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HomeMy WebLinkAboutORD 1071ORD 1071pT3(Ìì¿©+ I ORDINANCE NO. 1071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING CHAPTERS 17.04, 17.10, 17.32, 17.50, 17.52, AND 17.56 OF THE BALDWIN PARK MUNICIPAL CODE CASE NO. AZC-132). The City Council of the City of Baldwin Park does ordain as follows: SECTION 1. Chapters 17.04, 17.10, 17.32, 17.50, 17.52, and 17.56, are hereby amended to read as shown on Exhibits A" through F", on file with the Secretary of the Planning Commission. SECTION 2. That the City Council at the time of the public hearing for the above matter, reviewed and considered the proposed Negative Declaration, and comments relating thereto. The City Council, based upon its public review, does hereby approve the proposed Negative Declaration, since there is no substantial evidence that the project will have a significant impact on the environment. SECTION 3. That in conjunction with the Negative Declaration, the City Council considered and does hereby approve, adopt, and file the California Department of Fish and Game, Certificate of Fee Exemption for De Minimis Impact Finding, as the environmental analysis offers no substantial evidence that the proposed Code amendments will have potential for an adverse effect, either individually or cumulatively, on wildlife resource, as defined in Section 711.2 of the Fish and Game Code. SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law, and shall forward a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning Commission, on behalf of the City Clerk, shall file the Negative Declaration of Environmental Impact and Certificate of Fee Exemption in the manner prescribed by law. PASSED AND APPROVED this 4th day of August 1993 MAYOR STATE OF CALIFORNIA) COUNTY OF LOS ANGELES) SS: CITY OF BALDWIN PARK) BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+Ordinance No. 1071 Page 2 of 2 I, LINDA L. GAIR, CITY CLERK OF THE CITY OF BALDWIN PARK, do hereby certify that the foregoing Ordinance No. 1071 was regularly introduced and placed upon its reading at a regular meeting of the City Council on the 21st of July, 1993. That, thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 4th day of August, 1993 by the following vote: AYES COUNCILMEMBER MCNEILL, MARTINEZ, GALLEGOS, IZELL, MAYOR VARGAS NOES COUNCILMEMBER NONE ABSENT COUNCILMEMBERS NONE ABSTAIN: COUNCILMEMBERS NONE BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+Proposed Amendments to the Zoning Code Additions bold) and Deletions Strike Out) Chapter 17.04, Definitions 17.04.143 church. Church means an establishment the principal purpose of which is religious worship,and for which the principal structure contains the sanctuary, and including accessory uses in the main structure or in separate buildings, including, but not limited to assembly rooms, library room, day care nursery, a one- family dwelling unit, and facilities for residences of or training of religious orders. 17.04.180 Department. Department" means the Department of Community Development. 17.04.190 Director. *Director" means the Director of Community Development. 17.04.266 Floor area ratio FAR). *Floor area ratio' means a ratio derived by dividing the total net floor area of all structures built and maintained on a lot, including the main building and accessory buildings by the lot area. 17.04.320 guesthouse. Guesthouse means living quarters, having no kitchen facilities, located within an accessory building located on an R-1" zoned lot, available for use solely by members of the family who occupy the one-family dwelling on the lot, or temporary guests or persons permanently employed on the premises, as domestic help. No guesthouse is permitted on any lot within the city as a conforming use. 17.04.553 Setback. Setback" means the distance between the lot line and the line of a building or any projection thereof, excluding those projections which are expressly authorized is this Title as a permissible intrusion into a required yard area. EXHIBIT A BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+Chapter 17.34, Parking 17.34.220 Parking spaces. The off-street parking spaces required for each principal use, shall be not less than the following, provided, that any fractional parking spaces equalizing or greater than one-half 1/2) shall be computed as a whole: Use Parking Spaces Required A. Residential Zones 1. R-1 2 parking spaces for each dwelling Unit, which shall be located in a garage, plus 1 additional parking space for each dwelling unit with five 5) or more bedrooms, which space shall be located in a carport or garage. Chapter 17.50, Nonconforming Buildings, Structures and Uses 17.50.190 Minor additions to dwellings in the R-l Zone permitted without Provision of conforming Parking. Here a single family residence is located on any residentially zoned lot, and such use is nonconforming by reason of inadequate parking, that residence may be enlarged to a maximum addition of six hundred 600) square feet of floor area without the provision of conforming parking. The construction of any accessory building or structure allowed pursuant to the zoning regulations applicable to the R-l Zone under this Title, shall also be permitted on any such lot. 2 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 R-1 SINGLE-FAMILY RESIDENTIAL ZONE Sections: 17.10.010 Purpose. 17.10.020 Uses permitted. 17.10.030 Uses permitted by a conditional use permit. 17.10.040 Development standards--Generally. 17.10.050 Minimum lot area. 17.10.060 Minimum lot width. 17.10.070 Minimum lot depth. 17.10.080 Minimum street frontage. 17.10.090 Minimum yard areas. 17.10.100 Open space area. 17.10.110 Maximum floor area ratio. 17.10.120 Minimum floor area D] welling unit. 17.10.130 Maximum height limit. 17.10.140 Minimum dwelling unit width. 17.10.150 Architecture. 17.10.160 Landscaping. 17.10.170 Signage. 17.10.180 Parking. 17.10.190 Walls, fences, and hedge.. 17.10.200 Manufactured housing- Limitations and development standard.. 17.10.210 Accessory buildings--Limitations and development standards. 17.10.220 Second dwelling units--Limitations and development standards. 17.10.230 Off-street parking facilities developed in conjunction with a commercial or manufacturing use--Limitations and development standards. 17.10.240 Selected uses permitted by conditional use permit- Limitations and development standards. 17.10.250 Flag lots--Standards for creation. 17.10.260 Flag lots--Limitations and development standards. 17.10.270 Flag lot--Minimum y]ard areas 17.10.280 Design Review'. 1 EXHIBIT B BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ 17.10.010 Purpose. In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the City, the regulations set out in this Chapter shall be applicable to all uses of properties classified in the R-l zone. 17.10.020 Uses permitted. No person shall use, nor shall any person permit the use, of any property classified in the R-l zone for any use other than the following, except as provided for in Section l7.10.030. A. Principal use. The principal use shall be o]ne 1) single-family dwelling per lots, which dwelling may be developed as: 1. Site-built housing; or 2. Manufactured housing, including factory-built housing and mobilehomes, provided the same is developed and maintained in accordance with Section 17.10.200. B. Accessory Uses. Those uses designated as accessory uses pursuant to the provisions of this Chapter Title shall be permitted, except for guesthouses which shall not be permitted. Accessory building and structures constructed and maintained for the purpose of accommodating an accessory use shall comply with the limitations and standards established in Section 17.10.210. 17.10.030 Uses Permitted by a conditional use permit. The following uses may be permitted subject to the issuance of a conditional use permit, pursuant to the provisions of this Title: A. One 1) second dwelling unit per lot, provided that the dwelling is developed and maintained in accordance with Section 17.10.220; B. Off-street parking facilities in conjunction with commercial and manufacturing uses; provided that a BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ the facility in developed and maintained in accordance with Section 17.10.230; C. Churches provided that such use in developed and maintained in accordance with Section 17.10.240; D. Educational institutions provided that such use in developed and maintained in accordance with Section 17.10.240; E. Nursing, convalescent, or rest homes, provided that such use is developed and maintained in accordance with Section 17.10.240; F. Homes for the physically or mentally impaired, provided that such use in developed in accordance with Section 17.10.240-.; G. Mobilehome parks, provided that such use is developed and maintained in accordance with Chapter 17.38-, and that the maximum number of mobile homes per acre shall not exceed the number maximum permissible density for single-family residential areas, as established by the General Plan-,. 17.10.040 Development standards--Generally. All uses of property in the R-l zone shall comply with the development standards set out in Sections 17.10.050 through 17.10.190, except as specifically provided for elsewhere in this Chapter. 17.10.050 Minimum lot area. Each lot hereafter created shall have and maintain a minimum net lot area of not less than five thousand 5,000) square feet. 17.10.060 Minimum lot width. Each lot hereafter created shall have and maintain a lot width of not less than fifty 50)feet, except that a corner lot shall have and maintain a lot width of not less than fifty-five 55) feet. 17.10.070 Minimum lot depth. Each lot hereafter created shall have and maintain a minimum lot depth of not less that fifty 50) feet. 17.10.080 Street frontage. Each lot hereafter created shall have and maintain a minimum street frontage of fifteen 15) feet. 17.10.090 Minimum yard areas. Each lot shall have and maintain front, side, and rear yard areas in conformance with the following requirements, and as shown in Diagram A, attached to the ordinance codified in this Title and on file at the City Clerk's office, except as specifically provided for elsewhere in this Chapter: A. Front yard area. A f]ront yard shall have a minimum depth of fifteen 15) feet, BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+except that a garage structure requiring entry at an angle generally perpendicular to the street shall have and maintain a minimum setback of twenty 20) feet from the front lot line. B. Side yard area. A side yard area shall have and maintain a minimum width of five 5) feet, except: 1. T]hat a corner lot shall observe a minimum side yard depth area of ten 10) feet on the street side, provided that a garage structure requiring entry at an angle generally perpendicular to the street shall have and maintain a minimum setback of twenty 20) feet from the street side property line. 2. That a reversed corner lot shall Observe a minimum side yard area of fifteen 15) feet on the street side, which may be reduced to ten 10) feet in the instance of a legally established reverse corner lot with less than fifty 50) feet of lot width, provided that a garage structure requiring entry at an angle generally perpendicular to the street shall have and maintain a minimum setback of twenty 20) feet from the street side property line; and 3. That additions to a single family dwelling may continue a legally established deficient side yard area of not less than four 4) feet; and 4. legally established interior lot of less than fifty 50) feet in lot width, may have and maintain a side yard of not less than four 4) feet. C. Rear yard area. A rear yard shall have and maintain a minimum depth of five 5) feet, D. Permissible encroachments. Encroachments may project from a building structure into a required yard area or setback in accordance with Chapter 17.46, provided that no encroachment shall project to less than three 3) feet from a lot line. BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿© + 17.10.100 Open Space Area. Each lot occupied by a residential use shall provided for areas of useable open apace, the total square footage of which shall amount to sixteen 16) percent of the net lot area, provided: A. An open apace area shall have a minimum dimension of fifteen 15) feet, and that one 1) or more open apace areas may be provided for each dwelling, provided that the minimum dimension requirement is strictly adhered to for each open apace area; and B. An open apace area shall be permitted to encroach upon required aide and rear yard areas, but shall not encroach upon a required front yard area, and C. An open apace area shall not be located between the street and the main dwelling unit and D. An open apace area shall have no structrual encroachments or encroachment for vehicular access and parking, and shall be maintained as clear to the sky, except that pools, spas, or similar accessory uses, designated for recreational purposes may be placed within the open apace area. 17.10.110 Maximum floor area ratio. The total floor area of all structures built and maintained on a lot, including but not limited to dwellings, garages and accessory buildings, shall not exceed fifty 50) percent of the net lot area, which requirement shall also be referred to as a maximum floor area ratio of 0.50. Patios, porches and similar structures enclosed by permanent construction on not more that two 2) aides shall be exempted from this requirement. 5 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿© + 17.10.120 Minimum floor area D]welling unit. A. Each d] welling unit shall have a minimum floor area, based on the bedroom count as follows. Calculations of the floor area for thin requirement shall exclude garages, and porches, patios, and similar structures enclosed by permanent construction on not more than two 2) Sides. 1. One 1) bedroom unit dwelling, eight hundred fifty 850) square feet; 2. Two 2) bedroom dwelling, one thousand 1,000) square feet; 3. Three 3) bedroom dwelling, one thousand one hundred fifty 1,150) square feet; 4. Four 4) bedroom dwelling, one thousand three hundred 1,300) square feet. 5. For each bedroom in excess of four 4) bedrooms, an additional one hundred fifty 150) square feet of floor area shall be provided. B. A den, library, study, or similar habitable room which functionally could be used as a bedroom shall be considered a bedroom for the purposes of determining the required minimum floor area. 17.10.130 Maximum height limit. No structure or building shall have a height in excess of twenty-seven 27) feet. 17.10.140 Minimum dwelling unit width. Each dwelling shall have and maintain a minimum width of not less than twenty 20) feet exclusive of any appurtenant structures, and which shall be measured from the outside of the building wall. 17.10.150 Architecture. All building structures shall be built and maintained in accordance with the following architectural standards: 17.10.120 A. Exterior siding. Each building structure shall have and maintain exterior siding of brick, wood, stucco, concrete or other similar material as approved by the City Planner; provided, that metal siding is prohibited. B. Roofing material. Each building structure shall have and maintain a roof constructed with woodshake, shingle, asphalt composition, tile i.e. slate, concrete, clay) or other similar roofing material as approved by the City Planner; provided, that metal roofing is prohibited. C. Roof e]aves. Each dwelling shall have and maintain an cave projection of not less than eighteen 18) inches on at least two 2) opposing sides. D. Exception. An accessory building, excluding an accessory dwelling unit, not to exceed two hundred fifty 250) 6 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿© +square feet in area may be constructed of metal or similar material as approved by the City Planner. 17.10.160 Landscaping. A minimum of fifty 50) percent of a required front and street aide yard area shall be fully landscaped, provided: A. That any portion of the required front and street side yard area which is not landscaped shall be used for the purpose of pedestrian and vehicular access; and B. That such landscaped area shall be permanently maintained by the owner of such lot. 17.10.170 Signage. Signs shall be permitted in accordance with Chapter 17.32. 17.10.180 Parking. Parking spaces shall be provided in accordance with Chapter 17.34. 17.10.190 Walls. fences. and hedges. Walls, fences and hedges shall be permitted in accordance with Chapter 17.46. 17.10.200 Manufactured housing--Limitations and development standard.. Each dwelling developed as a manufactured housing unit shall also comply with the following limitations and standards: A. That a manufactured housing unit shall be considered a one-family dwelling, and therefore, subject to the same development standards set out in Sections 17.10.050 through 17.10.190, except as provided for within a mobilehome park; and B. A mobilehome shall have been constructed and/or purchased new on or after October 1, 1976, and certified pursuant to the National Mobile Home Construction and Safety Standards Act of 1974, evidence of which shall be provided to the Director of Community Development in a manner approved by the Director; and C. A mobilehome shall be installed and maintained on a permanent continuous masonry or concrete foundation. 17.10.210 Accessory buildings--Limitations and development standards. Accessory buildings shall also comply with the following limitations and standards: A. An accessory building shall not be located between the main building and the street, except an attached or detached garage; and B. An accessory building may be detached to or detached from the main building, provided that a detached accessory building shall maintain a minimum distance of six 6) feet from the main building, and that a breezeway may span the distance between the main building and the accessory building; and C. The total square footage of accessory buildings which are constructed on a lot shall not exceed the lesser figure of fifty 50) percent of the ground floor area of the main building(s), or seven hundred fifty 750) square feet, except that 7 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿© ORD 1071pT3(Ìì¿© + C. The required front yard area shall be not less than fifteen 15) feet in depth, and a required street side yard area shall be not less than ten 10) feet in width, except that a reversed corner lot shall observe a minimum street side yard area of fifteen 15) feet in width. These yard areas shall be fully landscaped except at points of pedestrian and vehicular access; and D. That a masonry block wall six 6) feet in height shall be constructed adjacent to any R" zoned property, except that the wall shall be reduced to thirty-six 36) inches in height within and along a required front yard and street side yard area; and E. That in addition to the masonry block wall, a fully landscaped buffer strip measuring a minimum of three 3) feet in depth shall be provided adjacent to any R" zoned property, and F. That the parking facility shall have and maintain a minimum vehicular access drive of twenty 20) feet in width. 17.10.240 Selected uses Permitted by a conditional use permit Limitations and development standards. Such uses as specified in Section 17.10.030 shall also comply with the following limitations and minimum development standards: A. All such uses shall have and maintain a minimum net lot area of not less than one-half 1/2) acre; and B. All such uses shall have and maintain a minimum width, depth and street frontage of seventy 70) feet; and C. For all such uses, the side yard area shall be a minimum width of ten 10) feet, and the rear yard area shall be a minimum depth of ten 10) feet; and D. All such uses shall have and maintain a minimum vehicular access drive of twenty 20) feet in width; E. That Section 17.10.210.c, applying a minimum total square footage for accessory buildings shall not apply, provided that the use, size and placement of accessory buildings shall be subordinate to the main building(s), and subject to review through the conditional use permit process. 17.10.250 Flap lots--Standards for creation. Notwithstanding the provisions of Sections 17.10.040 through 17.10.190, a flag lot may be created from any lot in accordance with Diagram B, attached to the ordinance codified in this Title and on file at the City Clerk's office, if such lot, prior to being subdivided, meets the following: A. That the lot has a net area of not less than eleven thousand five hundred 11,500) square feet; and B. That the lot has not less than sixty-five 65) feet of street frontage. 17.10.260 Flag lots--Limitations and development standards. No flag lot shall be created unless the same meets the following development standards: 9 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ A. That the flag lot shall have and maintain not less than six thousand five hundred 6,500) square feet of lot area; and B. That the developable portion of the flag lot exclusive of the staff of the flag lot, shall measure not less than five thousand 5,000) square feet in lot area-.; and C. That the flag lot ill shall have a minimum street frontage of not less than fifteen 15) feet, which shall also be maintained as the minimum width of the staff portion of the flag lot; and D. That the minimum width of such flag lot, shall be not less than sixty-five 65) feet, and shall be determined in accordance with the definitions contained in this Title, provided that the staff portion of the flag lot shall not be considered in determining flag lot width and depth; and E. That no portion of the flag lot shall be utilized to provide vehicular access to any other lot. F. That the construction of a second dwelling unit on a flag lot shall also meet the following development standards: 1. The developable portion of the flag lot shall measure not less than ten thousand 10,000) square feet in lot area exclusive of the staff of the flag lot; and 2. The flag lot shall have and maintain a minimum street frontage of twenty 20) feet, which shall also be maintained au the minimum width of the staff portion of the flag lot. 3. The flag lot shall have and maintain a minimum lot width of seventy 70) feet, which shall be determined in accordance with the provisions in this Title, provided that the staff portion of the flag lot shall not be considered in determining flag lot width and depth, and G. That the staff" shall be defined as an extension of the flag lot which provides direct vehicular access to the public street from any developable portion of the flag lot, and which shall measure not less than fifteen 15) feet in width; and H. That the developable" portion of the flag lot shall be considered as any portion of the lot which is located to the rear of another lot, and which does not include the staff of the flag lot, or that which most nearly approximates such definition as determined by the City Planner. 17.10.270 Flag lots--Minimum y]ard areas. Each flag lot shall observe the following minimum required yard areas: A. Front yard area-,. A front yard area shall have and maintain a minimum depth of fifteen 15) which shall be measured as shown in Diagram B, attached to the ordinance codified in this Title and filed in the office of the City Clerk, and described as follows: 1. Either from that line of the developable portion of the flag lot which is also the rear property line of BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ the lot that separates the developable portion of the flag lot from the street to which much flag lot ha. vehicular access, or from that which most nearly approximates such line an determined by the City Planner; or 2. F]rom that line of the developable portion of the flag lot which also extends as a property line perpendicular to the public street and adjacent to the staff of the flag lot, or from that which most nearly approximates such line an determined by the City Planner; and B. Side yard. area-,. A side yard area shall have and maintain a minimum width of five 5) feet; and C. Rear yard. area. A rear yard area shall have and maintain a minimum depth of five 5) feet 17.10.280 Design Review. The construction or exterior alteration of any building or structure on any property within the R-l zone shall be subject to the provisions contained in Chapter 17.52, provided that the following shall be explicitly excluded from the Design Review process: A. Any such change to an existing single family dwelling which does not require an addition to the second floor of the structure, and which is less than six hundred 600) square feet in floor area; and B. Any structure accessory to a single family dwelling. BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ DRAFT REVISIONS 6/16/93 Chapter 17.10 R-1 SINGLE-FAMILY RESIDENTIAL ZONE Sections: 17.10.010 Purpose. 17.10.020 Uses permitted. 17.10.030 Uses permitted by a conditional use permit. 17.10.040 Development standards--Generally. 17.10.050 Minimum lot area. 17.10.060 Minimum lot width. 17.10.070 Minimum lot depth. 17.10.090 Minimum street frontage. 17.10.090 Minimum yard areas. 17.10.100 Open space area. 17.10.110 Maximum floor area ratio. 17.10.120 Minimum floor area--Dwelling unit. 17.10.130 Maximum height. 17.10.140 Minimum dwelling width. 17.10.150 Architecture. 17.10.160 Landscaping. 17.10.170 Signage 17.10.180 Parking. 17.10.190 Walls, fences, and hedges. 17.10.200 Manufactured housing--Limitations and development standards. 17.10.210 Accessory building--Limitation and development standards. 17.10.220 Second dwelling units--Limitations and development standards. 17.10.230 Off-street parking facilities developed in conjunction with a commercial or Manufacturing use--Limitations and development standards. 17.10.240 Selected uses permitted by a conditional use permit--Limitations and development standards. 17.10.250 Flag lots--Standards for creation. 17.10.260 Flag lots--Limitations and development standards. 17.10.270 Flag Lots--Minimum yard areas. 17.10.280 Design review. 17.10.010 Purpose. In order to provide for the development of single-family residential areas and to maintain the integrity of existing single-family residential areas within the city, the regulations set out in this Chapter shall be applicable to all uses of properties classified in the R-l zone. BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 17.10.020 Permitted uses. No person shall use, nor shall any person permit the use, of any property classified in the R-l zone for any use, other than the following, except as provided for in Section 17.10.030. A. Principal use. The principal use shall be one 1) single-family dwelling per lot, which dwelling may be developed as: 1. Site-built housing; or 2. Manufactured housing, including factory-built housing and mobilehomes, provided the same is developed and maintained in accordance with Section 17.10.200. B. Accessory Uses. Those uses designated as accessory uses pursuant to the provisions of this Title shall be permitted, except for guesthouses which shall not be permitted. Accessory buildings constructed and maintained for the purpose of accommodating an accessory use shall comply with the limitations and standards established in Section 17.10.210. 17.10.030 Uses permitted by a conditional use permit. The following uses may be permitted subject to the issuance of a conditional use permit, pursuant to the provisions of this Title: A. One 1) second dwelling unit per lot, provided that the dwelling is developed and maintained in accordance with Section 17.10.220; B. Off-street parking facilities in conjunction with commercial and manufacturing uses, provided that the facility is developed and maintained in accordance with Section 17.10.230; C. Churches, provided that such use is developed and maintained in accordance with Section 17.10.240; D. Educational institutions, provided that such use is developed and maintained in accordance with Section 17.10.240; E. Nursing, convalescent, or rest homes, provided that such use is developed and maintained in accordance with Section 17.10.240; F. Homes for the physically or mentally impaired, provided that such use is developed and maintained in accordance with Section 17.10.240; C. Mobilehomes parks, provided that such use is developed and maintained in accordance with Chapter 17.38, and that the maximum number of mobile homes per acre shall not exceed the maximum permissible density for single family residential areas as established by the General Plan. 17.10.040 Development standards--Generally. All uses of property in the R-l zone shall comply with the development standards set out in Sections 17.10.050 through 17.10.190, except as specifically provided for elsewhere in this Chapter. Rl-2 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 17.10.050 Minimum lot area. Each lot hereafter created shall have and maintain a minimum net lot area of not less than five thousand 5,000) square feet. 17.10.060 Minimum lot width. Each lot hereafter created shall have and maintain a lot width of not less than fifty 50) feet, except that a corner lot shall have and maintain a lot width of not less than fifty-five 55) feet. 17.10.070 Minimum lot depth. Each lot hereafter created shall have and maintain a lot depth of not less than fifty 50) feet. 17.10.080 Minimum street frontage. Each lot hereafter created shall have and maintain a minimum street frontage of fifteen 15) feet. 17.10.090 Minimum yard areas. Each lot shall have and maintain front, side, and rear yard areas in conformance with the following requirements, and as shown in Diagram A, attached to the ordinance codified in this Title and on file at the City Clerk's office, except as specifically provided for elsewhere in this Chapter: A. Front yard area. A front yard area shall have and maintain a minimum depth of fifteen 15) feet, except that a garage structure requiring entry at an angle generally perpendicular to the street shall have and maintain a minimum setback of twenty 20) feet from the front lot line. B. Side yard area. A side yard area shall have and maintain a minimum width of five 5) feet except: 1. That a corner lot shall observe a minimum side yard area of ten 10) feet on the street side, provided that a garage structure requiring entry at an angle generally perpendicular to the street shall have and maintain a minimum setback of twenty 20) feet from the street side property line; and 2. That a reversed corner lot shall observe a minimum side yard area of fifteen 15) feet on the street side, which may be reduced to ten 10) feet in the instance of a legally established reversed corner lot with less than fifty 50) feet of lot width, provided that a garage structure requiring entry at an angle generally perpendicular to the street shall have and maintain a minimum setback of twenty 20) feet from the street side property line; and 3. That additions to a single family dwelling may continue a legally established deficient side yard area of not less than four 4) feet; and 4. A legally established interior lot of less than fifty 50) feet in lot width may have and maintain a side yard area of not less than four 4) feet. Rl-3 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 C. Rear yard area. A rear yard area shall have and maintain a minimum depth of five 5) feet. D. Permissible encroachments. Encroachments may project from a building structure into a required yard area or setback in accordance with Chapter 17.46, provided that no encroachment shall project to less than three 3) feet from a lot line. 17.10.100 Open Space Area. Each lot occupied by a residential use shall provide for areas of useable open space, the total square footage of which shall amount to sixteen 16) percent of the net lot area, provided: A. An open space area shall have a minimum dimension of fifteen 15) feet, and that one 1) or more open space areas may be provided for each dwelling, provided that the minimum dimension requirement is strictly adhered to for each open space area; and B. An open space area shall be permitted to encroach upon required side and rear yard areas, but shall not encroach upon a required front yard area; and C. An open space area shall not be located between the street and the main dwelling; and D. An open space area shall have no structural encroachments or encroachments for vehicular access and parking, and shall be maintained as clear to the sky, except that pools, spas, or similar accessory uses designed for recreational purposes may be placed within the open space area; and 17.10.110 Maximum floor area ratio. The total floor area of all structures built and maintained on a lot, including but not limited to dwellings, garages and accessory buildings, shall not exceed fifty 50) percent of the net lot area, which requirement shall also be referred to as a maximum floor area ratio of 0.50. Patios, porches and similar structures enclosed by permanent construction on not more than two 2) *ides shall be exempted from this requirement. 17.10.120 Minimum floor area--Dwelling unit. A. Each dwelling unit shall have a minimum floor area, based on the bedroom count as follows. Calculations of the floor area for this requirement shall exclude garages, and porches, patios, and similar structures enclosed by permanent construction on not more than two 2) sides. 1. One 1) bedroom dwelling, eight hundred fifty 850) square feet; 2. Two 2) bedroom dwelling, one thousand 1,000) square feet; 3. Three 3) bedroom dwelling, one thousand one hundred fifty 1,150) square feet; 4. Pour 4) bedroom dwelling, one thousand three hundred 1,300) square feet; Rl-4 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 5. For each bedroom in excess of four 4) bedrooms an additional one hundred fifty 150) square feet of floor area shall be provided. B. A den, library, study, or similar habitable room which functionally could be used as a bedroom shall be considered a bedroom for the purposes of determining the required minimum floor area. 17.10.130 Maximum height limit. No structure or building shall have a height in excess of twenty-seven 27) feet. 17.10.140 Minimum dwelling width. Each dwelling shall have and maintain a minimum width of not less than twenty 20) feet exclusive of any appurtenant structures, and which shall be measured from the outside of the building wall. 17.10.150 Architecture. All building structures shall be built and maintained in accordance with the following architectural standards: A. Exterior siding. Each building structure shall have and maintain exterior siding of brick, wood stucco, concrete or other similar material as approved by the City Planner, provided, that metal siding is prohibited. B. Roofing material. Each building structure shall have and maintain a roof constructed with wood shake, shingle, asphalt composition, tile i.e. slate, concrete, clay), wood shake, or other similar roofing material as approved by the city Planner, provided, that metal roofing is prohibited. C. Roof eaves. Each dwelling shall have and maintain an cave projection of not less than eighteen 18) inches on at least two 2) opposing sides. D. Exception. An accessory building, not to exceed two hundred fifty 250) square feet in area, may be constructed of metal or similar material as approved by the City Planner. 17.10.160 Landscaping. A minimum of fifty 50) percent of a required front and street side yard area shall be fully landscaped, provided: A. That any portion of the required front and street side yard area which is not landscaped shall be used for the purpose of pedestrian and vehicular access; and B. That such landscaped area shall be permanently maintained by the owner of such lot. 17.10.170 Signane. Signs shall be permitted in accordance with Chapter 17.32. 17.10.180 Parking. Off-street parking facilities shall be provided for each use in accordance with Chapter 17.34. Rl-5 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 17.10.190 Walls. fences. and hedges. Walls, fences, and hedges shall be permitted in accordance with Chapter 17.46. 17.10.200 Manufactured housing--Limitations and development standards. Each dwelling developed as a manufactured housing unit shall also comply with the following limitations and standards: A. That a manufactured housing unit shall be considered a one-family dwelling, and therefore, subject to the same development standards set out in Sections 17.10.050 through 17.10.190, except as provided for within a mobilehome park; and B. A mobilehome shall have been constructed and/or purchased new on or after October 1, 1976, and certified pursuant to the National Mobile Home construction and Safety Standards Act of 1974, evidence of which shall be provided to the director of Community Development in a manner approved by the Director; and C. A mobilehome shall be installed and maintained on a permanent continuous exterior masonry or concrete foundation. 17.10.210 Accessory buildings--Limitations and development standards. Accessory buildings shall also comply with the following limitations and standards: A. An accessory building shall not be located between the lain building and the street, except an attached or detached garage; and B. An accessory building may be attached to or detached from the main building, provided that a detached accessory building shall maintain a minimum distance of six 6) feet from the main building, and that a breezeway may span the distance between the main building and the accessory building; and C. The total square footage of accessory buildings which are constructed and maintained on a lot shall not exceed the lesser figure of fifty 50) percent of the ground floor area of the main building(s), or seven hundred fifty 750) square feet, except that a garage built and maintained to provide for the required parking shall not be counted toward this figure; and D. An accessory building shall not exceed a height of one 1) story, nor fifteen 15) feet. 17.10.220 Second dwelling units--Limitations and development standards. A second dwelling unit shall also comply with the following limitations and minimum development standards: A. The lot on which the second dwelling unit is to be constructed shall measure not less than ten thousand 10,000) square feet in lot area; and B. The lot shall have and maintain a single family dwelling, or two 2) dwelling units may be built concurrently on a vacant lot; and C. The lot on which the second dwelling unit is to be constructed shall not also maintain a second dwelling unit, guesthouse, or other conditionally permitted use as set out in Rl-6 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 this Chapter. The lot shall not contain more than two 2) dwelling units; and D. The floor area of a dwelling unit, as determined in accordance with Section 17.10.120, shall not exceed one hundred fifty 150) percent of the floor area of the other dwelling unit on the same lot; and E. Two 2) dwelling units constructed on a lot may be designed as attached or detached units, provided that where two 2) dwelling units are detached, a minimum separation of twenty 20) feet between the dwelling units is established and maintained. F. Notwithstanding the provisions of Chapter 17.54, issuance of a conditional use permit to allow a second dwelling unit shall also require the following findings of fact: 1. That required parking and open space areas are located in convenient and logical proximity to each of the two 2) dwelling units on the lot; and 2. That the two 2) dwelling units are architecturally compatible; and 3. That the design and placement of the two 2) dwelling units will not detract from the established neighborhood. 17.10.230 Off-street Parking facilities developed in conjunction with a commercial or manufacturing use--Limitations and development standards. Each off-street parking facility developed in conjunction with a commercial or manufacturing use shall also comply with the following limitations and minimum development standards: A. The parking facility shall be used solely for the parking of private passenger vehicles; and B. That the parking facility shall be located directly adjacent to a C" or I" zoned property; and C. The required front yard area shall be not less than fifteen 15) feet in depth, and a required street side yard area shall be not less than ten 10) feet in width, except that a reversed corner lot shall observe a minimum street side yard area of fifteen 15) in width. These yard areas shall be fully landscaped except at points of pedestrian and vehicular access; and D. That a masonry block wall six 6) feet in height shall be constructed adjacent to any R" zoned property, except that the wall shall be reduced to thirty-six 36) inches in height within and along a required front yard and street side yard area; and E. That in addition to the masonry block wall a fully landscaped buffer strip measuring a minimum of three 3) feet in depth shall be provided adjacent to any R" zoned property. F. That the parking facility shall have and maintain a minimum vehicular access drive of twenty 20) feet in width. Rl-7 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 17.10.240 Selected uses Permitted by a conditional use Permit--Limitations and development standards. Such uses as specified in Section 17.10.030 shall also comply with the following limitations and standards: A. All such uses shall have and maintain a minimum net lot area of not less than one-half 1/2) acre; and B. All such uses shall have and maintain a minimum width, depth and street frontage of.seventy 70) feet; and C. For all such uses the side yard area shall be a minimum width of ten 10) feet, and the rear yard area shall be a minimum depth of ten 10) feet; and D. All such uses shall have and maintain a minimum vehicular access drive of twenty 20) feet in width; and E. That Section 17.10.210.C, applying a minimum total square footage for accessory buildings shall not apply, provided that the useA size and placement of accessory buildings shall be subordinate and incidental to the main building(s), and subject to review through the conditional use permit process. 17.10.250 Flag lots--Standards for creation. Notwithstanding the provisions of Sections 17.10.040 through 17.10.190, a flag lot may be created from any lot, if such lot, prior to being subdivided, meets the following: A. That the lot has a net area of not less than eleven thousand five hundred 11,500) square feet; and B. That the lot has not less than sixty-five 65) feet of street frontage. 17.10.260 Flag lots--Limitations and development standards. No flag lot shall be created unless the same meets the following development standards: A. That the flag lot shall have and maintain not less than six thousand five hundred 6,500) square feet of lot area; and B. That the developable portion of the flag lot, exclusive of the staff of the flag lot, shall measure not less than five thousand 5,000) square feet in lot area; and C. That the flag lot shall have a minimum street frontage of not less than fifteen 15) feet, which shall also be maintained as the minimum width of the staff portion of the flag lot; and D. That the minimum width of such flag lot shall be not less than sixty-five 65) feet, and shall be determined in accordance with the definitions contained in this Title, provided that the staff portion of the flag lot shall not be considered in determining flag lot width and depth; and E. That no portion of the flag lot shall be utilized to provide vehicular access to any other lot; and Rl-8 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 F. That the construction of a second dwelling unit on a flag lot shall also meet the following development standards: 1. The developable portion of the flag lot shall measure not less than ten thousand 10,000) square feet in lot area, exclusive of the staff of the flag lot; and 2. The flag lot shall have and maintain a minimum street frontage of twenty 20) feet, which shall also be maintained as the minimum width of the staff portion of the flag lot. 3. The flag lot shall have and maintain a minimum lot width of seventy 70) feet, which shall be determined in accordance with the definitions contained in this Title, provided that the staff portion of the flag lot shall not be considered in determining flag lot width and depth; and G. That the staff" shall be defined as an extension of the flag lot which provides direct vehicular access to the public street from any developable portion of the flag lot, and which shall measure not less than fifteen 15) feet in width; and H. That the developable" portion of the flag lot shall be considered as any portion of the lot which is located to the rear of another lot, and which does not include the staff of the flag lot, or that which most nearly approximates such definition as determined by the City Planner. 17.10.270 Flag lots--Minimum yard areas. Each flag lot shall observe the following minimum required yard areas: A. Front yard area. A front yard area shall have and maintain a minimum depth of fifteen 15) feet, which shall be measured as shown in Diagram B, attached to the ordinance in this Title and filed in the office of the City Clerk, and described as follows: 1. Either from that line of the developable portion of the flag lot which is also the rear property line of the lot that separates the developable portion of the flag lot from the street to which such flag lot has vehicular access, or from that which most nearly approximates such line as determined by the City Planner; or 2. From that line of the developable portion of the flag lot which also extends as a property line perpendicular to the public street and adjacent to the staff of the flag lot, or from that which most nearly approximates such lot line as determined by the city Planner; and B. Side yard area. A side yard area shall have and maintain a minimum width of five 5) feet; and C. Rear yard area. A rear yard area shall have and maintain a minimum depth of five 5) feet. 17.10.280 Design review. The construction or exterior alteration of any building or structure on any property within the R-l zone shall be subject to the provisions contained in Rl-9 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.10 Chapter 17.52, provided that the following shall be explicitly excluded from the Design Review process: A. Any such change to an existing single family dwelling which does not require an addition to the second floor of the structure, and which is less than six hundred 600) square feet in floor area; and B. Any structure accessory to a single family dwelling. Rl-10 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.52 DESIGN REVIEW Sections: 17.52.010 Purpose. 17.52.020 Design Review Committee. 17.52.030 Conformance to design review requirements. 17.52.040 Application. 17.52.050 Required data. 17.52.060 Design review guidelines. 17.52.070 Decisions. 17.52.080 Appeals. 17.52.090 Approval as prerequisite to issuance of permit. 17.52.010 Purpose. The Design Review Committee is established in order to improve the general standards and orderly development of the City through design review of individual buildings, structures, and their environs, and establish standards and policies that will promote and enhance good design, site relationships and other aesthetic considerations in the City. 17.52.020 Design Review Committee. A Design Review Committee is established for the purpose of reviewing the design, layout, and other features of proposed developments prior to submission of plans to the Building Division for Plan Check. The Committee will be composed of the Director of Community Development, City Planner as the Chairperson, City Engineer, and a representative of the Police Department. 17.52.030 Conformance to design review requirements. A. Prior to the issuance of any permit for the construction, or exterior alteration of any building or structure in the R-G, R-3, C-1, F-C, C-2, O-I, C-M, I-C, I or 0 zones, an application shall be made for design review. B. Prior to the issuance of any permit for the construction, or exterior alteration of any building or structure in the R-l Zone, plane shall be reviewed for compliance with the design requirements set forth in this Chapter, provided that: 1. Plane for the construction or exterior alteration of any mingle family dwelling may be reviewed concurrently with a submittal to the Building Division for Plan Check, which review shall be undertaken by the City Planner am Chairperson of the 1 EXHIBIT D BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+Design Review Committee, the provisions of Section 17.52.020 notwithstanding; except 2. That any use which is conditionally permitted in the R-1 Zone, or which requires approval of either an administrative adjustment or a zone variance, shall make application for design review prior to the submittal of plans to the Building Division for Plan Check, and shall be subject to review by the Design Review Committee; and 3. That the proposed construction of five 5) or more single family units as part of a tract map, shall make application for design review prior to submittal of plans to the Building Division for Plan Check, and shall be subject to review by the Design Review Committee and 4. That any addition to an existing single family dwelling which is less than six hundred 600) square feet in floor area, and which does not require an addition to the second floor of such dwelling, shall be exempt from design review; and 5. That any structure accessory to a single family dwelling, shall also be exempt from design review. 17.52.040 Application. All applications for permits as required by this Chapter shall be in writing upon a form furnished by the Director. 17.52.050 Required data. Such applications shall be accompanied by site plans, diagrams, photographs, materials or other presentation material as may be necessary to allow a complete review and consideration of the proposed project. 17.52.060 Design review guidelines. A. In approving, conditionally approving, or disapproving plans for any use which is subject to the provisions of this Chapter, the Design Review Committee shall insure that each such use complies with the provisions of this Title, and design review guidelines adopted by the City Council, upon recommendation of the Planning Commission and City staff. B. It is the objective of this Chapter to integrate the physical architectural element with the streetscape and to visually screen undesirable elements, such as parking, storage, loading, refuse collection and similar areas from the view of access streets, freeways and adjacent properties and uses. 17.52.070 Decisions. At the conclusion of the design review, the Design Review Committee shall make written findings to be mailed to the applicant within ten 10) days after completion of the review. 17.52.080 Appeals. The applicant may appeal all or any of the findings made by the Design Review Committee following the procedures set forth in Chapter 17.54 concerning appeals. 2 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ 17.52.090 Approval as prerequisite to issuance of permit. No permit for the construction of any building or structure shall be issued in any case mentioned in this Chapter until the project has been approved by the Design Review Committee, Zoning Administrator, Planning Commission or City Council, as the case may be. All buildings and structures shall be developed in strict conformance with project approval. 3 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ Chapter 17.56 ZONING ADMINISTRATOR Sections: 17.56.010 Position created. 17.56.020 Function. 17.56.030 Administrative adjustment established. 17.56.040 Administrative adjustment defined. 17.56.050 Administrative adjustment When required. 17.56.060 Administrative adjustment Findings of fact. 17.56.070 Initiation of request for administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof. 17.56.080 Application required. 17.56.090 Application may be forward to Planning Commission. 17.56.100 Administrative adjustment, z]one variancee, conditional use permit., and modification or revocation thereof Required notice and proceedings. 17.56.110 Failure to give notice. 17.56.120 Action by Zoning Administrator. 17.56.130 Appeal of decision of Zoning Administrator. 17.56.140 Decision of Planning Commission. 17.56.150 Effective date of order granting or denying administrative adjustment, zone variance, or conditional use permit, and modification or revocation thereof. 17.56.160 Appeal of decision of Planning Commission. 17.56.170 Notice of City Council decision. 17.56.180 Failure to give notice. 17.56.010 Position created. The position of Zoning Administrator for the City is created. In the absence of a contrary direction by the City Council, the Director of Community Development or his/her designated representative shall serve as the Zoning Administrator without additional compensation there for. 17.56.020 Function. The function of the Zoning Administrator shall be to hear and consider applications for administrative adjustments, zone variances, and conditional use 1 EXHIBIT E BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+permits, and proceedings relating to the modification and/or revocation thereof. 17.56.030 Administrative adjustment established. The Zoning Administrator shall take action on requests for minor modifications or adjustments to certain requirements of this Title, when such requests constitute reasonable use of property which are not expressly authorized under a strict interpretation of the requirements. 17.56.040 Administrative adjustment defined. For the purpose of this Title, administrative adjustment" means any deviation from the standards or requirements set forth in this Title, and as provided for in Section 17.56.050 through 17.56.060 of this Chapter. BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©+ 17.56.050 Administrative adjustment When required. An Administrative adjustment shall be required for the following deviations, provided that such provision shall not prohibit application for a zone variance requiring the finding. of fact as set forth in Chapter 17.54: A. Any minor deviation from an approved condition of approval for a zone variance, conditional use permit, or development plan, as determined by the Director of Community Development, B. A deviation from any numeric standard not in excess of ten 10) percent, excluding a requirement for minimum density, lot area or floor area, which shall not be subject to reduction under the administrative adjustment, or as provided in the following; C. R-l, single family residential zone. 1. Section 17.10.060, minimum lot width, a reduction not in excess of five 5) percent. 2. Section 17.10.080, minimum street frontage, a reduction not in excess of five 5) percent. 3. Section 17.10.090.3, Section 17.10.090.3.1 and Section 17.10.090.3.2, minimum side yard area, a reduction not in excess if twenty 20) percent. 4. Section 17.10.090.C, minimum rear yard area, a reduction not in excess of twenty 20) percent. 5. Section 17.10.220.D, the floor area of a dwelling may not exceed one hundred eighty 180) percent of the floor area of the other dwelling unit on the lot. 6. Section 17.10.220.E.l, minimum distance between dwellings, a reduction not in excess of twenty 20) percent. 7. Section 17.10.260.3, minimum street frontage, prior to subdivision, for creation of flag lot, a reduction not in excess of five 5) percent. S. Section 17.10.270.D and Section 17.10.270.7.3, minimum flag lot width, a reduction not in excess of five 5) percent. 9. Section 17.10.290.3, minimum side yard area for a flag lot, a reduction not in excess of twenty 20) percent. 10. Section 17.l0.280.C, minimum rear yard area for a flag lot, a reduction not in excess of twenty 20) percent. D. Sign regulation.. An increase in maximum sign face area for a freestanding or wall sign in the commercial C") or industrial I") zones, not in excess of twenty-five 25) percent. E. Parking regulations. A ten 10) percent reduction in the total amount of open parking spaces for projects requiring ten 10) or more open parking spaces. F. Wall, fence and shrub, height and location. 1. Wall, fence, or shrub height, a reduction or increase not in excess of twenty 20) percent. 2. Wall, fence, or shrub located in a required street side yard area to a maximum of six 6) feet in height. 17.56.060 Administrative adjustment Findings of fact. No administrative adjustment shall be approved or conditionally 3 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿© +approved unless the Zoning Administrator makes the following findings: A. That the requested adjustment will not interfere with the purpose and intent of the regulations for the zone in which the property is located; and Z. That the approval or conditional approval of the adjustment will not be injurious to adjacent property; and C. That the approval or conditional approval of the adjustment will promote the general welfare and will not adversely affect the General Plan of the City: and D. That the construction and/or development benefiting from approval or conditional approval of the adjustment has been reviewed by the City's Design Review Committee for compliance with the guidelines set forth in Chapter 17.52, and moreover, that the proposed construction and/or development evidences a superior design solution which enhances the visual quality, use and function of the site and surrounding area; and E. That there are special circumstances which reduce parking demand associated with the operation of a use which justify a deviation in the minimum required number of parking stalls. 17.56.070 Initiation of request for administrative adjustment. zone variance. conditional use permit. and modification or revocation thereof. A property owner or authorized agent of the property owner may initiate a request for an administrative adjustment, conditional use permit, or modification thereof. A revocation proceeding related to an administrative adjustment, zone variance, or conditional use permit shall be initiated in accordance with the procedures and requirements met forth in Chapter 17.54. 17.56.080 Application required. The Zoning Administrator shall prepare suitable application forms by which a request for an administrative adjustment, zone variance, conditional Use permit, or modification thereof, shall be initiated and processed. Any such application shall be accepted for filing by the Zoning Administrator only upon payment by the applicant of a filing and processing fee in the sum set by resolution of the City Council. Any applicant may, in writing, withdraw the request, provided, however, that there shall be no refund of any fees paid in connection therewith. 17.56.090 Application may be forwarded to Planning Commission. The Zoning Administrator my forward an application for an administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof to the Secretary of the Planning Commission, in order to set the matter for a hearing before the Planning Commission. 17.56.100 Administrative adjustment. z]one variancee. conditional use permits, and modification or revocation thereof Required notice and proceedings. The Zoning 4 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©!+Administrator shall give notice of the time and place of hearings on any application for an administrative adjustment, zone variance or a conditional use permit, and upon any modification or revocation proceeding relating to an administrative adjustment, zone variance, or conditional use permit as follows, provided that the Secretary of the Planning Commission shall give notice in the same manner in the event that any application has been forwarded for a hearing before the Planning Commission. A. Publication. By publication of the notice in a newspaper of general circulation, at least ten 10) days in advance of the hearing; B. Mailing. By mailing written notice to the owners of each parcel of real property located within three hundred 300) feet of the external boundaries of the lot to which the application or proceeding relates, properly addressed according to the latest equalized assessment roll of the County, or other reliable source, postage prepaid, given at least ten 10) days in advance of the date set for such hearing. C. Notice. Such notices shall describe the property to which the same relates and shall contain a brief description of the nature of the request or of the proceeding, and shall specify the date, time and place of such hearing. D. Exception. On any application for an administrative adjustment, the publication requirement described in subsection A) may be substituted by providing a posted notice at least ten 10) days prior to the hearing in at least three 3) public places within the boundaries of the City, including one public place in the area directly affected by the proceeding. Use of the alternative means of notice described in this subsection shall be at the discretion of the Zoning Administrator. 17.56.110 Failure to give notice. Inadvertent failure to precisely comply with the notice requirements above set forth shall not invalidate any proceeding of the type described in Section 17.56.100, unless upon due written application, the Zoning Administrator finds that a substantial injustice would result from the inadvertent failure to give the notice precisely in accordance with the provisions hereof. 17.56.120 Action by Zoning Administrator. The action of the Zoning Administrator as to any of the matters referred to in Section 17.56.100 shall be taken in accordance with the following: A. Administrative adjustment, z]one variancee and conditional use permit.. With respect to an application for an administrative adjustment, zone variance or a conditional use 5 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©"+permit, the Zoning Administrator shall grant or deny such application based exclusively upon the evidence presented at the time of the public hearing, which shall include applicable staff reports. B. Revocation and modification proceedings. The Zoning Administrator shall act upon a modification or revocation proceeding relating to an administrative adjustment, zone variance-, or conditional use permit, based exclusively upon the evidence presented at the public hearing relating thereto, which shall include any applicable staff reports relating to such matter. C. Form of Action. The Zoning Administrator's action shall be in written form as follows: 1. As to an application for an administrative adjustment, zone variance, conditional use permit or modification proceeding relating thereto, the Zoning Administrator shall: a. Grant, or conditionally grant, the request in whole or in part; or b. Deny the request in its entirety; or C. In accordance with Section 17.56.090, take no action thereon and forward the application to the Secretary of the Planning Commission for a de novo hearing by that body. 2. As to a revocation proceeding, the zoning administrator shall: a. R] evoke the administrative adjustment, zone variance or conditional use permit-,; or b. R] efuse to revoke, if he finds that no factual basis for such revocation exists-.; or c. In accordance with Section 17.56.090, take no action thereon and forward the application to the Secretary of the Planning Commission for a de novo hearing by that body. 3. The Zoning Administrator shall give written notice of his decision within ten 10) days after reaching a determination with reference thereto. He shall give written notice of his determination to the applicant or, in the case of a modification or revocation proceeding, to the permittee, and to any other person who has, in writing, requested such notice. The action of the Zoning Administrator shall be final and conclusive in the absence of a timely filed appeal, appealing the decision of the Zoning Administrator to the Planning Commission. A timely filed appeal shall stay the effective date of the Zoning Administrator's action. 17.56.130 Appeal of decision of Zoning Administrator. Within fifteen 15) days from and after the date of the giving of the notice of determination by the Zoning Administrator, any person aggrieved by such decision may file a written appeal with the Secretary of the Planning Commission, appealing the decision of the Zoning Administrator to the Planning Commission. No such appeal shall be accepted unless there is paid, contemporaneously with the filing of such appeal letter, a filing 6 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©#+and processing fee in sum set by resolution of the City Council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the Secretary of the Planning Commission shall set the matter for a de novo hearing before the Planning Commission. 17.56.140 Decision of Planning Commission. At the time set for hearing by the Planning Commission on an appeal from a decision of the Zoning Administrator, or upon a matter referred to the Commission by the Zoning Administrator the Planning Commission shall, after hearing, act upon such matter in the same manner as is set forth in this Chapter for action by the Zoning Administrator. Such action shall be by resolution adopted by not less than a majority of the total voting membership of the Commission. 17.56.150 Effective date of order granting or denying administrative adjustment. zone variance. or conditional use permit. and modification or revocation thereof. The Planning Commission resolution acting upon an administrative adjustment, zone variance, conditional use permit application, or modification or revocation relating thereto, shall become effective and final as set forth in Section 17.56.160. 17.56.160 Appeal of decision of Planning Commission. A. *:`he resolution of the Planning Commission acting upon an administrative adjustment zone variance,conditional use permit, or a modification or revocation relating thereto, shall become effective and final on the twentieth day following its adoption, or upon the day following the first regular City Council meeting occurring after adoption of such resolution,whichever shall occur last, unless, within such period of time, an appeal in writing is filed, appealing the decision of the Commission to the City Council, with the City Clerk by the applicant or permittee, or any other person aggrieved by such decision who appeared at the Planning Commission hearing. No such appeal shall be accepted for filing except upon payment of an appeal fee in an amount as set by resolution of the City Council. Within the period of time above-described, the City Council, by motion carried by not less than three 3) affirmative votes thereof, may appeal the decision of the Commission to itself. Such City Council action shall be deemed, for all purposes, an appeal of the decision of the Commission. B. Upon the filing of an appeal, the City Clerk shall set the matter for a public hearing before the City Council. The City Council shall conduct a de novo public hearing upon the matter, and thereafter, shall determine the matter. In making its determination, the City Council shall observe the standards as set forth in this Title applicable to the matter. In its discretion, the City Council may, prior to its decision, refer such matter to the Commission for a further report, with or without additional public hearings before the Commission. The determination of the Council shall be by resolution, adopted by not BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©$+less than a majority of the total voting membership of the City Council. The resolution shall act forth the facts as found by the Council supporting its action. The decision of the City Council shall be final and conclusive in all cases. 17.56.170 Notice of City Council's decision. Following the adoption of the resolution by the City Council, the City Clerk shall mail a copy thereof to the applicant and any other person requesting the same. The decision of the City Council shall be final and conclusive. 17.56.180 Failure to give notice. Inadvertent failure to give notice in the manner prescribed in this Chapter shall have no effect upon any proceeding before the Commission or the Council. 9 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©%+DRAFT REVISIONS 6/16/93 Chapter 17.56 ZONING ADMINISTRATOR Sections: 17.56.010 Position created. 17.56.020 Function. 17.56.030 Administrative adjustment established. 17.56.040 Administrative adjustment defined. 17.56.050 Administrative adjustment--When required. 17.56.060 Administrative adjustment--Findings of fact. 17.56.070 Initiation of request for administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof. 17.56.080 Application required. 17.56.090 Application may be forwarded to Planning Commission. 17.56.100 Administrative adjustment, zone variance, conditional use permit and modification or revocation thereof--Required notice and proceedings. 17.56.110 Failure to give notice. 17.56.120 Action by Zoning Administrator. 17.56.130 Appeal of decision of Zoning Administrator. 17.56.140 Decision of Planning Commission. 17.56.150 Effective date of order granting or denying administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof. 17.56.160 Appeal of decision of Planning Commission. 17.56.170 Notice of city Council's decision. 17.56.180 Failure to give notice. 17.56.010 Position created. The position of Zoning Administrator for the city is created. In the absence of a contrary direction by the City Council, the Director of Community Development or his/her designated representative shall serve as the Zoning Administrator without additional compensation therefor. 17.56.020 Function. The function of the Zoning Administrator shall be to hear end consider applications for administrative adjustments, zone variances, and conditional use permits, and proceedings relating to the modification and/or revocation thereof. EXHIBIT F BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©&+ Chapter 17.56 17.56.030 Administrative adjustment established. The Zoning Administrator shall take action on requests for minor modifications or adjustments to certain requirements of this Title, when such requests constitute reasonable use of property which are not expressly authorized under a strict interpretation of the requirements. 17.56.040 Administrative adjustment defined. For the purposes of this Title, an administrative adjustment is any deviation from the standards or requirements set forth in this Title, and as provided for in Sections 17.56.050 through 17.56.060 of this Chapter. 17.56.050 Administrative adjustment When required. An administrative adjustment shall be required for the following deviations, provided that such provision shall not prohibit application for a zone variance requiring the findings of fact as set forth in Chapter 17.54: A. Any minor deviation from an approved condition of approval for a zone variance, conditional use permit, or development plan, as determined by the Director of Community Development; B. A deviation from any numeric standard not in excess of ten 10) percent, excluding a requirement for minimum density, lot area or floor area, which shall not be subject to reduction under the administrative adjustment, or as provided in the following; C. R-l, single family residential zone 1. Section 17.10.060, minimum lot width, a reduction not in excess of five 5) percent. 2. Section 17.10.080, minimum street frontage, a reduction not in excess of five 5) percent. 3. Section 17.10.090.B, Section 17.10.090.B.l and Section 17.10.090.B.2, minimum side yard area, a reduction not in excess of twenty 20) percent. 4. Section 17.10.090.C, minimum rear yard area, a reduction not in excess of twenty 20) percent. 5. Section 17.10.220.D, the floor area of a dwelling may not exceed one hundred 190) percent of the floor area of the other dwelling unit on the lot. 6. Section 17.10.220.E.l, minimum distance between dwellings, a reduction not in excess of twenty 20) percent. 7. Section 17.10.260.B, minimum street frontage, prior to subdivision, for creation of a flag lot, a reduction not in excess of five 5) percent. 8. Section 17.10.270.D and Section 17.10.270.F.3, minimum flag lot width, a reduction not in excess of five 5) percent. 9. Section 17.10.280.B, minimum side yard area for a flag lot, a reduction not in excess of twenty 20) percent. ZA-2 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©'+ Chapter 17.56 10. Section 17.10.280.C, minimum rear yard area for a flag lot, a reduction not in excess of twenty 20) percent. D. Sign Regulations. An increase in maximum sign face area for a freestanding or wall sign in the commercial or industrial zones, not in excess of twenty-five 25) percent. E. Parking regulations. A ten 10) percent reduction in the total amount of open parking spaces for projects requiring ten 10) or more open parking spaces. F. Wall, fence and shrub, height and location. 1. Wall, fence, or shrub height, a reduction or increase not in excess of twenty 20) percent. 2. Wall, fence, or shrub located in a required street side yard area to a maximum of six 6) feet in height. 17.56.060 Administrative adjustment Findings of fact. No administrative adjustment shall be approved or conditionally approved unless the Zoning Administrator makes the following findings: A. That the requested adjustment will not interfere with the purpose and intent of the regulations for the zone in which the property is located; and B. That the approval or conditional approval of the adjustment will not be injurious to adjacent property; and C. That the approval or conditional approval of the adjustment will promote the general welfare, and will not adversely affect the General Plan of the City; and D. That the construction and/or development benefiting from approval or conditional approval of the adjustment has been reviewed by the city's Design Review Committee for compliance with the guidelines set forth in Chapter 17.52, and moreover, that the proposed construction and/or development evidences a superior design solution which enhances the visual quality, use and function of the site and surrounding area. E. That there are special circumstances which reduce parking demand associated with the operation of a use which justify a deviation in the minimum required number of parking stalls. 17.56.070 Initiation of request for administrative adjustment. zone variance. conditional use permit. and modification or revocation thereof. A property owner or authorized agent of the property owner may initiate a request for an administrative adjustment, zone variance, conditional use permit, or modification thereof. A revocation proceeding related to an administrative adjustment, zone variance, or conditional use permit shall be initiated in accordance with the requirements as set forth in Chapter 17.54. ZA-3 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©(+ Chapter 17.56 17.56.090 Application required. The zoning Administrator shall prepare suitable application forms by which a request for an administrative adjustment, zone variance, conditional use permit, or modification thereof, shall be initiated and processed. Any such application shall be accepted for filing by the zoning Administrator only upon payment by the applicant of a filing and processing fee in the sum set by resolution of the City Council. Any applicant may, in writing, withdraw the request at any time during the processing of such request, provided, however, that there shall be no refund of any fees paid in connection therewith. 17.56.090 Application may be forwarded to Planning Commission. The Zoning Administrator may forward an application for an administrative adjustment, zone variance, conditional use permit, and modification or revocation thereof to the Secretary of the Planning Commission in order to set the matter for a hearing before the Planning Commission. 17.56.100 Administrative adjustment. zone variance. conditional use permit. and modification or revocation thereof Required notice and proceedings. The Zoning Administrator shall give notice of the time and place of hearings on any application for an administrative adjustment, zone variance or a conditional use permit, and upon any modification or revocation proceeding relating to an administrative adjustment, zone variance, or conditional use permit, as follows, provided that the Secretary of the Planning Commission shall give notice in the event that an application has been forwarded for a hearing before the Planning Commission. A. Publication. By publication of the notice in a newspaper of general circulation, at least ten 10) days in advance of the hearing. B. Mailing. By mailing written notice to the owners of each parcel of real property located within three hundred 300) feet of the external boundaries of the lot to which the application or proceeding relates, properly addressed according to the latest equalized assessment roll of the county, or other reliable source, postage prepaid, given at least ten 10) days in advance of the date set for such hearing. C. Notice. Such notices shall describe the property to which the same relates and shall contain a brief description of the nature of the request or of the proceeding, and shall specify the date, time and place of such hearing. D. Exception. On any application for an administrative adjustment, the publication requirement described in subsection A) may be substituted by providing a posted notice at least ten 10) days prior to the hearing in at least three 3) public places within the boundaries of the City, including one public place in the area directly affected by the proceeding. Use ZA-4 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©)+ Chapter 17.56 of the alternative means of notice described in this subsection shall be at the discretion of the Zoning Administrator. 17.56.110 Failure to give notice. Inadvertent failure to precisely comply with the notice requirements above set forth shall not invalidate any proceeding of the type described in Section 17.56.100, unless upon due written application the Zoning Administrator finds that a substantial injustice would result from the inadvertent failure to give the notice precisely in accordance with the provisions hereof. 17.56.120 Action by Zoning Administrator. The action of the Zoning Administrator as to any of the matters referred to in Section 17.56.100 shall be taken in accordance with the following: A. Administrative Adjustments, Zone Variances and Conditional Use Permits. with respect to an application for an administrative adjustment, zone variance, or a conditional use permit, the Zoning Administrator shall grant or deny such application based exclusively upon the evidence presented at the time of the public hearing, which shall include applicable staff reports. B. Revocation and Modification Proceedings. The Zoning Administrator shall act upon a modification and revocation proceeding relating to an administrative adjustment, zone variance, or conditional use permit, based exclusively upon the evidence presented at the public hearing relating thereto, which shall include any applicable staff reports relating to such matter. C. Form of Action. The Zoning Administrator's action shall be in written form as follows: 1. As to an application for an administrative adjustment, zone variance, conditional use permit, or modification proceeding relating thereto, the Zoning Administrator shall: a. Grant, or conditionally grant, the request in whole or in part; or b. Deny the request in its entirety; or a. In accordance with Section 17.56.090, take no action thereon and forward the application to the Secretary of Planning Commission for a de novo hearing by that body. 2. As to a revocation proceeding, the Zoning Administrator shall: a. Revoke the administrative adjustment, zone variance or conditional use permit; or b. Refuse to revoke, if he finds that no factual basis for such revocation exists; or c. In accordance with Section 17.56.090, take no action thereon and forward the application to the secretary of the Planning Commission for a de novo hearing by that body. ZA-5 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©*+ Chapter 17.56 3. The Zoning Administrator shall give written notice of his decision within ten 10) days after reaching a determination with reference thereto. He shall give written notice of his determination to the applicant or, in the case of a modification or revocation proceeding, to the permittee, and to any other person who has in writing, requested such notice. The action o: the Zoning Administrator shall be final and conclusive in the absence of a timely filed appeal, appealing the decision of the Zoning Administrator to the Planning Commission. A timely filed appeal shall stay the effective date of the Zoning Administrator' 5 action. 17.56.130 Appeal of decision of Zoning Administrator. Within fifteen 15) days from and after the date of the giving of the notice of determination by the Zoning Administrator, any person aggrieved by such decision may file a written appeal with the Secretary of the Planning Commission, appealing the decision of the Zoning Administrator to the Planning Commission. No such appeal shall be accepted unless there is paid, contemporaneously with the filing of such appeal letter, a filing and processing fee in sum set by resolution of the City Council. Upon receipt of a timely filed appeal, together with the filing and processing fee, the Secretary of the Planning Commission shall set the matter for a de novo hearing before the Planning Commission. 17.56.140 Decision of Planning Commission. At the time set for hearing by the Planning Commission on an appeal from a decision of the Zoning Administrator, or upon a matter referred to the Commission by the Zoning Administrator, the Planning Commission shall, after hearing, act upon such matter in the same manner as is set forth in this Chapter for action by the Zoning Administrator. Such action shall be by resolution adopted by not less than a majority of the total voting membership of the Commission. 7.56.150 Effective date of order granting or denying administrative adjustment. variance. conditional use permit. and modification or revocation thereof. The Planning Commission resolution acting upon an administrative adjustment, zone variance, conditional use permit application, or modification or revocation relating thereto, shall become effective and final as set forth in Section 17.56.160. 17.56.160 Appeal of decision of Planning Commission. A. The resolution of the Planning Commission acting upon an administrative adjustment, zone variance, conditional use permit, or a modification or revocation relating thereto, shall become effective and final on the twentieth day following its adoption, or upon the day following the first regular City Council meeting occurring after adoption of such resolution, ZA-6 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 ORD 1071pT3(Ìì¿©++ Chapter 17.56 whichever shall occur last, unless, within such period of time, an appeal in writing is filed, appealing the decision of the Commission to the City Council, with the City Clerk by the applicant or permittee, or any other person aggrieved by such decision who appeared at the Planning Commission hearing. No such appeal shall be accepted for filing, except upon payment of an appeal fee in an amount as set by resolution of the City Council. Within the period of time above described, the City Council, by motion carried by not less than three 3) affirmative votes thereof, may appeal the decision of the Commission to itself. Such City Council action shall be deemed, for all purposes, an appeal of the decision of the Commission. B. Upon the filing of an appeal, the City Clerk shall set the matter for a public hearing before the City Council. The City Council shall conduct a de novo public hearing upon the matter, and thereafter, shall determine the matter. In making its determination, the City Council shall observe the standards as set forth in this Title applicable to the matter. In its discretion, the City Council may, prior to its decision, refer such matter to the Commission for a further report, with or without additional public hearings before the Commission. The determination of the Council shall be by resolution, adopted by not less than a majority of the total voting membership of the City council. The resolution shall set forth the facts as found by the Council supporting its action. The decision of the City Council shall be final and conclusive in all cases. 17.56.170 Notice of City Council's decision. Following the adoption of the resolution by the City Council, the City Clerk shall mail a copy thereof to the applicant and any other person requesting the same. The decision of the City Council shall be final and conclusive. 17.56.180 Failure to give notice. Inadvertent failure to give notice in the manner prescribed in this Chapter shall have no effect upon any proceeding before the Commission or the Council. ZA-7 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05 +a garage built and maintained to provide for the required parking shall not be counted toward this figure. Accessory structures such as patios and porches which are enclosed by permanent construction on not more than two 2) sides *hall also be exempt from this requirement. D. An accessory building shall not exceed a height of one 1) story, nor fifteen 15) feet. 17.10.220 Second dwelling units--Limitations and development standards. A second dwelling unit shall also comply with the following limitations and development standard.: A. The lot on which a second dwelling unit is to be constructed shall measure not less than ten thousand 10,000) square feet in lot area; and B. The lot shall have and maintain a single family dwelling, or two 2) dwelling units may be built concurrently on a vacant lot; and C. The lot on which the second dwelling unit is to be constructed shall not also maintain a second dwelling unit, guesthouse, or other conditionally permitted use as set forth in this Chapter. The lot shall not contain more than two 2) dwelling units; and D. The floor area of a dwelling unit, as determined in accordance with Section 17.10.120, shall not exceed one hundred fifty 150) percent of the floor area of the other dwelling unit on the same lot; and E. Two 2) dwelling units constructed on a lot may be designed as attached or detached units, provided that where two 2) dwelling units are detached, a minimum separation of.twenty 20) feet between the dwelling units is established and maintained. F. Notwithstanding the provisions of chapter 17.54, issuance of a conditional use permit to allow a second dwelling unit shall also require the following findings of fact: 1. That required parking and open space areas are located in convenient and logical proximity to each of the two 2) dwelling units on the lot; and 2. That the two 2) dwelling units are architecturally compatible; and 3. That the design and placement of the two 2) dwelling units will not detract from the established neighborhood. 17.10.230 Off-street parking facilities development in conjunction with a commercial or manufacturing use- Limitations and development standards. Each off-street parking facility developed in conjunction with a commercial or manufacturing use shall also comply with the following limitations and minimum development standards: A. The parking facility shall be used solely for the parking of private passenger vehicles; and B. That the parking facility shall be located directly adjacent to a C" or I" zoned lot; and 8 BIB] 37651-U01 ORD-U02 1071-U02 LI2-U03 FO4263-U03 FO4354-U03 DO4365-U03 C5-U03 ORDINANCES-U03 10/11/2001-U04 ADMIN-U04 ORD-U05 1071-U05 AUG-U05 4-U05 1993-U05