The purpose of this Chapter is to establish uniform performance standards for development within the County that promotes compatibility with surrounding areas and land uses.

   Performance standards are designed to mitigate the environmental impacts of existing and proposed land uses within a community. Environmental impacts include air quality, glare, heat, noise, runoff control, and waste disposal. These general performance standards are intended to protect the health and safety of businesses, nearby residents, and workers and to prevent damaging effects to surrounding properties.

(Ord. 4011, passed - -2007)

   (a)   New and Existing Uses in All Land Use Zoning Districts. The provisions of this Chapter apply to all new and existing uses in all land use zoning districts. The standards of this Chapter elaborate upon and otherwise augment the development standards specified for individual land use zoning districts in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and in Division 4 (Standards for Specific Land Uses and Activities).

   (b)   Compliance of Alterations or Modifications. Uses of the land that existed on the effective date of this Division shall not be altered or modified so as to conflict with, or further conflict with, these standards.

   (c)   Evidence of Compliance with Standards. If requested by the Director or the Review Authority, applicants shall provide evidence to the Director that the proposed development is in compliance with the standards in this Division and other applicable standards in this Development Code before the issuance of a Building Permit or business license.

(Ord. 4011, passed - -2007)

   (a)   Modification by Specific Reference. The provisions of this Division shall prevail should they conflict with the provisions of a land use zoning district or specific plan, unless the land use zoning district or plan standard specifically overrides or modifies the provisions of this Division by specific reference.

   (b)   Modification by Establishment of Overlay or Approval of Planned Development or Variance. An overlay, approved Planned Development, or approved Variance may modify the provisions of this Division.

(Ord. 4011, passed - -2007)

         (A)   Off-road vehicles/equipment shall not be left idling on site for periods in excess of five minutes. The idling limit does not apply to:

            (I)   Idling when queuing;

            (II)   Idling to verify that the vehicle is in safe operating condition;

            (III)   Idling for testing, servicing, repairing or diagnostic purposes;

            (IV)   Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane);

            (V)   Idling required to bring the machine system to operating temperature; and

            (VI)   Idling necessary to ensure safe operation of the vehicle.

         (B)   Use reformulated ultra low-sulfur diesel fuel in equipment and use equipment certified by the U.S. Environmental Protection Agency (EPA) or that pre-dates EPA regulations.

         (C)   Maintain engines in good working order to reduce emissions.

         (D)   Signs shall be posted requiring vehicle drivers to turn off engines when parked.

         (E)   Any requirements or standards subsequently adopted by the South Coast Air Quality Management District, the Mojave Desert Air Quality Management District or the California Air Resources Board.

         (F)   Provide temporary traffic control during all phases of construction.

         (G)   On-site electrical power connections shall be provided for electric construction tools to eliminate the need for diesel-powered electric generators, where feasible.

         (H)   Maintain construction equipment engines in good working order to reduce emissions. The developer shall have each contractor certify that all construction equipment is properly serviced and maintained in good operating condition.

         (I)   Contractors shall use ultra low sulfur diesel fuel for stationary construction equipment as required by Air Quality Management District (AQMD) Rules 431.1 and 431.2 to reduce the release of undesirable emissions.

         (J)   Substitute electric and gasoline-powered equipment for diesel-powered equipment, where feasible.

(Ord. 4011, passed - -2007; Am. Ord. 4065, passed - -2008)

   No activity, land use, or process shall cause electrical disturbance that adversely affects persons or the operation of equipment across lot lines and that does not conform to the regulations of the Federal Communications Commission. Existing or proposed uses that generate electrical disturbances that are be considered hazardous or a public nuisance shall be contained, modified, or shielded to prevent disturbances.

(Ord. 4011, passed - -2007)

   This Section establishes standards for storage of solid materials susceptible to fire hazards and flammable liquids and gases where allowed in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses).

   (a)   Combustible Solids. Land uses that include the storage of solid materials susceptible to fire hazards shall be subject to the following storage standards in the indicated land use zoning districts.

      (1)   Regional Industrial (IR) Land Use Zoning District.

         (A)   Inside Storage. A structure utilized for the storage, manufacture, or use of flammable solid materials shall be located no less than 40 feet from any lot line and any other on-site structures or shall adhere to standards specified in Subdivision (2) below.

         (B)   Outdoor Storage. Outdoor storage of flammable solid materials shall be no less than 50 feet from any lot line and any other on-site structures.

      (2)   All Other Manufacturing or Industrial Uses Legally Established Within Any Other Land Use Zoning District. The storage, manufacture, or use of highly flammable solid materials shall take place in enclosed spaces having fire resistance of no less than two hours and protected with an automatic fire extinguishing system.

   (b)   Flammable Liquids and Gases. Land uses that involve the storage of flammable liquids and gases shall be subject to the following standards when established within the land use zoning districts indicated.

      (1)   Setbacks. County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials) shall establish setback requirements for flammable liquids and gases.

      (2)   Storage capacity. The total storage capacity of flammable liquids and gases on a parcel shall not exceed the quantities indicated in Table 83-1 (Storage Standards for Flammable Liquids and Gases).

 

   (c)   Liquefied Petroleum Gas (LPG).

      (1)   General Requirements.

         (A)   Agricultural, Commercial, Industrial, or Manufacturing Uses and Land Use Zoning Districts. Liquefied petroleum gas (LPG) storage and distribution facilities for agricultural, commercial, industrial, or manufacturing uses shall be allowed subject to a Use Permit in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses). The location, installation, operation, and maintenance of LPG storage and distribution facilities shall be subject to:

            (I)   The standards in this Subdivision.

            (II)   The conditions, requirements, and standards imposed by the Review Authority in compliance with this Chapter.

         (B)   Residential Uses and Land Use Zoning Districts. County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials) shall establish standards for residential uses and residential land use zoning districts for LPG storage.

         (C)   Conflict Between Land Use District and Use Permit Requirements. In the event of a conflict between the provisions of this § 83.01.060(c) (Liquefied Petroleum Gas [LPG]) and the provisions of a land use zoning district, including the requirement for Use Permit, the provisions of this Section shall prevail and control.

      (2)   Fire Protection Requirements for All Parcels.

         (A)   Setbacks for LPG storage and distribution facilities from structures and property lines shall be those specified by County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

         (B)   LPG storage tanks shall be centrally located on the parcel to the satisfaction of the Fire Department.

      (3)   Additional Fire Protection Requirements for Specific Types of Parcels. For parcels that have no more than one occupied structure less than 5,000 square feet in size and where the water system provides substandard flows per International Standards Organization (ISO) standards for structure protection, additional fire protection requirements shall be as follows:

         (A)   Where Parcel Size Is Ten Acres or More. Fire flow shall be calculated for exposures only in compliance with County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

         (B)   Where Parcel Size Is at Least Five Acres but less than Ten Acres.

            (I)   A one hour approved protective coating shall be applied to the LPG storage tank.

            (II)   Fire flow shall be calculated for exposures only, in compliance with County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

         (C)   Where Parcel Size Is at Least Two and One-half Acres, but less than Five Acres.

            (I)   A two hour approved protective coating shall be applied to the tank.

            (II)   Fire flow shall be calculated for exposures only, in compliance with County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

      (4)   Additional Fire Protection Requirements for Any Parcel with Adequate Fire Flow Available per ISO Standards.

         (A)   Fire hydrant(s) shall serve the parcel in compliance with County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

         (B)   Fire flow shall provide for exposure protection (ISO Calculation) and LPG storage tank protection/suppression.

            (I)   Sprinklers shall use calculations, as adopted by County Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

            (II)   Hose lines shall use the formula: GPM = five times the square root of the tank capacity.

         (C)   Additional protection.

            (I)   Where the Fire Chief determines that water can be applied to the tank or exposures by the Fire Department in required amounts in eight minutes or less, no additional protection shall be required.

            (II)   Where the Fire Chief determines that water cannot be applied to the tank or exposures by the Fire Department in required amounts in eight minutes or less, one of the following protection measures shall be required:

               (i)   One hour approved protective coating shall be applied to the LPG storage tank; or

               (ii)   A fixed spray water system shall be installed as approved by the Fire Department.

      (5)   Additional fire protection requirements for any parcel not included in either Subdivisions (C)(III) or (C)(IV), above:

         (A)   Either a one-hour or more protective coating shall be applied to the LPG storage tank, as required by the Fire Department, or a fixed spray water system shall be installed instead of coating the tank.

         (B)   Fire flow shall be calculated for exposure only, in compliance with the San Bernardino Code Title 2, Division 3 (Fire Protection and Explosives and Hazardous Materials).

(Ord. 4011, passed - -2007)

   Land uses in industrial districts shall not emit heat that would cause a temperature increase on any adjacent property in excess of ten degrees Fahrenheit, whether the change is in the air, on the ground, or in a structure.

(Ord. 4011, passed - -2007)

   This Section establishes standards concerning acceptable noise levels for both noise-sensitive land uses and for noise-generating land uses.

   (a)   Noise Measurement. Noise shall be measured:

         (1)   At the property line of the nearest site that is occupied by, and/or zoned or designated to allow the development of noise-sensitive land uses;

         (2)   With a sound level meter that meets the standards of the American National Standards Institute (ANSI § SI4 1979, Type 1 or Type 2);

         (3)   Using the “A” weighted sound pressure level scale in decibels (ref. pressure = 20 micronewtons per meter squared). The unit of measure shall be designated as dB(A).

   (b)   Noise Impacted Areas. Areas within the County shall be designated as “noise-impacted” if exposed to existing or projected future exterior noise levels from mobile or stationary sources exceeding the standards listed in Subdivision (d) (Noise Standards for Stationary Noise Sources) and Subdivision (e) (Noise Standards for Adjacent Mobile Noise Sources), below. New development of residential or other noise-sensitive land uses shall not be allowed in noise-impacted areas unless effective mitigation measures are incorporated into the project design to reduce noise levels to these standards. Noise-sensitive land uses shall include residential uses, schools, hospitals, nursing homes, religious institutions, libraries, and similar uses.

   (c)   Noise Standards for Stationary Noise Sources.

      (1)   Noise Standards.  Table 83-2 (Noise Standards for Stationary Noise Sources) describes the noise standard for emanations from a stationary noise source, as it affects adjacent properties:

 

      (2)   Noise Limit Categories. No person shall operate or cause to be operated a source of sound at a location or allow the creation of noise on property owned, leased, occupied, or otherwise controlled by the person, which causes the noise level, when measured on another property, either incorporated or unincorporated, to exceed any one of the following:

         (A)   The noise standard for the receiving land use as specified in Subdivision (b) (Noise-Impacted Areas), above, for a cumulative period of more than 30 minutes in any hour.

         (B)   The noise standard plus five dB(A) for a cumulative period of more than 15 minutes in any hour.

         (C)   The noise standard plus ten dB(A) for a cumulative period of more than five minutes in any hour.

         (D)   The noise standard plus 15 dB(A) for a cumulative period of more than one minute in any hour.

         (E)   The noise standard plus 20 dB(A) for any period of time.

   (d)   Noise Standards for Adjacent Mobile Noise Sources. Noise from mobile sources may affect adjacent properties adversely. When it does, the noise shall be mitigated for any new development to a level that shall not exceed the standards described in the following Table 83-3 (Noise Standards for Adjacent Mobile Noise Sources).

 

   (e)   Increases in Allowable Noise Levels. If the measured ambient level exceeds any of the first four noise limit categories in Subdivision (d)(2), above, the allowable noise exposure standard shall be increased to reflect the ambient noise level. If the ambient noise level exceeds the fifth noise limit category in Subdivision (d)(2), above, the maximum allowable noise level under this category shall be increased to reflect the maximum ambient noise level.

   (f)   Reductions in Allowable Noise Levels. If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in Table 83-2 (Noise Standards for Stationary Noise Sources) shall be reduced by five dB(A).

   (g)   Exempt Noise. The following sources of noise shall be exempt from the regulations of this Section:

      (1)   Motor vehicles not under the control of the commercial or industrial use.

      (2)   Emergency equipment, vehicles, and devices.

      (3)   Temporary construction, maintenance, repair, or demolition activities between 7:00 a.m. and 7:00 p.m., except Sundays and Federal holidays.

   (h)   Noise Standards for Other Structures. All other structures shall be sound attenuated against the combined input of all present and projected exterior noise to not exceed the criteria.

 

 

   In addition, the average of the maximum levels on the loudest of intrusive sounds occurring during a 24-hour period shall not exceed 65 dBA interior.

   (a)   Vibration Standard. No ground vibration shall be allowed that can be felt without the aid of instruments at or beyond the lot line, nor shall any vibration be allowed which produces a particle velocity greater than or equal to two-tenths inches per second measured at or beyond the lot line.

   (b)   Vibration Measurement. Vibration velocity shall be measured with a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings shall be made at points of maximum vibration along any lot line next to a parcel within a residential, commercial and industrial land use zoning district.

   (c)   Exempt Vibrations. The following sources of vibration shall be exempt from the regulations of this Section.

      (1)   Motor vehicles not under the control of the subject use.

      (2)   Temporary construction, maintenance, repair, or demolition activities between 7:00 a.m. and 7:00 p.m., except Sundays and Federal holidays.

(Ord. 4011, passed - -2007)

   (a)   Liquid Waste Disposal and Runoff Control. No liquids of any kind shall be discharged into a public or private sewage or drainage system, watercourse, body of water, or into the ground, except in compliance with applicable regulations of the County Code, Title 23 (Waters) of the California Code of Regulations, the California Water Code, and related Federal regulations.

   (b)   Hazardous Waste. Refer to Chapter 84.11 (Hazardous Waste Facilities) for regulations relative to hazardous waste facilities.

   (c)   Solid Waste Disposal. Refer to Chapter 84.24 (Solid Waste/Recyclable Materials Storage) for regulations relative to solid waste disposal.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to ensure that all development produces an environment of stable and desirable character that is harmonious with existing and future development, and protects the use and enjoyment of neighboring properties, consistent with the General Plan.

(Ord. 4011, passed - -2007)

   The standards of this Chapter apply to all land use zoning districts. These standards shall be considered in combination with the standards for each land use zoning district in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and Division 4 (Standards for Specific Land Uses). Where there may be a conflict, the standards specific to the land use zoning district or specific land use shall override these general standards.

   All structures, additions to structures, and uses shall conform to the standards of this Chapter as determined applicable by the Director, except as identified in Chapter 84.17 (Nonconforming Uses and Structures).

(Ord. 4011, passed - -2007)

   (a)   View Obstructions. Adequate visibility for vehicular and pedestrian traffic shall be provided at clear sight triangles at all 90 degree angle intersections of public rights-of-way and private driveways.

      (1)   Prohibited. The following shall be prohibited within a clear sight triangle:

         (A)   Monument signs.

         (B)   Hedges or shrubbery.

      (2)   Maximum Height Requirements. The following shall not be erected, placed, planted, or allowed to grow over 30 inches in height above the nearest street curb elevation within a clear sight triangle:

         (A)   Fences and walls.

         (B)   Signs.

         (C)   Structures.

         (D)   Mounds of earth.

         (E)   Other visual obstructions.

      (3)   Exceptions. The requirements for clear sight triangles shall not apply to:

         (A)   Traffic safety devices.

         (B)   Trees trimmed to eight feet above the adjoining curb.

         (C)   Utility poles.

         (D)   Other government or utility installed/maintained devices allowed by this Development Code.

         (E)   Freestanding sign when the lower edge of the sign face is at least eight feet above grade and when there are no more than two posts or columns, each with a maximum width or diameter of 12 inches, supporting the sign.

   (b)   Dimensions and Location. Clear sight triangles are right triangles that shall be measured as follows:

      (1)   The 90-degree angle is formed by the intersection of either:

         (A)   The intersection of the edges of two roadways as measured at the edge of their ultimate planned right-of-way; or

         (B)   The intersection of the edge of a private driveway or alley and the edge of the ultimate planned right-of-way of an intersecting roadway.

      (2)   The two 45-degree angles of a clear sight triangle shall each be located as follows (See Figure 83-1):

         (A)   Roadway intersections - 30 feet from the roadway intersection.

         (B)   Private driveway or alleyway - ten feet from the intersection.

(Ord. 4011, passed - -2007)

   All structures shall meet the standards in this Section relating to height, except for fences and walls, which shall comply with Chapter 83.06 (Fences, Hedges, and Walls).

   (a)   Maximum Height Allowed. The height of buildings/structures shall not exceed the standards established by the applicable land use zoning district, except as otherwise provided in this Section.

   (b)   Height Measurement. Height shall be measured as the vertical distance above a referenced datum measured to the highest point of the coping of a flat roof or to the deck line of mansard roof or to the average height of the highest gable of a pitched or hipped roof or the highest part of a structure. The reference datum shall be selected by either of the following, whichever yields a greater height of building:

      (1)   The elevation of the highest adjoining sidewalk or ground surface within a five-foot horizontal distance of the exterior wall of the building when the sidewalk or ground surface is not more than ten feet above lowest grade.

      (2)   An elevation ten feet higher than the lowest grade when the sidewalk or ground surface described in Subdivision (1) above is more than ten feet about lowest grade.

   (c)   Allowed Building/Structure Height Increases. The maximum building/structure height development standards established by Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be increased as specified by this Section, provided the increase shall not conflict with airport safety regulations or conditions of an approved Conditional Use Permit.

      (1)   Institutional Structures. Institutional structures in land use zoning districts that impose a height limitation of 35 feet or less may exceed the 35 foot height limit by up to 25 feet when the required front, side, and rear setbacks are increased an additional one foot in excess of minimum requirements for each four feet in height above 35 feet.

      (2)   Miscellaneous Structures. The maximum structure height specified in a land use zoning district may be exceeded by no more than 50 percent for the following structures, except that a lower maximum height may be specified in the conditions of an approved Conditional Use Permit:

         (A)   Barns, silos, grain elevators, and other farm structures in Rural Resource Conservation (RC), Agricultural (AG), or Rural Living (RL) land use zoning districts.

         (B)   Birdhouses.

         (C)   Architectural features of religious institutions.

         (D)   Cooling towers, smokestacks or other structures that are required by allowed industrial processes in industrial land use zoning districts.

         (E)   Cupolas, domes, skylights, and gables.

         (F)   Elevator housings.

         (G)   Fire and hose towers.

         (H)   Fire or parapet walls.

         (I)   Flag poles.

         (J)   Mechanical equipment and its screening to include roof-mounted wireless telecommunications support facilities.

         (K)   Monuments.

         (L)   Noncommercial antennae up to 65 feet in residential land use zoning districts.

         (M)   Observation and carillon towers.

         (N)   Ornamental towers and spheres.

         (O)   Radio and television station towers.

         (P)   Residential chimneys, flues, smokestacks, and enclosures.

   (a)   Purpose. The purpose of this Section is to provide regulations for parcel area standards required by this Development Code. The intent is to clarify the circumstances in which exceptions to the standards may be allowed and to provide uniform methods of calculating parcel areas and measuring parcel dimensions.

   (b)   Applicability. Except as provided in this Chapter, all parcels of land shall conform to the parcel area standards in Division 2 (Land Use Zoning Districts and Allowed Land Uses) for the land use zoning districts in which the parcels are located.

   (c)   Allowed Substandard Parcels. A legally created parcel having an area, width, or depth less than that required by an applicable standard provided in Division 2 (Land Use Zoning Districts and Allowed Land Uses) may be used or built upon, provided the development otherwise conforms to the requirements of this Development Code.

   (d)   Exceptions to Parcel Area Requirements.

      (1)   Parcel Area Reduction as a Result of Government Action for Public Purpose. Where a parcel area or setback width or depth has been reduced by a government agency to not more than 25 percent below the minimum requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses), by condemnation, acquisition or dedication for a road, drain, or other public purpose, including any dedication as a result of a redistricting, Variance or Conditional Use Permit, the parcel area existing before reduction shall be what counts for meeting the requirements of this Development Code.

      (2)   Preservation of Historic Structures. Parcels to be used for the preservation of historic structures or land uses may have less than the minimum parcel area required for the land use zoning district where located, provided that:

         (A)   The parcel’s structure and/or use have been or may be deemed historic by an incorporated, nonprofit historic preservation organization.

         (B)   The site shall not be used for human habitation nor generate sewage effluent unless it is:

            (I)   Served by common sewage facilities; or

            (II)   Contains at least 40,000 square feet and the facilities meet the approval of the Environmental Health Services Division.

         (C)   The parcel owner shall grant an easement in perpetuity to the County or other governmental body empowered to accept the easement, restricting further development of the site to historic preservation purposes.

      (3)   Subdivision in Compliance with Conditional Use Permit. The subdivision of multi-family dwellings and mobile home parks in compliance with the conditions of an approved Conditional Use Permit shall not be held to the minimum parcel area requirements of the applicable land use zoning district.

      (4)   Subdivision Where Topographical Constraints or Created by Aliquot Part. Metes and bounds subdivisions may have actual parcel areas that are ten percent less than those required by the applicable land use zoning district, where the parcels either:

         (A)   Have topographical constraints; or

         (B)   Are created by aliquot part division (i.e., using a “proper divisor,” which is any divisor of a given number other than the number itself).

   (e)   Parcel Area Calculations. The minimum parcel area requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) shall be calculated as follows:

      (1)   Urban Areas. The area of parcels within the following urban land use zoning districts shall be that area included within the perimeter of the legal boundaries of the subject property, exclusive of any area within abutting planned rights-of-way (net area): Single Residential (RS) where lands are designated for lots smaller than one acre as measured herein, Multiple Residential (RM), Special Development (SD) and all commercial, industrial and institutional land use zoning districts.

      (2)   Rural Areas. The area of parcels within the following rural land use zoning shall be that area included within the perimeter of the legal boundaries of the subject property inclusive of that area within the planned rights-of-way up to the centerline, not to exceed 60 feet from the legal boundary of the lot (gross area): Resource Conservation (RC), Agriculture (AG), Rural Living (RL), Floodway (FW) and Open Space (OS). Within the RS-1 (Single Residential-one acre minimum lot size) Land Use Zoning District, parcels shall be measured based on gross area as defined herein, provided that when any one acre lot is created within an area not served by a municipal water and sewer system, each lot shall be configured so as to meet applicable requirements for an individual well and septic system.

      (3)   Parcels That Abut Alleys. In computing the area of a parcel that abuts upon one or more alleys, one-half the width of the alley(s) may be assumed to be a portion of the parcel.

      (4)   Rounding. In computing lot area requirements for the resultant parcels in a subdivision, the total lot area shall be rounded to the nearest tenth of an acre using the normal rounding convention (e.g., 2.45 acres shall be rounded to 2.5, 9.94 acres shall be rounded to 9.9 acres).

   (f)   Measurement of Parcel Dimensions. All required parcel dimensions shall be measured in compliance with the definitions contained in Division 10 (Definitions).

(Ord. 4011, passed - -2007)

   This Section provides standards for the screening and buffering of adjoining land uses, equipment, and outdoor storage areas, and surface parking areas. Multi-family and nonresidential land uses shall comply with the requirements of this Section.

   (a)   Screening Between Different Land Uses.

      (1)   An opaque screen consisting of plant material, a minimum of ten feet in width, and a solid masonry wall, a minimum of six feet in height, shall be installed along parcel boundaries whenever a commercial, institutional or industrial development adjoins a residential land use zoning district.

      (2)   The maximum height of walls shall comply with the provisions of Chapter 83.06 (Fences, Hedges, and Walls).

      (3)   The walls shall be architecturally treated or landscaped on both sides to avoid the appearance of unfinished precision block, subject to the approval of the Director.

      (4)   Minimum sizes of plant materials shall conform to the requirements in § 83.10.070(d) (Landscape Standards Minimum Sizes of Plant Materials).

   (b)   Mechanical Equipment, Loading Docks, and Refuse Areas.

      (1)   Roof or ground mounted mechanical equipment (e.g., air conditioning, heating, ventilation ducts and exhaust, etc.), loading docks, refuse storage areas, and utility services shall be screened from public view from adjoining public streets and rights-of-way and surrounding area(s) zoned for residential or open space uses.

      (2)   The method of screening shall be architecturally compatible with other on-site development in terms of colors, materials, and architectural style.

      (3)   Landscaping shall be installed adjacent to the walls at the discretion of the Director.

   (c)   Outdoor Storage Areas.

      (1)   The use of outdoor areas for storage purposes shall be subject to the following standards:

         (A)   Outside storage areas shall be screened with a solid sight-obscuring wall not less than six feet nor more than eight feet in height, of a type and design approved by the Director. The wall shall include sight-obscuring gates. The wall and gate(s) shall be continuously maintained in good repair.

         (B)   Stored materials shall be kept below the level of the fence or other screening mechanism.

         (C)   Site operations in conjunction with outdoor storage, including the loading and unloading of materials and equipment, shall be conducted entirely within a walled area.

         (D)   Exterior storage shall comply with Title 3 (Health and Sanitation and Animal Regulations) of the County Code.

      (2)   Incidental outdoor storage shall be allowed, subject to the above standards. Outdoor storage categorized as a primary land use shall be subject to the applicable permitting requirements identified in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and the above standards.

(Ord. 4011, passed - -2007; Am. Ord. 4085, passed - -2009)

   This Section establishes standards to ensure the provision of open areas around structures for visibility and traffic safety; access to and around structures; access to natural light and ventilation; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

   (a)   General Setback Requirements.

      (1)   Structures. Each structure shall comply with the setback requirements established for each land use zoning district in Division 2 (Land Use Zoning Districts and Allowed Land Uses) and established for specific uses in Division 4 (Standards for Specific Land Uses) and elsewhere in this Development Code.

      (2)   Setback Areas or Open Space Areas.

         (A)   Setback areas or open space around an existing or proposed structure shall not be considered as providing setback areas or open space for any other structure.

         (B)   Setback areas or open space on an adjoining parcel shall not be considered as providing setback areas or open space for a parcel on which a structure is proposed to be erected.

      (3)   Rights-of-Way and Easements.

         (A)   Future Right-of-Way. If any future right-of-way line has been established by an ordinance, specific plan, or similar document, the measurement of the setback shall be made from the future right-of-way or future property line.

         (B)   Street Setbacks. Street setbacks shall provide a minimum half width of 30 feet for a right-of-way in the Valley or Desert Regions and 20 feet for a right-of-way in the Mountain Region unless otherwise specified by an ordinance, specific plan, or similar document.

         (C)   Private Road Easements. The minimum front, side, and rear setbacks from private road easements shall be 15 feet in the Mountain Region and 25 feet in the Valley and Desert Regions from the recognized easement line. This rear setback requirement shall apply only when the easement is used to access two or more parcels.

      (4)   Front Setbacks.

         (A)   Front setback lines shall be established so that, wherever possible, the yard width at the setback line is at least the minimum width specified by the applicable land use zoning district, unless otherwise allowed by this Development Code.

         (B)   On through lots, front setbacks shall be provided on all street frontages.

      (5)   Street Side Setbacks for Corner Parcels. Side yards on the street sides of corner parcels shall require the same setback as front yards unless otherwise specified within the provisions of a land use zoning district, ordinance, specific plan or similar regulation.

   (b)   Exemptions from Setback Requirements.

      (1)   The minimum setback requirements of this Development Code shall apply to all uses except for the following:

         (A)   Fences or walls constructed within the height limitations of Chapter 83.06 (Fences, Hedges, and Walls).

         (B)   Retaining walls less than three feet in height above finished grade not to exceed four such walls within the setback.

      (2)   Street setback lines, as delineated on all Final Maps, Parcel Maps and Records of Survey maps recorded in the County between March 1, 1948 and January 1, 1987, or on Composite Development Plans on file with the Division of Building and Safety shall be the street and yard setback distances required on the property within the Final Maps, Parcel Maps, Records of Survey or Composite Development Plans, unless additional road dedication is required as a condition of development. When additional road dedication is required, or in the case of Final Maps, Parcel Maps and Records of Survey maps recorded prior to March 1, 1948, the greater setback distance of either the property development standards in the applicable land use zoning district based on the ultimate right-of-way width or the setback distance as shown on the approved map shall prevail. Notwithstanding any other provisions of the Development Code, any request to modify or deviate from a building setback line designated on a recorded map or final map shall be made in compliance with the provisions of Chapter 85.17 (Variances).

   (c)   Measurement of Setbacks. Setbacks shall be measured as follows:

      (2)   Side Setbacks.

         (A)   The side yard setback shall be measured at right angles from the nearest point on the side property line of the parcel to the nearest line of the structure envelope, establishing a setback line parallel with the side property line that extends between the front and rear yards.

         (B)   For the purposes of calculating side setbacks, the following dwellings with common party walls shall be considered as one structure occupying one parcel:

            (I)   Semi-detached two and four family dwellings.

            (II)   Row dwellings.

            (III)   Group dwellings.

            (IV)   Court apartments.

      (3)   Street Side Yard Setbacks. The side yard setback on the street side of a corner parcel shall be measured from the nearest point of the side property line adjoining the street.

      (4)   Rear Yard Setbacks.

         (A)   The rear yard setback shall be measured at right angles from the nearest point on the rear property line of the parcel to the nearest line of the structure envelope, establishing a setback line parallel with the rear property line that extends between the side yards, except:

            (I)   If an access easement or street right-of-way line extends into or through a rear yard, the measurement shall be taken from the nearest point of the access easement or right-of-way line; and

            (II)   When the side property lines converge to a point at the rear of the parcel, or to a rear property line narrower than ten feet, for setback purposes the rear property line shall be considered to be a line parallel to the front property line measuring ten feet between the two side property lines. The rear yard depth shall be measured from the ten-foot line to the nearest part of the primary structure on the parcel.

         (B)   In computing the depth of a rear setback where the yard opens into an alley, one half the width of the alley may be assumed to be a portion of the required rear setback.

   (d)   Allowed Projections into Setbacks. See § 83.02.080 (Allowed Projections into Setbacks).

   (e)   Construction Across Property Lines Prohibited. A structure shall not be constructed across the property line(s) of two or more contiguous parcels. If the placement of a proposed structure would otherwise cross the property line of two or more contiguous parcels held by the same owner, before the issuance of a Building Permit, the property owner shall apply for and receive an approved voluntary lot merger, lot line adjustment, or parcel map to move or eliminate the property line in question. The lot line adjustment process may be used if the parcels will still meet the development standards of the land use zoning district in which the parcels are located.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008)

   This Section provides standards for allowed projections into required setbacks. Nothing in this Section is intended to prevent the construction of an allowed primary or accessory structure within the building envelope that is in the parcel area not included in any required setback area.

      (1)   The Clear Sight Triangle required at traffic intersections.

      (2)   Within three feet of any parcel line, dividing parcels not in common ownership, except as noted in the Table.

      (3)   Within five feet of any side or rear property line in a Fire Safety Overlay District or as allowed in § 82.13.060(c).

   (d)   Table 83-5 (Allowed Projections into Setbacks). Table 83-5 (Allowed Projections/Structures Within Setbacks) lists the equipment and architectural features typically related to a structure that may extend into front, side, and rear yard setbacks.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4057, passed - - 2008; Am. Ord. 4085, passed - -2009; Am. Ord. 4245, passed - -2014; Am. Ord. 4383, passed - -2020)

   This Chapter is intended to implement Government Code §§ 65915 et seq. and the Housing Element of the Policy Plan, and to increase the production of affordable and senior citizen housing.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   The provisions of this Chapter apply to a proposed housing development, as defined by Government Code § 65915(i), as may be amended from time to time, that is eligible for a requested density bonus, incentives or concessions, or waiver or reduction of development standards and parking ratios described herein, and is applicable in all zones that allow residential as a primary use.

(Ord. 4415, passed - -2021)

   In order to be eligible for a density bonus and other incentives or concessions as provided by this Chapter, a proposed housing development shall comply with the following requirements and shall satisfy all other applicable provisions of this Development Code, except as provided by § 83.03.050 (Allowed Incentives or Concessions).

      (1)   At least ten percent of the total number of proposed units are for lower income households, as defined in Health and Safety Code § 50079.5;

      (2)   At least five percent of the total number of proposed units are for very low- income households, as defined in Health and Safety Code § 50105;

      (3)   The project is a senior citizen housing development as defined in Civil Code §§ 51.3 and 51.12, or is a mobile home park that limits residency based on age requirements for housing older persons in compliance with Civil Code §§ 798.76 or 799.5;

      (4)   At least ten percent of the total dwelling units in a common interest development, as defined in Civil Code § 4100, for persons and families of moderate income, as defined in Health and Safety Code § 50093, provided that all units in the development are offered to the public for purchase;

      (5)   At least ten percent of the total units of a housing development for transitional foster youth, as defined in Education Code § 66025.9, disabled veterans, as defined in Government Code § 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this paragraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low- income units;

      (6)   At least 20 percent of the total units for lower income students in a student housing development that meets the requirements of Government Code § 65915(b)(1)(F); or

      (7)   One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager's unit or units, are for lower income households, as defined by Health and Safety Code § 50079.5, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Health and Safety Code § 50053.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   The Board shall determine the amount of a density bonus allowed in a housing development in compliance with this Section. For the purposes of this Chapter, "density bonus" means a density increase over the otherwise maximum allowable gross residential density under the applicable Policy Plan designation and zoning district as of the date of application by the applicant to the County.

 

 

 

 

            (I)   The applicant donates and transfers the land no later than the date of approval of the Final Map, Parcel Map, or residential development application.

            (II)   The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low-income households in an amount not less than ten percent of the number of residential units of the proposed development.

            (III)   The transferred land is at least one acre in size, or of sufficient size to permit development of at least 40 units; has the appropriate Policy Plan land use designation; is appropriately zoned for development as affordable housing; and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible.

            (IV)   No later than the date of approval of the Final Map, Parcel Map, or of the residential development, the transferred land shall have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing units on the transferred land, except that the County may subject the proposed development to subsequent design review to the extent authorized by Government Code § 65583.2(i) if the design is not reviewed by the County before the time of transfer.

            (V)   The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with § 83.03.080 (Continued Availability), which shall be recorded on the property at the time of dedication.

            (VI)   The land is transferred to the County or to a housing developer approved by the County. The County may require the applicant to identify and transfer the land to the approved housing developer.

            (VII)   The transferred land shall be within the boundary of the proposed development or, if the County agrees, within one-quarter mile of the boundary of the proposed development.

            (VIII)   A proposed source of funding for the very low-income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

      (1)   The incentive or concession does not result in identifiable and actual cost reductions, consistent with § 83.03.050(c), required to provide for affordable housing costs, as defined in Health and Safety Code § 50052.5, or for rents for the targeted units to be set as specified in § 83.03.070(b) (Unit Cost Requirements);

      (2)   The incentive or concession would have a specific adverse impact, as defined in Government Code § 65589.5(d)(2), upon public health and safety or the physical environment, or on any real property listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households; or

      (3)   The incentive or concession would be contrary to state or federal law.

      (1)   A reduction in the site development standards of this Development Code (e.g., site coverage limitations, setbacks, reduced parcel sizes, and/or parking requirements (see also § 83.03.060 [Parking Requirements in Density Bonus Projects]), or a modification of architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission in compliance with Health and Safety Code §§ 18901 et seq., that would otherwise be required, that results in identifiable, financially sufficient, and actual cost reductions;

      (2)   Approval of mixed-use land uses not otherwise allowed by this Development Code in conjunction with the housing development, if nonresidential land uses will reduce the cost of the housing development, and the nonresidential land uses are compatible with the housing project and the existing or planned development in the area where the project will be located;

      (3)   Other regulatory incentives or concessions proposed by the applicant or the County that will result in identifiable, financially sufficient, and actual cost reductions to provide for affordable housing costs; and/or

      (4)   In its sole and absolute discretion, a direct financial contribution granted by the Board, including writing-down land costs, subsidizing the cost of construction, or participating in the cost of infrastructure.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

         (A)   Zero to one bedroom: One on-site parking space per unit.

         (B)   Two to three bedrooms: One and one-half on-site parking spaces per unit.

         (C)   Four and more bedrooms: Two and one-half on-site parking spaces per unit.

         (A)   For sale or for rent housing development, that includes at least 20 percent low-income units or at least 11 percent very low-income units that is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development: one- half space per unit.

         (B)   For-rent housing development, 100 percent affordable to lower income families, located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development: zero spaces per unit.

         (C)   For-rent housing development for individuals who are 62 years of age or older that complies with Civil Code §§ 51.2 and 51.3, 100 percent affordable to lower income families, and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day: zero spaces per unit.

         (D)   For-rent special needs housing development (as defined in Health and Safety Code § 51312), 100 percent affordable to lower income families, shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day: zero spaces per unit.

         (E)   For-rent supportive housing development (as defined in Health and Safety Code § 50675.14), 100 percent affordable to lower income families: zero spaces per unit.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   A housing development that complies with the resident and project size requirements of § 83.03.030 (Eligibility for Bonus, Incentives, or Concessions) and also includes as part of that development a child care facility other than a family day care home, that will be located on the site of, as part of, or adjacent to the development, shall be subject to the following additional bonus, incentives, and requirements:

      (1)   An additional density bonus that is an amount of floor area in square feet of residential space that is equal to or greater than the floor area of the child care facility; or

      (2)   An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility.

      (1)   The County shall require, as a condition of approving the housing development, that the following occur:

         (A)   The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable in compliance with § 83.03.080 (Continued Availability); and

         (B)   Of the children who attend the child care facility, the children of very low-income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low-income households, lower income households, or families of moderate income in compliance with § 83.03.030 (Eligibility for Bonus, Incentives, or Concessions).

      (2)   The County shall not be required to provide a density bonus or concession for a child care facility in compliance with this Section if it finds, based upon substantial evidence, that the community has adequate child care facilities.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   The units that qualified in the housing development for a density bonus and other incentives and concessions shall continue to be available as affordable units in compliance with the following requirements, as required by Government Code § 65915(c). See also § 83.03.120 (Control of Resale).

      (2)   For housing developments meeting the criteria of § 83.03.030(a)(7), rents for all units in the development, including both base density and density bonus units, shall be as follows:

         (A)   The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Health and Safety Code § 50053.

         (B)   The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for a housing development that receives an allocation of state or federal low-income housing tax credits from the California Tax Credit Allocation Committee.

      (1)   Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation.

      (2)   The County shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five years for any of the purposes described in Health and Safety Code § 33334.2(e) that promote home ownership. For the purposes of this Section:

         (A)   The County's initial subsidy shall be equal to the fair market value of the home at the time of initial sale, minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value; and

         (B)   The County's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the home at the time of initial sale.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   A request for a density bonus and other incentives and concessions shall be evaluated and decided through Conditional Use Permit approval in compliance with Chapter 85.06 (Conditional Use Permits/Minor Use Permits); provided, the decision of the Commission on a Conditional Use Permit application shall be a recommendation to the Board, and the density bonus and other incentives and concessions shall be approved or denied only by the Board.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

         (A)   The total number of units approved for the housing development, including the number of designated dwelling units;

         (B)   A description of the household income group to be accommodated by the housing development, and the standards and methodology for determining the corresponding affordable rent or affordable sales price and housing cost consistent with HUD Guidelines;

         (C)   The marketing plan for the affordable units;

         (D)   The location, unit sizes (square feet), and number of bedrooms of the designated dwelling units;

         (E)   Tenure of the use restrictions for designated dwelling units of the time periods required by § 83.03.080 (Continued Availability);

         (F)   A schedule for completion and occupancy of the designated dwelling units;

         (G)   A description of the additional incentives and concessions being provided by the County;

         (H)   A description of the remedies for breach of the agreement by the owners, developers, and/or successors-in-interest of the project; and

         (I)   Other provisions to ensure successful implementation and compliance with this Chapter.

         (A)   The developer shall give the County the continuing right-of-first-refusal to lease or purchase any or all of the designated dwelling units at the appraised value;

         (B)   The deeds to the designated dwelling units shall contain a covenant stating that the developer or successors-in-interest shall not assign, lease, rent, sell, sublet, or otherwise transfer any interests for designated units without the written approval of the County;

         (C)   When providing the written approval, the County shall confirm that the price (rent or sale) of the designated dwelling unit is consistent with the limits established for low and very low-income households, as published by HUD;

         (D)   The County shall have the authority to enter into other agreements with the developer, or purchasers of the designated dwelling units, to ensure that the required dwelling units are continuously occupied by eligible households;

         (E)   Applicable deed restrictions, in a form satisfactory to the County Counsel, shall contain provisions for the enforcement of owner or developer compliance. Any default or failure to comply may result in foreclosure, specific performance, or withdrawal of the Certificate of Occupancy;

         (F)   In any action taken to enforce compliance with the deed restrictions, the County Counsel shall, if compliance is ordered by a court of competent jurisdiction, take all action that may be allowed by law to recover all of the County's costs of action including legal services; and

         (G)   Compliance with the agreement will be monitored and enforced in compliance with the measures included in the agreement.

         (A)   Designated dwelling units shall be owner-occupied by eligible households, or by qualified residents in the case of senior housing; and

         (B)   The initial purchaser of each designated dwelling unit shall execute an instrument or agreement approved by the County which:

            (I)   Restricts the sale of the unit in compliance with § 83.03.120 (Control of Resale), or other applicable County policy or ordinance, during the applicable use restriction period;

            (II)   Contains provisions as the County may require to ensure continued compliance with this Chapter and State law; and

            (III)   Shall be recorded against the parcel containing the designated dwelling unit.

         (A)   The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining the designated dwelling units for qualified tenants;

         (B)   Provisions requiring owners to annually verify tenant incomes and maintain books and records to demonstrate compliance with this Chapter;

         (C)   Provisions requiring owners to submit an annual report to the County, which includes the name, address, and income of each person occupying the designated dwelling units, and which identifies the bedroom size and monthly rent or cost of each unit; and

         (D)   The applicable use restriction period shall comply with the time limits for continued availability in § 83.03.080 (Continued Availability).

      (1)   Following Board approval of the agreement and execution of the agreement by all parties, the County shall record the completed agreement on the parcels designated for the construction of designated dwelling units at the County Recorder's Office.

      (2)   The approval and recordation shall take place at the same time as the Final Map or, where a map is not being processed, before issuance of Building Permits for the designated dwelling units.

      (3)   The agreement shall be binding on all future owners, developers, and/or successors-in-interest.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   In order to maintain the availability of for-sale affordable housing units constructed in compliance with this Chapter, the following resale conditions shall apply.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

      (1)   As required by Government Code § 65915(e), the County will not apply a development standard that will have the effect of precluding the construction of a development meeting the criteria of § 83.03.020(a) (Resident Requirements), above, at the densities or with the concessions or incentives allowed by this Chapter.

      (2)   An applicant may submit to the County a proposal for the waiver or reduction of development and zoning standards that would otherwise inhibit the utilization of a density bonus on a specific site, including minimum parcel size, side setbacks, and placement of public works improvements.

      (3)   The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible.

      (4)   A proposal of the waiver or reduction of development standards pursuant to this subsection shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to § 83.03.050 (Allowed Incentives or Concessions).

      (1)   Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have a specific, adverse impact, as defined in Government Code § 65589.5(d)(2), upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or

      (2)   Grant a density bonus, incentive, or concession, or waive or reduce development standards, if the bonus, incentive, concession, waiver, or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.

(Ord. 4011, passed - -2007; Am. Ord. 4415, passed - -2021)

   (a)   Compliance with Conditions of Approval. The purpose of this Chapter is to ensure compliance with conditions of approval on projects involving earthwork grading.

   (b)   On-Site Continuous Inspections of Grading. The provisions in this Chapter regulate on-site continuous inspections that are required by the Building Official of grading projects or developments for which adopted conditions of approval:

      (1)   Require any specific or general features to be incorporated into the earthwork; or

      (2)   Restrict or limit the earthwork in any way that is more restrictive than the grading provisions prescribed in the California Building Code.

(Ord. 4011, passed - -2007)

   (a)   Applicable Projects. The provisions of this Chapter apply to projects that:

      (1)   Have been conditionally approved; and

      (2)   Involve grading in excess of 5,000 cubic yards; and

      (3)   When either of the following conditions exist:

         (A)   Natural pregraded slopes of 15 percent or greater; or

         (B)   Requirements for natural open space retention.

   (b)   Supplement Other Applicable Grading Requirements. The provisions in this Chapter are in addition to the provisions of the California Building Code and any geotechnical investigation report recommendations.

(Ord. 4011, passed - -2007)

   (a)   Independent. The quality control engineer shall not be employed by, have any relationship to, or interest in the developer, or any contracting, engineering, or geotechnical companies performing work on or providing services to the project being inspected.

   (b)   Duties and Responsibilities. The quality control engineer shall:

      (1)   Inspect the work in progress to ensure compliance with the conditions of approval including:

         (A)   Slope ratio.

         (B)   Slope height.

         (C)   Slope location.

         (D)   Areas of land disturbance.

      (2)   Set provisions regarding:

         (A)   Archeology.

         (B)   Paleontology.

         (C)   Landscaping.

         (D)   Erosion control.

         (E)   Protection of native plants and animals.

         (F)   Any other conditions of approval that will control or impact grading.

      (3)   Report to and file reports with the Building Official as required by the Building Official.

(Ord. 4011, passed - -2007)

   (a)   Deposit Required for Services of Quality Control Engineer. Before the issuance of the grading permit, the developer shall post a deposit with the Building Official in the amount and in the form specified by the Building Official. The deposit funds held in trust shall be dispersed to the quality control engineer by the Building Official under the terms of the agreement between the County and the quality control engineer to pay for the services of the quality control engineer.

   (b)   Additional Deposits Required. The Building Official shall notify the developer if and when it becomes apparent that the deposit will be exhausted and the developer shall make the additional deposit as is required by the Building Official.

   (c)   Suspension or Revocation of Grading Permit. If the developer fails to submit the additional deposit by the date specified by the Building Official, the Building Official shall suspend or revoke the grading permit, in compliance with the provisions of the California Building Code and order that work on the project be ceased.

   (d)   Refunds. Upon completion of the work, unused funds shall be returned to the developer within 60 days following the final grading and quality control inspection approvals.

(Ord. 4011, passed - -2007)

   The Building Official shall have authority to adopt reasonable rules and regulations to clarify, interpret, and enforce the provisions of this Chapter. The Building Official may approve variations when the variations are not detrimental to the life, health, safety or welfare of the public and are necessary because of particular or peculiar circumstances, and will achieve the same level of protection as the original condition. Variations of the environmental conditions shall be applied for and processed in the same manner as other grading variations.

(Ord. 4011, passed - -2007)

   For the purpose of the Chapter, the Building Official may retain, on behalf of the County, independent engineers to serve as the quality control engineer on projects regulated by this Chapter using a standard form contract approved by the Board of Supervisors.

(Ord. 4011, passed - -2007)

   (a)   Authority to Enforce. The Building Official shall have the authority to enforce the provisions of this Chapter and may use any legal means to accomplish enforcement, including:

      (1)   Suspending and/or revoking any permits that have been issued by the Building Official for the project, whether or not the permits are for the earthwork grading; and

      (2)   Withholding issuance of any permits on the project for which applications have been filed.

   (b)   Authority to Expend Deposited Funds. The Building Official shall have the authority to expend any remaining funds in the developer’s deposit to obtain compliance with this Chapter.

(Ord. 4011, passed - -2007)

   Grading shall be conducted in the Desert Region in compliance with the provisions of § 88.02.040.

(Ord. 4011, passed - -2007)

   This Chapter regulates and controls dedications and the installation of street improvements and trails. The regulations are intended to preserve the public health, safety, and general welfare; to promote orderly growth and development; and to ensure the provision of adequate traffic circulation, utilities, and services.

(Ord. 4011, passed - -2007)

   The requirements of this Chapter shall apply to all subdivision and single-parcel developments. The road dedication and street improvement standards provided in this Chapter do not apply to: (1) the alteration or enlargement of an existing building or structure on a lot or parcel of land if the total square footage of such alteration or enlargement, and all other alterations or enlargements completed three years prior to the date of the application for a permit for such alteration or enlargement, does not exceed one-half of the original square footage of all buildings and structures on such lot or parcel of land, or (2) the erection of one or more accessory structures (not including accessory dwellings) as defined in § 810.01.030(g) of the County Code. For purposes of this section, “original square footage” means the square footage of all buildings and structures that existed on such lot or parcel of land three years prior to the date of the application for such permit.

(Ord. 4011, passed - -2007; Am. Ord. 4181, passed - -2012)

   (a)   Dedications Required by Approved Plans or Ordinances. Before final inspection of structures, the dedication of additional street and/or highway right-of-way may, at the discretion of the Director of Public Works, be required to comply with the General Plan, an adopted specific plan, a Local Area Transportation Facilities Plan, or the provisions of any specific ordinance which has established a future right-of-way line.

   (b)   Dedications Required in Absence of Approved Plans or Ordinances. Where approved plans or ordinances do not exist, the required dedications shall be as follows:

      (1)   Desert Region. In the Desert Region, a 44-foot half width on section lines and quarter section lines and a 30-foot half width on sixteenth section lines shall be required.

      (2)   Mountain Region. In the Mountain Region, a 20-foot half width from centerline shall be required; however, whenever the Director of Public Works waives this dedication requirement, a ten- foot half width shall be the absolute minimum required.

      (3)   Valley Region. In the Valley Region, additional right-of-way shall be required in compliance with road widths established by the General Plan after review by the Director of Public Works.

(Ord. 4011, passed - -2007)

   (a)   Dedications Required by Approved Plans or Ordinances. Before final inspection of structures, the dedication of a trail right-of-way may, at the discretion of the Director, be required to comply with the General Plan, an adopted specific plan, or the provisions of any specific ordinance that has established a future right-of-way line.

   (b)   Dedications Required in Absence of Approved Plans or Ordinances. Where approved plans or ordinances do not exist, the required dedications may be required for specific plans and planned development projects and shall be as follows:

      (1)   Proposed development adjacent to trail systems may be required to dedicate land for trail access points, as determined by the Director.

      (2)   The dedication or offers of dedication of trail easements where appropriate may be required for establishing a planned trails system alignment or where an established trail is jeopardized by impending development.

   (c)   Development Standards.

      (1)   To ensure application of uniform design standards and to promote the safety of trail users and their enjoyment of the trails system, the Director shall apply the County Trail Use and Design Guidelines. These standards are intended to serve as a general guide, and may at times be superseded by standards of managing agencies other than San Bernardino County (e.g., U.S. Forest Service standards). Standards may vary depending on the proposed use and operation of the trail; more detailed standards for specific trails may be developed at the time specific siting and planning for a trail link is completed.

      (2)   The scenic corridor on either side of a proposed trail route, measured from the outside edge of the right-of-way, trail, or path shall be identified. Development along the scenic corridor shall be compatible with existing scenic qualities.

      (3)   Signage shall indicate approved off-highway vehicle (OHV) trails or access areas and shall notify where OHV use is prohibited.

   (d)   Delayed Improvements. Delayed improvements may be allowed in compliance with § 83.05.060 (Delayed Improvements).

   (e)   Waiver of Public Works Requirements. A waiver of the Public Works Department requirements may be allowed in compliance with § 83.05.070 (Waiver or Modification of Dedication and/or Street Improvement Requirements).

(Ord. 4011, passed - -2007)

   (a)   When Installation of Street Improvements Required. Before final inspection of a structure or improvement resulting in an increase or change of vehicular traffic that necessitates the construction of street improvements for the purposes of protecting public safety and health, the installation of street improvements may, at the discretion of the Director of Public Works, be required in compliance with the current adopted County standards.

   (b)   Street Improvements Described. Street improvements shall include any or all of the following:

      (1)   Curb and gutter.

      (2)   Sidewalks.

      (3)   Concrete driveway approaches.

      (4)   Drainage structures.

      (5)   Back filling and preparation of the road surface to rough grade for the placement of paving.

      (6)   Paving.

      (7)   Other necessary improvements as determined by the Director of Public Works.

(Ord. 4011, passed - -2007)

(Ord. 4011, passed - -2007; Am. Ord. 4180, passed - -2012)

   (a)   Request for Waiver or Modification of Dedication and/or Street Improvement Requirements. The Director and the Director of the Department of Public Works shall have the authority to approve a request for a waiver or modification, in whole or in part, of the dedication and/or street improvement requirements as defined in § 83.05.050(b). Requests for a waiver or modification may be made by the applicant on the form made available by the Land Use Services Department or may be initiated by the Director or the Director of the Department of Public Works. Waivers or modifications initiated by the Director or the Director of the Department of Public Works may be made at any time during the development approval process. The waiver or modification must be approved by both the Director and the Director of the Department of Public Works.

   (b)   Appeal of Action Taken by the Director and the Director of the Department of Public Works.

   Before final inspection of a structure, the Building Official shall determine that all of the following have been accomplished:

   (a)   Dedications have been provided.

   (b)   Street improvements have either been installed or that a cash deposit, surety bond or other form of acceptable surety in an amount equal to the estimated cost of the street improvements has been posted with the County Department of Public Works to ensure the installation of the street improvements.

(Ord. 4011, passed - -2007)

   The purpose of this Chapter is to establish requirements for fences, hedges, and walls to ensure that these elements do not unnecessarily block views and sunlight; provide adequate buffering between different land uses; provide screening of outdoor uses and equipment; and provide for the mitigation of noise. These requirements are designed to provide aesthetic enhancement of the County.

(Ord. 4011, passed - -2007)

   The provisions of this Chapter apply to all fences, hedges, and walls unless otherwise stated. These regulations do not apply to fences or walls required by regulations of a State or Federal agency, or by the County for reasons of public safety, or to retaining walls which are regulated by § 83.02.070 (Setback Regulations and Exceptions).

(Ord. 4011, passed - -2007)

   Fences, hedges, and walls may be erected/maintained within required setback areas to the heights identified in Table 83-6, below. See also Figure 83-5.

 

(Ord. 4011, passed - -2007)

   (a)   The height of a fence or wall shall be measured from the finished grade at the location in which the fence or wall is to be located.

   (b)   Where there is a difference in the ground level between two adjacent parcels, the height of a fence or wall constructed along the property line shall be determined by using the finish grade of the lowest contiguous parcel.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   Walls shall be provided and maintained between different land use zoning districts in the following manner:

   (a)   Nonresidential or Multi-Family. Where a nonresidential land use district abuts property in any residential land use zoning district or a Multiple Residential Land Use Zoning District abuts property in a Single Residential Land Use Zoning District, a solid masonry wall shall be constructed on the land use zoning district boundary line consistent with the height limitations contained in Table 83-6. If a public right-of-way separates a nonresidential district from any residential district or multi-family residential district from a Single Residential Land Use Zoning District, this wall requirement may not apply. Also, this requirement shall not apply to the Rural Commercial (CR) Land Use Zoning District in the Desert Region.

   (b)   Industrial. Where an industrial land use zoning district abuts property in a non-industrial land use zoning district, a solid masonry wall, a minimum of six feet in height, shall be constructed on the land use zoning district boundary line.

   (c)   Design and Construction. Walls shall be of solid masonry construction and shall be of a decorative design when in view of public rights-of-way subject to the approval of the Director.

   (d)   Modification of Requirements. The Director may waive or modify requirements for walls between different land use zoning districts where a solid masonry wall already exists on the abutting property if the following findings can be made in a positive manner:

      (1)   The existing wall meets, or would be modified to conform to, the intent of this Chapter.

      (2)   Suitable landscaping would be installed adjacent to the existing wall to supplement and enhance the desired physical separation.

      (3)   The existing wall would be protected to prevent vehicle damage, if necessary.

      (4)   Concurrence of the abutting property owner(s) would be obtained, to modify the existing wall to meet the requirements of this Chapter.

(Ord. 4011, passed - -2007)

   (a)   Swimming Pools, Spas, and Similar Features. Swimming pools, spas, and other similar features shall be fenced in compliance with the California Building Code.

   (b)   Outdoor Equipment, Storage, and Work Areas. Screening of outdoor uses and equipment and activities shall be provided in compliance with § 83.02.060 (Screening and Buffering).

   (c)   Temporary Fencing. Temporary fencing may be necessary to protect archaeological or historic resources and/or trees during site preparation and construction. Temporary fencing for these purposes shall be subject to the approval of the Director.

   (d)   Walls along Rights-of-way.

      (1)   Walls shall be constructed of decorative concrete or masonry materials up to six feet in height.

      (2)   Aesthetic appeal as well as structural integrity shall be considered when designing the wall.

      (3)   The design shall include an appropriate mix of materials and landscaping subject to the approval of the Director.

(Ord. 4011, passed - -2007)

   (a)   Chain Link Fencing. Permanent chain link fencing or similar materials (chicken wire, hog fencing, etc.) is prohibited in residential land use zoning districts in the Valley Region, except in those cases where it is not visible from the public right-of-way or where the fence does not extend in front of the primary structure and is camouflaged to the greatest extent possible with plantings or similar shrouding, and except in those cases where the use is adjacent to public rights-of-way in commercial and industrial zoning districts. Chain link fencing shall be allowed for temporary uses. In the Mountain Region, chain link fencing will be allowed when used in conjunction with other fencing materials (i.e., split-rail fencing) and when camouflaged to the greatest extent possible. In the Desert Region, the prohibition against chain link fencing will not apply.

   (b)   Barbed Wire/Razor Wire Fencing. Barbed wire and razor wire fencing shall be prohibited in residential land use zoning districts or adjacent to public rights-of-way in commercial and industrial zoning districts. Barbed wire, razor wire, or other sharp pointed material may only be used in the construction of a fence if it is at least six feet above ground level.

   (c)   Tarp Fencing. Tarp fencing shall be prohibited in all land use zoning districts.

   (d)   Electrified Fencing. The use of electrified fencing or wires in conjunction with any fence, wall, roof, hedge, or by itself along the property lines of a parcel within any land use zoning district is prohibited unless required by the law or a regulation of the city, the County, the State, Federal Government, agency, or as a condition of approval. The fencing may be allowed within the interior of a parcel if buffered from other properties by a separate barrier.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   This chapter shall be known as the "San Bernardino County Light Trespass Ordinance."

(Ord. 4419, passed - -2021)

   The purpose of this chapter is to implement the goals and policies of the Countywide Plan and to protect and promote the public health, safety, welfare, and quality of life of the citizens and visitors of the County by establishing regulations and a process for review of outdoor lighting in order to accomplish the following:

   (a)   Minimize direct glare and prevent excessive lighting, thereby minimizing light trespass and pollution caused by inappropriate or misaligned light fixtures, and promoting common courtesy among neighbors.

   (b)   Assist in the overall efforts by the County to preserve the night sky and thereby help preserve the County's rural quality of life and the scenic value of this desirable visual resource.

   (c)   Promote wildlife habitation and migration by minimizing light trespass and pollution into and adjacent to habitat areas.

   (d)   Provide sufficient lighting where it is needed to promote safety and security on public and private property.

   (e)   Allow flexibility in the style of outdoor lighting.

   (f)   Provide standards for efficient and moderate use of lighting which balance energy use and economic impact.

   (g)   Provide lighting standards that can evolve according to advancements in technology.

   (h)   Promote lighting practices and systems which conserve energy, decrease dependence on fossil fuels and limit greenhouse gas emissions consistent with the California Global Warming Solutions Act and other applicable state and federal laws.

(Ord. 4419, passed - -2021)

   The definitions in this section are intended to apply to this chapter only. Any term or phrase which is not specifically defined herein shall have the definition as provided by Division 10 of the Development Code or elsewhere within the County Code. The following words and phrases are defined as follows:

(Ord. 4419, passed - -2021)

      (1)   Outdoor light fixtures that have the ability to be redirected, shall be directed downward so as to minimize sky glow, glare and light trespass onto adjacent properties; and

      (2)   Outdoor light fixtures that have adjustable dimmers with color temperature that exceeds 3,000 Kelvin shall be dimmed to 3,000 Kelvin or lower to minimize glare and light trespass onto adjacent properties.

      (1)   Indoor lighting.

      (2)   Lighting within the public right-of-way for the principal purpose of illuminating public streets or traffic control.

      (3)   Lighting solely used to illuminate signs for which a permit has been received.

      (4)   Lighting solely used to illuminate address signs.

      (5)   Construction or emergency lighting provided such lighting is temporary, necessary, and is discontinued immediately upon completion of the construction work or termination of the emergency.

      (6)   Aircraft navigation lights such as those attached to radio/television towers and regulated by federal or state standards.

      (7)   Short-term lighting associated with activities authorized by a valid temporary use permit, special event permit or film permit during the duration of the permit.

      (8)   Outdoor lighting fixtures on facilities or lands owned, operated, or controlled by the United States Government or State of California.

      (9)   Short-term lighting associated with recreational facilities for outdoor sport and recreational use. Recreational facilities shall not be illuminated unless the facilities are being utilized. The illumination shall be turned off no later than 11:00 p.m. or one hour after termination of the event and/or use, whichever occurs last.

      (10)   Seasonal lighting.

      (11)   Outdoor lighting, or other facility lighting, for industrial facilities that conduct outdoor operations after sunset and before sunrise pursuant to a valid use permit, or other land use entitlement, or otherwise applicable law.

(Ord. 4419, passed - -2021)

   This section provides standards for outdoor lighting in the Valley region of the County.

      (1)   An abutting residential land use zoning district;

      (2)   A residential parcel; or

      (3)   Public right-of-way.

(Ord. 4419, passed - -2021)

   This section provides standards for outdoor lighting in the mountain and desert regions of the County.

      (1)   Lighting used for entry and exit points of a structure, parking areas, driveways and driveway ingress/egress points; or

      (2)   Lighting activated by a motion sensor that extinguishes no later than five minutes after activation.

      (1)   The correlated color temperature of the light sources does not exceed 3,000 Kelvin; and

      (2)   The emission of no individual lamp in the string exceeds forty initial lumens, and the aggregate total of lumen output of such string lights used as outdoor light fixtures does not exceed 4,000 lumens.

(Ord. 4419, passed - -2021)

(Ord. 4419, passed - -2021)

      (1)   Outdoor lighting in commercial and industrial land use zoning districts shall comply within 18 months from the effective date of this ordinance.

      (2)   Outdoor lighting in all remaining land use zoning districts shall comply within 24 months from the effective date of this ordinance.

(Ord. 4419, passed - -2021)

   Any violation of the provisions of this chapter by any person shall be punishable in accordance with the provisions of Chapter 86.09 (Enforcement) of this Development Code and Chapter 2 (Violations and Enforcement) of Division 1 of Title 1 of the County Code.

(Ord. 4419, passed - -2021)

   This Chapter establishes regulations for development within hillside areas to:

   (a)   Facilitate appropriate hillside development through standards and guidelines for hillside areas.

   (b)   Ensure that development in the hillside areas is designed to fit the existing landform.

   (c)   Preserve significant features of the natural topography, including swales, canyons, streams, knolls, ridgelines, and rock outcrops.

   (d)   Provide a safe means of ingress, egress and traffic flow for all forms of permissible traffic within hillside areas.

   (e)   Provide alternative approaches to conventional grading practices by achieving development intensities that are consistent with the natural characteristics of hillside areas (e.g., land form, scenic quality, slopes, and vegetation).

   (f)   Encourage the planning, design, and development of sites that provide maximum safety with respect to fire hazards, exposure to geological hazards, drainage, erosion and siltation, and materials of construction; provide the best use of natural terrain; and to discourage development that will create or disproportionately increase fire, flood, slide, or other safety hazards to public health, welfare, and safety.

(Ord. 4011, passed - -2007)

   (a)   Slope Gradient of 15 Percent or Greater. The standards contained in this Chapter apply to all uses and structures within areas having a natural slope gradient of 15 percent or greater over the area being graded and requiring a Grading Permit. For the purpose of this Chapter, slope shall be computed as set forth in § 83.08.040(b) for the area being graded before grading is commenced.

   (b)   Site Conditions Requiring Hillside Grading Review. If the slope gradient is 15 percent or greater and if any one of the following thresholds applies on a particular site meeting the criteria set forth in Subdivision (a) above, a full analysis and compliance with this Chapter shall be required and a Hillside Grading Review shall be conducted in compliance with § 83.08.030 (Hillside Grading Review):

      (1)   The volume of proposed grading is more than 500 cubic yards per lot or more than a total of 2,000 cubic yards for the total project.

      (2)   If retaining walls or the proposed cut or fill slopes greater than 15 feet in height will be visible and exposed to permanent public view or will be adjacent to designated open space or public lands.

      (3)   The width of proposed cut or fill slopes is greater than 75 feet in the Valley and Mountain Regions and 150 feet in the Desert Region as measured at the widest point of the slope.

      (4)   The area of proposed disturbance is more than 50 percent of the site area, or the proposed disturbed area exceeds 10,000 square feet, whichever is less.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008)

   A subdivision, land use permit, or Building Permit application for a site or development that meets or exceeds the thresholds in § 83.08.020 (Applicability) shall require a Hillside Grading Review.

         (A)   A legend with appropriate symbols shall include the following items: change in direction of drainage, elevation of regulated trees subject to the provisions of § 88.01.070(b) (Regulated Trees), estimated volumes proposed to be cut and/or filled, finished floor elevations, high point, low point, pad elevations, spot elevations, top of curb, and top of wall;

         (B)   A separate map, with proposed fill areas colored in green and cut areas colored in red, with areas where cut and/or fill exceed depths established in compliance with this Chapter. If custom foundations are proposed, this shall be noted on the map. Additionally, the area of cut and/or fill, calculated as a percentage of the total surface area of the site, shall be included on the plan; and

         (C)   Contours for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour line darker; and proposed contours shall be depicted similarly with solid lines. Contours shall be shown at maximum five-foot intervals above 20 percent slope.

         (D)   For the efficient use of water, grading of the project site shall be designed so that soil erosion, runoff, and water waste are minimized. As part of the landscape document package, if a project’s grading exceeds 100 cubic yards, then the project developer shall submit the most recent rough and/or precise grading plan(s) that have been prepared and signed by a licensed professional.

         (A)   Be drawn at the same scale and indexed, or keyed, to the grading plan, and project site map.

         (B)   Show existing and proposed topography, structures, and infrastructure. Proposed topography, structures, and infrastructure shall be drawn with a solid, heavy line. Existing topography and features shall be drawn with a thin or dashed line.

         (C)   The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, within at least 150 feet.

         (D)   The profiles shall be drawn along those locations of the project site where:

            (I)   The greatest alteration of existing topography is proposed;

            (II)   The most intense or dense development is proposed;

            (III)   The site that is most visible from surrounding land uses; and

            (IV)   At all site boundaries illustrating maximum and minimum conditions.

         (E)   At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45-degree angle to the other slope profiles and existing contour lines.

(Ord. 4011, passed - -2007; Am. Ord. 4400, passed - -2021)

   (a)   Landform Grading and Revegetation Standards. Incorporation of the basic principles of the landform grading and revegetation concept in the design and construction of hillside development projects shall be 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)   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)   Manufactured Sites.

         (A)   All manufactured cut and fill slopes exceeding 15 feet in height, which 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 shall include slopes along streets and highways, slopes adjacent to parks, schools, open spaces, and other public facilities, and other prominent and highly visible slopes. See Figure 83-7.

         (B)   Side setback slopes and rear setback slopes, less than 25 feet in height, need not have landform design applied.

         (C)   Slope drainage devices (i.e., down drains and interceptor drains) shall be designed so that they are built into the natural slope features and become hidden from view.

      (3)   When not otherwise required, terracing and the associated concrete drainage devices (i.e., 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 shall be applied in patterns resembling native plant distribution. See Figure 83-8.

   (b)   Slope Analysis.

      (1)   Calculating Average Slope. Use one of the following formulas or an acceptable alternative approved by the Director that would accurately portray the steepness of areas throughout the site that are proposed for development and preservation in open space to calculate the weighted average natural slope by slope category for the entire project site and the weighted average for the area to be graded:

 

 

 

   (c)   Grading.

      (1)   Grading Standards.

         (A)   Cut and fill slopes shall not be created greater than 50 percent (2:1).

         (B)   Where cut or fill conditions are created, slopes shall be varied rather than left at a constant angle that may be unstable or create an unnatural, rigid, “engineered” appearance. See Figure 83-9.

         (C)   The toe and crest of any slope in excess of ten feet in vertical height shall be rounded with vertical curves of radii no less that five feet and designed in proportion to the total height of the slope.

         (D)   A manufactured slope bank shall not exceed 30 feet in vertical height unless no feasible alternative exists or unless grading can be significantly reduced by increasing slope height. However, the use of an alternative design is strongly recommended as the desirable approach in reducing grading and slope height. Any bank exceeding 25 feet in height, regardless of length, shall have variable gradients.

         (E)   Grading shall be phased so that prompt revegetation or construction will control erosion. Where feasible, only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Topsoil shall be stockpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occur within three months of grading completion.

         (F)   Grading operations shall be prohibited during the rainy season, October 15 to April 15, unless adequate erosion control measures are implemented as approved by the Director to control run-off and retain sediment on-site.

         (G)   Retaining walls associated with lot pads shall not exceed four feet in height, where they will be visible to the public. Where an additional retained portion is necessary due to unusual or extreme conditions (i.e., parcel configuration, steep slope, or road design), the use of terraced retaining structures shall be considered on an individual parcel basis and shall only be allowed where landscaping is provided between the walls to soften the overall appearance. Terraced walls shall be separated by a minimum of three feet with appropriate landscaping. No more than three terraced or stepped walls shall be permitted without obtaining a Variance for more. Terraced retaining walls shall not be used as a typical solution within a development and shall be limited to the minimum required subject to approval of the Director.

         (H)   Parcel lines shall be placed two feet beyond top of major slope areas within public view corridors to help ensure their maintenance by the downhill owner.

         (I)   Where feasible, graded areas shall be designed with manufactured slopes located on the uphill side of structures, thereby hiding the slope behind the structure. See Figure 83-10.

         (J)   On parcels sloping with the street and other configurations not addressed above in this Subdivision (1), one retaining wall, not to exceed 42 inches in height, may be used in a side setback where necessary. See Figure 83-11.

      (2)   Drainage Standards.

         (A)   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 and road and utility crossings, 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 such crossing is feasible. Where brow ditches are required, they shall be naturalized with plant materials and native rocks.

         (B)   Terrace drains shall follow landform slope configuration. Down drains shall not be placed in exposed positions. Down drains shall be hidden in swales diagonally or curvilinearly across a slope face. In this manner they shall be built into the overall landform of the slope. See Figure 83-12.

         (C)   Building Permits and Grading Permits shall not be issued for construction on any site without an approved location for disposal of runoff waters, (i.e., a drainage channel, public street or alley, or private drainage easement).

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

            (I)   One parcel may drain across another parcel if an easement is provided either within an improved, open V-swale gutter that has a naturalized appearance or within a closed drainage pipe that should be a minimum 12 inches in diameter. This drainage shall be conveyed to either a public street or to a drainage easement. The easement width shall be determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

            (II)   On-site drainage shall be conveyed in an improved, open V-swale gutter that has a naturalized appearance, or within an underground pipe as determined on an individual basis and shall be dependent on appropriate hydrologic studies and access requirements.

         (E)   Slope drainage on graded slopes should be regulated per the California Building Code.

         (F)   Natural drainage courses shall be preserved and enhanced to the extent feasible. Rather than filling them in, drainage features shall be incorporated as an integral part of the project design.

      (3)   Access, Trails, and Roadway Standards.

         (A)   Driveway grades up to a maximum of 20 percent shall be allowed and shall be aligned with the natural contours of the land. Proper design considerations shall be employed (i.e., vertical curbs and parking landings). Parking landings shall be utilized on all driveways over ten percent in grade.

         (B)   Where retaining walls are necessary adjacent to roadways or within street setbacks, they shall be limited to three feet in height where they will be visible from the street in order to avoid obstruction of motorists’ and pedestrians’ field of view and to create an aesthetically pleasing streetscape. No more than four terraced or stepped retaining walls shall be utilized. Walls shall be separated by a minimum of three feet and include appropriate landscaping.

         (C)   Roadways and Driveways Shall Conform to the Natural Landform, Where Feasible. They shall not greatly alter the physical and visual character of a hillside by creating large notches in ridgelines, defining wide straight alignments, or by building switch-backs on visually prominent hillsides. Split sections and parking bays shall be utilized in the layout of hillside streets.

         (D)   Where Road Construction Is Allowed in Hillside Areas, the Extent of Vegetation Disturbance and Visual Disruption Shall Be Minimized by the Combined Use of Retaining Structures and Regrading to Approximate the Natural Slope. The following techniques shall be used where feasible:

            (I)   Utilize landform revegetation planting in order to create a natural appearance and provide a sense of privacy.

            (II)   Reduce the visual and safety impacts by use of terraced retaining walls and landscaping.

            (III)   Split roadways increase the amount and appearance of landscaping and the median can be used to handle drainage.

      (4)   Site Design.

         (A)   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 and to better fit the structure to the natural terrain. See Figure 83-14.

         (B)   Design of building sites shall be sensitive to the natural terrain. Structures shall be located in ways that minimize grading and preserve natural features (i.e., knolls or ridgelines). See Figure 83-15.

         (C)   Projects shall incorporate variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views for residents.

      (5)   Landscaping Standards. In addition to the requirements in Chapter 83.10 (Landscaping Standards) the following standards shall apply to hillside development subject to the requirements of this Chapter:

         (A)   Native or naturalized plants or other plant species that blend with the landscape shall be utilized in all areas with required planting.

         (B)   Fire retardant plant materials shall be utilized.

         (C)   A permanent landscape and irrigation system, for purposes of establishing and maintaining required planting, shall be installed on all slopes. The emphasis shall be toward using plant materials that will eventually need minimal irrigation. Water and energy conservation techniques shall be utilized, including drip irrigation, reclaimed water, and xeriscape. Within the Desert Region, if a natural landscape palette is selected, permanent irrigation need not be provided if it is demonstrated to the satisfaction of the Director that permanent irrigation is unnecessary. Drip irrigation need not be provided for landscape palettes where such a system would not be water-efficient. Reclaimed water need be used only in situations where it is available at the site.

         (D)   Landscaping shall be used to screen views of downslope building elevations. When the structure height exceeds 20 feet from finished grade on a downslope, additional landscaping shall be required and a landscaping plan shall be submitted for review with the submittal package.

         (E)   Slopes with required planting shall be planted with informal clusters of trees and shrubs to soften and vary the slope plane. Where required by the County, jute netting or similar material shall be used to help stabilize planting and minimize soil erosion.

         (F)   Native vegetation shall be retained and supplemented within undeveloped canyons and along natural drainage courses as allowed by State and Federal resource agencies (e.g., State Department of Fish & Game, U.S. Fish and Wildlife, U.S. Army Corps of Engineers, etc.).

         (G)   Landscaping shall become a “revegetation” process and be applied in patterns that occur in nature: Trees and shrubs shall be concentrated largely in concave areas, while convex portions shall be planted mainly with groundcovers.

(Ord. 4011, passed - -2007; Am. Ord. 4043, passed - -2008; Am. Ord. 4334, passed - -2017)

   The purpose of this Chapter is to establish the infrastructure improvements required for proposed development in order to ensure that the development does not result in fiscal liabilities to County residents. The intent is to require an appropriate range of infrastructure facilities and services to support areas of high intensity development and areas of low intensity development. The requirements are based upon the direct relationship between the intensity of land uses and the amounts of facilities and services that are needed to support the uses.

(Ord. 4011, passed - -2007)