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157 _ ORDINANCE NO. 1 5 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAND TERRACE ADOPTING ZONING AMENDMENT, Z-95-02, AND ASSOCIATED NEGATIVE DECLARATION, E-95-04, TO EXPEDITE REVIEW PROCEDURES FOR STRUCTURES DAMAGED BY FIRE, EARTHQUAKE AND OTHER NATURAL DISASTERS, AND POLICY REVISION ON SCREENING MECHANICAL EQUIPMENT IN THE RESIDENTIAL, COMMERCIAL AND INDUSTRIAL DISTRICTS; CHAPTERS 18.63 AND CHAPTER 18.76 WHEREAS, the Planning Commission conducted properly noticed public hearing on June 1, 1995 and approved the Zoning Amendment for clarification of conformance thresholds structures damaged by fire, earthquake or other natural disasters, screening of mechanical equipment from public view,and expeditious reviewing process for replacement of fire or disaster damaged structures in the City's Residential, Commercial and Industrial Areas; and WHEREAS, the City Council held a properly noticed public hearing and approved the Zoning Amendment, Ordinance and Environmental Review on August 24, 1995; and WHEREAS, this requires a Zoning Amendment to the following Chapters and Sections: Chapter 18.63 Site and Architectural Review Section 18.63.010 Purpose Section 18.63.020 Application Section 18.63.120 Mechanical Equipment Screening Chapter 18.76 Non-Conforming Uses and Buildings Section 18.76.040 Non Conforming Buildings WHEREAS, the proposed amendment will facilitate rebuilding of residential structures on residential zones by reducing public hearing requirements; and WHEREAS, the proposed amendment will discourage reconstruction of residential structures on commercial and industrial zones by restricting non-conforming structures to be rebuilt in case the cost of rebuilding is equal or greater than 75% of current value of property before accident; and WHEREAS, the proposed amendment also encourages replacement of old housing stock with new structures up to the current codes rather than extensive remodels of old dilapidated structures by establishment of a triggering factor for rebuilt instead of remodel. WHEREAS, the proposed amendment will facilitate small remodels and simple reconstruction of fire damaged structures without expansions in appropriate zones by reducing review requirements and providing expeditious process. WHEREAS, the proposed amendment will not pose a detriment to the aesthetic value of our commercial area, residential or industrial areas and to the general welfare of the citizens of Grand Terrace; and WHEREAS, the Zoning Amendment is consistent with the General Plan Landuse and Map; and WHEREAS, in accordance with the provisions of the California Environmental Quality Act, a Negative Declaration (Attachment A's Exhibit 1) has been prepared for this project and this Negative Declaration has been considered by the Planning Commission and is hereby being approved by the City Council. WHEREAS, the City Council held a properly noticed public hearing on August 24, 1995 with subsequent meeting on September 14, 1995 and approved Z-95-02 and E-95-04; and NOW, THEREFORE, BE IT RESOLVED that by this amendment does provide clarification of conformance thresholds of structures damaged by fire, earthquake or other natural disasters, expediting reviewing process and formalizing policy on screening of mechanical equipment from public view in the City's Residential, Commercial and Industrial areas. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF GRAND TERRACE, CALIFORNIA,DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Proposed Zoning Amendment, Z-95-02 and E-95-04, are set out in full in this Ordinance's attachments and Exhibit 1 are approved and adopted by the City Council. Section 2: The Negative Declaration (E-95-04) on file in the Community Development Department of the City of Grand Terrace, is hereby approved. Section 3: Effective Date: This Ordinance shall be in full force and effect at 12:01 a.m. on the 31st day of its adoption. Section 4: Posting: The City Clerk shall cause this Ordinance to be posted in three (3) public places within fifteen (15) days of its adoption, as designated for such purpose by the City Council. Section 5: First read at a regular meeting of the City Council of said City held on the 24th day of August, 1995 and finally adopted and ordered posted at a regular meeting of said City Council on the 14th of September, 1995. ATTEST: City Clerk of the City of G and Terrace Mayo of the City of Grand Terrace and of the City Council thereof and the City Council thereof I, BRENDA STANFILL, City Clerk of the City of Grand Terrace, California, do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Grand Terrace held on the 14th day of September, 1995, by the following vote: AYES: Councilmembers Hilkey, Singley, and Buchanan; Mayor Pro Tem Carlstrom; Mayor Matteson NOES: None ABSENT: .. .None ABSTAIN: None Brenda Stanfill City Clerk Approved as to form: John Harper, City Attorney c,Tr `AIRMv TEk(EE Community Development Department NEGATIVE DECLARATION Pursuant to the California Environmental Quality Act, a Negative Declaration is hereby filed on the below referenced project, on the basis that said project will not have a significant effect on the environment. DESCRIPTION OF THE PROJECT: Z-95-02 and E-95-04, an application for a Zoning Amendment and Environmental Review to expedite reviewing procedures of structures damaged by fire, earthquake and other natural disasters within the City's residential, commercial and industrial districts. APPLICANT: City of Grand Terrace LOCATION: Citywide FINDING OF NO SIGNIFICANT EFFECT: Based upon the attached Initial Study, there is no substantial evidence that the project will have a significant impact on the environment. A/ U� Patrizia Materassi, Date Community Development Director City of Grand Terrace { cAwp51\p1anning\zc\z9502.nd ATTACHMENT A 22795 Barton Road• Grand Terrace, California 92313-5295 - 90( 9) 824=6621 Exhibit 1 REVIEW PROCESS FOR NON-CONFORMING STRUCTURES AFFECTED BY NATURAL DISASTERS/FIRE ]; Proposed Threshold Triggering Zoning Conformity a) Cost to rebuild equal or greater than Bring whole building up to all codes, since the structure is 75% of current value of property. basically being redone. (assessed, appraised or construction value whichever is greater). b) Cost to rebuild less than 75%. Does not trigger zoning conformance. However, continues triggering building compliance. 2. Site and Architectural Review Procedures for Damaged Structures Chart. Description of Threshold of Zoning Proposed Process Property Conformity Can It Be Applications Required In Applications Required In Rebuilt?/Codes to Case of No Alterations Case of Alterations Comply *1 *2 2 Counts (Cost to rebuild is Cannot be rebuilt N/A N/A NonConforming. equal or greater, than because it is not in (Use&Structure) 75% of the current conformance with value of property). City codes. i.e. old residential (Cost to rebuild is less Can be Only building permits Alterations to meet all unit located on than 75% of current rebuilt/allowed not to required. codes, CUP required. Barton Road value of property). be in conformance Not suppose to expand. (commercial area). with Zoning Code. 1 Count (Cost to rebuild is Can be rebuilt& Land Use and Building SA Review portionately. Nonconforming. equal to or greater requires conformance Permit Required. (Structure only) than 75% of the with all codes. current value of property). i.e. old residential (Cost to rebuild is Can be rebuilt Building Permit only. Alterations to meet all unit located in equal or less than 75% allowed not to be in codes, CUP required. residential district. of current value of conformance with Not suppose to expand. property). Zoning Code. *1. No Alterations: Exception-Alterations to bring structure into compliance with Building Codes. *2. With Alterations: Other expansion of structures per applicant's initiative. c:\office\wpwin\wpdocs\planning\zoning\z9502.cht ATTACHMENT B CHAPTER 18.63 SITE AND ARCHITECTURAL REVIEW Sections: 18.63.010 Purpose 18.63.020 Application 18.63.030 Scope 18.63.040 Submittal Process 18.63.050 Public Hearing Process 18.63.060 Approval Process 18.63.070 Appeal Process 18.63.080 Building Permit Process 18.63.090 Revisions 18.63.100 Expiration/Extensions 18.63.110 Playhouse Procedures 18.63.120 Mechanical Equipment Screening Section 18.63.010 Purpose: The purpose of this chapter is to empower the Planning Commission to sit as the City's Site and Architectural Review Board and the Community Development Director with the responsibility - for comprehensive site plan and architectural review in order to achieve the following: A. To ensure that new development and the alteration or enlargement of existing development occurs in a manner that is consistent with the intent of this title and the General Plan; B. To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area; C. To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title; D. To ensure that plans for landscaping and open spaces provide a functional and visually pleasing setting for the structures on the site and is harmonious with the natural landscape of the area and nearby developments; E. To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms; _ 1 F. To ensure that the design and location of'signs are consistent with the scale and character of the building to which they are attached or otherwise associated with i and are consistent with this title. G. To ensure that structures/buildings damaged by fire, earthquake and other natural disasters are reconstructed in accordance with the Grand Terrace Municipal Code, Zoning Code and other applicable health and safety, building, and fire codes. Section 18.63.020 Application: There are three (3) levels of applications for Site and Architectural Review: A. Land Use Application, B. Administrative Site and Architectural Review, and C. Site and Architectural Review (with public hearing). I. Land Use Application The purpose of this section is to empower the Community 'Development Director or representative with responsibilities for Site and Architectural Review of minor items, yet which may have potential to adversely affect the environment. Noticing to adjacent property owners will be at the discretion of the Community Development Director, with the exception of satellite dishes. A. Land Use Application, regardless of need for a permit, shall be required-in the event any of the following actions or construction occur: 1. Any new construction exceeding 6' in height. 2. Any remodeling or renovation of a structure which results in: a) A change in use or intensity of use (includes any proposed use of a structure which has been vacant for a period of six months or more); or b) An increase in building size (including bulk area and floor area); or . c) Increased capacity; or d) Additional street access. 3. Plan check or clearance of building plans including, but not limited to: swimming pools, spas, patio covers, enclosures, all types of accessory structures, walls, fences and other structures which do not require administrative or formal Site and Architectural Review. 2 B. The following items may be approved by the Planning Director without going to i the Site and Architectural Review Board: 4. Sunrooms provided they strictly meet the Planning Commission setback policies, UBC and other construction code regulations. 5. Satellite dish antennae provided they can be screened,from the street in accordance with code and design standards. Notice including location map or site plan shall be mailed to adjacent property owners requesting comments at least two weeks in advance of the Planning Director's decision. 6. Overhead decks provided they strictly meet the Planning Commission design guidelines. 7. Ground floor additions to existing residential structures located in an R1 District where the addition is less than 500 sq. ft. gross floor area and the exterior design and materials of the addition matches the exterior design and materials of the existing structure. 8. Fences or walls which do not meet Section 18.73.070. 9. All construction of elevated decks. i 10. Construction of playhouses according to Subsection 18.63.110 of this section. 11. Temporary uses with insignificant adverse, long-term impact on the environment, i.e. parking lot sales, rummage sales, Christmas tree sales, seasonal sales and others in the commercial and industrial areas other than residential areas. 12. In the case of damaged or partially damaged structures due to fire, earthquake, explosion or other natural disasters, and the structure will be reconstructed in the exact condition prior to the disaster and in conformance with applicable city codes and Zoning Code. Any item which could not be satisfactorily reviewed at staff level may be subject to Site and Architectural Review at the discretion of the Community Development Director. The Community Development Director decisions shall be final unless appealed to the Planning Commission within 10 calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). 3 II. Administrative Site and Architectural Review Application The purpose of this application is to allow staff level review of projects of medium scale and impact without the need for a public hearing, related costs and noticing procedures. The following items may be approved by the Community Development Director without going to the Site and Architectural Review Board. However, the plans must be routed to all reviewing agencies and notices shall be mailed to adjacent property owners requesting comments within two weeks. The Community Development Director decisions shall be final unless appealed to the Planning Commission within 10 calendar days. Appeals shall be filed with the Planning Department and follow similar rules as the appeals to the City Council (Section 18.63.070). 1. All accessory structures except: a) Structures with 65% or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms. b) Structures 1,200 square feet or more in size. c) Structures with lot coverage higher than 25%. 2. All room additions except: a) Room additions with 65% or more of the square footage of the main residence living area. Living area does not include porches, patios, carports, garages, storage areas, or auxiliary rooms. 3. Large scale temporary uses of insignificant adverse impact on the environment, i.e. parking lot sales which require review by Fire, Health and other agencies. 4. In case,of damaged structures due to fire, earthquakes or other natural disasters where the structure will be reconstructed with alterations but not sufficient to trigger a public hearing. III. Site and Architectural Review Application The purpose of this application is to allow major projects to receive full review from the Site and Architectural Review Board through a public hearing process. Site and Architectural Review by the Site and Architectural Review Board includes, but is not limited to: 4 1. All items which are not subject to Land Use or Administrative Site and Architectural Review Applications. 2. Any conversion of a single ownership property to a condominium ownership or stock cooperative project. 3. Any placement of a modular structure in any district in accordance with this title. 4. Any other project subject to "Site and Architectural Review" as listed in this title or in the Barton Road Specific Plan. 5. Any item which could not be satisfactorily reviewed at the staff level per discretion of the Community Development Director. Additionally, any replacement or reconstruction of disaster damaged structures that are not in the same condition as prior, including changes inititated by the applicant or increased square footage of 65% or more of the main residential livable area, lot coverage over 25% or add accessory structure over 1200 square feet. 6. Refer to chart "Review Process for Non-Conforming Structures Affected By Natural Disasters/Fire". Section 18.63.030 Scone: Where site and architectural review is required the Site and Architectural Review Board and/or the Community Development Director shall consider the following issues (other relevant issues not listed below may also be considered): A. The proposed site plan for the property shall be reviewed taking into consideration the following: 1. Placement of all structures and improvements (including adherence to setback requirements) 2. Vehicular ingress and egress 3. Internal vehicular circulation and parking lot design 4. Pedestrian and vehicular safety 5. Landscaping 6. Pedestrian amenities 7. Lighting 8. Location of all service facilities including waste recycling bins 9. Walls and fences 10. Police and fire protection 11. Relationship to adjoining properties, structures and the site's and surrounding area's natural topography 12. Grading and drainage issues 5 13. Relationship to existing and/or the planned use of adjoining properties and within the general area 14. Consistency with this title and the General Plan 15. Traffic control measures B. The proposed architecture of all structures shall be reviewed taking into consideration the following: 1. Architectural style and building design 2. Proposed building materials and colors 3. Height of structures 4. Design and location of all signs 5. Size and bulk of the structures in relation to existing and/or planned structures on the subject site, adjoining properties and within the general area 6. Consistency with this title and the General Plan Section 18.63.040 Submittal Process: Applications for site and architectural review shall be submitted to the Planning Department. The Planning Director shall review each application and determine its completeness in accordance with planning department policy. Upon determination that an application is complete, the application shall be scheduled either for review by the Site and Architectural \ Review Board or by the Community Development Director as applicable according to Section 18.63.020. Land Use Applications may be completed by assigned planners at the counter or taken in for review as needed. An application for site and architectural review shall contain the following: A. Completed application form. B. Site plan, twenty-five (25) blueline copies plus one (1) blueline copy colored for presentation purposes. The site plan shall be a fully dimensioned drawing clearly showing: 1. All buildings, property lines and easements 2. All parking spaces, driveways and drive aisles 3. All landscaped areas 4. All walls'and fences 5. Location of all signs 6. Public improvements to the street centerline 7. Site address and assessor's parcel number 8. Property owner name and address 9. Number of lots and their sizes (in square feet) 10. North arrow, graphic and numeric scales. 6 C. Elevations, twenty-five(25) blueline copies plus one(1)blueline copy colored for presentation purposes. The elevations shall be scaled, dimensioned drawings of each side of each building and/or sign. D. Landscape plan, twenty-five (25) blueline copies plus one (1) blueline copy colored for presentation purposes. The landscape plan shall show the location of all proposed plant material, common and botanical names, quantities and . sizes,paved areas and paving materials and property lines. E. Grading Plan, twenty-five (25) blueline copies plus one (1) blueline copy colored for presentation purposes. The grading plan shall show existing and proposed topography for the site and within 100 feet of the property lines. The plan shall also show all trees with a trunk diameter greater than four inches. F. Material Board, one (1) 8 1/2" by 11" mounting board showing samples of exterior design elements such as roofing material, paint chips, brick, stone or other accent features. G. 300 foot radius map, property owner mailing list keyed to the radius map and a signed mailing list affidavit. H. Application fee. In case of Administrative Site and Architectural Review and Land Use_Applications, the number of plans and specific requirements will be determined by the Community Development Director on a case-by-case basis according to the scale and impact of projects. The Community Development Director may require additional information or delete certain requirements from an application depending on the specific situation. Section 18.63.050 Public Hearing: The Site and Architectural Review Board shall hold a public hearing on any proposed site and architectural review application and shall notice said hearing in accordance with Section 65091 of the California Government Code. Section 18.63.060 Approval Process: After review of an application, the Site and Architectural Review Board shall approve the application only if: A. The following findings are made: 7 1. The proposed project is consistent with the intent of the Grand Terrace Municipal Code and the General Plan. 2. The location and configuration of all structures associated with this project are visually harmonious with this site and surrounding sites and structures, that they do not interfere with the neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas and are in scale with the townscape and natural landscape of the area. 3. The architectural design of structures, their materials and colors are visually harmonious with surrounding development,natural landforms, are functional for the proposed project and are consistent with the Grand Terrace Municipal Code. 4. The plan for landscaping and open spaces provide a functional and visually pleasing setting for the structures on this site and is harmonious with the natural landscape of the area and nearby developments. 5. There is no indiscriminate clearing of property, destruction of trees or natural vegetation or the excessive and unsightly grading of hillsides, thus the natural beauty of the city, its setting and natural landforms are preserved. 6. The design and location of all signs associated with this project are consistent with the scale and character of the building to which they are attached or otherwise associated with and are consistent with the Grand Terrace Municipal Code. 7. Conditions of approval for this project necessary to secure the purposes of the Grand Terrace Municipal Code and General Plan are made a part of this approval. Section 18.63.070 Appeal Process: The decision of the Site and Architectural Review Board shall be final unless appealed to the City Council within ten (10) calendar days. Such an appeal may be made by the applicant, any member of the City Council or any other interested person. A. An appeal of a Site and Architectural Review Board decision shall be made in the following manner: 1. Filing with the City Clerk's Office a completed Application for Appeal. 2. Payment of the appropriate appeal fee. B. After accepting an application for appeal, the City Clerk shall set a date for the City Council to hear the appeal. Notices of the appeal shall be given to the applicant, the Site and Architectural Review Board and the appellant. -- 8 C. The Site and Architectural Review Board shall submit a report to the City Council containing the reasons for the Board's decision and the minutes of its meeting regarding the appealed decision. D. The City Council shall hear the appeal and make its own determination regarding the application and its consistency with this title and the General Plan. Upon such determination, the City Council shall uphold, modify or reverse the Site and Architectural Review Board's decision. If during the City Council's hearing of the appeal, new information is provided that was not considered by the Site and Architectural Review Board, the City Council may refer the application back to the Site and Architectural Review Board for reconsideration of the application with the new information. Section 18.63.080 Building Permit Process: After the appropriate appeal period has ended or after a final determination is made by the City Council, the applicant may submit for building permits. The application shall include three (3) sets of the approved site plan, elevations, landscape plan and grading plan, each set shall be approved and signed by the Community Development Director and shall have attached to it a copy of any conditions of approval required by the Site and Architectural Review Board or the City Council. Two of the required sets of plans shall be submitted to the Department of Building and Safety along with the appropriate construction specification plans for the approved project. The third set shall be kept on file in the Planning Department. The Department of Building and Safety shall then prepare the appropriate permits in accordance with all applicable state and local codes. Section 18.63.090 Minor Alterations and Revisions: An applicant may request minor alterations or revisions to approved plans by the Site and Architectural Review Board after the initial approval of the plans as follows: A. Minor alterations to the approved plans which result in a change to the exterior facade of a structure, any element of the landscaping plan or the design of the site plan may be approved by the Community Development Director. Other minor alterations may be approved by the Building and Safety Director. All approved minor alterations shall not result in a substantial change from the approved plans. B. Any proposed revisions which result in a substantial change to the approved plans shall be submitted to the Site and Architectural Review Board for consideration pursuant to the procedures set forth in this chapter for initial application. 9 Section 18.63.100 Expiration and Extensions: The approval of a site and architectural review application shall expire one (1) year from the date of its approval unless one of the following actions occur: A. The applicant applies for a building permit and commit substantial investment in accordance with the approved plans prior to the expiration date. B. A business license is issued in accordance with the Grand Terrace Municipal Code, as applicable. C. The applicant has complied with all applicable conditions of approval. In case the applicant is not able to comply with Sections A, B or C of the aforementioned section, then the applicant shall apply for an extension of the one-year compliance period prior to expiration date. The Planning Director may upon application by the applicant, extend the period of approval for a length of time.up to one year. No approval shall be extended to a date beyond two (2) years from the date of the initial approval. Section 18.63.110 Playhouse Review Guidelines Definition Playhouses consist of small structures (maximum of 120 sq. ft.), with ground-mounted or elevated floor where raised floor does not exceed 6' in height. Playhouses are made by property owners, "handyman" or pre-manufactured kits, usually with elevated portions at times connected to other play equipment such as jungle gyms, swings, etc. Playhouses are usually built of wood, painted metal and various other materials. Playhouses are sometimes placed over a tree. These structures are built as children play areas. It should be noted that pre-manufactured kits are not pre-approved structures and do not necessarily conform to City Codes and to these guidelines. Such kits are subject to the ' guidelines as much as any playhouses built from scratch by a "handyman" or property owner. Playhouses are considered accessory structures or "subordinate structures" to the main residence and shall be built in compatibility with the main residence and with surrounding sites and structures. ( � ) 10 Goals The review of a playhouse is therefore to achieve the same goals as the Site and Architectural Review of a main residence, as listed in the City of Grand Terrace Municipal Code Section 18.63.010 - Purpose. "To ensure that the location and configuration of structures are visually harmonious with their sites and surrounding sites and structures, that they do not interfere with neighbors' privacy, that they do not unnecessarily block scenic views from other structures and/or public areas, and be in scale with the townscape and natural landscape of the area; To ensure that the architectural design of structures and their materials and colors are visually harmonious with surrounding development, natural landforms, is functional for the proposed project and is consistent with this title; To ensure the preservation of the natural beauty of the city and its setting, to prevent the indiscriminate clearing of property, the destruction of trees and natural vegetation and the excessive and unsightly grading of hillsides, and to preserve the natural landforms." Specific Review Criteria: 1. Location of playhouse shall minimally meet accessory structure setbacks (10' rear and 5' side setbacks from toe or top of slope) and shall not be located on utility easements or public right-of-way. It is recommended that playhouses be located as not to be visible from neighbors' yards, whenever possible. 2. The following criteria apply to all playhouses, but especially to playhouses which are visible from neighbors' yards: a. Playhouse windows shall not face neighbors' yards but towards the main residence so as not to interfere with neighbors' privacy. b. Ceiling height on elevated playhouses shall not be suitable for adults (maximum of five and one-half feet). An elevated playhouse which functions as an observation tower or elevated deck shall follow a different set of review criteria and may be subject to a public hearing. Playhouses for infants or toddlers who need constant supervision are strongly encouraged to be ground mounted. Note that a playhouse shall not be elevated more than 6' from grade, otherwise, the "under floor" will be considered a "story" and the structure will no longer be considered a playhouse. -- 11 C. Colors shall be compatible with the main residence and with neighbors' fences in such a manner as to.blend in as much as possible. Brightly colored playhouses visible from neighbors' yards are strongly discouraged. Pastel colors such as off- white, cream and light tan are encouraged. This applies to all construction elements, such as walls, pilasters, roof and trim: d. In case playhouses barely meet the accessory structure setback requirements, a row. of London Plane trees or other trees are encouraged to be planted surrounding the structure to diminish visual impact of structure on adjacent residences. e. Construction materials shall not include glass, cardboard or sheet aluminum roofing. No electrical or plumbing elements are allowed. First quality materials are recommended, since playhouses do not require permits and aesthetics and safety of construction is critical. f. Playhouses shall be constructed so as not-to obstruct scenic views of the mountains or valley and shall be on scale with adjacent development on and off- site, i.e.: 1) Hilly areas: In areas of small lots (7,200 sq. ft. or less), a 120 sq. ft., elevated - playhouse (12' in height) at 5' from the property line may be perceived as a "huge structure" if seen from a neighbor's yard, especially when in a descendent topography. It is recommended that special attention be given to views when in areas with topographic gradients. 2) Areas with existing accessory structures: In the case where other surrounding accessory structures are of 8 to 10' in height, a playhouse with height exceeding 10' is strongly discouraged. Harmony with scale of surrounding development is to be achieved. 3) Flat areas: In case proposed playhouse is the first accessory structure with overall height above 6' in a specific area (3 to 4 adjacent properties), it is strongly recommended that it be ground-mounted and located so as not to be visible from neighbors' yards (roof can be visible). Preservation of existing feeling of openness and space is desired whenever possible. Unless this structure blends in "perfectly" with its surroundings, it is likely to create significant controversy. 4) Playhouses on trees: a. When playhouses are installed on a live tree without alterations to the appearance of the tree, they are considered self-screened, however, all other criteria will apply. 12 b. When playhouses are installed on a dead or significantly altered or chopped tree with or without posts of support, they are subject to the guidelines as any other playhouse. 1 Note.that in case these structures are larger than 120 sq. ft., they are considered illegal structures and shall be demolished. A building permit is not applicable. Chopping or destroying trees to install tree houses is strongly discouraged. Trees have several natural functions, such as cooling the environment, cleaning the air by producing oxygen, fertilizing and protecting soil from erosion and many more. Trees help to create the very same scenic view which enhance property values. Observations provide evidence that there is a very significant correlation between amount of trees on-private and public spaces with high image cities and neighborhoods. While one tree may be interrupting a scenic view, all the neighborhood trees, including the one in question, together help maintain and enhance the quality of life and property values in that community. Review Procedures Required: 1. Playhouses exceeding 6' in overall height are subject to playhouse review criteria and require Community Development Director clearance (Land Use Approval application - $33.00 fee). Playhouses are exempt from building permit. 2. Playhouses which are 6' or below in overall height are exempt from both permit and planning review. Note that small structures exceeding 120 sq. ft., with second story, are considered playhouses and are subject to permit. When subject to a permit, such a structure will need to meet habitable standards, including, but not limited to, Title 24 of the Uniform Building Code, energy conservation, electrical, plumbing, etc. This basically transforms the small structure into a "recreation room" of "accessory living quarters". Process In case your proposed playhouse meets all criteria, an over the counter approval will be granted. Otherwise, noticing to adjacent neighbors may be required to avoid complaints in the future. At the end of two weeks, if no complaints are received, the application will be approved subject to the Community Development Director's recommendation. To expedite the process, the applicant has the option to bring support letters from the neighbors. In case neighbors are concerned, a meeting will take place for exchange of information. Usually, it resolves all questions and the project can proceed. Ultimately, in case the applicant is not accepting of the Community Development Director's approval recommendations, then he/she can appeal to the Planning Commission per Section 18.63.070. 13 Section 18.63.120 Mechanical Equipment Screening r \ In the case of new residential, commercial or industrial units all rooftop mechanical equipment shall be located at a distance from the edge of the building or shielded by means of a lattice or similar materials or parapet, so as not to be visible from the pedestrian level, adjacent roads or adjacent properties. In case of fire damaged structures, staff will evaluate projects on a one-by- one case basis before applying requirement. c:\wp51\p1anning\zc\1863d - 14 CHAPTER 18.76 NONCONFORMING USES AND BUILDINGS Sections: 18.76.010 Purpose 18.76.020 Nonconforming Use of Land 18.76.030 Nonconforming Use of Buildings 18.76.040 Nonconforming Buildings 18.76.050 Buildings Under Construction Section 18.76.010 Purpose: The purpose of this chapter is to establish the permitted use, expansion and maintenance of nonconforming uses and buildings located within the City. Section 18.76.020 Nonconforming Use of Land: The lawful use of land existing at the time of the adoption of the ordinance codified in this title, although such use does not conform to the regulations, specified in this title for the district in which such land is located, may be continued; provided, that no such use shall be enlarged or increased, nor be extended to occupy a greater area than that occupied by such use at the time of the adoption of the ordinance codified in this title, and when any such use ceases the subsequent use of such land shall be in conformity to the regulations specified by this title for the district in which such land is located. Section 18.76.030 Nonconforming Use of Buildings: A. The lawful use of a building existing at the time of the adoption of the ordinance codified in this title may be continued, although such use does not conform to the regulations specified for the district in which the building is located. B. The nonconforming use of a portion of a building may be extended throughout the building; provided, that in each case a use permit shall first be obtained. C. The nonconforming use of a building may be changed to a use of the same or more restricted nature; provided, that in each case a use permit shall first be obtained. D. If the nonconforming use of a building and/or operations within a building ceases for a continuous period of six months, it shall be considered terminated and the building shall thereafter be used only in accordance with the regulations for the district in which it is located. 1 Section 18.76.031 Termination - Discontinuance of Use A. Such discontinuance of the active and continuous operation of such non conforming use, or part or portion thereof, for such periods, is construed and considered to be an abandonment of such nonconforming uses, regardless of any reservation of an intent not to abandon same or of an intent to resume active operations. If actual abandonment in fact is evidenced by the removal of buildings, structures, machinery, equipment and other evidences of such nonconforming use of the land and premises, the abandonment shall be construed and considered to be completed within a period of six months and all rights to reestablish or continue such nonconforming use shall thereupon terminate. Section 18.76.032 Termination - Violation of Laws A. Any of the following violations of the municipal code shall immediately terminate the right to operate a nonconforming use except as otherwise provided. 1. Changing a nonconforming use to a use not permitted in the zone; 2. Increasing or enlarging the area;'space or volume occupied by or devoted to such nonconforming use. 3. Addition to a nonconforming use of another use not permitted in the zone. Section 18.76.033 Termination - Operation of Use. A. The following non conforming uses and structures shall be discontinued and structures removed from their sites within the time periods specified in this section, commencing with January 27, 1994, except when extended or revoked as otherwise provided. 1. Where the property is unimproved, one year. 2. Where the property is unimproved except for structures of a type for which the city building code does not require a building permit, three years. 3. Where the property is unimproved except for structures which contain less than one hundred square foot of gross floor area, three years. 4. Signs, three years. 5. A nonconforming use conducted in a structure designed to serve a use permitted in the zone, five years. 6. In other cases twenty years from January 27, 1994, or amendment thereto establishing nonconforming status, and for such longer time so that the total life of the structure from the date of construction, based on the type of construction as defined by the building code, will be as follows: 2 a. Type IV and Type V buildings (light incombustible frame and wood frame) used as 1) One family dwellings, two family dwellings, three family dwellings, apartment houses and other buildings used for residential occupancy, twenty-five years. 2) Stores and factories, twenty-five years. 3) Any other building not herein enumerated, twenty-five years. b. Type III buildings (heavy timber construction and ordinary masonry)used as: 1) One family dwellings, two family dwellings, three family dwellings, apartment houses, offices and hotels, thirty years. 2) Structures with stores below and residences, offices or a hotel above, thirty years. 3) Warehouses, stores and garages, thirty years. 4) Factories and industrial buildings, thirty years. C. Type I and Type II buildings (fire resistive) uses as: 1) One ,family dwellings, two family dwellings, three family dwellings, apartment houses,,offices and hotels, thirty years. ( 2) Theaters, warehouses, stores and garages, thirty years. V 3) Factories and industrial buildings, thirty years. Section 18.76.034 Termination - Abatement as a Public Nuisance A. Whenever a nonconforming use or structure becomes obsolete, dilapidated, substandard, unsafe, or exists in a state of general disrepair, the Planning Commission may hold a public hearing to evaluate and make declaration of nuisance. Section 18.76.0410 Nonconforming Buildings: A. No use permit is required for the following: 1. Ordinary maintenance and repairs may be made to any nonconforming building; provided, that no structural alterations and/or additions are made; provided further, that such maintenance and repairs do not exceed twenty-five percent (25%) of the assessed value of the building in any one-year period; 2. Any repairs necessary to bring a nonconforming building into compliance with city codes regardless of whether such repairs exceed twenty-five percent (25%) of the assessed value of the building in any one-year period; provided, that the total floor area in the building shall not be increased. 3 B. A conditional use permit is required for the following: 1. Ordinary maintenance and repairs to any nonconforming building which exceed twenty-five percent (25%) of the assessed value of the building in any one-year period; 2. Any structural alterations and/or additions; provided, that the total floor area of the building shall not be increased by more than twenty percent (20%) or one hundred twenty (120) square feet; whichever is greater; 3. Exception is in the case of damaged buildings/structures due to fire, earthquake, or natural disasters, refer to paragraph D. C. As a condition to any conditional use permit granted pursuant to subsection B of this section, the portions altered or repaired shall be brought into conformity with applicable city codes including the Zoning Code. D. Repair Of Damaged Or Partially Damaged Structures Due To Fire, Explosion, Earthquake, Or Other Natural Disasters. Any nonconforming structure or conforming structure containing a nonconforming use which is damaged or destroyed by fire, explosion, act of God, collapse or any other casualty or calamity may be reconstructed to the condition in which it existed immediately prior to the occurrence of such damage or destruction, provided that: 1. The total cost of the reconstruction of the structure shall not exceed 75% percent of the value of the structure prior to the damage or destruction. The value of the structure may be computed by any of the following methods: a. The Current assessed valuation of the structure as shown on the latest county of San Bernardino equalized assessment role. b. An appraisal of the damage or destroyed structure made by a State of California licensed appraiser to determine pre-damage or destruction value of the structure. C. The value to construct the original structure as shown on the building department's official records, based upon the current building construction costs.upon which building permit valuations are computed. 2. In determining the reconstruction cost of any nonconforming structure, there shall not be included therein the cost of the .land or any factors other than those concerning the nonconforming structure itself. 4 a. All such construction or repairs shall be started within one year from the date of damage or destruction and shall be pursued diligently to completion. Otherwise, the right to rebuild pursuant to this section is terminated, which means within one more year. b. In the case of the buildings/structures being reconstructed in a different condition than what originally existed prior to the damages (fire, earthquake or natural disaster), then the project shall be evaluated in accordance to Site and Architectural Review criteria, Chapter 18.63. Section 18.76.050 Buildings Under Construction: Nothing contained in this title shall be deemed to require any change in plans, construction or designated use of any building for which a building permit has properly been issued, in accordance with the provisions of ordinances then effective and upon which actual construction has been started prior to the effective date of the ordinance codified in this title; provided, that in all such cases actual construction shall be diligently carried on until completion of the building. c:\wp5l\planning\titlel8\1876d.txt 5