A gate-guarded neighborhood for new or existing areas shall be established within the City only after receiving Planning Commission review and City Council approval. Any person(s) or group(s) desiring a gate-guarded neighborhood shall submit a detailed gate guarded neighborhood plan to the Community Development Department for initial review. The plan shall provide the specified information and satisfy standards as set forth in this chapter. The Plan shall not be processed until the Community Development Director has determined that all required information has been submitted with the plan application. Prior to final determination by the Community Development Director, the plan will be distributed for review and input by all affected private and public agencies. An application fee shall be paid as set by City Council resolution.

(Ord. 92-25 § 8.26.001, 1992)

(Ord. No. 241, § 3, 4-12-2011)

Editor's note— Ord. No. 241, § 3, adopted April 12, 2011, amended § 16.88.010 title to read as herein set out. Former § 16.88.010 title pertained to gate-guarded neighborhoods subject to City Council approval.

A.

Identifiable Area to be Served. The plan shall present evidence demonstrating that the control gates will serve a well-defined neighborhood. In no event shall any Plan be approved or considered by the City which would have the purpose, intent, or effect of having a gate-guarded neighborhood within a gate-guarded neighborhood—including any non-emergency access point thereto. Furthermore, the Community Development Director, shall reject any application for a gate-guarded neighborhood where access to the neighborhood for vehicles—including emergency vehicles—requires passing through more than one gate unless the application clearly demonstrates that the inner gate will be removed upon construction of the outer gate.

B.

Neighborhood Support. The plan shall include a petition evidencing a strong majority support for the concept. A benchmark of at least sixty-six and two-thirds (66⅔) percent of the signatures of property owners residing within the neighborhood establishing written support for the plan shall be utilized by the City in determining whether there is a strong majority support for the plan. This criteria shall not apply to new development.

1.

Neighborhoods with an existing homeowners association. A petition from a neighborhood with an existing homeowners association shall be approved by the homeowner's association board prior to submission.

2.

Neighborhoods requesting vacation of public streets. All applications requesting the vacation of public streets shall include a petition evidencing full support for the concept. One hundred (100) percent of the signatures of property owners residing within the neighborhood establishing written support for the plan shall be required.

C.

Design and Access Standards.

1.

Required Fire Department Key System for Gates. The plan shall provide for the installation of a switch override system as prescribed by the Chino Valley independent fire district.

2.

Required Key System for Gates. The plan shall also provide for the installation of a master key or switch override switch system as prescribed by the entity providing law enforcement services within the City. Extra copies of the master key or switch shall be paid for by the applicant as part of the application fee.

3.

Minimum Setback. There shall be a one hundred (100) foot setback from the adjacent public street to the gate location. This requirement shall be treated as a general standard which may be decreased or increased based upon site and public health or safety considerations at the sole discretion of the City.

4.

Radius/Turn Around. There shall be a forty (40) foot radius turn-around area to ensure unrestricted access to and from the gate area and public street system. This requirement shall be treated as a general standard which may be decreased or increased based upon site and public health or safety considerations at the sole discretion of the City.

5.

Fire District Review. The Chino Valley independent fire district shall be asked to make its review and recommendations on any proposed plan. The gating plan shall conform with the fire district's development standards and be consistent with the fire district's fire protection standards for access into gated communities. Any modifications to the gating system shall be approved by the fire district. A negative recommendation from the fire district shall result in a termination of the application.

6.

Vehicle Code Enforcement. The Vehicle Code shall not be enforced on any private streets, unless specifically requested to by a sixty-six and two-thirds (66⅔) percent majority of the property owners in accordance with state law and approved by the City Council.

7.

Other Topographical Considerations. The City Engineer shall review the plan for other site and topographical layout considerations to ensure that the design of the gate system does not create health or safety hazards.

8.

Public Facilities. The proposal shall not block or inhibit access by the public to public, or quasi-public facilities such as parks, schools, hiking, biking, and equestrian trails, etc. The plan shall clearly indicate how these public facilities will be accessible to the general community.

D.

Utility Coordination. The plan shall show the layout of adjacent utility facilities. Any utilities which are in conflict with the proposed gate system, or need to be relocated to provide accessibility as determined by the utility companies, shall be relocated at the applicant's expense. The plan shall also indicate that all utilities are provided access to the neighborhood to perform their functions.

E.

Financial Plan. The applicant shall submit a financial plan establishing the gate-guarded community and which demonstrates that the streets, gates, and related areas will be adequately maintained on a permanent basis. The financial plan shall be peer-reviewed by a consultant chosen and approved by the City. Notwithstanding any other section of this Code, in no case shall the City be considered a guarantor, warrantor, or have any obligation whatsoever to perform or pay for any maintenance, repair, replacement, or any other cost related to the gates or the private streets of a gate-guarded community established under this chapter.

F.

Contract Services. The applicant shall contact all contract services to provide access to the gated community to allow for continued service. Any modifications, new construction, or other features required to maintain service shall be completed at the applicant's own and sole cost and expense.

(Ord. 92-25 § 8.26.010, 1992)

(Ord. No. 241, §§ 4, 5, 4-12-2011)

A.

Vacation Procedure. Where a gate-guarded neighborhood plan includes a request that the City vacate a public street, the following provisions shall apply:

1.

Pursuant to Streets and Highways Code Section 8321, the City Council shall conduct a noticed public hearing on whether a vacation of public street(s) should be approved. The City Council has the sole discretion to approve, conditionally approve, or deny any request.

2.

Pursuant to Streets and Highways Code Section 8324, public streets may not be vacated unless the City Council finds and determines that the public street(s) in question is/are no longer necessary for present or prospective public use.

3.

In determining whether to vacate a public street as a part of a gate-guarded neighborhood plan, the City Council will take into consideration the health, safety, aesthetic, social, and economic impacts arising from the proposed vacation of public street(s) as part of the specific application under review.

4.

The proposal will not inhibit circulation within City, block access roads necessary for emergency vehicles, or result in substandard streets or conditions outside of the gate-guarded neighborhood.

5.

The proposal shall not block or inhibit access by the public to public, or quasi-public facilities such as parks, schools, hiking, biking, and equestrian trails, etc.

6.

The request for a plan adoption shall be considered concurrently with the request to vacate the public streets.

7.

The City shall impose conditions on the vacation of a public street, such as reservation of public easements where appropriate.

B.

Revocation of Vacation of Public Street. The City Council reserves the right to conditionally approve a vacation of a public street in a manner that will allow the City to revoke the vacation of the street if the applicant fails to abide by any conditions of approval, or the plan implementation is otherwise found to create a public health or safety hazard.

C.

Private Street Maintenance. If the private street(s) within the gate guarded community becomes a public health and safety hazard, and/or creates a public nuisance, such hazard and/or nuisance may be abated in accordance with Chapter 8.12 of this Municipal Code.

(Ord. 92-25 § 8.26.012, 1992)

(Ord. No. 241, § 6, 4-12-2011)

Notwithstanding the standards set forth in this chapter, the City Council may make exceptions to one or more of the design standards set forth at Section 16.88.010 if it finds that:

A.

There would be no health or safety hazard created by the waiver of the design standard; and

B.

Unique topographical features, including size of the neighborhood, justify waiver of one or more of the design standards.

(Ord. 92-25 § 8.26.014, 1992)

A.

Community Development Department as Lead Agency. An application shall be filed pursuant to the provisions of Section 16.58.020 of this Development Code. The Community Development Department shall receive and certify the gate-guarded neighborhood plan as complete. The Community Development Director shall then review the application for its compliance with the design standards. The Community Development Director shall also request comments from the agency providing law enforcement services to the City, the Chino Valley independent fire district, the City Engineer, and the City Manager's office as to any issue of concern, including aesthetic, social, health, safety, and economic impacts arising from the application.

B.

Proceedings—Planning Commission. Upon the acceptance of a completed application, the Community Development Director shall prepare a recommendation and forward the recommendation, application, resolution, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing before the Planning Commission pursuant to the provisions of this Development Code.

1.

The Planning Commission shall hear and take action upon the application pursuant to the provisions of Chapter 16.58. The Commission may continue the hearing from time to time, and no additional notification shall be required.

2.

The Commission shall act by resolution to recommend approval, approval with modifications, or denial of the application to the City Council.

3.

The Commission's resolution shall be filed with the City Clerk not more than five days following the Commission's final action.

C.

Proceedings—City Council. Upon receipt of a Planning Commission resolution recommending approval, approval with modifications, or denial of the application, the City Clerk shall set the application for hearing before the City Council as provided for in Chapter 16.58 of this Development Code. The City Council reserves sole and unfettered discretion to grant or deny an application for a gate-guarded neighborhood plan.

1.

Any plan entailing a proposal for vacation of public streets shall be subject to the notice and hearing provisions of the Streets and Highways Code Section 8321-8323.

D.

The City Council shall not approve any proposal unless it finds in writing that all design and related criteria set forth in this chapter have been satisfied and that the approval of the plan promotes the health, welfare, and safety of the community.

(Ord. 92-25 § 8.26.016, 1992)

(Ord. No. 241, §§ 7—9, 4-12-2011; Ord. No. 261, § 3(m), 1-8-2013)

A.

Use of Gate Guarded Neighborhood Plan. Any gate guarded neighborhood plan which is not used within the time specified in the grant of approval or, if no time is specified, within one year of the effective date of such approval, expires at the end of that period. The City Council may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed prior to the original extension date. For purposes of this section "used" means the commencement of construction activity or any activity authorized by the grant".

B.

[Expiration; Appeal.] Any applicant disputing the expiration of any gate guarded neighborhood plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the City Council.

C.

[Approval.] The approval of any gate-guarded neighborhood plan approved concurrently (as part of the same project) with a Tentative Tract Map or Tentative Parcel Map shall be tied to the approval of the Tentative Tract Map or Tentative Parcel Map as set forth in Subsection 16.58.050(G).

(Ord. No. 241, § 10, 4-12-2011; Ord. No. 252, § 3(j), (k), 1-24-2012; Ord. No. 261, § 3(i), 1-8-2013)