated in compliance with CEQA, and the adopted General Plan's environmental policies, including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards.

(Ord. No. 297, § 9.06.010.030, 3-20-2007)

Development proposals shall be evaluated for compliance with the grading and drainage standards adopted by the City to ensure that proposed development and modifications to existing development comply with the environmental, safety drainage and design standards.

(Ord. No. 297, § 9.06.010.040, 3-20-2007)

(a)

A written permit shall be obtained from the City Planning Department prior to development of landscapes as specified in Section 9.121.040.

(b)

The City shall issue a permit if the applicant has submitted the landscape documentation package as required by Section 9.121.050 and the landscape project satisfies the requirements set out in Chapter 121 of this title.

(c)

The permit fee for landscape project shall be established by resolution of the City Council, and shall be based on the estimated cost of reviewing the landscape documentation package, issuing the permit, and inspecting the project.

(Ord. No. 313, exh. B(9.06.010.045), 12-15-2009; Ord. No. 315, exh. B, 4-20-2010)

(a)

Retention and reuse of stormwater. All drainage provisions shall be designed to retain stormwater on site or carry stormwater to the nearest on-site landscaped area. All drainage provisions shall be designed to retain stormwater on site or carry stormwater to the nearest on-site landscaped area.

(b)

To the extent reasonably practicable, there shall be no stormwater runoff onto pavements or other non-permeable areas. To the extent that stormwater exceeds the amount that can be retained by the on-site drainage provision or carried to the nearest on-site landscape area, the overflow runoff may be carried by a secondary drainable provision to a public area, such as a street or natural watercourse. Drainage facilities shall be designed to carry stormwater to a natural watercourse approved by the City Engineer, and/or other appropriate governmental agency, as a safe place to deposit such waters. At least two percent grade toward the approved disposal area will be required for building pads, except as waived by the City Engineer for non-hilly terrain.

(c)

Erosion prevention. Adequate provision shall be made to prevent any surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales.

(d)

Terrace drains. All swales or ditches on drainage terraces shall have a minimum grade of five percent and must be paved. Drainage devices shall be paved with concrete with a minimum thickness of four inches or approved equivalent. They shall have a minimum depth at the deepest point of one foot. If the drain discharges onto natural ground, riprap may be required.

(e)

Grading shall not increase, concentrate or divert drainage across lot lines, unless there is a drainage easement provided over the receiving property.

(f)

Pervious pavements should be used in driveways, walkways, patios, and other areas of similar use to reduce surface water runoff.

(Ord. No. 313, exh. C(9.06.010.050), 12-15-2009; Ord. No. 315, exh. C, 4-20-2010)

(a)

New development must incorporate design elements for:

(1)

Prevention of stormwater runoff onto pavement and other non-permeable areas;

(2)

Stormwater retention and reuse for irrigation of landscaped areas; and

(3)

Rooftop designs, rain gutters, and other stormwater retention designs that can be directed towards landscaped areas and thereby reuse the stormwater.

(b)

The Building Department is authorized to withhold, deny or grant conditional approval to any application for a building permit which involves:

(1)

Construction upon, destruction of or curtailment in the capacity of storm drain facilities installed under and by virtue of this title;

(2)

Construction, excavation or fill which changes the grade of the natural slope of the surface of any lot or lots so that the water drainage thereon is changed to run onto a different location or in greater quantity or at an accelerated rate, or in a way that creates a hazard to the public health, safety or property. The decision of the Building Official shall be based upon the recommendation of the City Engineer concerning the continued necessity of such drainage installations or of reasonable substitutes therefor.

(Ord. No. 313, exh. C(9.06.010.055), 12-15-2009; Ord. No. 315, exh. C, 4-20-2010)

The following provisions apply to the replacement of housing units.

(1)

Replacement housing—Density bonus projects.

a.

Replacement housing in density bonus projects shall be required for all protected units as set forth in Government Code Section 65913(c)(3).

b.

This requirement applies to any housing development project of five or more residential units, including mixed-use developments.

c.

Replacement units shall be located on the site of the housing development project.

(2)

Replacement housing—Housing Crisis Act.

a.

During such time as Government Code Section 66300 et seq., the Housing Crisis Act, is in effect and Bradbury is considered an "affected city" thereunder, the developer shall be required to provide replacement housing and tenant benefits in accordance with all applicable requirements of Government Code Section 66300.6.

b.

This requirement applies to any housing development project of two or more units or any non-residential project which develops on a site which has protected housing units under the Housing Crisis Act.

c.

If the project is a residential project, the replacement units shall be located on site of the housing development project.

d.

If the project is a non-residential project, the replacement units may be located on a different site within the City, but the replacement units must be developed prior to or concurrently with the development project. The City shall not issue a certificate of occupancy for the non-residential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.

(3)

Replacement housing—Housing element inventory sites.

a.

Replacement housing for projects developed on housing inventory sites shall be required as set forth in Government Code Section 65583.2(g)(3).

b.

This requirement shall apply to a residential or non-residential project which develops on an inventory site which had housing protected under Government Code Section 65583.2(g)(3).

1.

If the project is a residential project, the replacement units shall be located on site of the housing development project.

2.

If the project is a non-residential project, the replacement units may be located on a different site within the City, but the replacement units must be developed prior to or concurrently with the development project. The City shall not issue a certificate of occupancy for the non-residential project until the replacement units are under construction. The developer may contract with another entity to develop the required replacement housing.

(4)

Applicants shall be required to provide required information on a development application form under penalty of perjury.

(5)

If a development project falls under more than one subsection above, it shall be required to comply with the most stringent provisions in cases of conflict.

(Ord. No. 399, § 5, 7-15-2025)

(a)

It is the City's position that its hillsides are a valuable resource to the community, providing a visible geographical boundary to the City and aesthetic relief to the viewscape from virtually every location in the City. To date, hillside development in this community has generally avoided creating the significant negative effects common to the practice of mass grading to provide building sites. The end product of past development practices in Bradbury has largely been the retention of natural land forms and enhancement of the community's "semi-rural" character. However, much of the remaining undeveloped acreage in the City can best be described as steep, consisting of slopes in excess of 30 percent, and visually prominent. Further, the City's hillsides contain or surround several significant environmental and aesthetic resources.

(b)

The purpose of the Hillside Development Performance Standards and Guidelines incorporated therein is to promote the most orderly development of the City's remaining hillsides. The standards are to ensure that hillside development is consistent with existing surrounding development patterns and that new development is carried out in a manner which promotes and enhances public safety and the community's general welfare.

(Ord. No. 297, § 9.06.020.010, 3-20-2007)

(a)

Generally. The hillside development standards shall apply to any lot or parcel of land located within the corporate boundaries of the City which has two acres of land area or more and which has an average slope of ten percent or greater. Additionally, the provisions of the chapter shall apply to previously graded hillside lots where no building permits have been issued.

(b)

Standard slope. For the purpose of the hillside development standards, the term "average slope" shall be defined as the relationship between the change in elevation (rise) of the land and the horizontal distance (run) over which that change in elevation occurs. The average slope "S" is computed on the net area of a parcel by the following formula:

Where:

S = Average percent slope

I = Contour interval in feet

L = Summation of length of all contours in feet

A = Area in acres of parcel being considered

(c)

Hillside project. For the purpose of this chapter, unless the context otherwise requires, the term "hillside project" means any development, subdivision, construction, grading or other activity which requires issuance of a building, grading, conditional use, or other development or construction-related permit or approval of a land subdivision by the City and/or any of its contract agents.

(d)

Modifications to setback requirements.

(1)

A modification of hillside setbacks may be granted by the approval authority for the application being requested for single-lot projects proposed on the flat area of a site or previously graded portion of the site where minimal additional grading is required. In this case, the underlying setbacks for the zone shall be the governing standard.

(2)

Applicants wishing to request modifications must provide quantitative documentation which justifies the request.

(3)

Projects that require a variance from any other provisions of this title must use the variance process for modification requests.

(4)

Projects requesting modifications must meet the findings of applicable required permits (e.g., architectural review and neighborhood compatibility).

(Ord. No. 297, § 9.06.020.020, 3-20-2007; Ord. No. 342, § 1, 12-15-2015)

Applications for single-lot and multiple-lot development projects shall be subject to the approval of the Planning Commission. A project application considered by the Planning Commission under this section shall be reviewed for conformance with the standards and criteria for single-lot and multiple-lot development projects set forth in this chapter and for consistency with other community standards, including, but not limited to, standards for health, safety and welfare.

(Ord. No. 297, § 9.06.020.030, 3-20-2007)

The following policies are reflective of community standards and shall apply to all hillside projects undertaken in the City:

(1)

Existing community character. Existing community character, as defined by such factors as visual appearance, density, road widths and vegetation, shall be preserved and/or enhanced.

(2)

Prominent land forms. Prominent land forms within the community shall be maintained, including, but not limited to, knolls, significant ridgelines and watercourses. All homes shall be constructed at a distance sufficiently below the respective crest of the hillside so that the crest is not obscured in any manner by the structure, and all structures shall be built to fit into the hillside to the greatest extent possible towards an objective of minimizing the disruption to the appearance of the natural terrain. Whenever possible, homes should be staggered with respect to the elevations on which they are constructed.

(3)

Hillside setbacks.

a.

For lots two acres or greater in size, dwelling units, including attached garages and all other attached structures, shall be set back from all lot lines by a distance not less than 100 feet.

b.

Detached nonhabitable structures and substructures may be located to within the minimum setback lines in the rear and sides as prescribed by the zoning district within which the structures are to be located. Any modification of this subsection shall be subject to the variance procedure.

(4)

Viewscapes.

a.

Major hillside viewscapes visible from points not within the hillside project shall not be detrimentally altered by the intrusion of highly visible cut and/or fill slopes, building lines and/or road surfaces;

b.

The extent of grading and the visual impact of grading shall be minimized; and

c.

Levels of development shall be coordinated with available and potential circulation capacities and shall be controlled by the ability to provide adequate access within the constraints defined in this chapter.

(5)

High-fire-risk areas. Development in areas of exposure to high fire risk shall be subject to reasonable mitigation measures formulated during the project review process to reduce such risk.

(6)

Flood and mudslide risk areas. Development shall be planned in such a manner as to avoid undue flood, mudslide and subsidence risk to residents and structures on or near hillside areas, as well as downstream of any project.

(7)

Significant environmental resources. Significant environmental and recreational resources shall be maintained and enhanced, including measures to prevent visual or physical encroachment into such resources.

(8)

Building height. In no event shall any structure exceed a height limit of 28 feet except as otherwise provided for in this title.

(9)

Poles and pier foundations. No structures shall be erected that utilizes poles or piers for any portion thereof which extend above the surface of approved terrain. Two-story or split-level structures may be permitted where they do not require excessive grading and where placement would be conducive to maintaining the aesthetic configuration of the natural terrain.

(Ord. No. 297, § 9.06.020.040, 3-20-2007)

The City may impose such conditions of approval as are reasonable on any single-lot or multiple-lot project, so long as such conditions are consistent with the intent of this chapter, the City's other ordinances and regulations, and the City's General Plan and promote the general public health, safety and welfare.

(Ord. No. 297, § 9.06.020.050, 3-20-2007)

(a)

The intent of this chapter is to outline the general procedures for applying the provisions of the hillside development standards. The City shall encourage project applicants to approach the City at an early stage of site plan development to enable City input into project conceptualization. Further, it is the intent of these procedures to provide early coordination between the City's hillside development standards and environmental review process and to provide for incorporation of mitigation measures recommended by the City into project and site plan design.

(b)

The requirements and procedures set forth in this chapter are intended to supplement and be used simultaneously with requirements and procedures set forth in this title and the City's subdivision ordinances and regulations, environmental review process and the City's building code. However, in instances where this chapter conflicts with any other ordinance or regulation of the City, the provisions of this chapter shall take precedence and apply.

(Ord. No. 297, § 9.06.020.060, 3-20-2007)

In addition to all materials and procedures required by the City's subdivision, Development Code, building and grading regulations and environmental review procedures applicable to projects falling within the scope of this chapter, submittal of the following application materials shall be required for all projects provided for herein:

(1)

Plot plan. A site or plot plan, drawn to a scale prescribed by the City Manager or the City Manager's designee, but not less than a scale of one inch equals 100 feet, reflecting the proposed project, including representations of property lines and all recorded and proposed easements and public rights-of-way;

(2)

Topographical map. A scaled topographical map of the project site and all adjacent terrain located within 150 feet of scale as the site or plot plan required in Subsection (1) of this section, with a maximum contour interval of ten feet.

(3)

Grading plan. A complete grading plan for the project, drawn to the same scale as prescribed in Subsection (1) of this section.

(4)

Tree map. A tree map, drawn to the same scale as prescribed in Subsection (1) of this section, locating existing trees on the project site with a trunk diameter of four inches or greater and/or having a vertical height from ground level to treetop level of 15 feet and identify their type, appropriate trunk diameter, height and condition.

(5)

Environmental assessment. A completed environmental assessment, in a form to be provided by the City.

(Ord. No. 297, § 9.06.020.070, 3-20-2007)

In addition to the materials listed in Section 9.97.070, if deemed necessary by the City Manager or the Planning Commission to adequately review any proposed hillside development project, the City Manager may require submittal of any or all of the following materials:

(1)

Soils report. A soils engineering report which shall contain, but not be limited to, data regarding the nature, distribution and strengths of existing soils, conclusions and recommendations for grading procedure design criteria for any identified corrective measure, and opinions and recommendations covering the adequacy of sites to be developed, including evidence that adequate soil percolation exists to permit disposal of domestic sewage effluent. This investigation and report shall be performed by a professional soils engineer who is experienced in the practice of soil mechanics and who is registered with the State.

(2)

Geology report. A geology report which shall include, but not be limited to, the surface and subsurface geology of the site, degree of seismic hazard, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate any identified geologic hazard. This investigation and report shall be completed by a professional geologist who is experienced in the practice of engineering geology and who is registered with the State.

(3)

Hydrology report. A hydrology report which shall include, but not be limited to, the hydrologic conditions of the site, possible flood inundation, downstream flood hazards, natural drainage courses, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, opinions and recommendations covering the adequacy of the sites to be developed, and design criteria to mitigate any identified hydrologic hazard consistent with these regulations. This report shall account for all runoff and debris from tributary areas and shall provide consideration for each lot or dwelling unit site in a proposed development project. Runoff and debris amounts shall be computed using the County Flood Control District criteria. This investigation and report shall be completed by a registered civil engineer experienced in the science of hydrology and hydrologic investigation.

(4)

Landscape plan. A landscaping plan which shall accurately show the final disposition of all existing trees, as specified in Section 9.97.070(4), on the project site and the type and extent of proposed vegetation, including provisions for ongoing maintenance and irrigation thereof. Specific consideration should be given to vegetation on created slopes, to ensure slope stability, and to ongoing maintenance. This plan shall be drawn to the same scale as prescribed for the application materials required in Section 9.97.070. Once the plan is approved, no trees shall be removed from the site without subsequent approval of the City.

(5)

Model. A three-dimensional scale model of the project site, to such scale as may be prescribed by the City Manager.

(Ord. No. 297, § 9.06.020.080, 3-20-2007)

The requirement to submit any or all of the materials enumerated above may be waived by the City Manager, under the following conditions:

(1)

The existence of recently completed and satisfactory reports covering the same subject matter on the same site.

(2)

Inclusion of any or all of the above reports as part of an environmental impact report, mitigated negative declaration, or negative declaration, if any were required or has been required or has been satisfactorily completed for the site.

(3)

The existence of reports as described in Subsections (1) and (2) of this section, previously prepared for a site or area adjacent to the project site, if the project site and such adjacent site or area may reasonably be expected to possess similar characteristics relative to the development issues addressed by this chapter.

(Ord. No. 297, § 9.06.020.090, 3-20-2007)

(a)

Hillside grading. Both single-lot and multiple-lot hillside grading development projects pose unusually high exposure to fire and flood runoff, land slippage and erosion hazards. It is the City's intent to minimize to the fullest extent possible any such exposure. Consequently, all single-lot and multiple-lot hillside grading development projects shall incorporate the following features:

(1)

Erosion control. Where applicable, lot designs and the location of proposed improvements shall permit accommodation of debris from potential land slippage and/or erosion without damage to improvements and with access to a street to provide for cleanup and removal.

(2)

Lot coverage. To minimize storm drainage runoff, the amount of impervious coverage of any hillside lot shall be restricted to 50 percent of the allowable gradable area of the lot. Driveways shall be considered to be impervious surfaces, regardless of the construction materials used.

(b)

Natural open space preservation. To preserve the rural character of the City and remain consistent with the City's hillside grading and development policies, a percentage of each lot must be left in its natural state. The amount of land to be left in its natural state depends on the average slope and will be determined as follows:

(1)

Open space, 50 percent. Lots having an average slope of ten percent to 24.9 percent shall retain 50 percent of the net lot area in its natural state.

(2)

Open space, 60 percent. Lots having an average slope of 25 percent to 34.9 percent shall retain 60 percent of the net lot area in its natural state.

(3)

Open space, 70 percent. Lots having an average slope of 35 percent to 49.9 percent shall retain 70 percent of the net lot area in its natural state.

(4)

Open space, 85 percent. Lots having an average slope of 50 percent or more shall retain 85 percent of the net lot area in its natural state.

(c)

Open space waiver. The requirement to retain a percentage of land in its natural state may be waived when the Planning Commission finds that the proposed grading is intended for agricultural purposes and the proposed grading will not constitute a threat to public health, safety and welfare. The Planning Commission may attach conditions to any approval for agricultural grading.

(Ord. No. 297, § 9.06.020.100, 3-20-2007)

For the purpose of this section, a single-lot project shall be considered to be any construction, grading or similar or related activity on a legally established lot or parcel of land requiring issuance of any permit or approval by the City or its contract agents.

(1)

Single-lot application content. An application for a single-lot project shall be submitted to the City in accordance with the above. Such application shall be reviewed by the City Manager to ascertain the degree of project conformance to the single-lot development standards set forth in this chapter.

(2)

City Manager authority. If, based on a review of all submitted application material and such other information as may be developed by the City Manager or that official's designee, a particular project is found to conform in substance to each of the standards and criteria set forth in this chapter for single-lot projects and if the project is found not to be in conflict with or potentially detrimental to the public health, safety and welfare or other community standards, and conforms to the City's General Plan and all other ordinances and regulations of the City, the City Manager may approve the particular projects and authorize issuance of necessary permits by the City and/or its contract agents. The City shall not approve the particular project until the Planning Commission has granted architectural approval.

(3)

Planning Commission authority. If, based on a review of all submitted application materials and such other information as may be developed by the City Manager or that official's designee, a particular project is found to conflict in substance with one or more of the standards and criteria set forth in this chapter for single-lot development projects or conflict with or be potentially detrimental to the public health, safety and welfare or other community standards, and the project applicant does not alter the project design to eliminate such conflict, the project application shall be referred by the City Planner to the Planning Commission for disposition, in accordance with the provisions of this chapter.

(Ord. No. 297, § 9.06.020.110, 3-20-2007)

For the purpose of this section, a multiple-lot project shall be considered to be any development of two or more contiguous lots or parcels of land, the development of a single parcel where any adjacent lot or parcel is under common ownership or control, the provision of access to one or more lot or parcels where no access is currently provided or the creation of two or more parcels or lots from one existing parcel or lot.

(1)

Application content. Applicants submitting proposals for multiple-lot projects must include as part of any proposed project all contiguous land under common ownership and/or control. The intent of this requirement is to enable the City to plan for required public improvements and/or services comprehensively and on an integrated, rather than piecemeal, basis to the greatest possible extent. This regulation is not to be construed as a requirement for immediate or simultaneous implementation of all phases of an approved development plan.

(2)

Planning Commission review required. All multiple-lot projects shall be subject to review and action by the Planning Commission.

(3)

Multiple-lot approval. The Planning Commission may approve an application for a multiple-lot development project if it is found to conform to the standards and criteria for multiple-lot development projects set forth in this chapter and the project is determined to conform to the City's General Plan and all other ordinances and regulations of the City, and is further determined not to be detrimental to the public health, safety and welfare.

(Ord. No. 297, § 9.06.020.120, 3-20-2007)

(a)

Planning Commission findings. The Planning Commission may approve an application for a single-lot project which does not entirely conform to the standards and criteria for single-lot projects if it makes the following findings:

(1)

The project will not be detrimental to the public health, safety, or general welfare;

(2)

The project will not adversely affect the orderly development of property within the City;

(3)

The project will not adversely affect the preservation of property values and the protection of the tax base within the City;

(4)

The project will not adversely affect the goals and policies set forth in the City's General Plan;

(5)

Approval of the project will not constitute a grant of special privilege inconsistent with the limitations upon other projects and/or properties in the vicinity and zone in which the proposed project site is located;

(6)

The project will not create a nuisance, hazard or enforcement problem within the neighborhood or the City or require the City to provide an unusual or disproportionate level of public services;

(7)

The project will not encourage development inconsistent with the character or the existing development within the neighborhood; and

(8)

There are special conditions or unique characteristics of the subject property and its locations or surroundings which justify relaxation of one or more of the standards set forth in this chapter to permit project development.

(b)

Appeals. The Planning Commission's decision may be appealed in the manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.06.020.140, 3-20-2007)

(a)

Planning Commission findings. The Planning Commission may approve an application for a multiple-lot project which does not entirely conform to the standards and criteria for multiple-lot development set forth in this chapter if the findings enumerated in Section 9.97.130(a)(1) through (8) are made and if the Commission finds that the project is generally consistent with the City's General Plan and the policies, standards and criteria enunciated herein.

(b)

Appeals. The Planning Commission's decision may be appealed in the manner set forth in Chapter 16 of this title.

(Ord. No. 297, § 9.06.020.150, 3-20-2007)

Further, in extraordinary circumstances, where development sites are not generally visible from surrounding development, where the Commission finds that significant open space benefits could be granted to the community and where the findings enumerated in Section 9.97.130(a)(1) through (8) can be made, the maximum grading standards embodied in this chapter may be exceeded and density standards regulating units per acre, notwithstanding any provisions of this title, may be relaxed as part of a total, integrated multiple-lot development program. In no instance, however, shall the final approved project densities be inconsistent with General Plan land use densities for the project site or with existing surrounding development in terms of lot size.

(Ord. No. 297, § 9.06.020.160, 3-20-2007)

In recognition of the difference in character between single-lot development projects and potentially more flexible multiple-lot development projects, where impacts can be mitigated by distribution over a wider scale, in addition to the general standards set forth in Sections 9.97.170 and 9.97.180, this section sets forth separate standards and criteria for judging single-lot and multiple-lot hillside development projects.

(1)

Erosion, subsidence and drainage. Both the single-lot and multiple-lot hillside development projects pose unusually high exposures to fire and flood runoff, land slippage and erosion hazards. It is the City's intent to minimize to the fullest extent possible any such exposure. Consequently, all single-lot and multiple-lot hillside development project designs shall incorporate the following features:

a.

Debris retention and accommodation. Where applicable, lot design and the location of proposed improvements shall permit accommodation of debris from potential land slippage and/or erosion without damage to improvements and with access to a street to provide for cleanup and removal.

b.

Runoff retention and accommodation. Passage for bulked-flow runoff shall be provided to a safe point of discharge such as a street, channel or debris basin, in a manner that damage to improvements or slopes will not result. Natural stream gradients should not be flattened.

c.

Overflow. An emergency overflow route for flood and debris flows which exceed the design capacity of planned drainage, flood control and debris facilities and devices shall be provided. Overflow routes shall direct overflows away from slopes and improvements and toward safe points of discharge.

(2)

Hillside parking. Any development subject to the hillside development standards shall provide and maintain, in addition to the minimum off-street parking required by Section 9.103.030, a minimum of two uncovered off-street parking spaces readily accessible from the street from which access to the site is derived. These off-street parking spaces may not be developed in tandem with the required parking spaces. The intent of this requirement is to relieve parking congestion along narrow hillside streets to allow for adequate traffic circulation and access by emergency vehicles.

(Ord. No. 297, § 9.06.020.170, 3-20-2007; Ord. No. 316, § 5(A), 4-20-2010)

Single-lot hillside projects shall conform to the following standards as provided for in Section 9.97.130 (Exceptions). Any project which does not entirely conform to these standards can only be approved if the specific findings previously enumerated are made by the Planning Commission.

(1)

Grading standards.

a.

Vertical cuts, main building. The vertical height of any finished cut slope created for the purposed of developing a residential dwelling site shall be limited to the height of the proposed structure or to a maximum of 20 feet, whichever is less. The lateral extension (width) of the finished cut slope shall not exceed the maximum width of the house by more than 20 feet. The intent of this standard is to require the location of the proposed structure on any project site to be such that maximum concealment of a created cut slope is accomplished. In accordance with the provisions of the City's building code, no cut slope may have a finished grade of greater than 2:1 (50 percent); except that the grade of a finished cut slope may exceed 2:1 (50 percent), but may not exceed 12:1 (67 percent) upon approval of an engineering soils or geology report demonstrating stability of such slope to the satisfaction of the City Engineer.

b.

Vertical cuts, accessory structures. The vertical height of any finished cut slope created for the purpose of developing a site for a use or structure accessory to a residential dwelling unit shall be limited as follows:

1.

Accessory buildings. If any accessory structure other than a swimming pool or tennis or similar court is proposed, and such proposed accessory structure will be permanent and requires issuance of a building or other related permit by the City, a finished cut slope may be created to enable development of such structure, subject to the limitation that the vertical height of such cut slope shall not exceed the height of the proposed structure; except that in no instance shall such slope exceed a vertical height of 20 feet. The purpose of this standard is to provide for maximum concealment of the cut slope by the proposed structure.

2.

Accessory pools and courts, etc. For the purpose of developing a site for a tennis or similar court, swimming pool, corral or other accessory use to a residence, the vertical height of any finished cut slope shall not exceed eight feet and the lateral extension (width) of the finished cut shall not exceed 60 feet overall or 12 feet more than the width of the court, pool or corral, whichever is less. Provisions shall be made for revegetating such cut slopes.

c.

Fill slopes; design requirements. The vertical height of all finished fill slopes shall not exceed 30 feet. The slope grade shall not exceed 2:1 (50 percent) at any point; except that the grade of a finished slope may exceed 2:1 (50 percent), but may not exceed 12:1 (67 percent) upon approval of an engineering soils or geology report demonstrating stability of such slope to the satisfaction of the City Engineer. No portion of a fill slope greater than ten feet in vertical height shall extend laterally more than 60 feet without curving or undulating in a fashion simulating natural topographical conditions.

d.

Slope design, general. The outside corners and edges of any cut slope or fill slope shall be rounded with a convex radius of not less than 25 feet, and where a cut slope or fill slope meets natural grade, such slope shall be blended into the natural grade with a concave radius of not less than 25 feet, except that both the top and the bottom of any cut slope or fill slope shall be rounded with a radius of not less than five feet at each extremity.

e.

Vertical cuts; roadways and driveways. Where a cut is made for a driveway or roadway, provisions shall be made for revegetating all cut slopes adjacent to public roadways and private driveways.

f.

Slope landscaping. All cut and fill slopes shall be planted with sufficient vegetation to enable total coverage of exposed slope face within three years after final grading. The City may require installation of a permanent irrigation system. The plant palette on such slopes should blend as much as possible with the natural plant palette, consistent with regulations established for public safety by the City and by the County Fire Department. Insofar as trees and shrubs may be employed in a manner consistent with this intent, such plantings are encouraged.

g.

Compliance with other regulations. All other City regulations and code requirements pertaining to grading shall also apply, unless specifically in conflict with the requirements set forth herein.

(2)

Access driveways.

a.

Private driveway design. For private driveways in excess of 150 feet in length serving one dwelling unit, the minimum graded and paved width shall be 15 feet. For private driveways in excess of 150 feet in length serving more than one dwelling unit, the minimum graded and paved width shall be 20 feet. The number of dwelling units to be served by a driveway shall not exceed three, except with specific review and approval of the Planning Commission.

b.

Private driveway design waiver. Minimum driveway widths required by this section may be waived by the City Council or the Planning Commission, if:

1.

Unusual circumstances. It is determined that unusual circumstances exist which would render enforcement of this section inconsistent with the intent of this chapter;

2.

Lot configuration. On a flag lot created prior to the effective date of the ordinance from which this chapter is derived, the fire access strip provided is less than the required width specified above; or

3.

Minimum width. Waiver of required driveway widths as specified herein would not result in potential jeopardy to the health or safety of any person. Under no circumstances, however, shall any driveway access in excess of 100 feet be approved which does not have a graded and paved width of at least ten feet.

c.

Private driveway grade. The finished grade of any driveway shall not exceed 15 percent.

(3)

Other standards.

a.

Viewscape impacts. Proposed building sites and/or structures shall not detrimentally impact an important ridgeline, knoll, watercourse, streambed or major viewscape within the City, or intrude into a viewline of an important environmental resource; and

b.

Consistency with other standards. The proposed development shall be consistent with all other building and development code standards of the City.

(Ord. No. 297, § 9.06.020.180, 3-20-2007)

(a)

Grading standards. Unless excepted as provided for in this chapter, all multiple-lot projects must conform to the grading standards set forth in Section 9.97.170 for single-lot projects; except that the width limitation imposed upon cut slopes for single-lot projects shall not apply to multiple-lot projects. However, all finished cut slopes created for multiple-lot projects shall be planted and contoured to present an undulating or natural appearance and shall be made to blend with natural grade.

(b)

Access driveways. The access standards set forth for single-lot projects shall also apply to multiple-lot projects; except that such additional standards as set forth herein shall also apply:

(1)

Street width. The minimum street width for local and cul-de-sac streets (those streets used primarily to serve abutting property) shall be 30 feet from curb facing to curb facing, in a 50-foot right-of-way; except that this 50-foot right-of-way requirement may be waived and a lesser width prescribed by the Planning Commission as it determines is appropriate.

(2)

Cul-de-sac design. No cul-de-sac street or other single-entry access shall have a roadway radius of less than 32 feet at the terminus.

(3)

Street improvements. Curbs and gutters, of a design to be determined by the City Engineer, shall be required improvements for all proposed public streets. Sidewalks will not be required in most circumstances.

(4)

Street grade. The finished grade of any dedicated public street or private street shall not exceed 15 percent; except that, for any public or private street having a finished grade in excess of ten percent, the Planning Commission must make a finding that such road grades are necessary to meet the goals and objectives of the adopted General Plan and that no reasonable alternative is available. In exceptional circumstances, at the discretion of the Planning Commission, a road grade of 20 percent may be created for a limited distance. The purpose of such exception, however, shall only be to provide access to desirable development sites in difficult terrain where no other reasonable access is possible.

(c)

Hillside lot design and lot size. The average density of any proposed multiple-lot hillside project shall be no greater than the underlying zoning subject to the following design and lot size criteria:

(1)

In an area where the average percent slope is 50 percent or greater, the minimum size of a newly created lot shall be two times the area required by the underlying zoning.

(2)

In an area where the average percent slope is 35 percent but not greater than 49.9 percent, the minimum size of a newly created lot shall be 1.5 times the area required by the underlying zoning up to a maximum required lot size of five acres.

(3)

In an area where the average percent slope is 25 percent but not greater than 34.9 percent, the minimum size of a newly created lot shall be 1.34 times the area required by the underlying zoning up to a maximum required lot size of five acres.

(4)

The Planning Commission and/or the City Council may decrease the minimum size of newly created lots, subject to a finding that all other conditions of this title are met and that such action meets the goals and objectives of this title and the General Plan.

(5)

The minimum ratio of lot depth to width shall be 2½:1, whenever possible. Flag lots shall be permitted subject to the following findings:

a.

The proposed lot design offers an opportunity to minimize cut and fill which would otherwise be required to create a building site;

b.

The proposed lot design will take advantage of a natural building site;

c.

The proposed lot will not impinge upon the privacy of any other home or home site in proximity to it.

(d)

Other standards.

(1)

Open space; dedication of development rights. The City shall require dedication of development rights for all proposed open space parcels that are part of multiple-lot subdivisions of land;

(2)

Viewscape impacts. Proposed building sites and structures shall not detrimentally impact important ridgelines, knolls, watercourses, streambeds or major viewscapes within the City, or intrude into a viewline of an important environmental resource; and

(3)

Consistency with other standards. The proposed development shall be consistent with the City's General Plan and with all other building and zoning standards of the City.

(Ord. No. 297, § 9.06.020.190, 3-20-2007)

(a)

Generally. The hillside development standards and guidelines are intended to ensure the appropriate management of hillside areas. The standards are requirements for the use, development, or alteration of land in hillside areas. The guidelines are to be utilized to provide direction to encourage development that is sensitive to the unique characteristics common to the hillside areas. The guidelines shall be used by the Commission in evaluating development proposals.

(b)

Exceptions.

(1)

Planning Commission findings. Exceptions to the standards in this chapter may be approved when the Planning Commission determines that the exceptions would not materially affect the intent of the standards and guidelines. In approving a development permit, the Commission shall make appropriate findings supporting its determination to deviate from the standards.

(2)

Cooperative projects. Where development is proposed for a parcel that adjoins one or more vacant, developable parcel or parcels, cooperation of the respective property owner is encouraged in the planning of the road network, utilities plan, and open space network for the area as a whole. The City may consider variations from the strict application of the provisions of this chapter as may be needed to achieve cooperation among all contiguous property owners to the extent that the variations may better achieve the objectives of this chapter.

(c)

Hillside landform design concepts. Incorporation of the basic principles of the landform grading and revegetation concept in the design and construction of hillside development projects is required so that they will be in harmony with the natural topography and reflect existing plant distribution patterns. The general principles of landform grading and revegetation include the following elements:

(1)

Landform design concept. The basic land plan flows with the natural topography rather than against it. This means that street patterns and building pad configurations follow the underlying topographic features rather than cutting across them.

(2)

Visible slopes. All manufactured cut and fill slopes exceeding nine feet in height that will be either exposed to permanent public view or are adjacent to environmentally sensitive areas, shall be designed with features characteristic of natural slopes so that their ultimate appearance will resemble a natural slope. This includes slopes along streets and highways, slopes adjacent to parks, schools, open spaces, and other public facilities, and other prominent and highly visible slopes. Side yard slopes and low (less than 20 feet in height) rear yard slopes whose view is blocked by future structures need not have landform design applied. Slope drainage devices (e.g., down drains and interceptor drains) shall be designed so that they are built into the natural slope features and become hidden from view.

(3)

Drains. Terracing and the associated concrete drainage devices (e.g., terrace drains, down drains and interceptor drains) distract from efforts to give cut and fill slopes a natural appearance and are therefore discouraged.

(4)

Landscaping. Landscaping shall not be applied in a conventional pattern, but in patterns resembling natural plant distribution. Trees or shrubs shall be clustered in the swaled (concave) components of the slope along with ground cover. Ground cover, only, should be applied to the protruding (convex) portions.

(d)

Slope categories. The following are standards for hillside slopes in areas that will not be landform graded. These standards ensure that development will complement the existing character and topography of the land. The standards for one category may be applied to limited portions of the site in an adjacent category when a project is developed on a site with more than one slope category.

(e)

Landform grading techniques. The following standards define basic grading techniques that are consistent with the intent of this chapter and avoid unnecessary cut and fill. Limitations on project grading amounts and configurations will be decided on a case-by-case basis by the Planning Commission. Landform grading design standards include:

(1)

Ridgeline cuts. When convex shaped natural features (e.g., protruding ridgelines) are cut, the residual landform shall not be a flat slope face, but rather should be restored to resemble the original. This will require more than just rounding at the edges but, in effect, reconfiguring it so the final result will give the appearance of a protruding ridgeline. It should be noted that existing significant ridgelines are not to be altered.

(2)

Canyon fills. Fill slopes shall not be placed perpendicular across a canyon. Straight line cut off fill slopes shall not be made to appear like a dam. The terminus of the fill shall be concave in shape to restore the canyon appearance. Thin concave configuration shall be in combination with the use of substantially flatter slope ratios (4:1, 3.5:1, 3:1) at or near the center of this indentation. Symmetrical or unsymmetrical concave configurations shall be used depending upon the adjoining or underlying topographic characteristics.

(3)

Transition areas. Minimal rounding at the edges of cut and fill slopes shall not be allowed. Proper transitioning to natural slopes shall be achieved through the use of radii or irregular curvilinear shapes that will blend into the adjoining topography tangentially and not create abrupt changes.

(f)

Hillside landform grading standards.

(1)

Slope grades. Finished slopes shall not be created greater than 50 percent (2:1) except adjacent to a structure where the maximum created slope is limited to 67 percent (1.5:1) or less.

(2)

Phased grading. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Top soil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible.

(3)

Revegetation. Revegetation of cut and fill slopes shall occur within three months of grading completion.

(4)

Erosion control. Grading operations shall be planned to avoid the rainy season (October 15 to April 15). Grading permits may be issued any time of year when a plan for erosion control and silt retention has been approved by the City Engineer.

(5)

Permits required. Excavation or other earth disturbance shall not be allowed on a hillside area prior to the issuance of a grading permit with the exception of drill holes and exploratory trenches for the collection of geologic and soil data. Exploratory trenches and access roads should be properly backfilled and erosion treatment and revegetation provided.

(6)

Building placement. No point on any structure subject to the provisions of this chapter shall be closer to a prominent ridge than 100 feet measured vertically on a cross section. In no case shall the roofline or any other portion of a structure extend above the line of sight between a ridge line and any public or private right-of-way, whether the ridgeline is above or below the right-of-way.

(7)

Retaining walls. Retaining walls associated with lot pads shall not exceed four feet in height. Where an additional retained portion is necessary due to unusual or extreme conditions (e.g., lot configuration, steep slope, or road design), the use of terraced retaining structures shall be considered on an individual lot basis. Terraced walls shall be separated by a minimum of four feet with appropriate landscaping. Terraced retaining walls shall not be used as a typical solution within a development and shall be limited to review and approval by the Planning Commission.

(g)

Grading guidelines.

(1)

Slope location. Where possible, graded areas should be designed with manufactured slopes located on the uphill side of structure, thereby hiding the slope behind the structure.

(2)

Terraced walls. Terraced retaining structures up to four feet in height may be utilized when separated by a minimum of four feet and appropriate landscaping.

(3)

Side yard retaining walls. On lots sloping with the street, and other configurations not discussed above, one retaining wall, not to exceed 42 inches in height, may be used in a side yard where necessary.

(4)

Building retaining walls. Retaining walls that are an integral part of the structure may exceed four feet in height; however, their visual impact shall be mitigated through contour grading and landscape techniques.

(5)

Project design factors. The following factors shall be taken into consideration in the design of a project:

a.

Slope rounding. When space and proper drainage requirements can be met with approval by the City Engineer, rounding of slope tops and bottoms shall be accomplished.

b.

Slope screening. When slopes cannot be rounded, vegetation shall be used to alleviate a sharp, angular appearance.

c.

Slope transition. A rounded and smooth transition shall be made when the planes of manmade and natural slopes intersect.

d.

"Sliced" slopes. When significant landforms are "sliced" for construction, the landforms shall be rounded to blend into natural grade.

e.

Slope variation. Manufactured slope faces shall be varied to avoid excessive flat-planed surfaces.

(6)

Slope height. No manufactured slope shall exceed 30 feet in height between terraces or benches.

(7)

Cut/fill variation. Where cut or fill conditions are created, slopes would be varied rather than left at a constant angle which may be unstable or create an unnatural, rigid, "engineered" appearance.

(8)

Slope angles. The angle of any graded slope should be gradually adjusted to the angle of the natural terrain.

(9)

Slopes adjacent to roadways. Manufactured slopes adjacent to roadways shall be consistent with the landform grading and revegetation technique to create visually interesting and pleasing streetscapes.

(h)

Drainage standards. Where a conflict exists between the provision of this section and the grading provisions of the building code applicable to the project, the drainage, soils and geology provisions of this title shall prevail, unless, in the opinion of the City Engineer, the provisions of this section do not meet sound engineering standards.

(1)

Drainage elements. Debris basins, riprap, and energy dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken. Except for necessary flood control facilities, significant natural drainage courses shall be protected from grading activity. In instances where crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks.

(2)

Drains. Terrace drains, where required, shall follow landform slope configuration. Down drains shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. In this manner, they will be built into the overall landform of the slope.

(3)

Runoff control. Building and grading permits shall not be issued for construction on any site without an approved location for disposal of runoff waters (e.g., a drainage channel, public or private street or alley, or private drainage easement).

(4)

Cross lot drainage. The use of cross lot drainage shall be subject to Planning Commission review and may be approved after demonstration that this method will not adversely affect the proposed lots or adjacent properties, and that it is absolutely required in order to minimize the amount of grading which would result with conventional drainage practices. Where cross lot drainage is utilized, the following shall apply:

a.

Project interiors. One lot may drain across one other lot if an easement is provided within either an improved, open V-swale gutter, that has a naturalized appearance, or within a closed drainage pipe that shall be a minimum of 12 inches in diameter. In both cases, an integral wall shall be constructed. This drainage shall be conveyed to either a public or private street or to a drainage easement. If drainage is conveyed to a private easement, it shall be maintained by a homeowners' association; otherwise the drainage shall be conveyed to a public easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

b.

Project boundaries. On-site drainage shall be conveyed in an improved open V-swale, gutter, which has a naturalized appearance, or within an underground pipe in either a private drainage easement, which is to be maintained by a homeowners association, or it shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

(i)

Drainage guidelines.

(1)

Drainage device location/design. Where possible, drainage channels should be placed in inconspicuous locations and, more importantly, they should receive a naturalizing treatment, including native rock, colored concrete and landscaping, so that the structure appears as an integral part of the environment.

(2)

Natural drainage courses. Natural drainage courses should be preserved and enhanced to the extent possible. Rather than filling them in, drainage features should be incorporated as an integral part of the project design.

(j)

Site design standards. The dimensions of a structure parallel to the direction of the slope shall be maximized in order to limit the amount of cutting and filling.

(k)

Site design guidelines.

(1)

Building design. Design of building sites should be sensitive to the natural terrain. Structures should be located in ways as to minimize necessary grading and to preserve natural features (e.g., knolls or ridgelines).

(2)

Viewscape preservation. Views of significant visual features as seen from both within and outside a hillside development should be preserved. The following provisions shall be taken into consideration:

a.

Building orientation. Dwellings should be oriented to allow view opportunities, even if views are limited. Residential privacy should not be unreasonably sacrificed.

b.

Public vistas. Any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected and enhanced where feasible.

(3)

Building setbacks. Projects should incorporate variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents.

(l)

Evaluation of hillside development applications. The Planning Commission shall evaluate hillside development applications based on the following objectives:

(1)

Preservation of natural features. The preservation of natural topographic features and appearances by means of landform grading so as to blend manmade or manufactured slopes into the natural topography;

(2)

Terrace restrictions. The preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites;

(3)

Natural drainage preservation. The retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas;

(4)

Landmark preservation. The preservation and enhancement of prominent landmark features, significant ridgelines, natural rock outcroppings, protected trees and woodlands, and other areas of special natural beauty;

(5)

Building design variation. The utilization of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain;

(6)

Building arrangement. The utilization of building designs, location, and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection;

(7)

Landscaping design. The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction within the hillside areas;

(8)

Street/access design. The utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillside.

(Ord. No. 297, § 9.06.020.200, 3-20-2007)

The purpose of this chapter is to provide minimum standards for the construction and installation of fences, hedges, walls and courts.

(Ord. No. 297, § 9.06.030.010, 3-20-2007)

From and after the effective date of the ordinance from which this chapter is derived, no court, fence, hedge, wall or retaining wall shall be built, erected, constructed, enlarged, relocated or structurally altered except in conformity with the provisions of this chapter.

(Ord. No. 297, § 9.06.030.020, 3-20-2007)

The following words and phrases, when used in the chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

Corner lot means a lot or parcel of land situated at the junction of and abutting on two intersecting streets.

Court means a tennis, handball, badminton, volleyball, racquetball and sport court.

Fence means an enclosing structure made of wire, wood, metal, masonry or other materials, having uniformly spaced openings in its vertical surface with a total area of openings equal to 40 percent or more of the total vertical area of the structures. Typical fences are wire fences, ornamental iron fences, wood picket fences, wood lattice fences, wood rail fences and masonry block or brick fences.

Finished ground surface means the ground surface within a yard which has been surfaced with concrete, brick, stones, bituminous materials, crushed rock, gravel, sand or similar materials, or on which grass, flowers, shrubbery or trees have been planted, or which has been graded in preparation for surfacing or planting.

Front yard means a yard between the front line of the lot and the front line of the main building and which extends across the entire width of the lot; provided, however, that upon vacant property the front yard shall be the yard between the front line of the lot and the front yard setback line ascribed to such lot, and which extends across the entire width of the lot.

Lot means a parcel of land recorded as a lot or otherwise approved by the City Council as a building site for the construction of one main building.

Rear yard means a yard between the rear line of the lot and the rear line of the main building which extends across the entire width of the lot. Where a public alley exists at the rear lot line, one-half, but not to exceed ten feet, of such alley may be considered to be a portion of such rear yard; provided, however, that upon vacant property the rear yard shall be the yard between the rear line of the lot and the rear yard setback line ascribed to such lot, and which extends across the entire width of the lot.

Required yards means those portions of a lot or building site upon which no portion of a main building is permitted to be constructed by the provisions of this title, relating to zoning.

Retaining wall means a structure made of wood, metal, masonry or other materials designed to withstand pressure exerted by earth or by water or by both.

Side street line of a corner lot means the side line of a corner lot along the side of the lot abutting on a street.

Side yard means a yard between the side line of the lot and the side line of the main building and which extends from the front yard to the rear yard; provided, however, that upon vacant property the side yard shall be the yard between the side line of the lot and the side yard setback line ascribed to such lot, and which extends across the entire width of the lot.

Yard means that portion of the same lot or building site upon which a building is situated, which remains open and unoccupied except by stairways, porches, landing places, cornices, canopies, eaves, chimneys, fireplaces, detached accessory buildings and garages.

Yard wall means an enclosing structure made of wood, metal, masonry or other material, having openings in its vertical surface with a total area of openings equal to less than 40 percent of the total vertical area of the structure. Typical yard walls are wood panel walls, grapestake walls, plastic-screen walls, monolithic concrete walls and masonry block or brick walls. Any fence covered or partially covered with any view-obscuring material shall be considered a wall for the purpose of this chapter.

(Ord. No. 297, § 9.06.030.030, 3-20-2007)

Except as otherwise provided herein, no court fence, hedge, yard wall or retaining wall shall be erected, constructed or maintained, or permitted to be erected, constructed or maintained, unless it conforms with the following regulations:

(1)

Height abutting public or private street. Hedges, yard walls and retaining walls within the yard abutting public or private streets shall not exceed three feet in height. Fences within the yard abutting public or private streets shall not exceed six feet in height. Fences may be located on top of yard walls or retaining walls within the yards abutting public or private street areas, provided the height of the yard wall or retaining wall does not exceed three feet and the total combined height thereof does not exceed six feet.

(2)

Height not abutting street. Fences, hedges, yard walls and retaining walls within the required rear yard shall not exceed six feet in height.

(3)

Court fences. Notwithstanding any other provisions hereof, a tennis, handball, badminton, volleyball, racquetball and sport court may be enclosed by a wire fence not exceeding 12 feet in height; provided that no part of such court fence shall be constructed within the required side yard or within 25 feet of any street or alley.

(4)

Windscreens. Windscreens of plastic, canvas or similar material may be attached to the fence enclosing a tennis court, provided such windscreens do not extend to a height greater than six feet above the finished surface of the court. However, where the entire tennis court is located 25 feet or more from all property lines, the windscreens may extend to the height of the court fence.

(5)

Entrance gate height. Within the agricultural/residential zones open iron type gates may be installed, provided that the height of such gates does not exceed seven feet and provided that such gates are located at least 20 feet from the closest property line or street easement line. For properties within the A-5 zone, open iron type gates and the columns to which they are attached may be installed up to a height that does not exceed two feet higher than the adjacent fence provided that such gates and columns are located at least 25 feet from the closest property line or street easement line.

(6)

Fence height modification. The Planning Commission may modify the maximum height of fences and gates in the A-1, A-2 and A-5 zones which do not entirely conform to the standards and criteria for fences and gates provided that it makes all of the findings set forth in Section 9.97.130.

(7)

Fence height exceptions. Fence heights in the following locations may exceed six feet, but shall not exceed eight feet in height:

a.

Rear yards on the south side of Gardi Street; and

b.

Properties within the A-5 zone.

(Ord. No. 297, § 9.06.030.040, 3-20-2007; Ord. No. 391, § 1, 4-16-2024; Ord. No. 394, § 1, 6-17-2025)

(a)

Height. The height of any retaining wall shall be defined as the height of its exposed vertical surface. The maximum height of a retaining wall shall not exceed that which is specified in Section 9.100.040.

(b)

Structural design. The structural design of retaining walls shall conform to the requirements of the applicable provisions of the building code.

(Ord. No. 297, § 9.06.030.050, 3-20-2007)

The height of any fence, hedge or yard wall at any point shall be defined as the difference in elevation measured between the top of the fence, hedge or yard wall and the finished ground surface at a point one foot from the fence, hedge or yard wall measured at right angles from the lot side (i.e., the side with the greatest exposed surface).

(Ord. No. 297, § 9.06.030.060, 3-20-2007)

(a)

Weep holes or openings. All fences, yard walls and retaining walls shall have weep holes or similar type openings of not less than three square inches each at intervals not more than ten feet apart, so located as to permit the natural flow of surface drainage water.

(b)

Indentations. Any fence or yard wall exceeding a length of 60 feet along any single public or private street shall remain permanently covered with continuous vegetation, or in the alternative shall have indentions in its structure of a width of 48 inches and a depth from the edge of public right-of-way or private road easement of not less than 48 inches, commencing every 50 feet from the start of the structure or the nearest edge of the preceding indention.

(c)

Smooth and barbed wire fences. No smooth wire shall be used for fencing in the City other than as a topping for a permitted fence, wall or structure five feet or more in height above ground level. No barbed wire shall be used for fencing within the City except where a conditional use permit is obtained therefor in accordance with the procedures established in Chapter 49 of this title.

(d)

Electrically charged wire fences. No electrically charge fence shall be erected, constructed or maintained in the City except where located four feet or more from any property line; said electrically charge fence must be located totally within another fence and set back at least two feet within said fence. Warning signs shall be conspicuously posted and maintained on any side of the property where electrically charged fencing is used.

(e)

Wrought iron fences. Only wrought iron type fences without points, sharp finials, spikes or sharp edges on the top or end of any vertical bar, shall be permitted. The spacing between vertical bars shall not exceed six inches. Points, finials, spikes and sharp edges means any end of a vertical bar that is capable of causing or is likely to cause injury to persons, pets or undomesticated animals.

(f)

Vision clearance, corners and intersections. All corners and intersections of streets, roadways, driveways, sidewalks, trails, and any other paths-of-travel shall maintain, for safety vision purposes, triangular areas at the intersection formed by the lines of the intersection extending 20 feet in length, measured from the aforementioned intersection, with the third sides that form the triangles being straight lines connecting the intersection lines at the points which are distant 20 feet from the points of intersection. Within the area comprising said triangles, any tree, fence, wall, shrub, hedge, building, or other physical obstruction that may be installed shall be and shall be maintained at heights no higher than three feet above the lowest adjacent grade or roadway/path-of-travel level, whichever is the lower. At sloped areas, grading may be necessary to provide the required vision clearance.

(g)

Effect of chapter on other ordinances. No provision of this chapter shall be deemed to mitigate any of the provisions of the building code nor to conflict with any other applicable requirements of this title.

(h)

Building permit required.

(1)

Permit required. No person shall build, erect, construct, enlarge, relocate or structurally alter any fence, yard wall or retaining wall in the City, or cause or direct such work, without first having obtained a permit therefor from the Building Department.

(2)

Application; fee. Written application for the permit required by Subsection (h)(1) of this section shall be made to the Building Department on a printed form supplied by the Department and shall be accompanied by the payment of a permit fee as specified in the building permit fee schedule for the City currently in effect.

(3)

Issuance or denial of permit. Upon receipt of the application and the required fee, the Building Inspector shall examine the application and if the Building Inspector finds therefrom that the proposed fence or wall conforms with the requirements of this chapter, the Building Inspector shall issue a permit. If, on the other hand, the Building Inspector finds that it does not so conform, the Building Inspector shall deny the permit.

(Ord. No. 297, § 9.06.030.070, 3-20-2007; Ord. No. 366, § 4, 10-15-2019)

Any nonconforming fence, hedge, yard wall or retaining wall lawfully erected, constructed or maintained prior to the effective date of the ordinance from which this chapter is derived shall be classified as nonconforming and shall be subject to all applicable provisions concerning nonconforming uses as same are contained in this title; provided that all nonconforming fences, hedges, yard walls and retaining walls must immediately be brought into compliance with any safety requirements of this chapter on the effective date of the ordinance from which this chapter is derived.

(Ord. No. 297, § 9.06.030.080, 3-20-2007)

(a)

Not in front yard. No tennis, handball, badminton, volleyball, racquetball, or similar sports court shall be constructed or maintained in a front yard.

(b)

Landscape plan. A landscape plan shall be submitted and approved by the Planning Department for the areas between the court and adjacent properties.

(Ord. No. 297, § 9.06.030.090, 3-20-2007)

(a)

Exterior lighting.

(1)

Exterior lighting shall be hooded and arranged to reflect away from adjoining properties and streets. Light standards shall be a maximum of 15 feet in height and exterior light fixtures may be mounted a maximum of 15 feet above grade on any wall or structure.

(2)

The installation of exterior lighting may not, at any given to those who reside, work and travel in the City safety and welfare or economic, aesthetic and safety acts inconsistent with the health, safety and general welfare of the community.

(b)

Court lighting.

(1)

Height. Light standards shall not exceed 15 feet in height, me the finished surface of the court.

(2)

Type. Lamp shall be LED type. Lamps shall be horizontally mounted, down toward the ground, rectilinear type with sharp cutoff fixtures.

(3)

Number. Tennis courts may be lighted by a maximum of eight lamps mounted on not more than six light standards. Paddle tennis courts shall be lighted by a maximum of four lamps mounted on not more than four light standards.

(4)

Hours of illumination. No person shall turn on, leave on, or allow to be left on or turned on, court lighting during the following times: Sunday through Thursday between 10:00 p.m. and 6:00 a.m. of the following day; and Friday and Saturday between 12:00 midnight and 6:00 a.m. of the following day.

(5)

Lighting regulations. Lighting shall be hooded and arranged to reflect away from adjoining properties and streets.

(Ord. No. 297, § 9.06.030.100, 3-20-2007; Ord. No. 391, § 2, 4-16-2024)

The purpose of this chapter is to provide off-street parking standards to promote the general welfare and convenience; reduce congestion on public and private streets; ensure access for emergency vehicles and provide for attractive, secure and well-maintained off-street parking facilities.

(Ord. No. 297, § 9.06.040.010, 3-20-2007)

The uses permitted in each zone, as established in this title, shall be deemed to include the off-street parking facilities for automobiles as accessory uses to any principal permitted use in such zones. Every use permitted in any zone shall be provided with permanently maintained off-street parking facilities in accordance with the provisions of this chapter.

(Ord. No. 297, § 9.06.040.020, 3-20-2007)

(a)

The number of off-street parking spaces required for each primary single-family dwelling unit containing not more than four bedrooms shall be two parking spaces located in a garage. Primary units containing more than four bedrooms, not including a junior accessory dwelling unit, shall provide one additional off-street parking space in a garage for each increment of two additional bedrooms or rooms used for sleeping purposes.

(b)

Development projects subject to the hillside development standards shall require an additional two uncovered off-street parking spaces.

(c)

Parking for secondary dwelling units shall be as specified in Chapter 85 of this title. Except as specifically allowed in Chapter 85, tandem parking shall be prohibited.

(Ord. No. 297, § 9.06.040.030, 3-20-2007; Ord. No. 316, § 5(B), 4-20-2010; Ord. No. 373, § 4, 3-16-2021)

No off-street parking facilities shall be located or maintained in the required front yard area, and such facilities shall be located on the same lot as the use served unless otherwise provided for in this Code and as may be approved by the Planning Commission.

(Ord. No. 297, § 9.06.040.040, 3-20-2007)

Each garage required by this title shall have an area of not less than 400 square feet and a length of not less than 20 feet. Tandem parking arrangements shall not be used to provide for the minimum required off-street parking spaces. The minimum width of a required off-street parking space shall be ten feet. The minimum backup space for required off-street parking spaces shall be 26 feet as measured 90 degrees to the parking facilities.

(Ord. No. 297, § 9.06.040.050, 3-20-2007)

The following provisions shall apply throughout the City unless another section of this title applies:

(1)

Driveways. Driveways shall be paved with impervious material that is acceptable to the City Engineer. Driveways that provide access to required off-street parking facilities shall be kept free and clear of all encumbrances to ensure that they function for their intended purpose.

(2)

Access. The minimum width of access driveways for a lot with only one dwelling shall be 15 feet. The minimum width of driveways that provide access to two or more dwelling units shall be 20 feet. The maximum slope of a private driveway shall not exceed 15 percent.

a.

Maximum widths.

1.

In the R-7,500 zone, the maximum width of access driveways on-site shall be 20 feet, and the maximum width of the flat portion of access driveways within a right-of-way shall be 20 feet.

2.

In the R-20,000 zone, the maximum width of access driveways on site shall be 30 feet, and the maximum width of the flat portion of access driveways within a right-of-way shall be 20 feet.

3.

In the A-1, A-2, and A-5 zones, the maximum width of access driveways on site shall be 30 feet, and the maximum width of the flat portion of access driveways within a right-of-way shall be 25 feet.

b.

Number of driveways and circular driveways.

1.

In the R-7,500 zone, there shall be only one driveway and circular driveways are prohibited.

2.

In the R-20,000, A-1, and A-2 zones, there shall only be one driveway and circular driveways are prohibited, unless the lot has a right-of-way frontage of at least 100 feet; then along this frontage, there may be two driveways that may be connected by a circular driveway. The locations of a two-driveway design and the design of a circular driveway are subject to design review approval by the Planning Commission.

3.

In the A-5 zone, there shall not be more than two driveways along a right-of-way frontage, and a circular driveway connection shall not be within a required yard.

c.

Greater widths and additional requirements may be imposed by the Planning Commission to ensure adequate access to the site for emergency vehicles and evacuations.

(3)

Gates. Gates at the entry of private driveways shall not swing over public or private street rights-of-way. Vehicular access gates shall be located a minimum of 20 feet from the edge of public or private roadways.

(Ord. No. 297, § 9.06.040.060, 3-20-2007; Ord. No. 374, § 7, 5-18-2021)

The purpose of this chapter is to promote the orderly display of signs which are necessary for the identification and transfer of real property within all zones of the City and to provide standards in order to safeguard life, health, property and public welfare by regulating and controlling the design, construction, illumination, location and maintenance of signs as provided herein.

(Ord. No. 297, § 9.06.050.010, 3-20-2007)

The sign standards provided in this chapter are intended to apply to signs in each zoning district in the City. Only signs authorized by this chapter shall be allowed in that zoning district unless otherwise provided for by this title.

(Ord. No. 297, § 9.06.050.020, 3-20-2007)

Signs in the A-5 zone are regulated by the Bradbury Community Services District and are not subject to the provisions of this chapter. Signs in R-7,500, R-20,000, A-1, and A-2 zones are permitted only as follows:

(1)

Permanent property identification sign defined. A sign erected for the purpose of providing identification of a property name or owner or resident is permitted as follows:

a.

Either single- or double-faced;

b.

Limited to displaying the name of the property owner or the on-site resident, or "nickname" of the property, or permitted commercial tenant holding a valid business license, and the site address and a telephone number.

c.

If illuminated, a low voltage light of no more than 15 watts may be used.

d.

Unless otherwise authorized, all lots or parcels of land may have one name plate or identification sign, provided that such sign does not exceed five feet in height above the ground at its highest point and does not contain a total area greater than six square feet.

e.

Permanent property identification signs installed after the effective date of the ordinance from which this chapter is derived and located within any required setback of the property that is adjacent to a public right-of-way are subject to the approval of the Planning Commission for design compatibility (not content) review.

(2)

Permanent incidental sign defined. On-premises signs, such as an alarm sign, no trespassing sign, and no soliciting sign are allowed. Not more than three signs shall be allowed per site, and each sign shall not be greater than one square foot in area.

(3)

Temporary real estate sign defined. One non-illuminated single- or double-faced sign proclaiming "For Sale," "For Rent," "For Lease" or "Open House" may be placed a minimum of five feet inside the property line, provided that such sign does not exceed five feet in height above the ground at its highest point and shall not be greater than four square feet in area. Such sign shall be removed within 15 days after the completion of the advertised activity. Any real estate sign on a property in the City shall be limited to information regarding the property the sign is located on. Advertisements for other property or business activities constitute off-site advertising and are not permitted.

(4)

Temporary construction sign defined. No construction signs are allowed, including signs advertising the general contractor, any subcontractor, trade, or product, except that simple contact information signs and/or potential hazard warning signs that are required by law or insurance requirements, can be installed only when the contractor can provide proof as such of said laws or requirements.

(5)

Temporary political sign defined. One non-illuminated single- or double-faced sign advocating for or against an issue or candidate, or otherwise related to an election, that is not greater than six feet in height or six square feet in area provided that such sign may only be placed on the property within the period commencing 60 days prior to an election, and shall be removed within five days after that election.

(6)

Prohibited signs. Sign types that are not specifically identified in this section are prohibited, except that the City Manager may find and determine that a sign not specifically addressed herein is sufficiently similar in intent of circumstances to fall within the exemptions specified herein. The City Manager shall make a determination within seven days of the request therefor. If the City Manager denies a request to deem a sign sufficiently similar, the proponent may appeal the denial to the City Council within seven days of notice of the determination. The City Council shall hear the appeal at the next City Council meeting that is at least seven days after the date of filing of the appeal. The decision of the City Council shall be final.

(7)

Design guidelines for signs. The Planning Commission may adopt advisory design guidelines for use by the staff and applicants to provide further direction and illustration of appropriate size, height, style, materials and placement of signs.

(Ord. No. 297, § 9.06.050.030, 3-20-2007; Ord. No. 331, § 1(9.06.050.030), 10-15-2013)

Advertising signs affixed to vehicles or trailers that advertise or promote a business that are the primary purpose of the vehicle are hereby prohibited in all zones in the City. This prohibition does not apply to signs permanently affixed to the side of a business or commercial vehicle (e.g., vehicle wraps on a delivery or service vehicle) or to signs required by State or Federal law (e.g., contractor's license number).

(Ord. No. 376, § 2, 5-18-2021)

(a)

Maintenance and repair. A nonconforming sign may be continuously maintained and repaired.

(b)

Allowable changes. A nonconforming sign shall not be altered or expanded, except that the sign face or sign copy may be changed at any time as long as there is no change to the sign area or height, the angle of the sign, or its situation on the site, and the supporting structure is not removed.

(c)

Reconstruction or replacement. A nonconforming on-premises sign that is voluntarily removed or accidentally destroyed shall be replaced only with a sign which conforms with all applicable provisions of this chapter.

(d)

Amortization and correction or removal required.

(1)

Any sign defined as "permanent" under Section 9.106.030(1) and (2) that was nonconforming at the time of erection, or became nonconforming because of the provisions of this chapter and remains nonconforming, shall be allowed to remain indefinitely except as described in Subsection (c) of this section.

(2)

Any sign defined as "temporary" under Section 9.106.030(3), (4) and (5) shall be removed within 30 days of the effective date of the ordinance from which this chapter is derived.

(e)

Designated historic signs. A sign that has been designated by the City to be historic pursuant to Chapter 55 of this title shall not be considered nonconforming for the purposes of this section.

(Ord. No. 331, § 1(9.06.050.040), 10-15-2013)

The purpose of this chapter is to provide minimum standards by which the property within the City shall be maintained in order to protect the public health and welfare; safeguard life, health and property, and to preserve the character of the City.

(Ord. No. 297, § 9.06.060.010, 3-20-2007)

The property maintenance standards provided in this chapter are intended to apply to all property located in the various zoning districts within the City. The term "public right-of-way" as used herein, includes any private property within the confines of a Community Services District or Homeowners Association serving the same purpose as a public right-of-way.

(Ord. No. 297, § 9.06.060.020, 3-20-2007; Ord. No. 355, § 1, 5-15-2018)

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge or possession of any premises in the City to maintain such premises in such manner that any of the following conditions are found to exist thereon:

(1)

Unsafe buildings. Buildings or structures which are structurally unsafe or which are not provided with adequate egress or which constitute a fire hazard; or which are otherwise dangerous to human life; or which, in relation to existing use, constitute a hazard to safety or health or public welfare by reason of inadequate maintenance, dilapidation, obsolescence or abandonment. Buildings or structures maintained in violation of the City's building code;

(2)

Unsafe land. Land, the topography, geology or configuration of which, whether in natural state or as a result of grading operations, excavation or fill, causes erosion, subsidence, or surface water drainage problems of such magnitude as to be injurious to the public health, safety and welfare or to adjacent properties;

(3)

Fire hazard. Premises maintained so as to constitute a fire hazard by reason of woods, rank overgrowth or accumulation of debris;

(4)

Abandoned buildings. Buildings which are abandoned, boarded up, partially destroyed, or permitted to remain unreasonably in a state of partial construction;

(5)

Unpainted buildings. Unpainted buildings or buildings with peeling or deteriorating paint allowing the effects of sun or water to penetrate so as to cause or permit dry rot, decay, cracking, warping or termite infestation;

(6)

Hazardous windows. Broken windows constituting hazardous conditions and inviting trespassers and malicious mischief;

(7)

Fences or walls. Fences or exterior walls which are unsafe or in a state of disrepair;

(8)

Overgrown vegetation. Overgrown vegetation:

a.

Likely to harbor rats, vermin or other nuisances; or

b.

Causing detriment to neighboring properties or property values;

(9)

Hazardous vegetation. Dead, decayed, diseased or hazardous trees, weeds and other vegetation:

a.

Dangerous to public safety and welfare; or

b.

Detrimental to nearby property or property values;

(10)

Yard storage. Trailers, campers, boats, recreational vehicles, construction equipment or other mobile equipment stored or parked for more than five consecutive days, or more than ten days in any calendar year, in the yard areas abutting public or private streets;

(11)

Motor vehicles. Motor vehicles stored in required yard areas abutting public or private streets and causing or likely to cause depreciation of nearby property values which vehicles are:

a.

Inoperable;

b.

Abandoned;

c.

Wrecked;

d.

Dismantled; or

e.

Operable, but stored for unreasonable periods of time without being driven;

(12)

Unpaved parking. Any vehicle or trailer parked on unpaved areas which are not designed as driveways;

(13)

Attractive nuisance. Attractive nuisances dangerous to children in the form of;

a.

Abandoned and broken equipment;

b.

Hazardous pools, ponds and excavations; and

c.

Neglected machinery;

(14)

Discarded furniture. Broken or discarded furniture and household equipment in front yard areas or visible from the public right-of-way for unreasonable periods and causing damage or detriment to neighboring properties;

(15)

Clotheslines. Clotheslines in front yard areas;

(16)

Garbage containers. Garbage cans stored in front or side yards or visible from public or private streets, except when lawfully placed for collection at the times permitted therefor;

(17)

Boxes and debris. Packing boxes and other debris stored in yards and visible from public or private streets for unreasonable periods, and causing detriment to neighboring properties;

(18)

Neglected premises. Neglect of premises:

a.

To spite neighbors;

b.

To influence zone changes; or

c.

To cause detrimental effect upon nearby property or property values;

(19)

Public right-of-way. Conditions not comporting with safe, clean, orderly, or sanitary maintenance on or adjacent to any public right-of-way, such as:

a.

Any dirt, litter, debris, rubbish, weed or any other kind of waste or unsanitary material of any kind;

b.

Any curb cut or driveway approach, or portion thereof, which is no longer needed or which no longer provides vehicular access to the adjacent premises;

c.

Any curb, sidewalk, parkway, or driveway which is cracked, broken, or otherwise in need of repair, replacement, or maintenance;

(20)

Lack of maintenance. Maintenance of premises in such condition as to be detrimental to the public health, safety or general welfare or in such manner as to constitute a public nuisance as defined by Civil Code § 3480;

(21)

Lack of ground covering. Maintenance of designated areas lacking one or more of the following ground coverings: properly maintained vegetative growth, hardscape, or fire-resistant bark or wood mulch.

a.

Designated areas as used in this chapter shall mean and refer to areas visible from a public or private street that are:

1.

Within ten feet of a building or residence; or

2.

Larger than 225 square feet; and

3.

With a linear dimension greater than six feet.

b.

The ground covering requirement in Section 9.109.030(21) does not apply to the following areas:

1.

Driveways, walkways, ADA access paths of travel, and architectural accessories;

2.

Areas shaded by native oak or pine trees or naturally covered by mulch from such trees;

3.

Equestrian training and stabling areas regularly used for that purpose;

4.

Terrain with hillside slopes greater than 25 percent;

5.

Orchards; and

6.

Gardens in-between regular plantings.

c.

The City shall develop and maintain a list of ground coverage suggestions and a collection of model ground coverage plans to assist residents and landowners in meeting the requirements of this chapter.

(22)

Unsightly property. Property maintained in such condition as to become so defective, unsightly or in such condition of deterioration or disrepair that the same causes depreciable diminution of the property values of surrounding properties or is materially detrimental to proximal properties and improvements;

(23)

Premises out of harmony. Maintenance of premises so out of harmony or conformity with the maintenance standards of adjacent properties as to cause substantial diminution of the enjoyment, use, or property values of such adjacent properties;

(24)

Depreciated value effect. Property maintained (in relation to others) so as to establish a prevalence of depreciated values, impaired investments, and social and economic maladjustments to such an extent that the capacity to pay taxes is reduced and tax receipts from such particular area are inadequate for the cost of public services rendered therein;

(25)

Oversized vehicles. The parking of an oversized vehicle, for more than five consecutive days, or more than ten days in any calendar year, in the yard areas abutting public or private streets is prohibited; provided, however, that this provision shall not apply to the parking of a currently registered oversize vehicle in any area of the yard that the Planning Commission has determined to be appropriately located and designated for such activity. As used in this provision, the term "oversized vehicle" means a vehicle that exceeds either 20 feet in length, 80 inches in width, or 82 inches in height.

(26)

Tents, tarps and canopies. Tents, tarps, canopies or other similar membrane structures on private property, visible from any public or private street, and in place for all or any portion of three days within any 30-day period, unless otherwise pursuant to a permit or other entitlement from the City. The City Manager may issue a permit to maintain such structure fora longer period in the event of expected or ongoing inclement weather justifying same.

(Ord. No. 297, § 9.06.060.030, 3-20-2007; Ord. No. 320, § 1, 7-19-2011; Ord. No. 351, § 1, 1-16-2018; Ord. No. 355, § 2, 5-15-2018; Ord. No. 364, § 1, 9-17-2019; Ord. No. 369, § 1, 2-18-2020; Ord. No. 374, § 8, 5-18-2021; Ord. No. 392, § 1, 9-17-2024)

State Law reference— List of conditions that endanger health, safety, and welfare of occupants so as to deem the structure a substandard building, Health and Safety Code § 17920.3.

(a)

Designated areas as used in this chapter shall mean and refer to areas visible from a public or private street that are:

(1)

Within ten feet of a building or residence; or

(2)

Are larger than 225 square feet; and

(3)

With no linear dimension less than six feet.

(b)

The ground covering requirement in Section 9.109.030(21) does not apply to the following areas:

(1)

Driveways, walkways, ADA access paths of travel, and architectural accessories;

(2)

Areas shaded by native oak or pine trees or naturally covered by mulch from such trees;

(3)

Equestrian training and stabling areas regularly used for that purpose;

(4)

Terrain with hillside slopes in excess of 25 percent;

(5)

Orchards;

(6)

Gardens in between regular plantings.

(c)

The City shall develop and maintain a list of ground coverage suggestions and a collection of model ground coverage plans to assist residents and landowners in meeting the requirement of this chapter.

(Ord. No. 369, § 2, 2-18-2020)

(a)

Arranging for water and landscaping services. In the event the City Manager becomes aware that a residence is unoccupied and that water service to the property has been disconnected, the City Manager shall notify the property owner that the City will arrange for water and landscape maintenance services (hereinafter "services") to be provided to the property at the property owner's expense within seven days unless the property owner provides the City Manager with evidence prior to said date that the owner has made satisfactory arrangements for such services. If the City Manager institutes such services as the property owner's expense, the City Manager shall send a notice to the property owner so indicating and estimating the monthly cost of said services. The notice shall provide that the owner may appeal the City Manager's decision to the City Council.

(b)

Termination of services. The property owner, at any time, may request a hearing before the City Manager to show that the owner has made arrangements for providing the services. The City Manager shall provide the owner with written notice of the City Manager's decision. If the City Manager finds that the owner has made satisfactory arrangements to provide such services, the City-supplied services shall be terminated.

(c)

Appeal to City Council. The property owner may appeal to the City Council the City Manager's decision to impose services pursuant to subsection A of this Section or to continue such services pursuant to subsection B of this Section.

(d)

If the City Council declares the property a public nuisance, the City may recover its costs pursuant to the provisions of Chapter 9.115 of this Code.

(Ord. No. 355, § 3, 5-15-2018)

All projects for which a valid City permit is required or has been issued shall adhere to the following maintenance standards:

(1)

Construction materials, equipment, and portable facilities must be screened from public view.

(2)

Construction fencing may be required on any construction site. It shall not be placed in the public or Community Services District right of way. Landscaping in front of the construction fencing shall be maintained in a manner consistent with landscaping in the immediate neighborhood. The fencing and any screening material shall be maintained in good condition. Opaque, dark green screening material is preferred. It shall be tightly secured to the fencing, free of holes and graffiti and without advertising and shall be promptly removed once construction is finished. Any graffiti shall be removed within 24 hours.

(3)

Portable toilets shall be placed in the rear of the property with a minimum ten feet setback from side yard and rear yard property lines. If existing conditions prohibit access for the drop-off or the servicing of a portable toilet, the unit can be placed in the front yard provided the unit is placed no further than five feet from the front of the house and ten feet from any side property lines. The door opening shall not face either the street or an adjacent property and shall remain closed at all times. Portable toilets shall be screened from public view at all times. Portable toilets shall be serviced a minimum of twice a week. Exceptions to these requirements shall be reviewed and approved by the City Manager or designee.

(4)

Roll-off containers shall be in good condition and appearance and emptied on a regular basis. Containers shall be placed on private property unless an encroachment permit is obtained from the City Manager or designee.

(5)

All construction equipment, storage bins and portable toilets shall be kept free of graffiti.

(6)

Construction materials, equipment, or debris shall not be placed on public property unless an encroachment permit has first been granted for such placement from the City Manager or designee. Conditions may be imposed on the permit, including, but not limited to, barricades, signage, or delineators, to ensure appropriate public safety, insurance and bonds.

(7)

Any dirt or debris tracked onto streets and sidewalks shall be removed immediately. All trash and litter on the job site shall be removed from public view on a daily basis.

(8)

Construction worker vehicles and equipment shall not block public streets or sidewalks without an approved traffic control plan.

(9)

No person employed for the purposes of construction, maintenance, or repair work which requires a City permit shall enter a site on which such work will be done except during construction hours established in section 9.127.080 of this Title. The City Manager or designee may grant an exemption from this condition for good cause shown.

(10)

Existing landscaping shall be maintained in good condition in areas visible from public view, and existing trees throughout property shall be maintained. The property owner or contractor shall be responsible for mowing, trimming, weeding and irrigating these areas as needed throughout the duration of the construction project.

(11)

A waste management form/plan shall be submitted at plan check and project final whenever the scope of work includes a residential addition of 1,000 square feet or more, new construction of 1,000 square feet or more, a demolition project of 1,000 square feet or more, or a remodel improvement project of 3,000 square feet or more is proposed.

(12)

A tree protection plan shall be submitted at plan check for all established trees where any construction activity is to take place within the drip line of the canopy.

(13)

Erosion control measures are required to be installed on all projects during the rainy season (October-April) to prevent dirt, mud, and debris from flowing into the storm drain system.

(14)

A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted to the City during the plan check process for all projects which have the potential to disturb one or more acres of soil and for all projects which have the potential to disturb less than one acre but are part of a larger common plan of development that in total potentially disturbs one or more acres. Projects include soil excavation, soil grading or other construction activities where soil may be displaced during weather events or landscape water run-off.

(Ord. No. 358, § 1, 9-18-2018)

This article is enacted to mitigate the public safety or code enforcement issues that can arise when residential properties are uninhabited for extended periods of time.

(Ord. No. 356, § 1, 4-17-2018)

Authorized parties means two or more persons and/or agents that the property owner designates in writing as having authority to act on the property owner's behalf in the event of a public safety or code enforcement issue, each of whom can promptly respond after being contacted by the city regarding a public safety or code enforcement issue on the uninhabited property. The property owner can, but is not required to be, an authorized party.

Current contact information means one or more current telephone numbers for each of the authorized parties.

Promptly respond means arriving at the uninhabited property within not more than 24 hours after contact by a City representative.

Public safety or code enforcement issue means an event or observation that a representative of the city considers to pose a threat or nuisance to the uninhabited property, a neighboring property, or a neighboring resident, including, but not limited to, a call or calls for service to which city personnel respond. Examples include trespassing, property damage, fire, suspected illegal activity, compromised power or gas lines, damaged water pipes or violations listed in Section 9.109.

Uninhabited means a residential property in which no one has lived on a day to day basis for a period of 60 consecutive days or longer. Periodic visits by a third party to the property shall not constitute inhabitation.

(Ord. No. 356, § 1, 4-17-2018)

Residential property owners of residential property that is or will become uninhabited shall contact the City Hall, register the property and provide the names and current contact information for the authorized parties and such other information as City Hall shall require. This information will be maintained by City Hall and will be used solely for purposes related to this article. Once the property is registered, the property owner shall keep the list current and ensure that each person on the list qualifies as an authorized person.

(Ord. No. 356, § 1, 4-17-2018)

The City Council shall from time to time establish a fee the owner shall pay for registering an uninhabited property.

(Ord. No. 356, § 1, 4-17-2018)

The provisions of this chapter shall govern the abatement and removal of motor vehicles, or parts thereof, which are abandoned, wrecked, dismantled or inoperative. The term "motor vehicle" as used in this chapter shall be defined as set forth in Vehicle Code § 670.

(Ord. No. 297, § 9.06.070.010, 3-20-2007)

Any motor vehicle which is abandoned, wrecked, dismantled, or inoperative, or any part thereof, located on any private property or public property, not including highways, in the City is hereby declared to be a public nuisance.

(1)

Abatement. Where such motor vehicle is found to constitute a public nuisance, by reason of its condition and location, as hereinafter provided, said nuisance shall be abated and the motor vehicle, and all parts thereof, shall be removed and disposed of as provided in this chapter.

(2)

Resolution of intent.

a.

Whenever the City Council finds, upon report by the City Manager, that any motor vehicle is being maintained contrary to the provisions of this chapter, the City Council shall, by resolution, declare its intent to conduct a hearing at a public meeting to ascertain whether the same constitutes a public nuisance, the abatement of which is appropriate under the provisions of this chapter. Said resolution shall describe the vehicle involved, and the property wherein the same is located, including, but not limited to, the correct identification number and license number thereof, if any.

b.

Said resolution shall include a notice of intention to abate and remove the vehicle or part thereof as a public nuisance and shall contain a statement of the hearing rights of the owner of the property on which the vehicle is located and the owner of the vehicle. Said statement shall provide notice to the property owner that such owner may appear in person at a hearing or may present a sworn written statement denying responsibility for the presence of the vehicle on the land, with the owner's reasons for such denial, in lieu of appearing.

(3)

Notice of intention to abate. The notice of intention to abate shall be given as follows:

a.

By posting a copy of the City Council's resolution containing the notice conspicuously on the property whereon the motor vehicle is located at least ten days prior to the date of the hearing;

b.

Copies of said resolution shall be served on the owner of the land whereon the vehicle is located, whose name appears, as such, on the last equalized assessment roll, and on the last registered and legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Such notice shall be given not less than ten days prior to the date of hearing, by United States mail, certified or registered, with a five-day return requested and postage thereon prepaid. If such mailed notice is returned undelivered, the hearing shall be continued to a date not less than ten days from the date of such return; and

c.

Notice shall also be given to the California Highway Patrol of such hearing, which notice shall identify the vehicle and/or part thereof proposed for removal; such notice shall be given at least ten days prior to the date of hearing. The failure of any person to receive the notices required hereunder shall not affect the validity of any proceedings taken pursuant to this chapter.

(Ord. No. 297, § 9.06.070.020, 3-20-2007; Ord. No. 375, § 12, 5-18-2021)

(a)

Request for hearing. If the owner of the vehicle or the owner of the land on which such vehicle is located desires a hearing, said owner shall make a request to the City Clerk within ten days after the mailing of the notice of intention to abate and remove the vehicle. If the owner of land on which the vehicle is located submits a sworn written statement denying responsibility for the presence of the vehicle on the owner's land within such time period, such statement shall be construed as a request for a hearing which does not require the presence of the property owner.

(b)

Conduct of hearing.

(1)

At the hearing provided pursuant to the provisions of this chapter, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to the alleged public nuisance and the abatement thereof. Said hearing may be continued from time to time.

(2)

The owner of the land on which the vehicle is located may appear in person at the hearing, or present a written statement in time for consideration at the hearing, denying responsibility for the presence of the vehicle on the land, together with the landowner's reasons for such denial. If the City Council determines that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, the cost of abatement thereof shall not be levied against such property owner.

(c)

Notice of declaration of public nuisance. At the conclusion of the hearing, if the City Council determines that a public nuisance exists, it shall adopt a resolution declaring such motor vehicle to be a public nuisance, which shall be served in the manner as described in Section 9.112.020.

(d)

Abatement of public nuisance. After a final determination that a motor vehicle, or parts thereof, constitutes a public nuisance within the meaning of this chapter, the owner of the motor vehicle, and/or the owner of the property whereon the same is located, shall abate said public nuisance by removing the same in the time set forth in the resolution relating thereto. If such person fails to abate such public nuisance, the City Council shall direct the same to be abated by City forces or private contract in the time and manner permitted by Vehicle Code § 22660 et seq.

(Ord. No. 297, § 9.06.070.030, 3-20-2007)

Where the abatement of a public nuisance pursuant to this chapter is accomplished by the City, the provisions of Sections 9.115.080, 9.115.090, 9.115.100 and 9.115.110 shall be applicable to such proceedings.

(Ord. No. 297, § 9.06.070.040, 3-20-2007)

The provisions of this chapter shall be administered by the City Manager or other regularly salaried, full-time employees of the City, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

(Ord. No. 297, § 9.06.070.050, 3-20-2007)

Within five days after the date of removal of the vehicle pursuant to this chapter, the City Manager shall cause notice to be forwarded to the Department of Motor Vehicles identifying the vehicle or part thereof and any evidence of registration available, including, but not limited to, registration certificates of title or license plates.

(Ord. No. 297, § 9.06.070.060, 3-20-2007)

Motor vehicles or parts thereof declared to be a public nuisance pursuant to this chapter shall be disposed of in the manner provided by Vehicle Code § 22660; provided that, after a motor vehicle has been declared to be a public nuisance, and has been removed from the premises where located, the same shall not be reconstructed or otherwise made operable.

(Ord. No. 297, § 9.06.070.070, 3-20-2007)

This chapter shall not apply to:

(1)

Enclosed vehicle. A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or

(2)

Stored or lawfully parked vehicle. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer or junkyard; provided, however, that this exception shall not authorize the maintenance of a public or private nuisance as defined under provisions of law other than this chapter.

(Ord. No. 297, § 9.06.070.080, 3-20-2007)

All or any part of premises found, as provided herein, to constitute a public nuisance shall be abated by rehabilitation, demolition, or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not in any manner, however, limit or restrict the City from enforcing City ordinances or abating public nuisances in any other manner provided by law.

(Ord. No. 297, § 9.06.080.010, 3-20-2007)

Whenever the City Council finds, upon the request of the City Manager, that any premises within the City is being maintained contrary to one or more of the provisions of Chapter 109 of this title, then the City Council shall by resolution declare its intent to conduct a hearing at a public meeting to ascertain whether the same does in fact constitute such public nuisance, the abatement of which is appropriate under the police power of the City. Said resolution shall describe the premises involved by street address, referring to the street by the name under which it is officially or commonly known, shall further describe the property by giving the lot and block number thereof, shall give a brief description of the conditions contrary to the provisions of Chapter 109 of this title, and a brief statement of the methods of abatement thereof.

(Ord. No. 297, § 9.06.080.020, 3-20-2007; Ord. No. 375, § 13, 5-18-2021)

Within 30 days after the passage of said resolution by the City Council, the City Clerk shall cause to be conspicuously posted on the premises a certified copy of such resolution, and a notice of the time and place of hearing before the City Council, which said notice shall be titled "NOTICE OF HEARING" in letters not less than one inch in height and shall be substantially in the following form:

NOTICE OF HEARING

TO DETERMINE EXISTENCE OF PUBLIC NUISANCE,
AND TO ABATE IN WHOLE OR PART

Notice is hereby given that on the ___ day of ___________, ___, the City Council of the City of Bradbury passed a resolution declaring its intent to ascertain whether certain premises situated in the City of Bradbury, State of California, known and designated as ___________ in said City, and more particularly described as Lot No. ___, Tract No. ___, constitute a public nuisance subject to abatement by the rehabilitation of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Chapter 109 of Title IX of the Bradbury Municipal Code and if the same are not promptly abated by municipal authorities, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. (Reference is hereby made to Resolution No. _____, on file with the City Clerk for further particulars.)

Said alleged violations consist of the following:

Said methods of abatement available are:

All persons having any objection to, or interest in said matters are hereby notified to attend a meeting of the City Council of the City of Bradbury to be held on the ___ day of ___________, yrrule>, at the hour of _____, when their testimony and evidence will be heard and given due consideration.

Dated: This ___ day of ___________, ___.

City Clerk

(Ord. No. 297, § 9.06.080.030, 3-20-2007)

The City Clerk shall cause to be served upon the owner of each of the affected premises one copy of said notice and a certified copy of the resolution of the City Council, in accordance with the provisions of Section 9.115.050. Said notice and resolution shall be posted and served, as aforesaid, at least 15 days before the time fixed for such hearing; proof of posting and service of such notices and resolution shall be made by affidavit filed with the City Clerk.

(Ord. No. 297, § 9.06.080.040, 3-20-2007)

Service of said notice and resolution shall be by personal service upon the owner of the affected premises if such owner is found within the City limits; or if such owner is not found within the City limits, by depositing a copy of said notice and resolution in the U.S. Postal Service enclosed in a sealed envelope and with postage thereon fully prepaid. Said mail shall be registered or certified and addressed to said owner at the last known address of said owner, and if there is not known address, then in care of the property address. The service is complete at the time of such deposit. The term "owner" as used herein means any person in possession and also any person having or claiming to have any legal or equitable interest in said premises, as disclosed by a current title search from any accredited title company. The failure of any person to receive such notice shall not affect the validity of the proceedings hereunder.

(Ord. No. 297, § 9.06.080.050, 3-20-2007)

(a)

Evidence, objections or protests. At the time stated in the notices, the City Council shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from owners, witnesses, City personnel and interested persons relative to such alleged public nuisance and to proposed rehabilitation, repair or demolition of such premises. Said hearing may be continued from time to time.

(b)

Determination. Upon the conclusion of said hearing, the City Council shall, based upon such hearing, determine whether the premises, or any part thereof, as maintained constitutes a public nuisance as defined herein. If the City Council, by resolution, finds that such public nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the City Council shall order the abatement of the same within 30 days by having such premises, buildings or structures rehabilitated, repaired or demolished in the manner and means specifically set forth in such resolution.

(Ord. No. 297, § 9.06.080.060, 3-20-2007)

A copy of the resolution of the City Council ordering the abatement of said nuisance shall be served upon the owners of said property in accordance with the provisions of Section 9.115.050 and shall contain a detailed list of needed corrections and abatement methods. Any property owner shall have the right to have any such premises rehabilitated or to have such building or structures demolished or repaired in accordance with said resolution and at the property owner's own expense, provided the same is done prior to the expiration of said 30-day abatement period. Upon such abatement in full by the owner, then proceedings hereunder shall terminate.

(Ord. No. 297, § 9.06.080.070, 3-20-2007)

If such nuisance is not completely abated by the owner as directed within the designated abatement period, then the City Council may direct the City Manager to cause the same to be abated by City forces or private contract and the City Manager is expressly authorized to enter upon said premises for such purpose.

(Ord. No. 297, § 9.06.080.080, 3-20-2007)

The City Manager shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot, or parcel of land where the work is done and shall render an itemized report in writing to the City Council showing the cost of abatement and the rehabilitating, demolishing or repairing of said premises, buildings or structures, including any salvage value relating thereto; provided that, before said report is submitted to the City Council, a copy of the same shall be posted for at least five days upon such premises, together with a notice of the time when said report shall be heard by the City Council for confirmation; a copy of said report and notice shall be served upon the owner of said property, in accordance with the provisions of Section 9.115.050 at least five days prior to submitting the same to the City Council; proof of said posting and service shall be made by affidavit filed with the City Clerk. The term "incidental expenses" shall include, but not be limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, and in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. No. 297, § 9.06.080.090, 3-20-2007)

At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the City Manager, together with any objections or protests. Thereupon the City Council may make such revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted or revised, corrected or modified, shall be confirmed. The decision of the City Council on all protests and objections which may be made shall be final and conclusive.

(Ord. No. 297, § 9.06.080.100, 3-20-2007)

The total cost for abating such nuisance, as so confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a notice of lien, as so made and confirmed, shall constitute a lien on said property for the amount of such assessment.

(1)

Assessment. After such confirmation and recordation, a copy may be turned over to the Tax Collector for the City, whereupon it shall be the duty of such Tax Collector to add the amounts of the respective assessments to the next regular tax bills levied against said respective lots and parcels of land for municipal purposes, and thereafter said amounts shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.

(2)

Manner of foreclosure. After such recordation, such lien may be foreclosed by judicial or other sale in the manner and means provided by law.

(3)

Notice of lien. Such notice of lien for recordation shall be in a form substantially as follows:

NOTICE OF LIEN

(Claim of City of Bradbury)

Pursuant to the authority vested by the provisions of Chapter 115 of Title IX of the Bradbury Municipal Code, the City Manager of the City of Bradbury did on or about the ___ day of ___________, ___, cause the premises hereinafter described to be rehabilitated, or the building or the structure on the property hereinafter described to be repaired or demolished, in order to abate a public nuisance on said real property; and the City Council of the City of Bradbury did on the ___ day of ___________, ___, assess the cost of such rehabilitations, repair or demolition upon the real property hereinafter described; and the same has been paid or any part thereof; and that said City of Bradbury does hereby claim a lien on such rehabilitation, repair or demolition in the amount of said assessment, to wit: the sum of $_____; and the same shall be a lien upon said real property until the same has been paid in full and discharged of record.

The real property hereinafter mentioned, and upon which a lien is claimed, is that certain parcel of land lying and being in the City of Bradbury, County of Los Angeles, State of California, and particularly described as follows:

(DESCRIPTION)

Dated: This ___ day of ___________, ___.

City Manager of the City of Bradbury, California

(ACKNOWLEDGMENT)

(Ord. No. 297, § 9.06.080.110, 3-20-2007)

(a)

As an alternative to imposing the cost of abatement as a special assessment against the property, the City may choose instead to collect the cost of abatement by a nuisance abatement lien in accordance with the provisions of this section.

(b)

The procedure to impose a nuisance abatement lien shall be the same as specified above except that the notice sent to the property owner must be served in the same manner as service of a summons in a civil action in accordance with Code of Civil Procedure § 415.10 et seq., and the notice need not specify that the property can be sold for delinquent assessments. If, after diligent search, the owner of record cannot be found, the notice may be served by posting a copy thereof in a conspicuous place upon the property for ten days and by publication of the notice in a newspaper of general circulation pursuant to Government Code § 6062.

(c)

A nuisance abatement lien imposed pursuant to this section shall be recorded in the County Recorder's Office and from the date of recording shall have the force, effect and priority of a judgment lien.

(d)

A nuisance abatement lien imposed pursuant to this section shall specify the amount of the lien, the name of the City, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.

(e)

In the event that the nuisance abatement lien is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified in Subsection (d) of this section shall be recorded by the City.

(f)

A nuisance abatement lien and the release of the lien shall be indexed in the grantor-grantee index.

(g)

A nuisance abatement lien may be foreclosed by an action brought by the City for a money judgment.

(h)

The City may recover from the property owner any costs incurred regarding the processing and recording of the nuisance abatement lien and providing notice to the property owner as part of a foreclosure action to enforce the lien.

Nothing in the foregoing sections of this chapter shall be deemed to prevent the City Council from ordering the City Attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth herein or by administrative fines.

(Ord. No. 297, § 9.06.080.120, 3-20-2007)

One of the City's most important resources is the beauty of its natural environment. Native trees are a significant part of this environment. The purpose of this chapter is to protect and preserve these trees and, when removal is required, this chapter provides for their replacement.

(Ord. No. 297, § 9.06.090.010, 3-20-2007)

The provisions of this chapter shall apply to all zoning districts with respect to the planting, removal, and maintenance of trees.

(Ord. No. 297, § 9.06.090.020, 3-20-2007)

The following definitions shall apply to the interpretation of this chapter regarding the regulation of trees:

Diameter at breast height (DBH) means the measurement of the diameter of a specific tree trunk at 4.5 feet (1.4 m) above finished grade.

Native tree means any woody plant species indigenous to the desert, foothills or canyons of southern California prior to the California Mission Period, provided that the plant has an expected mature trunk size of six inches DBH and has an expected mature height of 15 feet or higher. Giant sequoias, redwoods (Sequoiadendron semperivirens), and dawn redwoods (Metasequoia glyptostroboides), evergreen native oaks (such as Quercus agrifolia, engelmannii), deciduous oaks (such as Quercus lobata, and kelloggii) are to be regarded as important native trees even though they have been planted by man, introduced (or possibly reintroduced) into the Southern California foothill and canyon environments.

Nuisance tree means any tree with a root system which is capable of causing damage to surrounding hardscapes or may require an area greater than is available in order to sustain healthy and vigorous growth. For purposes of this definition, no native tree may be classified as a nuisance tree. The term "nuisance tree" shall include, but not be limited to:

(1)

Any tree which is known to reproduce itself excessively, thus becoming weedlike.

(2)

Any dead, diseased, infested, leaning or dying tree on private property so near to any street as to constitute a danger to street trees, or streets, sidewalks, or portions thereof, or the life, health or safety of the public or adjoining public or private property.

(3)

Any tree on any private property or in a parkway of a type or species apt to destroy, impair or otherwise interfere with any street improvement, sidewalk, curb, approved street tree, gutter, sewer or other public improvement, including water utilities or services, or adjoining property.

(4)

Any tree or parts thereof growing upon private property, but overhanging or interfering with the use of any street, parkway, sidewalk or public place of the City which endangers the life, health, safety or property of the public.

(5)

The existence of any branches or foliage on private or public property which interferes with visibility on, or free use of, or access to any portion of any street improved for vehicular or pedestrian travel.

Orchard means an area primarily used for growing fruit trees or nut trees or any other agricultural commodity.

Prominent tree means a woody perennial plant with a trunk DBH of six inches or more, and having an expected mature height of 15 feet or higher.

Significant tree means any non-native or exotic tree with a trunk DBH of six inches or more, and having an expected mature height of 15 feet or higher, and known to survive in the southern California environment.

Tree means a woody perennial plant which usually has, but is not limited to, a single dominant trunk and has a mature height of 15 feet or more, or has a trunk diameter of four inches or more measured at 24 inches above finished grade.

Weed means a plant which is considered to be growing out of place.

(Ord. No. 297, § 9.06.090.030, 3-20-2007)

(a)

Removal or topping. No removal or topping of existing prominent and/or significant trees is permitted on a building site without prior approval of the Planning Commission. A tree preservation and landscaping plan shall be included as part of the architectural review.

(b)

Planning Commission review. If prominent and/or significant trees are to be removed or relocated prior to a future architectural review, a tree preservation and landscaping plan shall be submitted to the Planning Commission for approval separately from and prior to submission of the finalized building plans. A finalized tree preservation and landscaping plan shall be submitted along with final architectural review plans.

(c)

Landscape plan required. A revised tree preservation and landscaping plan shall be submitted in connection with application for architectural review for enlargement of existing buildings and structures. In the case of minor additions or changes to the interior of a building requiring removal or heavy trimming of existing important trees, a letter so stating may be submitted in lieu of a finalized tree preservation and landscaping plan.

(d)

Building minor additions. If no tree preservation and landscaping plan or no landscaping plans adequately covering the issue of preservation of existing trees was submitted as part of an applicable subdivision plan or earlier architectural review plan, then a tree preservation and landscaping plan shall be submitted as part of the architectural approval plans, except for the case of minor additions or interior changes.

(Ord. No. 297, § 9.06.090.040, 3-20-2007)

It shall be unlawful, and it is hereby prohibited, for any person to plant any tree which will cause distress, encroach upon an adjacent property, whether public or private, block views, sunlight, or passage of air, move, remove, destroy, cut, trim (except for seasonal trimming), top, deface, injure or replace any living tree or to cause the same to be done without first obtaining a written permit from the City Manager. This permit shall specifically describe the work to be done. It shall be unlawful to do any such work not specifically described. It shall be unlawful for any person to:

(1)

Injure trees. Damage, cut, top, carve, etch, hew or engrave, poison, or injure the bark or root system of any tree except for standard root pruning procedures;

(2)

Overwatering, etc. Allow any gaseous liquid or solid substance harmful to trees to come in contact with any part of any tree (i.e., overwatering);

(3)

Development under tree canopy. Deposit, place, store or maintain upon the ground surrounding any trees any stone, brick, concrete or other material which may impede the free passage of air, water and fertilizer to the roots of any tree.

Nothing contained herein shall prevent a public utility provider from normal maintenance of lines and underground facilities. Public utilities intending to perform tree trimming or underground work shall notify the City Manager, in writing, five working days prior to the commencement of any work and shall describe the location and nature of the work to be performed.

(Ord. No. 297, § 9.06.090.050, 3-20-2007)

Except as otherwise provided herein, no tree shall be planted, maintained or removed except in conformity with this section:

(1)

Pruning. All trees shall be maintained in a manner to promote healthy growth, reduce fire hazards or excessive blockage of views of mountains or valleys from adjoining properties or sight triangles or traffic intersections. Pruning shall not degrade or adversely affect the health of any tree. Pruning practices shall conform to the pruning standards which have been adopted by the western chapter of the International Society of Arboriculture, and/or the National Arborists Association.

(2)

Seriously diseased or dead trees. Seriously diseased or dead trees shall be treated or removed by the property owner as necessary to correct the condition or prevent the spread to trees on adjoining properties. The Eucalyptus species of tree killed by the eucalyptus longhorn beetle (ELB) must be cut down, buried or chipped. Trees which show symptoms of ELB infestation may require removal, unless adequate moisture becomes available allowing the tree to produce sufficient quantities of resin to kill all or enough of the larvae that the tree recovers from the infestation. A no-fee permit will be issued for removal of a dead or diseased tree.

(3)

Removal of native trees and/or prominent trees. No prominent tree, native tree or any other tree defined in Section 9.118.030 and/or which is of a desirable genus and species shall be removed without first obtaining a permit to do so. The City Manager shall issue such permits only after the presentation of photographs and/or drawings showing that the prominent tree is a significant health or fire hazard or has become an extremely severe detriment to the view of the mountains or valley from house sites. A 14-day waiting period is created hereby, during which time appeals to any decisions, restrictions or conditions made by the City Manager on the permit may be submitted in writing to the Planning Commission. Should an appeal be filed, the 14-day holding period is extended automatically until the next Planning Commission meeting for which the item can be placed on the agenda.

(4)

Removal of orchard trees. No orchard tree shall be removed without first obtaining a permit to do so. The City Manager shall issue such permits only after presentation of photographs and/or drawings showing that the orchard tree is a significant health or fire hazard or has become a severe detriment to the view of the mountains or valley from house sites. A 14-day waiting period is created hereby during which time appeals to any decisions, restrictions or conditions made by the City Manager on the permit may be submitted in writing to the Planning Commission. Should an appeal be filed, the 14-day holding period is extended automatically until the next Planning Commission meeting for which the item can be placed on the agenda.

(5)

Removal of nuisance trees. No nuisance tree may be removed without first obtaining a permit to do so. The City Manager shall issue such permits only after presentation of photographs and/or drawings showing that the subject tree has a root system that is causing damage to surrounding hardscape, is interfering with the use of street, parkway, sidewalk, curb, street, gutter, sewer or other public improvements or utilities, including water utilities or services, is interfering with an adjoining property, is a significant health or fire hazard or has become a severe detriment to the view of the mountains or valley from house sites. No waiting period is required for removal of nuisance trees. To preserve public safety and reliability in the construction, operation and maintenance of overhead and underground electric lines and facilities, public utilities are exempt from the provisions, requirements and restrictions of this section.

(Ord. No. 297, § 9.06.090.060, 3-20-2007)

Any person responsible for the illegal removal of or damage to trees shall be required to restore the tree by replanting a tree of equal size, significance, and prominence. The City Manager shall notify by first class mail or personal service all persons whom the City Manager determines are responsible for the removal of or damage to the tree of the violation and order restoration. Any person aggrieved by the determination of the City Manager may appeal the determination to the City Council within 15 days of receipt of the notice. The City Council shall set the matter for hearing and give notice to the person who appeals of the time and place set for the hearing. Following the hearing, the City Council shall make its determination. The City Council's determination shall be final. Any person ordered to restore a tree shall do so within 15 days of the conclusion of the appeal. If restoration is not completed by such date, then it may be undertaken by the City. The cost of restoration shall be a lien on the property or a debt of the person who removed the tree, if such person does not own the property on which the trees were located.

(Ord. No. 297, § 9.06.090.070, 3-20-2007)

(a)

The provisions of this chapter shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric or telephone transmission lines or railroads when located in accordance with the applicable rules and regulations of the State Public Utilities Commission, within rights-of-way easements, franchises or ownership of such public utilities.

(b)

Notwithstanding any other provision of this title to the contrary, as part of a subdivision or parcel map approval process, the City Council may authorize creation of a lot not meeting minimum lot size for that zone, if the lot is forever dedicated for public utility purposes.

(Ord. No. 297, § 9.06.090.080, 3-20-2007)

This chapter shall be known as the "City of Bradbury Water Efficient Landscape Ordinance."

(Ord. No. 313, exh. A(9.06.095.010), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

The purpose of this chapter is:

(1)

That this chapter be at least as effective in conserving water as the model local water efficient landscape ordinance adopted by the California Department of Water Resources (DWR) pursuant to Government Code § 65595;

(2)

To assure beneficial, efficient, and responsible use of water resources for all water users within the City;

(3)

To retain the land's natural hydrological role within the Upper San Gabriel River Watershed and promote the infiltration of surface water into the groundwater;

(4)

To recognize that landscapes enhance the aesthetic appearance of developments and communities;

(5)

To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;

(6)

To preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible;

(7)

To promote and encourage the use of low-water-use plants;

(8)

To minimize the use of cool season turf;

(9)

To promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications.

(10)

To promote public education about water conservation and efficient water management; and

(11)

To reduce or eliminate water waste.

(Ord. No. 313, exh. A(9.06.095.020), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Amendments means any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.

Anti-drain check valve means a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.

Applicant means the individual or entity submitting a landscape documentation package required, to request a permit, plan check, or design review from the Planning Department. An applicant can be the property owner or an agent of the property owner.

Application rate means the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour.

Applied water, as used in estimated annual applied water use and maximum annual applied water allowance, means the portion of water supplied by the irrigation system to the landscape.

Botanical gardens and arboretums means gardens open to the public in which a variety of plants are grown for scientific and educational purposes.

Certified landscape irrigation auditor means a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization.

Control valve means a device used to control the flow of water in the irrigation system. The term "control valve" may also mean all of the sprinklers or emitters in a line controlled by the valve.

Controller means an automatic timing device used to remotely control valves or heads according to an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).

Developer means a property owner or an agent of the property owner responsible for the development of the property. Such property does not include a single-family home that is not part of a multi-unit development.

Discretionary permit means any permit requiring a decision-making body to exercise judgment prior to its approval, conditional approval, or disapproval.

Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

Estimated annual applied water use or EAWU means the portion of the estimated total water use that is derived from applied water. The EAWU is calculated according to the formula set out in the landscape documentation package. The estimated applied water use shall not exceed the maximum applied water allowance.

Evapotranspiration rate means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

Hydrozone means a section or zone of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated.

Infiltration rate means the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour).

Invasive species means non-indigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically.

Irrigation efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.71.

Irrigation system means the network of piping, valves, and irrigation heads.

Landscape architect means a person licensed to practice landscape architecture in the State pursuant to Chapter 3.5 (commencing with Business and Professions Code § 5615) of Division 3 of the Business and Professions Code.

Landscape concept plan means the portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, and the plant palette.

Landscape construction drawings means the portion of a landscape documentation package that includes the irrigation plan, plant and soils plan, and water management plan.

Landscape documentation package or documentation package means the complete packet of documents required under Sections 9.121.050, 9.121.060, and 9.121.070 to be submitted to the Planning Department to apply for a permit for landscaping projects under this chapter. Documentation packages include the landscape concept plan and landscape construction drawings.

Landscape water audit means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. Audits include, but are not limited to, inspection, system tune-up, system test with distribution uniformity and verification of minimal overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

Low-head drainage means drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation.

Mulch means any organic material such as leaves or bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite, left loose and applied to the soil surface to reduce evaporation.

Operating pressure means the designed pressure of the sprinkler in an irrigation system, usually indicated at the base of a sprinkler.

Overspray means the irrigation water which is delivered beyond the target area onto pavements, walks, structures, or other non-landscaped areas.

Planting plan means a plan submitted with the construction drawings indicating a list, quantity and placement of plants.

Potable water means water intended for human consumption that is treated to legal standards for human consumption.

Pressure regulator means a device used in sprinkler systems for radius and high pressure control.

Project net landscape area, landscaped area, or landscape project area means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Recycled water means water that, as a result of treatment of wastewater, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.

Reference evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per month as represented in Table A below, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered.

TABLE A. REFERENCE EVAPOTRANSPIRATION

Runoff means water that is not absorbed by the soil or landscape to which it is applied and flows from the area.

SMART irrigation controller means a weather-based or soil-moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.

Soil management plan means the plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.

Soil test means a test done by a soil test lab that indicates at minimum: soil texture, water holding capacity, pH, and soluble salts.

Soil type means the classification of soil based on the percentage of its composition of sand, silt, and clay.

Special landscape area means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play, such as parks, sports fields, golf courses, where turf provides a playing surface.

Sprinkler head means a device which delivers water through a nozzle.

Static water pressure means the pipeline or municipal water supply pressure when water is not flowing.

Turf means a surface layer of earth containing mowed grass or grasslike sedge with its roots, a groundcover surface of mowed grass, or grass-like sedge.

(1)

Common types of "cool season turf" are annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue.

(2)

Common types of "warm season turf" are Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, Carex pansa, and buffalo grass.

Water efficient landscape worksheet means a worksheet which calculates a site's water budget.

Water feature means any water applied to the landscape for non-irrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features.

Water management plan means a plan submitted with the construction drawings as part of the landscape documentation package.

Water schedule means schedule of irrigation times throughout a given year.

(Ord. No. 313, exh. A(9.06.095.030), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

This chapter shall apply to all of the following landscape projects:

(1)

New construction projects for public agency projects and private development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review. Such projects will require a landscape permit.

(2)

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review. Such projects will require a landscape permit.

(3)

Reserved.

(4)

Existing landscapes equal to or greater than one acre, with a dedicated or mixed use water meter. Such landscapes are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation package.

(5)

Cemeteries. Recognizing the special landscape management needs of cemeteries, cemeteries shall require the preparation of a water efficient landscape worksheet, an irrigation maintenance schedule, and an irrigation audit, survey and water use analysis.

(b)

This chapter does not apply to:

(1)

Registered local, State, or Federal historical sites;

(2)

Ecological restoration projects that do not require a permanent irrigation system;

(3)

Mined-land reclamation projects that do not require a permanent irrigation system; or

(4)

Botanical gardens and arboretums open to the public.

(Ord. No. 313, exh. A(9.06.095.040), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

A landscape documentation package prepared by a licensed landscape architect shall include the following landscape design criteria:

(1)

Plant selection and grouping.

a.

Any plant may be used in the landscape, providing the estimated annual applied water use (EAWU) does not exceed the maximum annual applied water allowance (MAWA) and that the plants meet the specifications set forth in Subsections (1)b through d of this section.

b.

Plants having similar water needs shall be grouped together in distinct hydrozones.

c.

Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged.

d.

Minimize the use of turf. Turf shall be used wisely in response to functional needs and shall not be planted if the EAWU exceeds the MAWA. Turf shall not be used on slopes greater than 25 percent, as calculated by rise divided by run, if non-permeable pavements are installed adjacent to the toe of the slope. Where turf is planted, the use of warm season turf is strongly encouraged.

e.

Fire prevention needs shall be addressed in fire-prone areas. Design should be consistent with regulations from the Fire Department and incorporate the defensible space as required by Public Resources Code § 4291(a).

f.

The use of invasive and/or noxious plant species is strongly discouraged. Such plant species should be avoided, especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas.

(2)

Water features.

a.

Recirculating water systems shall be used for water features.

b.

Where available, recycled water shall be used as the source for decorative water features. Recycled water is not to be used for swimming pools and spas.

c.

Covers for swimming pools and spas are highly recommended.

d.

The surface area of a water feature shall be included in the MAWA and the EAWU calculations. For the purposes of the water use calculation sheet, water features are deemed to have the highest plant category, which is equivalent to an average plant factor of 0.8.

(3)

Mulch.

a.

A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.

b.

Stabilizing mulch shall be planted on slopes.

(Ord. No. 313, exh. A(9.06.095.050), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

All irrigation systems shall be designed to prevent runoff, overspray, low-head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve the maximum possible overall efficiency.

(b)

A dedicated landscape water meter shall be installed for each landscape project greater than 5,000 square feet, except for single-family residences. Dedicated landscape water meters are also highly recommended for landscape areas less than 5,000 square feet to facilitate water management.

(c)

All irrigation systems shall include:

(1)

A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas; top of slope separate from toe of slope);

(2)

Anti-drain check valves to prevent low-head drainage in sprinkler heads;

(3)

A pressure regulator to prevent the static water pressure from exceeding the maximum recommended operating pressure of the irrigation system; and

(4)

Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation during unfavorable weather conditions. Irrigation should be avoided during wind, freeze, or rain.

(d)

Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

(Ord. No. 313, exh. A(9.06.095.060), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

To ensure the selection of appropriate plants suitable for the site, soil testing shall be performed prior to the installation of landscaping and reported in a soil management plan. The soil management plan shall include:

(1)

A determination of soil texture, indicating the available water holding capacity;

(2)

An approximate soil infiltration rate, either measured or derived from soil texture/infiltration rate tables, indicating a range of infiltration rates where appropriate;

(3)

The measure of pH, total soluble salts, and sodium; and

(4)

Any recommended amendments to the soil.

(b)

Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy the City ordinances relating to grading and be submitted as part of the landscape documentation package.

(Ord. No. 313, exh. A(9.06.095.070), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

Applicants subject to the requirements of this chapter shall submit a complete landscape documentation package to the Planning Department. The application may be submitted in two parts: a landscape concept plan, which is submitted with a discretionary permit application or when otherwise required by the Planning Department; and landscape construction drawings, submitted as a ministerial application. All applications and plans shall conform to the plant, irrigation, and water budget formula requirements set forth in this chapter and the landscape documentation package.

(1)

The landscape concept plan shall include:

a.

Design statement;

b.

Irrigation notes;

c.

Planting notes;

d.

Conceptual plant palette identifying proposed hydrozones; and

e.

The MAWA calculation for the landscape project area.

(2)

Landscape construction drawings. Landscape construction drawings shall include:

a.

An irrigation plan;

b.

A planting and soils plan; and

c.

A water management plan with detailed notes and legends necessary for a complete landscape plan review.

The landscape construction drawings shall be consistent with the landscape concept plan. If the City determines that the landscape construction drawings significantly differ from the landscape concept plan, the applicant must resubmit an overall water budget calculation in accordance with the landscape documentation package.

(3)

The irrigation plan shall include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers, and power supply.

(4)

The planting plan shall include:

a.

A description of any existing plant material to be retained or removed;

b.

A plan showing the planting areas and hydrozones, plant spacing, plant location and size, natural features, water features and all paved areas;

c.

A legend listing the common and botanical plant names and total quantities by container size and species;

d.

A description of the seed mixes with application rates and relevant germination specifications;

e.

Soil management plan, including the soil test results and recommendations; and

f.

A grading plan, submitted for reference.

(5)

The water management plan shall include:

a.

An introduction and statement of site conditions or a landscape concept plan;

b.

The party responsible for implementation of the water management plan;

c.

The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan, including calculations demonstrating an overall water budget that requires irrigation of no more than 0.55 of the ET adjustment factor and 0.45 for special landscape areas.

d.

A description of the water delivery systems, including the type of irrigation system to be used, water conservation methods to be applied, and precipitation rates for each hydrozone; and

e.

Seasonal irrigation water schedules or procedures for programming of proposed SMART controllers.

(6)

The permit fee for landscape projects shall be established by resolution of the City Council, and shall be based on the estimated cost of reviewing the landscape documentation package and issuing the permit.

(Ord. No. 313, exh. A(9.06.095.080), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010; Ord. No. 341, § 2, 6-16-2015)

The City Manager or the City Manager's designee shall have the duty and authority to administer and enforce this chapter.

(1)

Prior to the issuance of a permit for a project subject to this chapter, a complete landscape documentation package prepared by an independent licensed landscape architect shall be submitted to the Planning Department for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this chapter. Any documentation packages submitted without the signature of a licensed landscape architect shall not be accepted for review.

(2)

Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a certificate of completion shall be submitted to the Planning Department certifying that the landscaping has been completed in accordance with the approved planting and irrigation plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate that:

a.

The landscaping has been installed in conformance with the approved planting and irrigation plans;

b.

The SMART irrigation controller has been set according to the irrigation schedule;

c.

The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and

d.

A copy of the irrigation schedule has been given to the property owner.

(3)

Upon reasonable notice (not less than 24 hours except in case of an emergency) to the applicant, the City shall have the right to enter the project site to conduct inspections for the purpose of enforcing this chapter before, during, and immediately after installation of the landscaping.

(4)

A copy of the completed landscape documentation package shall be given to the Planning Department. If the property is found to be exceeding its established MAWA, the property shall be subject to a landscape water audit by the City.

(Ord. No. 313, exh. A(9.06.095.090), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

When submitting the certificate of completion to the City, the project applicant seeking a permit for new construction or rehabilitation of a landscape, as described in Section 9.121.040, shall submit a report of an irrigation audit conducted by a certified landscape irrigation auditor. The irrigation audit may include, but is not limited to, inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff, and preparation of an irrigation schedule.

(b)

A landscape and irrigation maintenance schedule shall also be submitted with the certificate of completion. The landscape and irrigation maintenance schedule shall include, but not be limited to, routine inspection, adjustment and repair of the irrigation system and its components, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, weeding in all landscape areas, and obstruction to emission devices.

(c)

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

(Ord. No. 313, exh. A(9.06.095.100), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

The installation of recycled water irrigation systems (i.e., dual distribution systems) are required, unless a written exemption has been granted by the City stating that recycled water meeting all public health codes and standards will not be available in the foreseeable future.

(b)

The recycled water irrigation systems shall be designed and operated in accordance with all City, County, and State codes.

(Ord. No. 313, exh. A(9.06.095.110), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

Stormwater management combines practices to minimize runoff and water waste to recharge groundwater, and to improve water quality. Project applicants are highly encouraged to implementing stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff, and effectively retain and reuse stormwater in landscaping.

(b)

For effective stormwater management, project applicants are referred to Section 9.94.070. Project applicants shall further refer to the City Engineer or the Regional Water Quality Control Board for information on other stormwater ordinances and stormwater management plans.

(Ord. No. 313, exh. A(9.06.095.120), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

Runoff shall not leave the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.

(b)

Failure to comply with Section 9.121.020 can result in the assessment of civil or administrative fines up to $1,000.00. Willful or repeat offenses can result in revocation of any permit provided under this chapter.

(c)

Offenses may be enforced by the City or by private parties after having given notice to the City.

(Ord. No. 313, exh. A(9.06.095.130), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

(a)

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water are encouraged in the community. The City shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water efficient landscapes.

(b)

Model homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

(1)

Signs shall be used to identify the model as an example of a water efficient landscape, featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient landscape theme.

(2)

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. No. 313, exh. A(9.06.095.140), 12-15-2009; Ord. No. 315, exh. A, 4-20-2010)

This chapter provides site planning and development standards for land uses that are allowed by this title. The standards contained in this chapter are applicable to all of the zoning districts within the City.

(Ord. No. 297, § 9.06.100.010, 3-20-2007)

The following animal uses shall be permitted as accessory uses in all residential zones of the City:

(1)

Fowl or fish. The hatching, raising (including fattening as an incident to raising), not on a commercial scale, of chickens (exclusive of roosters), turkeys, or other fowl or poultry, rabbits, fish or frogs, hatched or raised on the premises. Such fowl or animal shall be kept not less than 35 feet from any window or door of any residence or dwelling.

(2)

Greenhouses and aviaries. Not more than one greenhouse on any one lot, provided that no greenhouse shall exceed 400 square feet in area; aviaries and apiaries, provided that no peacocks or guinea hens are kept in such aviaries or on such premises.

(3)

Horses and cattle. Horses and/or cattle may be kept if:

a.

Minimum lot size. The lot or parcel of land used for the keeping of such animals shall be at least 20,000 square feet in size.

b.

Maximum number of animals. The maximum number of such animals permitted to be kept on any lot or parcel shall be as follows:

1.

A maximum of two such animals on any lot or parcel of land at least 20,000 square feet but less than one acre in size;

2.

A maximum of five such animals per each whole acre on lots or parcels at least one acre in size. Fractions of acres shall not be included in any calculation determining the maximum number of such animals permitted pursuant to this subsection.

c.

Corral space required. There shall be a minimum of 500 square feet (interior measurement) of corral space provided for each animal.

d.

Clean and sanitary premises required. The lot or premises upon which such animals are kept shall be maintained in a clean and sanitary manner and free of fly infestation. Receipt of two reports from the County Health Department within any 24-month period showing unsanitary conditions prevailing on the property as a result of the keeping of such animals shall be prima facie evidence of violation of this subsection.

e.

Commercial boarding, etc. Such animals shall not be kept for commercial purposes except on premises at least two acres in size. The term "commercial purposes" as used herein shall be limited to boarding, training, breeding, raising and grazing operations conducted entirely on the premises exhibiting no manifestations of commercialism and not open to public visitation.

f.

Stable location. Such animals shall not be stabled, nor shall any building used therefor be located within 50 feet of the curbline of any public street, nor within 65 feet of the centerline of any private street. For the purpose of this subsection, a private drive serving less than three residences shall not be considered as a private street. (Note: This subsection shall not apply to structures in existence on March 1, 1966, but shall apply to all structures constructed or first used for such purposes thereafter.)

g.

Corral location. Such animals shall not be kept, housed, corralled or allowed to be within 35 feet of any existing swimming pool or lanai or any building used or designated for human habitation, excluding groom or stable quarters.

h.

Manure removal. Manure must be removed from the premises within 48 hours of written request to the owner or tenant to do so signed by the City Manager.

i.

Odor, noise, etc., prohibited. No such animal may be so maintained as to by odor, noise or sight constitute a public nuisance as defined by State law.

j.

Cattle defined. The term "cattle" as used in this section shall include bovine, sheep and goats only. Notwithstanding any other provision of this section, "billy" goats shall be allowed only on parcels one acre or larger in size and only one "billy" goat shall be permitted on any such parcel.

(4)

Cattle farms. Farms or establishments for the selective or experimental breeding of cattle, or the raising and training of show cattle, provided that:

a.

Planning Commission review. The completed plans of the location, size, construction details, proposed utilization, and appearance of all buildings, structures, pens or corrals on such premises to be used in connection therewith, be approved by the Planning Commission.

b.

Number of cattle permitted. Not more than two such animals per acre of the total ground area of such farm or establishment be kept or maintained in conjunction with such use.

(Ord. No. 297, § 9.06.100.020, 3-20-2007)

(a)

Purpose. The purpose of this section is to establish construction and maintenance standards and regulations for dish antennas, larger than one meter (39.27 inches) in diameter or a dish of any size installed on a mast more than 12 feet above the roofline, installed in any zone which are accessory to the primary use of the subject lots. Such standards and regulations shall be such as to reasonably restrict and minimize any detrimental effects of the location and design of such dish antennas on the occupants of adjoining properties and the neighborhood, and community consistent with the following findings:

(1)

There has been an increasing number of dish antennas erected within the City; this form of antenna has increased in popularity. It is anticipated that this will continue in view of current communications technology. Numerous concerns have been expressed throughout the community with regard to such dish antennas.

(2)

The City is a residential community with a high level of property maintenance and concern for the appearance of the community.

(3)

The community has undertaken numerous actions which include regulations on signage, requirements concerning landscaping, screening of structures and architectural treatments as well as regulations of visual clutter, in order to preserve to the maximum extent possible the natural and manmade scenic beauty of the City.

(4)

The nature of the community, its goals and objectives, have an entailed significant private and public expense to produce a community consistent with the objectives of the City's General Plan and maintain safety in all areas of the City.

(5)

The installation of dish antennas, and accessory equipment, can create visual blight to those who reside, work and travel in the City and can endanger the life, safety and welfare of economic, aesthetic and safety impacts inconsistent with the health, safety and general welfare of the community.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Dish antenna means any parabolic antenna designed for receiving satellite transmission, having a diameter greater than one meter (39.27 inches) or which is installed on a mast more than 12 feet above the roofline of any residence, and which system is external to or attached to the exterior of any building. This section does not apply to any dish antenna which is less than one meter in size and installed on a mast 12 feet or less above the roofline.

(c)

Dish antenna permit required. Dish antennas shall require a building permit and be permitted only when in conformity with the development standards of this section. Every dish antenna, whether temporary or permanent, shall be subject to the review and approval of the Planning Commission and the Building Official where required by the building code.

(d)

Development standards. Every dish antenna shall be located, designed, constructed, treated and maintained in accordance with the standards set forth in this section. Dish antennas may be installed, erected and maintained within all land use zones of the City, but only in accordance with the provisions of this section.

(e)

Installation.

(1)

Every dish antenna shall be installed and maintained in compliance with the requirements of this title and the building code.

(2)

Whenever it is necessary to install a dish antenna near power lines, or where damage would be caused by its falling, separate safety wire must be attached to the antenna mast or tower, and secured in a direction away from the hazard. Dish antenna transmission lines must be kept at least 24 inches clear of utility lines.

(3)

Every dish antenna shall be adequately grounded for protection against a direct strike of lightning, with an adequate ground wire of the type approved by the latest edition of the electrical code.

(f)

Location.

(1)

No portion of any dish antenna shall extend beyond the property lines or into any front yard of any lot or side yard on the street side of a corner lot.

(2)

Guy wires shall not be anchored within any front yard of any lot or within any side yard on the street side of a corner lot.

(3)

No ground-mounted dish antennas shall be located in the area between the building and the front property line or between the building and side property line on the street side of a corner lot.

(4)

All ground-mounted dish antennas shall be considered to be accessory structures and shall conform to the setback requirements for such structures for the respective zone in which said dish antenna is located.

(5)

Any dish antenna with bases of attachment to a building shall be located within the middle one-third of the roof of said building, unless said dish antenna is otherwise completely screened from view from the adjoining properties and adjoining public rights-of-way.

(g)

Height.

(1)

In residential zones, dish antennas with a diameter greater than one meter (39.27 inches) shall not be attached to the roof or wall of any building.

(2)

In residential zones, antennas with bases of attachment on the ground or on accessory structures shall not exceed 16 feet in height above the grade.

(h)

Screening.

(1)

The materials used in constructing dish antennas shall not be excessively bright, shiny, garish or reflective.

(2)

Dish antennas should be screened through the addition or architectural features and/or landscaping that harmonize with the elements and characteristics of the property.

(3)

All ground-mounted dish antennas shall be screened by walls, fences or landscaping at least five feet in height, obscuring visibility of the dish antenna from grade from the adjoining properties and from adjoining rights-of-way.

(i)

Maintenance.

(1)

Every dish antenna shall be maintained in good condition and in accordance with all requirements of this section.

(2)

The dish antennas shall meet all manufacturers' specifications, and shall be of noncombustible and corrosive-resistant material. The miscellaneous hardware, such as brackets, turnbuckles, clips or similar type equipment subject to rust or corrosion shall be protected with a zinc or cadmium coating by either galvanizing or sherardizing process after forming to guard against corrosion and to protect the elements against electrolytic action due to the use of adjoining dissimilar metals.

(3)

Every dish antenna shall be subject to periodic re-inspection. No additions, changes or modifications shall be made to a dish antenna, unless the addition, change or modification is in conformity with the building code and this section.

(Ord. No. 297, § 9.06.100.030, 3-20-2007)

(a)

Intent. The intent of this section is to permit mobile home housing to be used for family residences in established residential neighborhoods, provided that such mobile homes are installed and designed to be compatible with the existing neighborhoods and to provide permanent housing.

(b)

Mobile home on individual private lot permit.

(1)

A mobile home, under certain conditions, may be placed on a foundation system on a private lot wherever single-family dwellings are permitted.

(2)

A mobile home on a foundation system is permitted on a private lot only upon issuance of a permit by the City. An appropriate fee for the permit will be charged.

(3)

Applications for a mobile home permit shall include the following:

a.

Copies of a plot plan. The plot plan shall show existing structures on lot, proposed mobile home placement, all proposed accessory structures, all existing trees over four inches in diameter (indicate if any are to be removed), all driveways, parking areas and permanent paths, proposed landscaping and irrigation.

b.

Photographs showing all four sides of the mobile homes and drawing indicating any proposed elevation changes.

c.

Mobile home manufacturer's name, model name/number, age of unit, length and width, roof pitch, roofing materials, width of eave overhang, type of siding.

d.

Plans and specifications for foundation systems.

e.

Utility plan.

(c)

Eligibility and design criteria.

(1)

A mobile home shall not be eligible unless it is certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 USC 5401 et seq.) on a foundation system, pursuant to Health and Safety Code § 18551 on lots zoned for single-family dwellings.

(2)

Criteria. The mobile home shall:

a.

Be occupied only for residential purposes.

b.

Be subject to all provisions of this Code applicable to residential structures in the same zone.

c.

Be attached to a permanent foundation system in compliance with all applicable building regulations.

d.

Have a minimum square footage as required by this title.

e.

Be covered with an exterior material customarily used on conventional dwellings and approved by the Planning Commission. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation.

f.

Have a roof with a pitch of not less than 2½ inches vertical rise for each 12 inches of horizontal run and consisting of shingles or other material customarily used for conventional dwellings and approved by the Planning Commission.

g.

Be required to have porches and eaves, or roofs with eaves or garage, when, in the opinion of the Planning Commission, it is necessary to make it compatible with the dwellings in the area.

h.

Be subject to architectural review as provided for all development within the City.

(d)

Construction permit requirements. The applicant shall:

(1)

Obtain a grading permit (required if more than 200 cubic yards of earth will be moved or if a cut or fill depth exceeds three feet). Any fill over a foot in depth will be required to be compacted to a minimum of 90 percent. Rough grading approval must be obtained and compaction reports submitted before the site construction permit can be issued.

(2)

Make application for approval of a septic tank permit from the Health Department if the property will not be served by a public sewer. (A percolation test by a registered civil engineer is required.)

(3)

If the property is in school districts which require collection of school fees at issuance of the construction permit, have the school district complete form DPL #406, Certification of Compliance with School Facilities, and return it to the Office of the City Manager.

(4)

Comply with all the requirements of Health and Safety Code § 18551(a).

(5)

Obtain plan approval of the foundation system.

(e)

Foundation system.

(1)

Foundation system definition. A foundation system is an assembly of materials constructed below or partly above grade, not intended to be removed from its installation site, which is designed to support the structure and engineered to resist the imposition of external natural forces.

(2)

All mobile home foundation systems shall be designed in accordance with the provisions of the City building code and this Code, and local soil conditions. Design conditions for roof, wind and seismic loads applicable to permanent building foundations shall be applicable to the mobile home foundation systems.

(3)

The mobile home shall be installed in accordance with installation instructions provided by:

a.

The manufacturer of the mobile home; or

b.

A State-licensed architect or engineer, for an individual mobile home where manufacturer's instructions are not available.

(4)

Both the foundation system and connection of the mobile home to the foundation system shall be capable of withstanding the design loads and concentrated loads identified in the installation instructions.

(5)

A foundation system plan shall be provided in addition to the installation instructions. The foundation system plan may be:

a.

Provided by the mobile home manufacturer either as a part of, or separate from, the installation instructions.

b.

Provided by the installation contractor.

(f)

Utility connections. The mobile home electrical, gas, water and drain connections shall be made permanent in a manner applicable to permanent residential buildings. Gas shut-off valves, meters and regulators shall not be located beneath the mobile home.

(g)

Surrender of registration.

(1)

Prior to occupancy, the owner shall request from the Building Department that a certificate of occupancy be issued pursuant to Health and Safety Code § 18551(a)(2). Thereafter, for an existing mobile home, any vehicle license plate, certificate of ownership and certificate of registration issued by the State agency shall be surrendered to the appropriate State agencies via the Building Department.

(2)

Where the mobile home is new and never has been registered with the DMV, a statement to that effect from the dealer selling the mobile home shall be submitted to the City.

(3)

Mobile homes placed on permanent foundations in compliance with all regulations become exempt from vehicle license fees and become subject to property tax laws. Such mobile homes become eligible for exemptions.

(h)

Appeal. The decision and/or conditions of the Building Official may be appealed in writing within ten days of the decision to the Planning Commission. The Planning Commission may concur, override or modify the action of the Building Official. Any action of the Planning Commission may be appealed in writing to the City Council within ten days of the Planning Commission decision.

(Ord. No. 297, § 9.06.100.040, 3-20-2007)

State Law reference— Manufactured Housing Act of 1980, Health and Safety Code § 18000 et seq.

It shall be unlawful for any person to erect, put in place or maintain in place within the required setback areas of any zone, any tent, tent-house, canvas house or structure constructed of canvas, cloth or other fabric; any canopy or canopy structure constructed of canvas, cloth or other fabric or other material except as follows:

(1)

Decorative canopies and awnings. Decorative canopies and awnings constructed as a component or feature of an overall architectural design may be permitted as approved pursuant to this part;

(2)

Picnic umbrellas. Picnic umbrellas not in excess of ten feet in diameter are permitted;

(Ord. No. 297, § 9.06.100.050, 3-20-2007; Ord. No. 392, § 2, 9-17-2024)

To control unnecessary, excessive and annoying noise and vibration in residential areas, it is the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this chapter. It shall be the policy of the City to maintain quiet in those residential areas that exhibit low noise levels and to implement programs aimed at reducing noise in those residential areas within the City where noise levels are above acceptable values. It is determined that certain noise levels and vibration are detrimental to the public health, welfare and safety, and are contrary to public interest. Creating, maintaining, causing or allowing to be created, caused or maintained, any noise or vibration in a manner prohibited by or not in conformity with the provisions of this chapter is declared to be a public nuisance and shall be punishable as such.

(Ord. No. 297, § 9.06.110.010, 3-20-2007)

With the intent of carrying out the purpose of this chapter, the words, phrases and terms included in this section shall be deemed to have the meaning ascribed to them:

A-weighted sound level means the sound level in decibels as measured on a sound level meter using the "A" weighting network. The level so read is designated dB(A) or dBA.

Ambient noise level means the composite of noise from all sources near and far excluding intrusive noise.

Construction means any site preparation, assembly, erection, substantial repair, alteration or similar action.

Decibel means a unit for measuring the amplitude of a sound equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals.

Demolition means any dismantling, intentional destruction or removal of structures, utilities, public or private, right-of-way surfaces or similar property.

Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage threatened or caused by an emergency.

Impulsive sound means a sound of high intensity, short duration, usually less than one second, with an abrupt onset and rapid decay.

Intrusive noise means that alleged offensive noise which intrudes over and above the existing ambient noise on the property where the noise is received.

Person means any individual, partnership, joint venture or corporation.

Real property boundary means an imaginary line along the ground surface and its vertical extension, which separates the real property owned by one person from that owned by another person.

Sound level meter means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S2A meters in American National Standards Institute Specifications for sound level meters, A14-1971, or the most recent revision thereof.

(Ord. No. 297, § 9.06.110.020, 3-20-2007)

(a)

Notwithstanding any other provision of this chapter, no person shall willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace and quiet of any residential neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in any residential neighborhood.

(b)

The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following:

(1)

The sound level of the objectionable noise;

(2)

The sound level of the ambient noise;

(3)

The proximity of the noise to residential sleeping facilities;

(4)

The nature of the zoning of the area within which the noise source emanates;

(5)

The number of persons affected by the noise source;

(6)

The time of day or night the noise occurs;

(7)

The duration of the noise and its tonal, informational or musical content;

(8)

Whether the noise is continuous, recurrent, or intermittent;

(9)

Whether the noise is produced by commercial or noncommercial activity.

(Ord. No. 297, § 9.06.110.030, 3-20-2007)

The noise standards imposed by this section shall apply to all properties in the City occupied for residential purposes, without regard to zoning classification. Except as otherwise allowed in this chapter, no person shall create or allow the creation of noise on any such residential property which causes the noise level to exceed the actual measured median ambient noise level, or the following presumed ambient noise level, whichever is greater:

If the intruding noise source is continuous and cannot be reasonably discontinued for sufficient time in which the ambient noise level can be determined, the presumed ambient noise level shall be used.

(Ord. No. 297, § 9.06.110.040, 3-20-2007)

Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response ("fast" response for impulsive-type sounds), the noise level shall be measured at the street or any point on the property where the noise is received. In general, the microphone shall be located four feet above the ground and five feet from the nearest structure or wall. In those cases where another elevation is deemed appropriate, it shall be utilized.

(Ord. No. 297, § 9.06.110.050, 3-20-2007)

Increases in noise levels prescribed in Section 9.127.040 are permitted in accordance with the following:

(Ord. No. 297, § 9.06.110.060, 3-20-2007)

Noise standards set in this chapter shall be decreased by five dBA for any noise source which emits an impulsive sound.

(Ord. No. 297, § 9.06.110.070, 3-20-2007)

The following activities shall be exempt from the provisions of this chapter:

(1)

The emission of sound for the purpose of alerting persons to the existence of an emergency or the emission of sound in the performance of emergency work;

(2)

Activities of the Federal, State or local jurisdiction while performing governmental duties;

(3)

Activities conducted on public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events;

(4)

The handling of boxes, crates, containers, garbage cans or other similar objects between the hours of 7:00 a.m. and 7:00 p.m.;

(5)

The operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool or similar tool between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 9:00 a.m. and 7:00 p.m. on weekends, excluding holidays;

(6)

Construction or demolition work conducted between the hours of 7:00 a.m. and 7:00 p.m. on weekdays and the hours of 9:00 a.m. and 7:00 p.m. on weekends, excluding holidays;

(7)

Any activity to the extent regulation thereof has been preempted by State or Federal law.

For the purposes of this section, holidays shall be defined as:

New Year's Day

Memorial Day

Independence Day

Labor Day

Thanksgiving Day

Christmas Day

(Ord. No. 297, § 9.06.110.080, 3-20-2007; Ord. No. 350, § 1, 1-16-2018)

Violations of this chapter shall be punishable as an infraction. Each day any violation of this chapter occurs or is allowed to continue shall constitute a separate offense.

(Ord. No. 297, § 9.06.110.090, 3-20-2007)