Chapter 17.17 SPECIAL USES AND STANDARDS

Chapter 17.17
SPECIAL USES AND STANDARDS

Sections:

17.17.010 Keeping of Large Animals.

17.17.020 Keeping of Small Animals.

17.17.030 Keeping of Wild Animals.

17.17.040 Specific Development Requirements.

17.17.050 Adult Business Regulations.

17.17.060 Park Fees or Dedication for Multifamily Residential Development.

17.17.070 Density Bonus Requirements.

17.17.080 Cluster Developments.

17.17.090 Oak Tree Preservation.

17.17.010 Keeping of Large Animals.

A. Purpose. The following regulations are established for the keeping of large animals such as horses, cows, pigs and similar animals pursuant to Section 17.13.020.

B. The keeping of large animals is permitted as follows (except as provided in Sections 17.16.080 and 17.16.090 of this code):


Minimum Square Footage	Pigs	Other Large Animals
15,000—20,000	0	3
20,001—25,000	0	4
25,001—30,000	0	5
30,001—35,000	0	6
35,001—1 acre	0	7
Greater than 1 acre	1/acre	8/acre

1. Pigs are permitted as follows:

a. They shall be located not less than one hundred fifty (150) feet from any highway and not less than fifty (50) feet from the side or rear lot lines of any lot or parcel of land.

b. They shall not be fed any market refuse or anything other than table refuse from meals consumed on the same lot or parcel of land, or grain.

2. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned.

3. Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the permitted and one additional animal of the type used for such purposes.

4. In accordance with Los Angeles County Health Department requirements, all buildings or structures, including, but not limited to, barns, corrals, training arenas, etc., used in conjunction with the keeping of large animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation.

5. All excrement produced by said large animals shall be disposed of on a regular basis so as to control flies and odor. (Ord. 01-5, 2/27/01)

17.17.020 Keeping of Small Animals.

A. Purpose. The following regulations are established for the keeping of small animals such as sheep, goats, dogs, rabbits, birds and similar animals weighing less than three hundred (300) pounds pursuant to Section 17.13.020 of this code.

B. The keeping of small animals is permitted as follows:


Minimum Square Footage	Birds (Excluding Poultry) and Rodents	Dogs1	Cats2	Other Small Animals2
Up to 15,000	3	3	6	0
15,000—20,000	9	3	6	3
20,001—25,000	12	3	6	4
25,001—30,000	15	3	6	5
30,001—35,000	18	3	6	6
35,001—1 acre	21	3	6	7
Greater than 1 acre	24/acre	4	10	8/acre

1 All dogs and cats shall be kept in compliance with the requirements of Title 8 of the municipal code.

2 Goats, sheep, miniature horses, potbellied pigs, poultry (excluding roosters which shall be permitted on lots or parcels of land having a minimum area of one acre) and other similar animals that weigh less than three hundred (300) pounds as defined in Section 8.08.021 of the Santa Clarita Municipal Code.

1. Young animals born to a permitted animal kept on the site may be kept until such animals are weaned (dogs—four (4) months).

2. All excrement produced by said small animals shall be disposed of on a regular basis so as to control flies and odor.

3. Members of FFA (Future Farmers of America) and 4-H (Head, Hand, Heart and Health) may have the above permitted and one additional small animal.

4. Sale of eggs, honey or similar products shall be permitted on lots or parcels of land where the keeping of such animals is permitted.

C. A minor use permit is required for the keeping of small animals in excess of the numbers permitted by this section. (Ord. 00-3, 2/8/00; Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05)

17.17.030 Keeping of Wild Animals.

A. The keeping of the following wild animals is permitted in accordance with Section 17.13.020:

–Antelopes

–Armadillos

–Badgers

–Beavers

–Camels

–Deer

–Foxes

–Giraffes

–Kangaroos

–Koalas

–Minks

–Ostriches

–Otters

–Peacocks

–Porcupines

–Prairie Dogs

–Raccoons

–Seals

–Wallabies

–Zebras

–Other similar animals which, in the opinion of the Director, are neither more obnoxious nor detrimental to the public welfare than the animals listed above.

B. The number of animals permitted to be kept shall be determined by the Director based on the square footage requirements for similar permitted animals.

C. All structures used in conjunction with the keeping of wild animals shall be located a minimum of fifty (50) feet from any street or highway or any building used for human habitation.

D. All excrement produced by said wild animals shall be disposed of on a regular basis so as to control flies and odor. (Ord. 05-1 § 2, 1/25/05)

17.17.040 Specific Development Requirements.

A. Purpose. The purpose of this section is to detail specific development requirements for certain uses within the City which have characteristics and performance requirements which are not covered by the property development requirements of the zones. These standards are in addition to the property development requirements of this chapter.

B. Gas Sales and Auto Repair. All facilities with combined gas sales and auto repair shall conform to the following requirements:

1. All buildings shall maintain a setback distance of not less than thirty (30) feet from any public street right-of-way line, except for pump-island canopies, unless modified by the Director of Community Development due to physical constraints of the property.

2. Mechanical servicing or greasing of trucks less than one and one-half ton capacity or industrial equipment of any type or character shall be permitted. Service for trucks greater than one and one-half ton capacity shall not be permitted.

3. Sale of merchandise, clearly incidental to the automotive industry shall be permitted only within an enclosed building. Merchandise display shall be permitted on each pump island; provided, that the aggregate display area on each island shall not exceed twelve (12) square feet.

4. Parking area shall not be permitted to block ingress to or egress from pump islands or service bays.

5. There shall be no more than one driveway to any one street for each development site, unless modified by the Director.

6. The outer radius of any turning area to all pump islands shall be a minimum of twenty-five (25) feet.

7. Self-service automated car washes shall be permitted as accessory uses to gas sales and shall be located no closer than fifty (50) feet from a residential zone unless modified by the Director of Community Development.

8. Public restrooms shall be provided.

9. Propane tanks are allowed as an accessory use to a gas sales facility. They shall be screened or landscaped, and set back from any right-of-way in a location that is satisfactory to the Director of Community Development.

C. Car Washes. All new full- and self-service car washes shall conform to the following requirements:

1. The wash rack and any other enclosed work space shall be constructed and arranged so that entrances, exits and openings therein shall not face any property in any residential zone, or shall be adequately screened and noise buffered from the residential zone.

2. There shall be no more than one driveway to any one street for each development site unless modified by the Director of Community Development.

3. Except for self-service car washes, a queue waiting area for incoming cars of not less than two thousand (2,000) square feet shall be provided. An area beyond the exit end of the washing equipment of not less than three thousand (3,000) square feet shall be provided for the hand finishing of the washing process.

4. Self-service car washes shall provide a minimum three (3) car stacking area for the washing, drying and vacuuming of cars. These stacking areas shall be in the rear of the site and screened from the public right-of-way to the satisfaction of the Director of Community Development.

5. Servicing of motor vehicles, other than cleaning, polishing and the dispensing of fuel and oil shall not be allowed unless the facility also meets all requirements for a service station.

6. Wash and rinse water shall be fully reclaimed and recirculated at full service car washes. Additional non-reclaimed water required to account for losses due to evaporation, water carried out on vehicles as a result of their having been washed, and similar losses is permitted. The reclamation and recirculation system shall be designed by a professional engineer registered in the State of California to practice in the field of mechanical engineering.

7. Provisions shall be made to prevent area water from the site from flowing over any public sidewalk.

8. Self-service automated car washes shall be permitted as accessory uses to automobile service stations and shall be located no closer than fifty (50) feet from a residential zone unless modified by the Director of Community Development.

9. Public restrooms shall be provided.

D. Bars and Alcohol Drinking Establishments, and Liquor Stores. All new bars and alcohol drinking establishments, and liquor stores which offer for sale alcoholic beverages for consumption on- or off-site as an accessory use to a restaurant use, shall be required to obtain a minor use permit in accordance with Section 17.03.040, unless otherwise stated in this section. The Director may impose conditions consistent with this code unless otherwise stated in this section. A minor use permit (subject to noticing requirements of Section 17.01.100) may be deferred to the Planning Commission for any application for a bar and drinking establishment or liquor store that meets one or more of the following findings:

1. The proposed use and all required parking areas are located not less than five hundred (500) feet from any church or hospital;

2. The proposed use and all required parking areas are located not less than five hundred (500) feet from any school, public playground or youth facility;

3. The proposed use and all required parking areas are located not less than two hundred fifty (250) feet from any residence; and

4. For restaurants, coffee shops, delicatessens, snack bars and similar uses which propose to sell alcoholic beverages for on-site consumption, full-menu food service shall be available at all times that alcoholic beverages are offered for sale.

5. In instances where a church, hospital, school, public playground, or youth facility locates within five hundred (500) feet of a pre-existing bar, drinking establishment, or liquor store, or where a residence locates within two hundred (250) feet of a pre-existing bar, drinking establishment, or liquor store, the provisions of this section do not apply. In addition, in such instances, the pre-existing legal bar, drinking establishment, or liquor store will not be rendered a nonconforming use.

E. Electrical and Cogeneration Facilities. In addition to the findings required by this code, the Planning Commission shall not approve an application for a conditional use permit for electric distribution substations, electric transmission substations, electric generating facilities or steam and electric cogeneration facilities unless the information submitted by the applicant and/or presented at the public hearing on the application substantiates each of the following findings:

1. The use utilizes the best available control technology to reduce air pollution;

2. The use will not produce any emissions which exceed the standards established by the South Coast Air Quality Management District or has provided equivalent offsets in the Santa Clarita Valley;

3. The use will not operate during first stage smog alerts in the Santa Clarita Valley;

4. Noise levels from the use will not exceed the ambient noise levels at the boundary of the proposed site;

5. Water vapor emissions from the use will be reduced by utilization of the best available control technology and will not significantly increase humidity at the proposed site;

6. The use will not emit odors which can be detected at the boundary of the proposed site;

7. The use will be reasonably protected from geologic hazards;

8. The use will not contribute to the degradation of the underlying aquifers or surface runoff;

9. Lighting proposed for the use will not have an adverse impact on adjacent properties;

10. The use will be adequately screened from surrounding properties; and

11. The use will not utilize or produce hazardous materials that are not adequately protected against accidental spillage, discharge or release at or from the proposed site.

F. Hazardous Waste Facilities.

1. Purpose. Hazardous waste facilities shall be subject to the provisions of this section to assure adequate protection of public health and the environment without imposing undue restrictions on hazardous waste facility projects. These regulations are in addition to State and federal regulations; in the event that a conflict with these regulations exists, State and federal regulations shall prevail.

2. Regulations.

a. General Definitions. Unless otherwise provided, the words and phrases used in this section shall have the meanings set forth in Division 20, Chapter 6.5, Article 2 of the California Health and Safety Code (commencing with Section 25110) and Section 25199.1 of the California Health and Safety Code, and as such provisions are amended from time to time.

(1) Residuals Repository. “Residuals repository” is defined pursuant to the definition contained in the Los Angeles County Hazardous Waste Management Plan.

b. Procedures for Applications for Land Use Decisions. In addition to the procedures specified in this chapter, applications for hazardous waste facilities shall be processed in a manner consistent with the provisions of Division 20, Chapter 65, Article 8.7 of the California Health and Safety Code (commencing with Section 25199) and as such provisions may be amended from time to time.

(1) Criteria. All hazardous waste facility projects must meet the criteria listed herein unless the City Council determines that one or more criteria should be relaxed to meet an overriding public need identified by the Council.

(2) Public Notice. Not later than one month prior to any public hearing scheduled either by the City or the Governor’s Office of Permit Assistance, the applicant shall provide three (3) sets of mailing labels indicating all owners of record as shown on the latest County Equalized Assessment Roll that lie within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant and three (3) sets of mailing labels indicating all residents, tenants and businesses within a two thousand (2,000) foot radius of the boundary or land owned by the project applicant.

c. Contents of Application. Every application for a hazardous waste facility project shall be made in writing to the Director of Community Development on the forms provided by the Director of Community Development, and accompanied by a filing fee as established by the City Council by resolution.

d. Standards and Criteria.

(1) Consistency with Siting Policies. All hazardous waste facility projects in the City of Santa Clarita shall be consistent with the hazardous waste siting policies, standards and locational criteria in the Land Use Element of the Santa Clarita General Plan and the provisions of this section.

(2) Consistency with the General Plan. The proposed facility shall be consistent with all general plan requirements, zoning ordinances and other planning actions or policies that were in place at the time the application was deemed complete.

(3) Changes in Real Property Values. The applicant shall fund an independent study of the effects of the facility on real property values within the City. While the proponent shall fund the study, in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee.

(4) Direct Revenue to Local Jurisdictions. The Council may, at its discretion, explore, review and impose appropriate taxes, user fees and other revenue or compensation options.

(5) Changes in Employment. The applicant proponent shall fund an independent study of changes in employment anticipated if the facility is approved. While the proponent shall fund the study in advance, the City shall hire and control the work of the consultant conducting said study. Said study shall be completed prior to action on the application by the local assessment committee so that the information contained in the study may be considered by the local assessment committee.

(6) Excess Volume. No hazardous waste facility shall be sited if such facility will manage a volume or type of hazardous waste in excess of that generated within the City of Santa Clarita and not currently being managed by a facility located in Santa Clarita unless satisfactory compensation is made to the City or a joint powers agreement or intergovernmental agreement provides otherwise.

(7) Compatibility with County Hazardous Waste Management Plan. Any application shall clearly demonstrate compatibility with the portions of the County of Los Angeles Hazardous Waste Management Plan that identify siting criteria for hazardous waste facilities.

(8) Land Use Compatibility. The application shall demonstrate that the hazardous waste facility is highly compatible with land uses in the vicinity of the proposed facility. For a residual repository, the distance from the active portion of the facility to the nearest residence shall be a minimum of two thousand (2,000) feet.

(9) Compatibility of Emergency Services. All facilities shall locate in areas where fire departments are able to immediately respond to hazardous materials accidents, where mutual aid and immediate aid agreements are well established, and where demonstrated emergency response times are the same or better than those recommended by the National Fire Preservation Association. In addition, hazardous materials accident response services at the facility may be required based on the type of wastes handled on the location of the facility.

(10) Flood Hazard Areas. Residuals repositories are prohibited in areas subject to inundation by floods with a one hundred (100) year return frequency, and shall not be located in areas subject to flash floods and debris flows. All other facilities shall avoid locating in flood plains or areas subject to flash floods and debris flows unless they are designed, constructed, operated and maintained to prevent release or migration of hazardous wastes in the event of inundation.

(11) Proximity to Active or Potentially Active Faults. All facilities are required to have a minimum two hundred (200) foot setback from a known active earthquake fault.

(12) Slope Stability. Residuals repositories are prohibited in areas of potential rapid geological change. All other facilities shall avoid locating in areas of potential rapid geological change such as fault areas, areas subject to liquefaction, subsidence and/or landslide areas unless containment structures are designed, constructed and maintained to preclude failure as a result of such changes.

(13) Dam Failure Inundation Areas. All hazardous waste management facilities shall locate outside a dam failure inundation area.

(14) Aqueducts and Reservoirs. All facilities shall locate in areas posing minimal threats to the contamination of drinking water supplies.

(15) Discharge of Treated Effluent. Facilities generating wastewaters shall be located in areas with adequate sewer capacity to accommodate the expected wastewater discharge. Such discharge shall be pre-treated as necessary prior to discharge into the sanitary sewer system. If sewers are not available, the site should be evaluated for ease of connecting to a sewer or for the feasibility of treatment and surface discharge.

(16) Proximity to Water Supply Wells and Well Fields. A residuals repository shall locate away from the cone of depression created by pumping a well or well field. Location is preferred where the saturated zone predominantly discharges to nonpotable water without any immediate withdrawals for public water supply. All other hazardous waste facilities shall locate outside the cone of depression created by pumping a well field unless an effective hydrogeologic barrier to vertical flow exists.

(17) Depth to Groundwater. Residuals repositories and facilities with subsurface storage and/or treatment are prohibited in areas where the highest anticipated seasonal high elevation of underlying groundwater is ten (10) feet or less from the lowest subsurface point of the facility. At all facilities, the foundation of all containment structures at the facility must be capable of withstanding hydraulic pressure gradients to prevent failure due to settlement, compression, or uplift as certified by a California Registered Civil Engineering Geologist. Facilities which handle liquids should be located where groundwater flow is in one direction with no vertical interformational transfer of water.

(18) Proximity to Habitats of Threatened Endangered Species. Facilities are prohibited in habitats of threatened or endangered species unless the applicant can demonstrate that the habitat will not be disturbed and the survival of the species will not be threatened.

(19) Recreation, Cultural, or Aesthetic Areas. All facilities shall be prohibited in areas of recreation, cultural or aesthetic value.

(20) Areas of Potential Mineral Deposits. Residual repositories shall not be located on or near lands classified as containing mineral deposits of significance by California’s Mineral Land Class Maps and Reports. All other facilities shall avoid locating on or near lands classified as containing mineral deposits of significance if the use or preservation of the mineral deposit would be restricted or prevented.

(21) Distance from Major Transportation Routes. Distance traveled on minor roads shall be kept to a minimum. Facility proponents shall be required to pay user fees to ensure proper road construction and maintenance necessary to accommodate the anticipated increase in traffic due to the facility.

(22) Structures Fronting Truck and Transportation Routes. Facilities shall be located such that any track or transportation route to and from State or interstate divided highways or rail lines contain a minimum number of nonindustrial structures and sensitive uses (homes, hospitals, schools, etc.).

(23) Closure and Post-Closure Plan. The applicant shall submit to the Director of Community Development a written closure plan and post-closure plan approved by the Department of Health Services. All revisions to such closure plan shall also be submitted to the Director of Community Development.

(24) Financial Responsibility. Prior to issuance of a permit to begin the use identified in the land use decision, the applicant shall submit to the City Manager proof that it has met all of the financial responsibility requirements imposed by the Department of Health Services and any other federal or State agency.

(25) Indemnification. The applicant agrees to protect, defend, indemnify and render harmless the City of Santa Clarita and its City Council, City Manager and all officers, employees and agents of the City against and from all claims, actions or liabilities relating to the land use decision or arising out of its implementation at the site.

(26) General Conditions. The City may impose, as necessary, conditions and standards other than those presented in this subsection and in the Santa Clarita General Plan, in order to achieve the purposes of this chapter and to protect the health, safety, or general welfare of the community.

(27) Mandatory Conditions.

(A) Safety and Security. The owner or operator shall prevent the unknowing entry, and minimize the possibility for the unauthorized entry of persons, livestock or wild animals onto any portion of the facility.

(B) Surveillance. The operator shall provide a twenty-four (24) hour surveillance system which continuously monitors and controls entry onto the facility.

(D) Signage. If not inconsistent with the requirements of other laws, signs with the legend “DANGER — HAZARDOUS WASTE AREA — UNAUTHORIZED PERSONNEL KEEP OUT,” shall be posted at each entrance to the facility and at other appropriate locations. The legend shall be written in English and Spanish and shall be legible from a distance of at least twenty-five (25) feet.

(E) Reports. The owner or operator of a facility shall report quarterly to the Public Works Department the amount, type and disposition of all wastes processed by the facility. Included in the report shall be copies of all manifests showing the delivery and types of hazardous wastes and include a map showing the exact location of quantifies and types of materials placed in repositories or otherwise stored or disposed of on-site.

(F) Monitoring. Upon reasonable notice, and for the purpose of ensuring compliance with all standards, conditions and other requirements which the City of Santa Clarita is authorized to enforce under its police power, City officials or their designated representatives may enter the premises on which a hazardous waste facility permit has been granted.

(G) Complaints: Forwarding. The owner or operator of a hazardous waste facility shall immediately send copies of all complaints as to facility operations and copies of all inspection reports made by other local, regional, State or federal agencies to the Director of Community Development.

(H) Emergency Response Plan. An emergency response plan shall be prepared and updated annually, signed by all management personnel and by each person at the facility who has emergency response responsibility, and distributed to all local emergency response agencies, the Director of Transportation and Engineering Services and the Director of Community Development. The emergency response plan and the annual updates shall detail specific procedures to be undertaken in the event of an emergency.

(I) Modifications. Any modifications of the types and quantities of hazardous waste to be managed at the approved site must be approved by the City through an amendment to the Conditional Use Permit before such modifications occur at the facility.

(J) Contingency Operation Plan. Every hazardous waste facility project must have a contingency operation plan approved by the California Department of Health Services (DHS). A copy of the contingency operation plan, including emergency heliport capability if necessary, approved by DHS shall be maintained at the facility. The facility owner or operator shall provide a current copy of the contingency plan to the City Manager, Director of Community Development, Sheriff, the Fire Chief, each hospital within twenty (20) miles and the Los Angeles County Department of Health.

(K) Environmental Monitoring Report. Owners/operators of all facilities shall submit an annual air, soil and groundwater monitoring report to the Director of Community Development.

(L) Release Response Costs. The facility owner/operator shall be responsible for all costs incurred by the City of Santa Clarita and its officers, agents, employees or contractors, or other agencies responding in accordance with mutual aid agreements, for responding to a release of hazardous wastes at or en route to or from the facility.

(M) Extremely Hazardous Wastes. Any storage, treatment, disposal or transportation of “extremely hazardous waste” as defined in Section 25115 of the Health and Safety Code, by the facility owner/operator shall be reported to the Director of Community Development at least forty-eight (48) hours prior to such storage, treatment, disposal, or transportation.

(N) Duration of Land Use Decision. The life of the land use decision shall be determined at the time of approval and shall not exceed ten (10) years. The project proponent shall commence substantial construction of the facility within two (2) years of the land use decision and such construction must be pursued diligently to completion.

(O) Compliance Costs. All costs of compliance with this chapter shall be borne by the facility owner/operator.

(P) Enforcement. The City of Santa Clarita may employ any and all methods permitted by law to enforce this chapter.

G. Joint Living and Working Quarters. The following regulations are established for the conversion of industrial or commercial buildings to joint living and working quarters.

“Joint living and working quarters” shall mean residential occupancy by a family maintaining a common household, or by not more than four (4) unrelated persons, of one or more rooms in a building originally designed for industrial or commercial occupancy which includes:

1. Cooking space and sanitized facilities in conformance with City building standards; and

2. Adequate working space reserved for, and regularly used by, one or more persons residing therein.

The alternative building provisions adopted by the City shall be applicable to such a conversion. Such a conversion to joint living and working quarters shall be available for artists, artisans and similarly situated individuals only pursuant to a valid conditional use permit issued pursuant to Section 17.03.040.

H. Kennels. All new kennels shall conform to the following requirements:

1. All excrement produced by said kenneled animals shall be disposed of on a regular basis so as to control flies and odor;

2. All noise shall be sound attenuated so that the noise level measured at the property line is within the ambient level for the zone in which the site is located;

3. No animal runs, exercise areas or keeping of the kenneled animals shall be located within the required front, street side or side yards of the zone in which the site is located or within one hundred (100) feet of adjoining residences;

4. The minimum lot size shall be two (2) acres in residential and agricultural zones.

I. Satellite Dish Antennas and Solar Panels.

1. Satellite dish antennas shall conform to the following requirements:

a. The height of dish antennas shall be measured from the highest point of the finished grade adjacent to the structure if ground-mounted or from the point of mounting if roof-mounted.

b. All dish antennas shall be treated as accessory structures and shall meet the height and setback requirements of the respective zone.

c. Architectural review shall be required for all dish antennas in excess of six (6) feet in diameter and/or height.

d. In commercial, industrial and business zones dish antennas may be roof-mounted or ground-mounted. In either case, all dish antennas located within these zones, regardless of height or diameter, shall be screened from (i) on-site parking areas, (ii) adjacent public streets and (iii) adjacent residentially zoned property. Roof-mounted dish antennas shall be screened architecturally, while ground-mounted dish antennas shall be screened architecturally or with landscaping.

2. Solar energy systems shall conform to the following requirements:

a. Regulation and permitting of solar energy systems is nondiscretionary and not subject to review based on aesthetic considerations.

b. Review of the application to install a solar energy system shall be limited to the Building Official’s review of whether it meets all health and safety requirements of local, state, and federal law.

c. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety.

d. The City reserves the right to require a use permit if a Building Official of the City has a good-faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety. The type of use permit required is at the discretion of the Director of Community Development.

e. The City shall not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact, meaning a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

f. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact.

g. The decision of the Building Official pursuant to requirement of a use permit or the denial of a use permit may be appealed to the Planning Commission.

h. Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible.

i. A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities.

j. A solar energy system for heating water shall be certified by the Solar Rating Certification Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and installation.

k. A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

J. Self-Storage Facilities.

1. The City’s intent is to limit the visibility of self-storage facilities along primary and secondary thoroughfares.

2. All new self-storage facilities shall conform to the following requirements:

a. Self-storage facilities shall be designed and developed in a manner compatible with and complementary to existing and potential development within the immediate vicinity of the project site.

b. The minimum lot area shall be two (2) acres.

c. Storage facilities shall be entirely enclosed by solid masonry walls, a minimum of six (6) feet in height.

d. Building height shall not exceed two (2) stories and/or twenty (20) feet, unless it is an architectural feature having no storage capacity.

e. Driveways shall have a minimum width of twenty-six (26) feet for the facility entry and fire lanes. Secondary driveways shall have a minimum width of ten (10) feet.

f. Utility services of electrical, water, gas, security alarm and monitoring systems shall be routed underground. Utility equipment, such as transformers, meters, regulators, installed above ground shall be screened from view.

g. Buildings shall be designed, located and/or screened so that views of overhead doors and/or interior driveways within such facilities are not readily visible from adjacent roads.

h. One caretaker’s residence shall be permitted, subject to single-family residential development standards.

i. The applicant shall provide before and after photo simulations of the facility.

j. Extensive landscaping shall be incorporated into the project to screen the facility from public view to the greatest extent possible.

3. Expansion of notification of a self-storage facility existing on the effective date of the ordinance codified in this chapter may be pursued in a manner not in conformity with this chapter subject to the approval or a conditional use permit.

K. Tire Stores. All new tire stores shall conform to the following requirements:

1. All repair activities must be conducted within an enclosed building. All goods and equipment shall be stored, and activities maintained or carried on inside a building. There shall be no hoists or wheel alignment racks outside.

2. Used tires not for sale to the general public shall be stored inside the building or shall be stored outside within a six (6) foot high masonry wall enclosure. No tires or other material shall be stacked higher than the enclosure. The enclosure shall be located in the rear portion of the property.

3. Servicing of trucks equal to or less than one and one-half ton capacity shall be permitted. Servicing of trucks greater than one and one-half ton capacity shall not be permitted.

L. Vehicle Repair Garages. All new vehicle repair garages shall to conform to the following requirements:

1. All activities must be conducted within an enclosed building. All goods and equipment shall be stored and activities maintained or carried on inside a building. There shall be no hoists or wheel alignment racks outside of a building.

2. Work stations used for the repair of vehicles may not be counted toward meeting the off-street parking requirement.

3. Servicing of trucks equal to or less than one and one-half ton capacity shall be permitted. Servicing of trucks greater than one and one-half ton capacity shall not be permitted.

4. All hazardous waste must be stored within an enclosed building or underground tank.

5. Service bays shall not open towards residentially zoned property unless adequately screened to the satisfaction of the Director of Community Development.

6. Each lube station is required to provide a minimum three (3) car stacking area. This stacking area shall be screened from the public right-of-way to the satisfaction of the Director of Community Development.

M. Vehicle, Wholesale and Used Dealerships. All wholesale and used vehicle dealerships shall be constructed and operated in conformance with the following:

1. Dealerships without display areas:

a. That the site be used for office purposes only.

b. That all signage meet the provisions of this title and be approved by the City.

2. Dealerships with display areas:

a. That all signage meet the provisions of this title and be approved by the City.

b. That the auto display area be separated from customer parking.

c. That the required parking, as set forth in this title, be met without including the display area.

N. Wireless Communications Facilities.

1. Purpose. It is the purpose and intent of this section to regulate wireless communication facilities in order to promote the health, safety and general welfare of the citizens of the City and to establish reasonable and uniform regulations to properly review and construct public wireless communications facilities in the City, thereby reducing or eliminating any adverse effects from such facilities. The provisions of the section have neither the purpose nor effect of imposing a limitation or restriction on the activity nor the operation of such facilities. However, regulating the aesthetics of wireless communication facilities is a core objective.

2. Applicability.

a. Notwithstanding the other provisions of this section, the following uses shall be exempt from the provisions of this section until such time as federal regulations are repealed or amended to eliminate the necessity of the exemption:

(1) Any antenna structure that is one meter (39.37 inches) or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, as defined by Section 207 of the Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations, and any interpretive decisions thereof issued by the Federal Communications Commission; and

(2) Any antenna structure that is two (2) meters (78.74 inches) or less in diameter, is designed to transmit or receive radio communication by satellite antenna, and is located in commercial or industrial zones within the City; and

(3) Any antenna structure that is one meter (39.37 inches) or less in diameter or diagonal measurement and is designed to receive multipoint distribution service, as defined by Section 207 of the Telecommunications Act of 1996 and Section 1.400 of Title 47 of the Code of Federal Regulations; provided, that no part of the antenna structure extends more than twelve (12) feet above the principal building on the same lot.

b. The following uses shall be exempt from the provisions of this section at all times:

(1) Any antenna structure that is designed to receive over-the-air UHF and/or VHF television broadcast transmission.

(2) Any antenna structure that is designed to receive over-the-air AM and/or FM radio broadcast transmission.

(3) Any antenna structure that is used by authorized amateur radio stations licensed by the Federal Communications Commission.

3. Development Standards. All wireless communication facilities which are installed, erected, or modified following the effective date of the ordinance codified in this section (besides those exempted in subsection (N)(2) of this section) shall conform to the following requirements:

a. All facilities shall be screened from public view by landscaping to the extent possible.

b. Public wireless communications facilities shall be located where the existing topography, vegetation, building, or other structures provide the greatest amount of screening.

c. All building and roof-mounted wireless telecommunications facilities and antennas shall be designed to appear as an integral part of the structure and located to minimize visual impacts.

d. All antennas and support structures shall be painted and/or textured to achieve architectural compatibility with the structures for which they are attached and/or located. If ground-mounted, the antenna and support structure shall be painted, textured, landscaped or otherwise camouflaged as much as possible to integrate the structure into the environment.

e. As part of the application process, applicants for public wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort to locate facilities in accordance with the development guidelines (subsection (N)(3)(q) of this section).

f. Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage.

g. All accessory equipment associated with the operation of the public wireless communication facility shall be located within a building, enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located. If the equipment is to be located above ground, it shall be visually compatible with the surrounding buildings and include sufficient landscaping to screen the structure from view. Within residential zones, sound proofing measures shall be used to reduce noise caused by the operation of wireless facilities and all accessory equipment to a level which would have a no-net increase in ambient noise level.

h. Wireless communication facilities shall have subdued colors and nonreflective materials which blend with surrounding materials and colors.

i. All screening for building-mounted facilities shall be compatible with the existing architecture, color, texture and/or materials of the building.

j. All electrical support equipment located within cabinets, shelters or similar structures shall be screened from public view with lattice, vegetation, grading or other appropriate screening. Roof-mounted electrical support equipment shall be concealed.

k. No permittee shall unreasonably restrict access to an existing antenna location if required to co-locate by the City, and if feasible to do so.

l. Antennas shall be located on existing utility poles provided the antennas do not exceed the height of the utility pole.

m. All antennas shall be designed to prevent unauthorized climbing.

n. The placement of new antennas and facilities shall not be physically obstructive or visually intrusive.

o. All ground-mounted facilities shall be designed to be consistent with the design, color and environmental aesthetics in the area where they are located to mitigate visual impacts.

p. All antennas shall meet the minimum siting distances to habitable structures required for compliance with Federal Communications Commission (FCC) regulations and standards governing the environmental effects of radio frequency emissions.

q. Public wireless communication facilities should conform to the following development guidelines unless the City determines, in its discretion, that sufficient justification exists to the contrary:

(1) Co-located with other public wireless communication facilities;

(2) On existing structures such as buildings, communication towers, church steeples and utility facilities;

(3) Stealth facilities, flush-mounted and concealed antennas should be used whenever possible;

(4) In industrial/business park zoning districts;

(5) In commercial zoning districts;

(6) No antenna or facility should be located within five hundred (500) feet from a lot containing a residential structure or a lot zoned for residential use unless a conditional use permit is approved;

(7) Ground-mounted facilities should be located only in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or undergrounding in the next eighteen (18) months), light poles, trees of comparable heights, water tanks and in areas where they will not detract from the image of the City;

(8) Major public wireless communication facilities are encouraged to locate beyond five hundred (500) feet of any existing, legally established major public or private wireless communication facility except when co-located on the same building or structure;

(9) Applicants proposing new wireless telecommunication facilities must demonstrate that reasonable efforts have been made to locate on existing facilities. The applicant must provide written documentation of all efforts to co-locate the proposed facility on an existing facility, or antenna-mounting structure, including copies of letters or other correspondence sent to other carriers or tower owners requesting such location and any responses received. This should include information on lack of existing towers in the area, topography, frequency or signal interference, line of site problems and available land zoning restrictions as applicable;

(10) All new wireless communication facilities shall be designed to accommodate co-location, when feasible.

(A) Co-location shall occur in a competitively neutral and nondiscriminatory manner.

(B) No more than three (3) wireless communication facilities may co-locate at a single site unless the Director finds:

(I) The net visual effect of locating an additional facility at a co-location site will be less than establishing a new location; or

(II) Based on evidence submitted by the applicant, there is no available feasible alternate location for a proposed new facility;

(11) In order to encourage co-location of wireless telecommunication facilities and maintain community aesthetics, applicants for conditional use permit or install a tower or antenna mounting structure at the time of original application submittal, may request subsequent applicants to be co-located on the same facility. Should the applicant make such a request, the following shall be provided:

(A) Documentation identifying the total capacity of the structure, including the number and type of antennas that can be accommodated over the life of the project,

(B) Written statement of willingness to lease space on proposed support structure to other uses,

(C) Reciprocal access agreement for accessory facilities, including but not limited to, poles towers, parking areas, access roads, utilities and equipment buildings.

Upon approval of a conditional use permit by the Planning Commission, The Director of Community Development Department may approve a subsequent request to co-locate on the same facility as a minor use permit where no increase in height is proposed. Unless the facility is located in a residential zone or within five hundred (500) feet of a lot containing a residential structure or use, which shall require a conditional use permit;

(12) Facilities that mimic building architecture (church steeples, clock towers, tented windows, building treatments) in its immediate vicinity are encouraged;

(13) Monopoles, monopalms, monopines and similar facilities are discouraged.

4. Abandonment. Lawfully erected public wireless communication facilities that are no longer being used shall be removed from the premises no later than ninety (90) days after the discontinuation of use. A public wireless communication facility is considered abandoned if it no longer provides wireless communication service. Such removal shall be in accordance with proper health and safety requirements.

a. A written notice of the determination of abandonment shall be sent or delivered to the operator of the public wireless communication facility. The operator shall have thirty (30) days, from the date of the notice, to remove the facility or provide the Director of Community Development with evidence that the use has not been discontinued.

b. All facilities determined to be abandoned and not removed within the required thirty (30) day period from the date of notice shall be in violation of the City of Santa Clarita’s unified development code, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of the City of Santa Clarita’s unified development code.

5. Additional Submittal Requirements.

a. As part of the application process, applicants for wireless communication facilities shall be required to provide a master plan that identifies the location of the proposed facility and all existing and potential facilities maintained by the applicant within the City of Santa Clarita.

(1) The master plan shall reflect all potential locations that are anticipated for system build-out with a minimum of one year with application submittal.

(2) Applicants shall update master plans with every application while wireless telecommunications facilities are owned or operated within the City of Santa Clarita.

b. Under the California Environmental Quality Act, to determine cumulative environmental impacts, the applicant shall submit an annual report which provides cumulative field measurements of radio frequency (EMF) power densities on all of their antennas owned or maintained within the City of Santa Clarita. The report shall quantify the EMF emissions and compare the results with the current applicable Federal Communications Commissions regulations and standards. The applicant shall ensure continuous compliance with federal and State requirements regarding EMF emissions.

O. Lock Boxes. When access to or within a subdivision is restricted because of secured openings or where immediate access is necessary for life saving or fire fighting purposes, a lock box shall be installed in an accessible location. The lock box shall be of an approved type and shall contain keys to gain necessary access as determined by the Fire Department.

P. Gating of Roadways. All proposed permanent gates in residential areas shall be subject to the following requirements. Temporary barriers erected for emergency response, repair or special event purposes are not subject to these requirements. Driveways are considered roadways for the purpose of these gating requirements.

1. Public Roadways. Gating of public roadways is prohibited.

2. Private Roadways Serving One Single-Family Residence. Gating for this use is permitted subject to the consideration of the effect on regional housing opportunities.

3. Private Roadways Serving Two (2) to Five (5) Single-Family Residential Units. Gating for these uses is subject to a minor use permit.

4. Private Roadways Serving Fifteen (15) Multifamily Units or Less. Gating for these uses is subject to a minor use permit and shall be consistent with the General Plan including the Land Use and Circulation Elements.

5. Private Roadways Serving More Than Five (5) Single-Family Units or More Than Fifteen (15) Multifamily Units. Gating for these uses is subject to a conditional use permit and the following criteria:

a. The gate shall not block area-wide through routes or block access for roadways to serve future development.

b. All property owners within the area to be gated shall agree to be part of the application unless all property owners within the area to be gated are members of an operative homeowners’ association (HOA), in which case the application shall be made by the HOA.

c. Adequate stacking distance, turnaround areas, public safety elements and signing shall be included in the gate design. All gates shall meet fire department requirements and provide passage with unobstructed vertical clearance.

d. Access shall be provided at all times for police, fire, city inspection, dial-a-ride, utility and other health and safety-related vehicles.

e. A homeowners’ association and/or other appropriate entity shall provide for ongoing, private maintenance of internal streets, gate equipment, walls and landscaping. No public resources shall be allocated for maintaining private property.

f. The gate design and implementation shall be such that it does not pose a threat to public health, safety or welfare.

g. Where the gate is to serve only single-family residences, the effect on regional housing opportunities shall be considered.

6. Gates Serving Single-Family Residence(s). In no instance shall a gate be less than twenty (20) feet from the public right-of-way for major and secondary highways and residential collectors.

7. Where commercial property may be affected by a proposed gate subject to a minor use permit or a conditional use permit, the applicant(s) shall submit an economic analysis as part of the application submittal to address the economic impacts of the gate upon affected commercial properties.

Q. Long-Term Vendors. All new long-term vendors shall be required to obtain approval of a minor use permit. The Director of Community Development may impose conditions of approval and shall not approve an application for a minor use permit unless the information submitted by the applicant substantiates each of the following requirements:

1. If selling food, the applicant shall obtain a Los Angeles County health permit.

2. A maximum of one long-term vendor is permitted per shopping center containing a minimum of three (3) acres and five hundred (500) feet of street frontage.

3. No long-term vendor shall be located closer than three hundred (300) feet from any public right-of-way.

4. Long-term vendors shall only be permitted in front of anchor tenants of the shopping center in which it operates, as determined by the Director of Community Development.

5. Long-term vendors shall not be located further than ten (10) feet from the storefront facade of the anchor tenant.

6. At the minimum, long-term vendors shall provide a five (5) gallon trash can.

7. All equipment used for operating shall be completely removed from the premises daily. No permanent structures are permitted.

8. Notwithstanding the provisions of Section 17.19.080 of the unified development code, no temporary or permanent signage is permitted.

9. Long-term vendors shall not be placed in fire lanes, parking spaces, required setbacks or interfere with the circulation of shopping center in which it is located.

R. Holiday Sales.

1. Holiday sales operations, as defined in Chapter 17.07, shall comply with all provisions of this unified development code as well as the following:

2. Hours of operation shall be limited to eight a.m. to ten p.m., unless modified by the Director.

3. Operators shall obtain all applicable permits. This includes, but is not limited to, all City departments such as Building and Safety; and all other governing agencies such as Los Angeles County Fire, Health and Safety and Business Licensing Departments,

4. Operation shall comply with the City’s noise ordinance,

5. Operator shall remove all debris within fifteen (15) days after the end of the holiday,

6. All waste shall be disposed of in a City-approved manner,

7. No permanent signage shall be approved, constructed or installed,

8. All temporary lighting shall be directed downwards and away from neighboring properties,

9. No permanent structures shall be erected as part of a holiday sales operation.

S. Small Wind Energy Systems. All small wind energy systems shall conform to the following requirements:

1. Small wind energy systems shall not be permitted on parcels of less than one (1) acre in size.

2. Tower heights of not more than sixty-five (65) feet shall be allowed on parcels between one (1) and five (5) acres and tower heights of not more than eighty (80) feet shall be allowed on parcels of five (5) acres or more; provided, that the application includes evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.

3. System towers must be set back from the property line equal to the height of the proposed system tower; provided, that it also complies with any applicable fire setback requirements.

4. Decibel levels for the system shall not exceed the noise standards of the municipal code.

5. The system’s turbine must have been approved by the California Energy Commission as qualifying under the Emerging Renewables Fund of the Commission’s Renewables Investment Plan or certified by a national program recognized and approved by the Energy Commission.

T. Homeless Shelters. All facilities which provide housing on a not-for-profit basis, including emergency shelters on a short-term basis or temporary transitional basis (up to and not exceeding six (6) months) until permanent housing is found. These facilities generally provide referrals to other agencies, meals, counseling and advocacy.

1. The homeless shelters shall maintain a maximum occupancy not to exceed sixty (60) individuals.

2. Homeless shelters shall provide on-site waiting and intake areas screened from public view.

3. The homeless shelter shall provide on-site management with security during operational hours only.

4. Parking areas shall be paved.

5. The homeless shelter shall be well lit during operational hours.

6. Homeless shelters shall be allowed to have intake between the hours of five p.m. to eight p.m. or at dusk, whichever is sooner, and may discharge patrons from eight a.m. to ten a.m.

7. Homeless shelters shall abide by all applicable development standards as set forth in this code. (Ord. 96-14 § 2, 9/24/96; Ord. 99-6, 6/22/99; Ord. 00-3, 2/8/00; Ord. 01-5, 2/27/01; Ord. 02-5, 4/23/02; Ord. 03-1, 2/25/03; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05; Ord. 07-1 § 2, 1/23/07; Ord. 08-13 § 2, 8/26/08; Ord. 09-3 § 2 (Exh. A), 4/28/09)

17.17.050 Adult Business Regulations.

A. Purpose. It is the purpose and intent of this section to regulate adult businesses in order to promote the health, safety, morals and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult businesses within the City, thereby reducing or eliminating the adverse secondary effects from such adult businesses. The provisions of the section have neither the purpose nor effect of imposing a limitation or restriction on the content of any communication materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of the section to condone or legitimize the distribution of obscene material or material harmful to minors.

B. Applicability.

1. Adult businesses shall only be permitted to be operate in the Community Commercial (CC) zone, Industrial Commercial (IC) zone, or Business Park (BP) zone, and shall be subject to all the regulations and provisions in this code. The provisions of adult businesses shall be applied to the following:

a. Adult motion picture arcade;

b. Adult bookstore;

c. Adult novelty store;

d. Figure modeling studio;

e. Adult cabaret;

f. Adult motel;

g. Adult tanning salon;

h. Adult motion picture theater;

i. Sexual encounter establishment;

j. Escort agency;

k. Semi-nude model studio;

l. Juice bar.

C. Pre-Existing Legal Use.

1. All design and performance standards set forth in subsection (I) of this section and locational and distance requirements set forth in subsection (D) of this section are deemed to be necessary for the protection of the public health, safety and welfare and shall be applicable and govern all existing and proposed adult businesses and shall immediately apply to any proposed adult business upon adoption and passage of the ordinance codified in this section.

2. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this section that is not in compliance with the design and performance standards of subsection (I) of this section, any such adult business shall be considered a legal nonconforming use and shall conform to all design and performance standards within two (2) years of the effective date of said ordinance.

3. In the event that there is any adult business lawfully in existence prior to the adoption of the ordinance codified in this section that is not in compliance with the locational and distance requirements of subsection (D) of this section, any such adult business shall be considered a legal nonconforming use and shall conform to all standards within five (5) years of the effective date of said ordinance.

4. Any adult business which was a legal use at the time of annexation of the property into the City but which is a nonconforming use after annexation shall be subject to the same time requirements as indicated in subsections (C)(2) and (3) of this section, starting from the date of annexation.

5. Any discontinuance or abandonment of the use of any lot or structure as an adult business shall result in a loss of legal nonconforming status. Any nonconforming use lawfully in existence prior to the adoption of the ordinance codified in this section may be continued, except as provided in this sec-

tion; provided, that the use shall not be increased, enlarged, extended, or altered. Upon the conclusion of the amortization period, any adult business which is a nonconforming use shall cease all business operations and all signs, advertising and displays relating to said business shall be removed within thirty (30) days.

6. An application for extension of the amortization period for an adult business which is a nonconforming use shall be made as provided herein.

a. The owner of the property on which an adult business is located or the owner of the adult business who desires to extend the applicable amortization period must apply for approval of an extension not later than six (6) months prior to expiration of the amortization period, unless the City Manager or his designee determines that good cause is shown for late filing of the application. Such application shall be made in writing on a form as prescribed by the City and shall be accompanied by the required fee as established by resolution of the City Council. The party requesting the extension of the amortization period shall bear the burden of proof in establishing that the amortization period is unreasonable and that the requested extension is a reasonable amortization period for the owner to receive a fair rate of return on the investment in the business. The party applying for the extension shall furthermore be required in order to meet its burden of proof to submit the documentation set forth in this section.

b. Not later than thirty (30) days after submittal of an application to extend the amortization period, the City Manager or his designee shall notify the applicant, in writing, if the application is not complete. A complete application shall include:

(1) The applicant’s signature;

(2) A written request for an extension of the amortization period which shall include information relevant to the factors listed in subsection (C)(8) of this section below and shall identify the term of the requested extension;

(3) The required fees;

(4) A mailing list and a set of gummed labels attached to envelopes with first-class postage fully paid thereon with the names, addresses and tax assessor’s parcel numbers of all owners of real property within a radius of three hundred (300) feet from the external boundaries of the property on which the adult business is located; and

(5) A tax assessor’s parcel map identifying the properties to be notified within the three hundred (300) foot radius.

If the application is not complete, the City Manager shall specify in writing those parts which are incomplete and shall identify the manner by which the application can be made complete. If a written determination is not provided to the applicant within (30) calendar days after it is submitted, the application shall be deemed complete.

7. The Planning Commission shall hold a noticed public hearing on the request for an extension.

8. Criteria and Findings. In determining whether to grant an extension of the amortization period for an adult-oriented business which is a nonconforming use, and in determining the appropriate length of such an extension, the Planning Commission shall consider the amount of investment in the business, the opportunities for relocation to a legally permissible site, the costs of relocation, the effects of the business on the surrounding area and the following additional factors:

a. The present actual and depreciated value of business improvements;

b. The applicable Internal Revenue Service depreciation schedule or functional nonconfidential equivalents;

c. The remaining useful life of the business improvements;

d. The remaining lease term;

e. The ability of the business and/or land owner to change the use to a conforming use; and

f. The date upon which the property owner and/or business operator received notice of the nonconforming status of the adult business and the amortization requirements.

9. The Planning Commission, or the City Council on appeal, shall receive and consider evidence presented by the applicant and any other persons, and shall make findings that the amortization period it establishes is reasonable in view of the evidence and the criteria set forth above.

10. An adult business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of an adult business use permit and/or an adult business license, of a church, school, public park, public building, residential zone, or residential lot within one thousand (1,000) feet of the adult business. This provision applies only to the renewal of a valid permit and license and does not apply when an application for a permit and license is submitted after a permit and license has expired or has been revoked.

D. Locational and Distance Requirements.

1. No person shall cause or permit the operation of any adult business within one thousand (1,000) feet of another adult business, within one thousand (1,000) feet of any religious institution, school, public park, public building, or within one thousand (1,000) feet of any property zoned or approved for residential use or used for residential purposes.

2. Distance between any two (2) adult businesses shall be measured in a straight line, without regard to intervening structures, from the nearest property line to the nearest property line of each business. The distance between any adult business and any religious institution, school, public park, public building or any properties zoned for residential use or used for residential purposes shall also be measured in a straight line, without regard to intervening structures or objects from the nearest property line of the premises where the adult business is conducted, to the nearest property line of the premises of a religious institution, school or public park or public building or the nearest boundary of an affected residential zone or residential lot.

E. Adult Business Use Permit Application.

1. In order to operate an adult business within the City, the applicant or proprietor of the business must obtain the adult business license required by this section and an adult business use permit as required herein. It shall be unlawful and a misdemeanor, subject to punishment in accordance with this section, for an owner, operator, manager, employee, or independent contractor to operate an adult business without possessing an adult business use permit required by this code. In order for the application to be deemed or determined complete, the applicant shall pay the filing fee for an adult business use permit. All applicants for such a permit, in addition to any application or documents required to be filed pursuant to the provisions of this section, shall file a written, signed and verified application on a form provided by the Community Development Department. The completed application shall contain the following information and shall be accompanied by the following documents:

a. If the applicant is:

(1) An individual, the individual shall state his/her legal name and any aliases and submit satisfactory proof that he/she is eighteen (18) years of age.

(2) A partnership, the partnership shall state its complete name and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any.

(3) A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacity of all officers, directors and principal stockholders and the name of the registered corporate agent and the address of the registered office for service of process.

b. The applicant’s mailing addresses and residential address.

c. Location and address including legal description of the proposed adult business.

d. A recent photograph of the applicant(s).

e. The applicant’s driver’s license number, social security number and/or his/her State or federally issued tax identification number.

f. Ten (10) legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies (using an engineer’s scale of one inch equals twenty (20) feet) of the floor plan showing the configuration of the premises, including a statement of total floor space occupied by the business.

g. Twenty (20) straight-line, legible blueline (folded to approximately eight (8) inches by twelve (12) inches) copies of the site plan prepared within thirty (30) days prior to application by a California registered land surveyor depicting the property lines and the structures containing any established existing uses regulated by this section within one thousand (1,000) feet of the property to be certified; the property lines of any established religious institution, school, or public park or recreation area within one thousand (1,000) feet of the property to be certified; and the property lines of any residentially zoned area or residential property within one thousand (1,000) feet of the property to be certified. For purposes of this subsection, a use shall be considered existing or established if it is in existence at the time an application is submitted.

h. Two (2) copies of each of the following:

(1) Land use map (one thousand (1,000) foot radius).

(A) Draw at a scale of one (1) inch to one hundred (100) feet;

(B) Indicate the applicant’s property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alley, rights-of-way, current lot lines; and all tract lot and house numbers;

(C) Indicate existing uses (house, apartment, store, vacant, etc.) on all lots, parcels and portions thereof within the radius; and

(D) Distinguish the applicant’s property from surrounding property.

(2) Property ownership map (one thousand (1,000) foot radius).

(A) Draw at a scale of one inch to two hundred (200) feet;

(B) Indicate the applicant’s property (with dimension); all surrounding property within the radius (measured from the exterior boundaries of the subject property); all streets, highways, alleys, rights-of-way, current lot lines; and all tract lot and house numbers;

(C) Indicate ownership of property within the radius (number lots to correspond to the property owners list described below); and

(D) Distinguish the applicant’s property from surrounding property.

(3) Property proximity map (eight and one-half (8.5) inches by eleven (11) inches) indicating surrounding property within a radius of three hundred (300) feet and two thousand five hundred (2,500) feet from the exterior boundaries of the subject property.

i. Prepare a complete list of names and mailing addresses of the current owners of each parcel or lot within, or partially within, a one thousand (1,000) foot radius of the subject property. This information must be as it appears on the latest available assessment roll of the L.A. County Assessor, and shall be certified as true and correct. Each name shall be assigned a number on the list indicating corresponding numbers on the parcels or lots on the ownership map. In addition a certified property owners list affidavit shall be submitted to verify completeness and accuracy of the names and addresses. An inaccurate or incomplete list shall constitute cause for removal of the case from the agenda or necessitate a rehearing of the case after proper noticing of affected property owners.

j. One complete set of mailing labels for all of the property owners within a one thousand (1,000) foot radius of the exterior boundaries of the subject property, including the following:

(1) Name and address of the property owner(s);

(2) Name and address of the manager of any mobilehome park, or portion thereof, within a one thousand (1,000) foot radius of the property. Such label shall include the letters “MHP” apart from the address so that such notices contain a request to post the notice in a public area or within the park; and

(3) One set of blank envelopes, with the correct amount of postage on each envelope, sufficient to complete one mailing of notices. Notices will be mailed by the Community Development Department.

k. A detailed description of the manner of providing proposed entertainment, including type of entertainment and the number of persons engaged in the entertainment.

l. Proposed hours of operation.

m. The name or names of the person or persons having responsibility for the management or supervision of the applicant’s business and of any entertainment.

n. Whether the applicant or any other individual listed pursuant to this section holds any other permits and/or licenses under this section or other similar adult business ordinance from another city or county and, if so, the names and locations of such other permitted businesses.

o. Whether the applicant or any of the other individuals listed pursuant to this section has had a previous permit under this section or other similar ordinances from another city or county denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked, as well as the date of the denial, suspension or revocation, and whether the applicant or any other individuals listed pursuant to this section has been a partner in a partnership or an officer, director or principal stockholder of a corporation that is permitted under this section whose permit has previously been denied, suspended or revoked, including the name and location of the adult business for which the permit was denied, suspended or revoked as well as the date of denial, suspension or revocation.

p. Whether the applicant or any of the other individuals listed on the application has within the last five (5) years, immediately preceding the date of the application, been convicted of a specified criminal act or tax violation, and, if so, the specified criminal act or tax violation involved, the date of conviction and the place of conviction.

q. The applicant shall be required to pay a nonrefundable application fee as specified in the schedule of fees at the time of filing an application under this section.

r. One official set of the applicant(s) fingerprints (obtained from Los Angeles County Sheriff’s office). The Community Development Department shall submit/send the fingerprints to the State Department of Justice for a Criminal History Background Check within seventy-two (72) hours of receiving the fingerprints from the applicant(s). The application shall not be deemed complete until the City has received fingerprints from the applicant. If the City does not receive the background check from the Justice Department within sixty (60) days, this requirement will be waived, but does not exempt the applicant from subsequent revocation or suspension if all requirements are not met.

s. The applicant shall be required to display an on-site sign containing information about the proposed project and the public hearing. Density requirements can be obtained in the Community Development Department. The on-site sign must be posted twenty-one (21) days prior to the public hearing.

2. Applicants for a permit under this section shall have a continuing duty to promptly supplement application information required by this section in the event that said information changes in any way from what is stated on the application. The failure to comply with said continuing duty within thirty (30) days from the date of such change, by supplementing the application on file with the Director of Community Development shall be grounds for suspension of a permit.

3. In the event that the Director of Community Development determines or learns at any time that the applicant has improperly completed the application for a proposed adult business, he shall notify the applicant of such fact within thirty (30) days and allow the applicant ten (10) days to properly complete the application. (The time period for granting or denying a permit shall be stayed during the period in which the applicant is allowed an opportunity to properly complete the application.)

4. Prior to obtaining any permit to operate any adult business defined in this section, and as part of any application for a permit under this section, the applicant shall obtain from the Community Development Department a written letter signed by the Director of Community Development that the proposed location of such business complies with the locational requirements of this section.

5. By applying for a permit under this section, the applicant shall be deemed to have consented to the provisions of this section of the unified development code, and to the Los Angeles County Sheriff’s office and all other City agencies charged with enforcing the laws, ordinances and code applicable in the City of their respective responsibilities.

6. The applicant(s) shall receive a dated, signed and written letter from the Director of Community Development when the application is deemed complete.

F. Timeline for Land Use Review and Decisions Concerning Adult Business Use Permit.

1. The Planning Commission shall approve or disapprove the completed adult business use permit application within sixty (60) days of its acceptance as complete by the Director of Community Development, unless extended upon the written consent of the Director of Community Development and the applicant.

2. Within sixty (60) days of receipt of the completed application by the Director of Community Development, the Planning Commission shall conduct a noticed hearing on the application for an adult business use permit and shall approve the application if the application meets the requirements of this code and shall deny the application if any of the findings set forth in this code cannot be fulfilled. The Planning Commission shall issue its decision during the public hearing. If the Planning Commission fails to approve or deny the application within the sixty (60) days, or any extension thereof, of the receipt of the completed application, the application shall be deemed approved by the Planning Commission entitling the applicant to engage in the proposed use, subject to the remaining provisions of this code.

3. In the event the information requested pursuant to the unified development code is not available prior to the granting of the permit, the Planning Commission shall, if the application otherwise meets the requirements of this code, issue the permit. Should information later obtained pursuant to this code materially vary from that contained in the application, such variance shall be cause to revoke the permit. Any permit issued prior to the City receiving the information required shall state clearly on its face that the adult business use permit is subject to suspension or revocation pursuant to the provisions of this code and all other applicable laws and ordinances, including revocation and suspension provisions hereof.

G. Planning Commission Findings Requiring Application Approval.

1. The Planning Commission, or City Council on appeal, shall approve the application for an adult business use permit unless it is unable to make one or more of the following findings:

a. That all applicable fees have been paid.

b. That the applicant or the applicant’s spouse is not overdue in payment to the City of any fees, fines or penalties assessed against or imposed in relation to an existing or former adult business.

c. That the building, structure, equipment and location used by the business for which an adult business use permit is required complies with the requirements and standards of the health, building, zoning, fire and safety laws of the State of California, the Los Angeles County Fire Department and the City of Santa Clarita.

d. That the conduct of the adult business as proposed by the applicant, if permitted, will comply with all applicable laws, including, but not limited to, the City’s building, zoning, fire and health and safety regulations.

e. That the applicant is eighteen (18) years of age or older.

f. That the use is permitted in the zone, district, or area in which it is proposed to be located and is in conformity with the applicable development standards of that zone, district or area, including the provision of required parking.

g. That the use is in conformity with the locational criteria set forth in this code.

h. That the design of the site and the proposed improvements are in compliance with all applicable design provisions of this code.

i. That the proposed conduct of the adult business is in compliance with all applicable performance standards of this code.

j. That the applicant, partnership, or corporation has not knowingly made any false, misleading or fraudulent statement of material fact in the application for an adult business use permit, or in any report or record required to be filed with the City or County.

k. That on the date that the business for which a permit is required herein commences, or thereafter, there will be a responsible person on the premises to act as manager at all times during which the adult business is open.

l. That an applicant has not been convicted of a specified criminal act for which:

(1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a misdemeanor offense for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display or sale of material harmful to minors; prostitution; or pandering.

(2) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the conviction is of a felony offense; for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; or pandering.

(3) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement, whichever is the later date, if the convictions are of two (2) or more misdemeanors for the specified criminal acts which are sexual crimes against children; sexual abuse; rape; or crimes connected with another adult business including, but not limited to, distribution of obscenity; distribution, display, or sale of material harmful to minors; prostitution; pandering; or conviction of any such offense occurring within twenty-four (24) months prior to application.

(4) The fact that a conviction is being appealed shall have no effect on disqualification of the applicant.

(5) An applicant who has been convicted of any of the above described specified criminal acts may qualify to own, operate or manage an adult business only when the required time period has elapsed.

2. In the event the Planning Commission, or the City Council on appeal, denies an adult business use permit application, the business, if operating, shall cease its operations as an adult business use permit and no further activities regulated by this code shall be conducted on the premises unless and until an adult business use permit and a required adult business license is obtained.

H. Appeals to the City Council. If an adult business use permit is denied by the Planning Commission, the applicant shall have fifteen (15) days from the date of the hearing in which to appeal the decision to the City Council. An appeal shall be requested by a typed letter and required appeal fee to the Community Development Department. If appealed, notice of the hearing before the City Council shall be mailed (envelopes, stamps, mailing labels of all property owners within a one thousand (1,000) foot radius of the subject property shall be supplied by the applicant) and published in the City’s official newspaper and the hearing shall be held at the earliest possible date authorized by law, but in no event later than sixty (60) days from the date of the Planning Commission’s action to deny the application. The City Council shall act on the appeal during the City Council public hearing. If the City Council does not act on the appeal within the sixty (60) days, the application shall be deemed approved and the applicant shall be entitled to engage in the proposed use subject to the remaining provisions of the unified development code and all other applicable laws and City ordinances or regulations.

I. Performance/Development Standards. The establishment of an adult business shall comply with the applicable site development standards of the unified development code including the following:

1. The building entrance shall be clearly and legibly posted with a notice indicating that minors are precluded from entering the premises.

2. A manager shall be on-duty at all times during operating hours.

3. No exterior doors or windows on the premises shall be open at any time and any exterior windows shall be covered with opaque covering.

4. If the adult business is the sole use on the lot no landscaping shall exceed thirty (30) inches in height, except trees with foliage not less than six (6) feet above the ground.

5. The exterior grounds, including the parking lot, shall be sufficiently lighted to the satisfaction of the Director of Community Development during all hours of operation to allow all areas to be visible at all times. In addition all exterior lighting shall remain on for at least thirty (30) minutes after the closing time of the adult business to promote safety for employees thereof. All exterior grounds shall be maintained in a clean and orderly manner free of trash, debris and weeds.

6. No advertising sign, billboard, or structure, advertisement, display, or other promotional material depicting specified anatomical areas or specified sexual activities or displaying instruments, devices, or paraphernalia designed for use in connection with specified sexual activities, shall be shown or exhibited so as to be visible from any exterior area.

7. No special events, promotions, concerts, or similar activities which are likely to increase parking demand shall be permitted.

8. All areas of the adult business shall be illuminated at a minimum of the following footcandles, normally maintained and evenly distributed at ground level:


Area	Footcandles
Adult bookstores	20
Adult theaters and cabarets	5 (except during performances, at which times lighting shall be at least 1.25 footcandles)
Adult arcades	10
Adult motels/hotels	20 (in public areas)
Modeling studios	20
Other adult businesses	20

9. The adult business use permit and adult business license required by this section shall be posted at the front interior entrance and shall be kept valid/current at all times.

10. The proposed site is adequate in size and shape to accommodate the required yards, fences, walls, parking and loading facilities, landscaping and other development features prescribed within the unified development code.

11. No partitions between subdivisions of a room, portion or part of a building, structure or premises, including restrooms, may have an aperture, hole, slit or other opening or gap which is designed or otherwise constructed to encourage, permit or allow sexual activity between persons on either side of the partition.

12. The maximum occupancy load, fire exits, fire lanes and fire suppression equipment shall be regulated, designed and provided in accordance with the regulations and standards of the Los Angeles County Fire Department and the City’s Community Development Department.

13. Any adult business in which live entertainment is performed shall have such performances only conducted on a stage or on a platform that is raised eighteen (18) inches and which has a rail which does not allow patrons to be any closer to the performers than six (6) feet. Said rail shall be at least forty-two (42) inches in height and shall be installed around the perimeter of the stage or platform.

14. Any viewing room shall be directly visible from the manager’s station of the adult business, and visibility of the entire viewing room from the manager’s station shall be neither obscured nor obstructed by any curtain, door, wall or other structure.

15. No adult business, excepting an adult motel, shall operate between the hours of eleven p.m. and ten a.m. No owner, operator, manager, employee or independent contractor of an adult business, except an adult motel, regardless of whether or not a permit has been issued for said business under the provisions of this code, shall allow such business to remain open for business, or no owner, operator, manager or employee of an adult business shall permit any employee or independent contractor to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service between the hours of eleven p.m. and ten a.m.

16. Off-street parking shall be provided for the adult business on-site and as specified in the unified development code and as follows:

Adult Theater, Adult Cabaret, Adult Motion Theater or Adult Arcade. One parking space shall be provided for every two (2) seats in a viewing room, or one parking space shall be provided for every two (2) occupants per the allowable occupant load as established by the City’s Building Official and/or Fire Marshal, whichever standard is greater. In addition, one parking space shall be provided for each employee or independent contractor on the maximum shift.

17. Any person who operates or causes to be operated an adult business, other than an adult motel, which exhibits on the premises in a private viewing area or individual viewing area of less than one hundred fifty (150) square feet of floor space, a film, video cassette or other video reproduction which depicts specified sexual activities or specified anatomical areas, shall comply with the following requirements:

a. Upon application for an adult business use permit, the application shall be accompanied by a diagram of the premises showing a plan thereof specifying the location of one or more manager’s stations, the location of all overhead lighting fixtures, and designating any portion of the premises in which patrons shall not be permitted. A manager’s station(s) shall not exceed thirty-two (32) feet of floor area.

b. No alteration in the configuration or location of a manager’s station shall be made without the prior written approval of the Director of Community Development.

c. It is the duty of the permit holder to ensure that at least one employee is on duty and situated at each manager’s station at all times that any patron is present inside the premises.

d. The interior of the premises shall be configured in such a manner that there is an unobstructed view from a manager’s station of every area of the premises to which any patron is permitted access for any purpose, excluding restrooms. Restrooms shall not contain video reproduction and/or monitoring equipment. If the premises has two (2) or more manager’s stations designed, then the interior of the premises shall be configured in such a manner that there is an unobstructed view of each area of the premises to which any patron is permitted access for any purpose from at least one of the manager’s stations. The view required in this subsection shall be by direct line of sight from the manager’s station.

e. It shall be the duty of the permit holder and any employees or independent contractors present on the premises to ensure that the view area specified in subsection (I)(17)(d) of this section remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times and to ensure that no patron is permitted access to any area of the premises which has been designed as an area in which patrons shall not be permitted in the application filed pursuant to this section.

18. For adult businesses which exceed an occupant load of one hundred twenty-five (125) persons or five thousand (5,000) square feet, the provision of on-site security personnel shall be required during all business hours pursuant to a plan to be reviewed and approved for adequacy by the Planning Commission and designated head of the law enforcement entity providing law enforcement services to the City. Security personnel shall be licensed in accordance with the California Business and Professions Code, to the satisfaction of the designated head of the entity providing law enforcement services to the City.

19. Adult Motion Picture Theater/Adult Arcade.

a. A manager’s station shall be located near the main entrance and the station shall be provided with an unobstructed view of all motion picture or arcade viewing areas.

b. No adult motion picture theater or adult arcade shall be maintained or operated unless the complete interior of the adult motion picture theater or adult arcade is visible upon entrance to such premises. No partially or fully enclosed booths shall be maintained.

c. Maximum Number of Devices. No person shall operate an adult motion picture theater or adult arcade in which the number of image producing devices exceeds the maximum occupancy load permitted in any room or partitioned portion of a room in which an image producing device is located.

20. Adult Hotel/Motel.

a. Evidence that a sleeping room in a hotel, motel, or a similar commercial establishment has been rented or subrented and vacated two (2) or more times in a period of time that is less than ten (10) hours within a twenty-four (24) hour period on a recurring basis creates a rebuttable presumption that the establishment is an adult hotel/motel as that term is defined in this section.

b. A person is in violation of the provision of this code if such person rents or subrents a sleeping room at a location without an adult business license and an adult business use permit to a person or persons and within ten (10) hours thereafter rents or subrents the same room to another person(s), or subrents the same room to the prior renter.

21. No loud speaker or sound equipment audible to persons in any public exterior area shall be used in connection with an adult business, and the business shall be so conducted that sounds associated with the business are not emitted into any public area. All adult businesses shall be subject to providing sufficient sound-absorbing insulation if required by the Director of Community Development, Planning Commission or City Council.

22. No person shall display in any public newsrack, vending machine, or other display device any material which is defined by California Penal Code 313 as harmful to minors, including but not limited to material displaying to the public view photographs or pictorial representations of the commission of any of the following acts: sodomy, oral copulation, sexual intercourse, masturbation, bestiality or an exposed penis in an erect and turgid state, unless such material is:

a. Displayed in an area from which minors are excluded; or

b. Distributed from a machine only accessible through tokens that may be obtained after reasonable measures to ascertain that the person is eighteen (18) years or older.

23. No person shall operate more than one adult business under a single roof.

24. I.D. will be checked for appropriate age (eighteen (18) years or older) before any customer is allowed in the adult business.

J. Couch Dancing/Straddle Dancing and Other Sexual and Related Activities are Prohibited. For purposes of this section, “couch dancing” or “straddle dancing” shall be defined as an employee or independent contractor of the adult business intentionally touching any patron or coming within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area, or while simulating any specified sexual activity.

1. No person shall operate or cause to be operated an adult business, regardless of whether or not a permit has been issued under this code, knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor:

a. To engage in a couch dance or straddle dance with a patron at the business;

b. To contract or otherwise agree with a patron to engage in a couch dance or straddle dance with a person at the business;

c. To intentionally touch any patron at an adult business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;

d. To voluntarily be within six (6) feet of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity;

e. To violate any provision of this section.

2. No employee or independent contractor of an adult business, regardless of whether or not a permit has been issued for said business under this section of the code, shall:

a. Engage in a couch dance or straddle dance with a patron at the business.

b. Contract or otherwise agree to engage in a couch dance or straddle dance with a patron at the business.

c. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity while intentionally touching a patron at the adult business.

d. Engage in the display or exposure of any specified anatomical area or engage in or simulate a specified sexual activity closer than six (6) feet from any patron.

e. Engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service, or solicit a service between the hours of eleven p.m. and ten a.m.

f. Violate any provision of this section.

3. No person at any adult business, regardless of whether or not said business is permitted under this code, shall intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity at the adult business.

4. No person at any adult business, regardless of whether or not said business is permitted under this code, shall engage in a couch dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity.

5. No waiter(s) or waitress(es) at an adult business, regardless of whether or not a permit has been issued for said business under this section, shall appear on the premises in the nude, semi-nude or display or expose specified anatomical areas.

K. Inspection. An applicant or permittee shall permit representatives of the Code Enforcement Office, the Los Angeles County Health Department and the Fire Department to inspect the premises of an adult business for the purpose of ensuring compliance with the law, at any time it is occupied or open for business.

L. Suspension of Permit.

1. The Director of Community Development shall suspend a permit for a period not to exceed thirty (30) days if he/she determines that a permittee, or an employee of a permittee, has:

a. Violated or is not in compliance with any section of this code; or

b. Engaged in the excessive use of alcoholic beverages while on the adult business premises; or

c. Refused to allow an inspection of an adult business premises as authorized by this code; or

d. Operated the adult business in violation of a building, fire health, or zoning statute, code ordinance or regulation, whether federal, State or local, said determination being based on investigation by the division, department or agency charged with enforcing said rules or laws. In the event of such statute, code, ordinance or regulation violation, the City shall promptly notify the permittee of the violation and shall allow the permittee a seven (7) day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven (7) day period, the City shall forthwith suspend the permit and shall notify the permittee of the suspension; or

e. Operated the adult business in violation of the hours of operation as permitted by this section; or

f. Allowed minors (under eighteen (18) years old) to enter the adult business.

2. The suspension shall remain in effect until the violation of the statute, code, ordinance or regulation in question has been corrected.

M. Revocation of Permit.

1. The Director of Community Development shall revoke a permit if a cause of suspension in this code occurs two (2) or more times within a twelve (12) month period.

2. The Director of Community Development shall revoke a permit upon determining that:

a. A permittee gave false or misleading information in the material submitted during the application process that tended to enhance the applicant’s opportunity for obtaining a permit; or

b. A permittee or an employee has knowingly allowed possession, use or sale of controlled substances on the premises; or

c. A permittee or an employee has knowingly allowed prostitution on the premises; or

d. A permittee or an employee knowingly operated the adult business during a period of time when the permittee’s permit was suspended; or

e. A permittee has been convicted of a specified criminal act for which the time period required in this section has not elapsed; or

f. On two (2) or more occasions within a twelve (12) month period, a person or persons committed an offense, occurring in or on the permitted premises, constituting a specified criminal act for which a conviction has been obtained, and the person or persons were employees of the adult business at the time the offenses were committed. The fact that a conviction is being appealed shall have no effect on the revocation of the permit; or

g. A permittee is convicted of tax violations related to an adult business; or

h. A permittee or an employee has knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation, or any other specified sexual activities to occur in or on the permitted premises; or

i. Operating more than one adult business under a single roof; or

j. A permittee does not comply with any applicable requirements of this code; or

k. Knowingly permitted gambling by any person on the adult business premises.

3. When the Director of Community Development revokes a permit, the revocation shall continue for one year and the permittee shall not be issued an adult business use permit for one year from the date revocation became effective. If, subsequent to revocation, the Director of Community Development finds that the basis for revocation under this code has been corrected, the applicant shall be granted a permit if at least ninety (90) days have elapsed since the date revocation became effective. If the permit was revoked under this code, an applicant may not be granted another permit until the number of years required under this code has elapsed.

N. Annual Compliance Letter. The permittee shall submit an annual compliance letter (stating that adult business is in compliance with all applicable codes) to the Department of Community Development no less than thirty (30) days prior to the original approval date.

1. If the permittee does not submit an annual compliance letter before the required thirty (30) days, the adult business shall cease occupancy until the compliance letter is submitted to the Department of Community Development.

2. The Director of Community Development shall respond to the annual compliance letter within ten (10) days of receiving the letter. (Ord. 97-1, 6/10/97; Ord. 98-3, 2/10/98; Ord. 00-3, 2/8/00; Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)

17.17.060 Park Fees or Dedication for Multifamily Residential Development.

A. Applicability and Exceptions. The provisions of this section shall govern:

1. Any application for a building permit filed with the City on or after sixty (60) calendar days from the date of adoption of the ordinance codified in this section to construct or install one or more multiple-family dwelling units on one or more contiguous parcels of land; and

2. Any application for a land development permit, filed with the City on or after sixty (60) calendar days from the date of adoption of the ordinance codified in this section, to construct or install a mobilehome park or similar development on one or more contiguous parcels of land; and

3. If the land on which a residential development is proposed to be located is also subject to the City’s subdivision parkland dedication ordinance, which ordinance was enacted pursuant to the authority of the Subdivision Map Act of the State (Section 66477 of the Government Code), the provisions of the City’s subdivision parkland dedication ordinance shall control and this chapter shall not apply.

B. Requirement for Park and Recreational Facilities. As a condition of approval of any building permit, every developer shall dedicate a portion of such land, pay a fee in lieu thereof, or do a combination of both, as set forth in this chapter, for the purpose of establishing and developing park and recreational facilities to serve the future residents of such developed property.

Consistent with the standards of the Parks and Recreation Element of the City’s General Plan, it is hereby found and determined that the public interests, convenience, health, welfare and safety require that the dedication of land, or payment of fees, or both, shall equal the proportionate amount necessary to provide three (3) acres of park area per one thousand (1,000) persons expected to reside within the proposed development. If the amount of existing neighborhood and community park area, as calculated pursuant to this section, exceeds that limit the City may adopt the calculated amount as a higher standard.

The park area per one thousand (1,000) members of the population of the City shall be derived from the ratio that the amount of neighborhood and community park acreage bears to the total population of the City as shown in the most recent available federal census or Department of Finance Demographic Updates Research Unit. The amount of neighborhood and community acreage shall be the actual acreage of existing developed neighborhood and community parks of the City as shown on its records, plans, recreational development, maps, or reports as of the date of the most recent available federal census.

C. Population Density. Population density for the purposes of this section shall be determined based on the most recent data available from the California Department of Finance Demographic Research Unit, and studies of population density in Los Angeles County and the City of Santa Clarita. The density shall be determined by the City at the time it approves a developer’s building permit or residential planned development permit. The basis for determining the number of dwelling units shall be the number of such units as shown on the building plans or other data required to be submitted by the developer along with the application for a building permit or residential planned development permit.

D. Land Dedication Formula. The amount of land required to be dedicated by a developer pursuant to this section shall be based upon the population generated by the residential development, and shall be computed on the basis of three (3) acres per one thousand (1,000) persons generated by the development. The number of persons anticipated shall be determined by a computation in accordance with the following formula: number of dwelling units within the residential development multiplied by population density (number of persons anticipated to reside within each dwelling unit) as specified in subsection (C) of this section. The number of persons anticipated to reside within the development according to the above computation shall be divided by one thousand (1,000) and the result shall be multiplied by three (3) to determine the amount of acreage to be dedicated. Should it be determined by the City that the amount of existing neighborhood and community area as calculated pursuant to this section exceeds three (3) acres per one thousand (1,000) persons, then the City may adopt the calculated amount not to exceed five (5) acres per one thousand (1,000) persons and incorporate that calculated amount into the land dedication formula.

E. Private Parks. Prior to development approval by the Planning Commission a developer may, by written petition to the City, request that a local park site which, pursuant to the provisions of subsection (F) of this section is to be provided as part of the design of a development, be privately owned, developed and maintained by the future owner(s) of the development. The petition shall be accompanied by a plan for development of the park site, in substantial conformance with the standards for local parks contained in the existing or proposed Park and Recreation Element of the General Plan and any additional standards as may be adopted by the City Council. A statement shall also be included indicating when development of the proposed facilities will begin. Prior to submission of the petition, the developer shall obtain any permits for the private use of the park site required by the chapter. If the petition is approved, the right to prohibit the use of the land for other than park purposes shall be dedicated to the City.

F. Credit for Private Parks. Where the recreation needs of residents are not fully met by public parks, in accordance with the Parks and Recreation Element of the General Plan, credit may be given for private open space as hereinafter provided. Where private open space usable for active recreational purposes is provided in a proposed planned development, as defined in Section 11003 of the Business and Professions Code, partial credit, not to exceed thirty (30) percent, may be given toward the requirement of land dedication or payment of fees in lieu thereof if the Planning Commission finds that it is in the public interest to do so and that all the following standards are met:

1. Required yards, patios, court areas, setbacks and other open areas of this chapter and building code shall not be counted toward private open space; and

2. Private park and recreation facilities shall be owned either by the owner of the development or, in the event that the development is located on several contiguous parcels and has more than one owner, by an association composed of all property owners in the development associated by an incorporated nonprofit organization capable of dissolution only by a unanimous affirmative vote of the membership and approval of the City. The park and recreation facilities shall be operated and maintained by the owner, or, if more than one owner, under recorded land agreements through which each owner of the development is automatically a member, and each owner is subject to a charge for a proportionate share of expenses for maintaining the facilities; and

3. Use of the private open space is restricted for park and recreation purposes by recorded covenant which runs with the land in favor of the future owner or owners of the property and which cannot be defeated or eliminated without the consent of the City or its successor; and

4. The proposed private open space is reasonably adaptable for use for park and recreation purposes, as determined by the City, taking into considerations such factors as size, shape, topography, geology, access and location; and

5. The requirements are in conformance with the General Plan and facilities proposed for the recreation area and open space are in substantial accordance with the provisions of the Recreation Element of the General Plan; and

6. The recreation area and open space for which partial credit is desired is generally a minimum of three (3) acres and provides all of the local park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

a. Recreational open spaces, which are generally defined as park areas for active recreation pursuits such as soccer, baseball, softball and football, and have at least one acre of maintained turf with less than five (5) percent slope.

b. Court areas, which are generally defined as tennis courts, badminton courts, shuffleboard courts or similar hard-surfaced are especially designed and exclusively used for court games.

c. Recreational swimming areas, which are defined generally as fenced areas devoted primarily to swimming, diving or both. They must also include decks, lawned area, bathhouses or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three (3) percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool together with an adjacent deck and/or lawn area twice that of the pool.

d. Recreation buildings and facilities designed and primarily used for the recreational needs of residents of the development.

G. Amount of Fee in Lieu of Land Dedication.

1. If it is determined by the City that a fee is to be paid in lieu of dedication of land, the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to the provisions of this section and shall be determined in accordance with the following formula: Number of acres of land that would otherwise be required to be dedicated multiplied by the average fair market value of a reasonably level acre of land within the residential development, with adjacent sidewalks, curb and gutters and utility stub outs.

2. Computation of the average fair market value of an acre of land within the residential development shall be consistent with the zoning of the property at the time the application for a building permit or residential planned development permit is approved by the City, and shall be based on the following procedure:

a. The City and the developer may negotiate and thereafter agree as to the average fair market value; or

b. If agreement cannot be reached, a developer may, at its own expense, obtain an appraisal of the land by a certified MAI real estate appraiser, which appraisal may be accepted by the City if found to be reasonable; or

c. If the City is not satisfied with the developer’s appraisal, it may cause an appraisal to be made of the land by an MAI appraiser, for which the developer pays, which appraisal shall utilize generally accepted and recognized methods of real estate appraisal.

3. Unless a developer retains its own appraiser, the City’s initial determination of average fair market value, as provided for in subsection (G)(2)(b) of this section, shall be final and conclusive. If the City does not accept a developer’s appraisal, its subsequent appraisal, pursuant to subsection (G)(2)(c) of this section, shall be final and conclusive.

H. Dedication of Land—Off-Site Improvements. If it is determined that a developer is to dedicate land in accordance with this section and the land so dedicated is bounded on any side by or abuts any street frontage, the developer shall, at the time the building permit is approved by the City, obligate themselves by a condition to said permit, as to those areas of the park site which border or abut said street or streets, to provide full street improvements and utility connections including, but not limited to, curbs, gutters, grading, automatic irrigation systems, lawns, walkways and walkway lighting, street paving, traffic control devices, street trees and sidewalks; fencing or walls, subject to the approval of the Director of Parks, Recreation and Community Services, along the property line of that portion of the property contiguous to the dedicated land; improved drainage throughout the site; trails improved to City standards; and other minimal improvements which the City determines essential to the acceptance of the land for recreational purposes. At the discretion of the City, in lieu of providing said improvements, the developer shall pay a sum equal to twenty (20) percent of the fair market value of the land dedicated to pay the City’s costs of constructing the improvements. Prior to the time the City approves a building permit, the City shall determine the manner in which a developer is to comply with the requirements of this section.

I. Payment of In-Lieu Fee—Off-Site Improvements.

1. If it is determined that a developer is to pay a fee in lieu of dedicating land for park and recreational purposes in accordance with this section, and the park site the City proposes to acquire with all or part of said fee is bounded on one or more sides or abuts any street frontage, the developer shall, at the time the building permit is approved by the City, obligate themselves by a condition to the permit, as to those areas of the park site which border or abut said street or streets, to improve the land with curbs, gutters, sidewalks, drainage facilities, lights, matching pavement, street trees, irrigation for street trees, relocation of existing public utilities facilities, and stubbing in of requested utility line services, all to full City standards.

2. Prior to the time the City approves a building permit, the City shall determine the manner in which a developer is to comply with the requirements of this section, which shall consist of either the developer:

a. Actually constructing the off-site improvements mentioned in subsection (I)(1) of this section on a prorated basis in the same ratio as the fee paid in lieu of dedication bears to the total cost of the planned park site; or

b. Paying a sum equal to twenty (20) percent of the total amount of his in lieu payment, to cover the City’s costs in constructing such off-site improvements.

J. Determination of Dedication of Land or Payment of In-Lieu Fee. The procedure for determining whether a developer is to dedicate land, pay a fee or do both, shall be as follows:

1. At the time of filing an application for building permit, a developer shall, as part of such filing, indicate whether they desire to dedicate land, pay a fee in lieu thereof or do a combination of both. If they desire to dedicate land for such purposes, they shall designate the area thereof on their site plan or plot plan as submitted following consultation with the City as to the appropriate location and size of the area proposed to be dedicated.

2. The City shall determine, prior to the time the City approves a building permit, whether to require a dedication of land, payment of a fee in lieu thereof, or a combination of both.

3. The decision of the City in this regard shall be governed by consideration of the following:

a. Adherence to the Parks and Recreation Element of the City’s existing or proposed General Plan and other adopted City standards; and

b. The topography, geology, access and location of land in the residential development available for dedication; and

c. The size and shape of the residential development and land available for dedication; and

d. The location of existing or proposed park sites and trailways.

4. Nothing in this section shall be interpreted to prohibit, or limit in any manner, the City from determining the location and configuration of the land to be dedicated.

5. The determination of the City, made prior to the City’s approval of a building permit, that land shall be dedicated, a fee paid in lieu thereof, or a combination of both, as well as the manner in which developer shall meet the requirements set forth in this section, shall be final and conclusive.

K. Conveyance of Land to the City. Real property dedicated under the provisions of this section shall be conveyed by grant deed in fee simple to the City by the developer free and clear of all encumbrances except those which will not interfere with use of the property for park purposes and which the City agrees to accept. Deeds required to be given shall be deposited with the City prior to the time a building permit for which the deeds are given is approved by the City. The deeds shall be held in trust by the City until such time as the application for a permit is approved, denied or withdrawn by the developer. If an application for a permit is denied or withdrawn by the developer, all deeds shall be returned to the developer. If an application for a permit is approved, the deeds received may be recorded by the City. The developer shall secure for the City title insurance in an amount equal to the value of the property dedicated.

L. Payment of In-Lieu Fee to the City. Any fee paid in lieu of the dedication of real property shall be deposited with the City prior to the approval of a building permit by the City. The fee shall be held in trust by the City until the time the building permit is approved, rejected or withdrawn by the developer. The City shall, within a reasonable time, use the funds only to provide park or recreational facilities to serve the residents in the vicinity of the residential development. Fees conveyed to the City shall be expended only within the City limits.

M. Return of In-Lieu Fees or Deeds to the Developer. If a developer, having received approval of its application for a building permit, allows the permit to expire and fails to apply for a reissuance of the permit, it, or its successor or successors in interest, shall be entitled to a credit on the land previously dedicated, or fees previously paid in order to satisfy any provision of this section. All credits shall be applied to the land for which the building permit was obtained.

N. Time of Commencement of Development. If a developer, having received approval of their application for a residential planned development permit, fails to inaugurate use under the original terms of the permit, or any extensions thereof granted by the City, and the permit expires, it, or its successor or successors in interest, shall be entitled to a credit on the land previously dedicated or fees previously paid to satisfy any provision of this section. All credits shall be applied to the land for which the residential planned development permit was obtained.

At the time the building permit is approved, the City shall designate the time when development of the park and recreational facilities shall be commenced. Development of park and recreational facilities shall commence not later than five (5) years from the date of issuance of the building permit.

O. Limitation on Use of Land and Fees. The land and fees received under this section shall be used only for the purposes of providing park and recreational facilities as provided for and identified in the General Plan. The amount and location of land to be dedicated, the fees to be paid in lieu thereof, or a combination of both, as well as the provision by the developer of off-site improvements, shall bear a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the development.

P. Public Availability of Account of Fund Information.

1. Upon receipt of a fee, the City shall deposit it with the other fees for the improvement in a separate capital facilities account or fund except for temporary investments, and expend these fees solely for the purpose of parks and recreational facilities. Any interest income earned by monies in the account or fund shall also be deposited in that account or fund and shall be expended only for parks and recreational facilities.

2. For each separate account or fund established pursuant to this chapter, the City shall, within sixty (60) calendar days of the close of each fiscal year, make available to the public the beginning and ending balance for the fiscal year and the fee, interests and other income and the amount of expenditure by the City and the amount of refunds made pursuant to this section during the fiscal year. The City shall review this information at the next regularly scheduled public meeting not less than fifteen (15) calendar days after the availability of the information required by this subsection.

3. For purposes of this section, “fee” means any fee imposed to provide for an improvement to be constructed to serve a development project, or which is a fee that is imposed by the City as a condition of approving the development project.

4. Any person may request an audit pursuant to Government Code Section 54997 in order to determine whether any fee exceeds the amount necessary to cover the cost of the parks or recreation facilities.

The City hereby determines and declares that the fees or charges will be collected for the construction or improvement of parks and recreational facilities for which an account has been established and funds appropriated and for which the City has adopted a proposed construction schedule or plan prior to final inspection or issuance of the certificate of occupancy or the fees or charges will reimburse the local agency for expenditures previously made.

Q. Annual Findings For Unexpended or Uncommitted Fees.

1. The City shall make findings each fiscal year with respect to any portion of the fee remaining unexpended or uncommitted in its account five (5) or more years after deposit of the fee to identify the purpose to which the fee is to be put and to demonstrate a reasonable relationship between the fee and the purpose for which it was charged. The findings required by this subsection need only be made for money in the possession of the City and need not be made with respect to letters of credit, bonds, or other instruments taken to secure payment of the fee at a future date.

2. Except as provided in subsection (Q)(3) of this section, the City shall refund to the then current record owner of the development project on a pro rata basis the unexpended or uncommitted portion of the fee and any interests accrued thereon, which need cannot be demonstrated pursuant to subsection (Q)(1) of this section.

3. If the administrative costs of refunding unexpected or uncommitted revenues pursuant to subsection (Q)(2) of this section exceed the amount to be refunded, the City, after a public hearing, notice of which has been published pursuant to Government Code Section 6061 and posted in three (3) prominent places in the area of the development project, may determine that the revenues shall be allocated for some other purposes for which the fees are collected and which serves the project on which the fee was originally imposed. (Ord. 00-3, 2/8/00; Ord. 01-5, 2/27/01)

17.17.070 Density Bonus Requirements.

A. A density bonus shall be available consistent with the requirements of Government Code Section 65915 and sections amendatory or supplementary thereto. Any applicant for a density bonus shall make such application on a form approved by the Community Development Director at the time of submitting any entitlement application for the development for which a density bonus is requested. The application shall include, at a minimum, the following information:

1. A description of how the proposed project meets the criteria for a density bonus under Section 65915;

2. What concession(s), if any, are requested by the applicant;

3. An explanation of how the requested concession(s) are necessary to provide for affordable housing costs;

4. Whether a parking adjustment is requested;

5. A depiction of the intended use or location of the density bonus housing within the proposed development.

B. As required by Section 65915 and sections amendatory or supplementary thereto, the Community Development Director shall require an instrument recorded against title, enforceable by the Community Development Director, to ensure the continued affordability of the affordable units within a project receiving a density bonus. Such instrument may include, but is not limited to, an equity sharing agreement, an affordability covenant, a deed of trust, a development agreement, or some combination thereof at the discretion of the Community Development Director; provided, that such instrument(s) does not unreasonably restrict title of any of the units and/or does not make the project economically infeasible. (Ord. 01-5, 2/27/01; Ord. 05-1 § 2, 1/25/05; Ord. 05-19 § 2, 12/13/05)

17.17.080 Cluster Developments.

A. Purpose. The purpose of this section is to minimize the disruption of natural resources and major physiographic features and preserve land as permanent open space by encouraging innovative development alternatives.

B. Conditions. In conjunction with the submittal of an application for a tentative map, an applicant may submit an application for a conditional use permit to allow for a cluster development. In approving a conditional use permit for a cluster development, the Planning Commission shall impose conditions pertaining to the following:

1. Preservation of Commonly Owned Areas.

a. The Planning Commission shall require the permanent reservation of all commonly owned areas. Such reservation shall be by establishment of a homeowners’ association, maintenance district or other appropriate means or methods to ensure to the satisfaction of the Planning Commission the permanent reservation and continued perpetual maintenance of required commonly owned areas.

b. As a means to further ensure the reservation of commonly owned areas, the Planning Commission shall also require that where lots or parcels of land are sold or are otherwise separated in ownership, no dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly owned areas comprising a part of such development. Such undivided interest shall include either:

(1) An undivided interest in the commonly owned areas; or

(2) A share in the corporation or voting membership in an association owning the commonly owned area.

2. Dwelling Unit Type. The Planning Commission shall require that all dwelling units be single-family residences unless a townhouse development is requested and approved.

3. Location, Separation and Height of Buildings. The Planning Commission shall impose conditions as it deems necessary to govern the location, separation and height of buildings to ensure compatible placement on the proposed site and with relationship to the surrounding area. This provision shall not be deemed to permit approval of a height greater than is permitted in the zone where development is proposed.

C. Additional Conditions. In addition to the conditions listed above, the Planning Commission may impose conditions pertaining to the following:

1. Location of Automobile Parking Facilities. Where the Planning Commission determines that the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot or parcel of land, such automobile parking may be located on a separate lot or parcel, provided that such parking facility is:

a. In full compliance with all other provisions of Section 17.18 of this code; and

b. Located on a separate lot or parcel of land under common ownership; and

c. Conveniently located and easily accessible to the dwelling it is intended to serve; and

d. No greater than two hundred (200) feet from the residence it is intended to serve.

2. Architecture. The Planning Commission may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property.

3. Yards. The Planning Commission may modify any or all yard requirements of the basic zone wherein a cluster development is proposed. In reaching its determination to modify the yard requirements and to what extent, the Planning Commission shall base its decision on whether such modification will:

a. Encourage design features promoting amenities equal to or better than a development plan incorporating required yards; and

b. Assist in integrating the proposed development in relation to its location on the site and its relationship to the surrounding area.

Nothing in this subsection shall be construed to prohibit imposition of yards exceeding the minimum provided in the zone.

4. Landscaping. The Planning Commission may require a plan for the landscaping of any or all parts of the development submitted to and approved by the Planning Commission in order to ensure that the development will be complementary to and compatible with the uses in the surrounding area.

5. Utilities. The Planning Commission may require the applicant to submit to the Planning Commission, and it may be made a condition of approval for a cluster development, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development.

17.17.090 Oak Tree Preservation.

A. Definitions. For the purpose of this section:

“Cutting” shall mean the detaching or separating, either partial or whole, from a protected tree, any part of the tree, including but not limited to, any limb branch, root, or leaves. Cutting shall include pruning and trimming.

“Damage” shall mean any action undertaken which causes or tends to cause injury, death, or disfigurement to a tree. This includes, but is not limited to, cutting, poisoning, burning, overwatering, relocating or transplanting a protected tree, changing or compacting the natural grade within the protected zone of a protected tree, changing groundwater levels or drainage patterns, or trenching, excavating or paving within the protected zone of an oak tree.

“Deadwood” shall mean limbs or branches that contain no green leaves or live tissue. A tree or limb may be considered dead if it does not show evidence of any green leaves or live branches over the span of one year, inclusive of prime growing weather.

“Dripline” shall mean the outermost edge of the tree’s canopy. When depicted on a map or on the ground, the dripline will appear as an irregularly shaped outline that follows the contour of the furthest extension of the limbs and leaf canopy.

“Encroachment” shall mean any intrusion into the protected zone of an oak tree which includes, but is not limited to, pruning, grading, excavating, trenching, dumping of materials, parking of commercial vehicles, placement of incompatible landscaping or animal corrals, storage of materials or equipment, or the construction of structures, paving or other improvements. For purposes of this section, encroachment shall not include the action of a person physically entering the protected zone of an oak tree.

Encroachments shall be categorized as either “major” or “minor” for oak trees located on properties occupied by a single family residence. A major encroachment means any intrusion into the protected zone as defined above in an area between the outer edge of the trunk and fifty percent (50%) of the diameter of the protected zone. A minor encroachment will mean any intrusion into the protected zone as defined herein in an area between the outermost edge of the protected zone and fifty percent (50%) of the diameter of the protected zone.

“Heritage oak tree” shall mean any oak tree measuring one hundred eight (108) inches or more in circumference or, in the case of a multiple trunk oak tree, two (2) or more trunks measuring seventy-two (72) inches each or greater in circumference, measured four and one-half (4.5) feet above the natural grade surrounding such tree. In addition, the Planning Commission and/or City Council may classify any oak tree, regardless of size, as a heritage oak tree if it is determined by a majority vote thereof that such tree has exceptional historic, aesthetic and/or environmental qualities of major significance or prominence to the community.

“Oak tree” shall mean any oak tree of the genus Quercus, including, but not limited to, Valley Oak (Quercus lobata), California Live Oak (Quercus Agrifolia), Canyon Oak (Quercus chrysolepis), Interior Live Oak (Quercus wislizenii) and Scrub Oak (Quercus dumosa), regardless of size. In the case of properties occupied by a single-family residence, Scrub Oak (Quercus dumosa) shall be excluded from this list.

“Oak tree preservation and protection guidelines” or “guidelines” shall mean the policy established by the City Council and the administrative procedures and rules established by the Director of Community Development for the implementation of this development code.

“Routine maintenance” shall mean actions taken for the continued health of an oak tree such as insect control spraying, limited watering, fertilization, deadwooding and ground aeration. For the purposes of this development code, routine maintenance shall include pruning pursuant to the requirements of Section 17.17.090(E)(8).

B. Purpose. The purpose of this section is to protect and preserve oak trees in the City and to provide regulatory measures designed to accomplish this purpose.

The City lies in the Santa Clarita Valley, the beauty and natural setting of which is greatly enhanced by the presence of large numbers of majestic oak trees. These indigenous oak trees are recognized for their significant historical, aesthetic and environmental value. They are indicator species for the natural communities in which they exist, supporting a broad spectrum of other native plant and animal species. As one of the most picturesque trees in the Southern California area, they lend beauty and charm to the landscape, enhance the value of property, and preserve the character of the communities in which they exist.

Development within the Santa Clarita Valley has resulted in the removal of a great number of oak trees. Further uncontrolled and indiscriminate destruction of this diminishing plant heritage would detrimentally affect the general health, safety and welfare of the citizens of Santa Clarita. The preservation program outlined in this section contributes to the welfare and aesthetics of the community and retains the great historical and environmental value of these trees.

C. Oak Tree Policy. It shall be the policy of the City of Santa Clarita to require the preservation of all healthy oak trees unless compelling reasons justify the removal of such trees. This policy shall apply to the removal, pruning, cutting and/or encroachment into the protected zone of oak trees. The City Manager or his designated representative (“Director”), in conjunction with an oak tree preservation consultant as necessary, shall have the primary and overall responsibility to administer, evaluate and monitor this policy to assure strict compliance. Additional policy and standards shall be as set forth in the City’s Oak Tree Preservation and Protection Guidelines following adoption by the City Council. Any person who owns, controls, has custody or possession of any real property within the City of Santa Clarita shall make a reasonable effort to maintain all oak tree(s) located thereon in a state of good health. Failure to do so will constitute a violation of this ordinance.

D. Permit Required. No person shall cut, prune, remove, relocate, endanger, damage or encroach into the protected zone of any oak tree on any public or private property within the City except in accordance with the conditions of a valid oak tree permit issued by the City. The applicant shall be required to furnish all necessary information as determined by the Director together with the appropriate fee as established by Council resolution. Application materials shall include, but not be limited to, an oak tree report conforming to the Director’s specifications, a survey of the tree, its dripline and protected zone location, and illustrations and justifications of the proposal and tree tagging unless waived by the Director.

E. Exemptions. Notwithstanding the provisions of this code, a permit is not required under the following circumstances:

1. For trees that do not exceed six (6) inches in circumference when measured at a point four and one-half (4.5) feet above the tree’s natural grade or for those trees on properties occupied by a single-family residence that do not exceed twelve and one-half (12.5) inches in circumference when measured at a point four and one-half (4.5) feet above the tree’s natural grade.

2. In cases of emergency, including, but not limited to, thunderstorms, windstorms, floods, earthquakes, fires or other natural disasters or potential safety hazards, the City’s oak tree consultant, authorized City official, or any member of law enforcement or law enforcement agency, forester, fireman, civil defense official or Code Enforcement Officer in their official capacity may order or allow the removal of part or all of a protected tree if, upon visual inspection, such tree is determined to be in a hazardous or dangerous condition. If possible, prior notice to the Director shall be provided. Subsequent to the emergency action, written notification shall be provided to the Director describing the nature of the emergency and action taken.

3. For trees planted, grown and/or held for sale as a part of a licensed nursery business.

4. Pruning by a public service or utility necessary to protect or maintain overhead clearance for existing electric power or communication lines, or public rights-of-way, subject to prior notice to the Director in nonemergency situations. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City’s oak tree consultant.

5. Pruning of limbs or deadwood provided such live limbs do not exceed six (6) inches in circumference at the location of the cut. All pruning work shall follow proper arboricultural practices as approved by the Director and/or the City’s oak tree consultant and shall not be excessive to the extent that the life of the tree is endangered or its aesthetic value is diminished.

6. When the property owner has received written permission from the Director for the removal of a maximum of three (3) scrub oaks (Quercus dumosa).

7. Routine maintenance as defined herein.

8. Pruning of limbs of an oak tree(s) on the properties occupied by a single-family residence; provided, that such pruning is undertaken under the supervision of an arborist retained by the owner and approved by the Director.

9. Minor encroachments as defined herein.

10. For those trees that are purchased and/or planted for non-mitigation purposes by the property owner of a single-family residence on the same property occupied by the residence. The owner shall not remove oaks owned and maintained by the City.

F. Use of Explosives. All tree fellers, tree surgeons or any other person using explosives within the City limits in connection with the cutting down or removal of any oak tree shall first apply to the City for a permit to do so and shall furnish such bond or insurance as the City Manager shall deem necessary for the protection of the property owner or any other person from any possible damage as a result of such work.

G. Authority. The Director may approve, deny or conditionally approve a request for the removal of three (3) or fewer oak trees on a single parcel except for heritage oak trees as provided herein. The Director may approve, deny or conditionally approve a request for the removal of five (5) or fewer trees when the applicant is the owner of a single-family residence and the trees in question are on the applicant’s lot. The Director may also approve, deny or conditionally approve a request for pruning by a certified arborist or encroachment involving an unlimited number of oak trees. The decision of the Director may be appealed to the Planning Commission and the Commission’s decision may be appealed to the City Council pursuant to the provisions of this code. The Director may refer any request for an oak tree permit directly to the Planning Commission if the Director determines that special circumstances may exist with regard to the status of the tree(s), special community interest, or exceptional aesthetic, environmental or historical value. Any request for removal of four (4) or more oak trees or six (6) or more oak trees on a property occupied by a single-family residence or one or more heritage oak trees on a single parcel shall be reviewed by the Planning Commission who may approve, deny or conditionally approve such request. The decision of the Planning Commission may be appealed to the City Council pursuant to the provisions of this development code.

H. Conditions. Conditions may be imposed on the permit at the discretion of the decisionmaker, including, but not limited to, any of the following:

1. A condition requiring the replacement or placement of additional trees on the subject property to offset the impacts associated with the loss of a tree, limbs or encroachment into the protected zone of an oak tree.

2. The relocating of trees on site or off site, or the planting of new trees on site or off site to offset the loss of a tree. The applicant shall be responsible for periodic submission of affidavits by a qualified oak tree expert at the conclusion of grading and construction one (1) year after the planting of replacement or relocated trees and two (2) years after the planting of replacement or relocated trees for on-site trees only. Such affidavit shall certify compliance with all conditions of the permit and the health of all replacement or relocated trees. This requirement shall be supplemented by random inspections by the City of Santa Clarita. The applicant’s acceptance of an approved permit and the exercise of rights thereunder shall be deemed consent to allowing City officials reasonable access to the property for the purpose of conducting such inspections.

3. A condition requiring an objectively observable maintenance and care program to be initiated to ensure the continued health and care of oak trees on the property.

4. Payment of a fee or donation of boxed trees to the City or other approved public agency to be used elsewhere in the City. Such fee or boxed trees shall be of equivalent value to any and all oak trees removed from the property as defined by the current edition of the “Guide for Plant Appraisal,” published by the International Society of Arboriculture (ISA), a copy of which shall be kept on file in the City’s Community Development Department. The applicant shall be credited with the value of any replacement oak trees which may be required. Such fees shall be utilized for the purpose of furthering the preservation and regeneration of oak trees, the identification and official designation of heritage oak trees, the purchase, monitoring and ongoing maintenance of oak trees, landscaping and other habitat refurbishment and for educational and informational programs related to oak trees and their preservation. As an alternative to the payment of all or a portion of the fees described above, an applicant may also be credited with the value of any accepted dedications of property within the City which are suitable for the planting and survival of oak trees. Fees imposed under this section may be reduced as mitigated by specific circumstances and corrective measures undetected by the property owner.

5. For mitigation of oaks due to removal, and/or major encroachment of non-heritage oak trees on a property occupied by a single-family residence, any required tree replacements shall be based on a six (6) inch increment as follows:

• 8" to 12" = Two (2) 24-inch box native oaks

• 12" to 18" = Three (3) 24-inch box native oaks

• 18" to 24" = Four (4) 24-inch box native oaks

• 24" to 30" = Five (5) 24-inch box native oaks

• 30" to 36" = Six (6) 24-inch box native oaks

• increase in six (6) inch increments

Replacement trees shall be planted on the same property from which they were removed unless there is no appropriate place for planting. If an appropriate location for replanting does not exist, mitigation trees may be donated to the City following the replacement schedule above or their monetary value may be paid to the City to the satisfaction of the Director.

I. Reimbursement. The City’s oak tree consultant or the Director’s designee shall review the information submitted with the oak tree permit request and make appropriate recommendations and site inspections. All consultant and/or staff time costs expended in connection with such review, including, but not limited to, review of submitted reports, plans, meetings, site inspections and monitoring shall be billed on an hourly basis and reimbursed by the applicant when the cost of services exceeds the cost covered by the permit fee. Nothing in this code or within the Oak Tree Preservation and Protection Guidelines shall be deemed to impose any liability for damages or a duty of care and maintenance upon the City or upon any of its officers or employees. The person in possession of any public property or the owner of any private property shall have a duty to keep the oak trees upon the property and under their control in a safe, healthy condition. Except as provided in this code, any person who feels a tree located on property possessed, owned or controlled by them is a danger to the safety of themselves, others or structural improvements on site or off site shall have an obligation to secure the area around the tree or support the tree, as appropriate to safeguard both persons and improvements from harm.

J. Enforcement.

1. Any person who owns and/or cuts, damages, moves or removes any oak tree within the City, unlawfully encroaches into the protected zone of an oak tree or who fails to comply with conditions of approval or pay required fees or does any other act in violation of the Oak Tree Preservation Ordinance or a permit issued pursuant hereto shall be guilty of a misdemeanor.

2. In addition to the penalty described in subsection (J)(1) of this section, the Director may suspend an oak tree permit or building permit if he determines that the permittee or owner of the real property which is the subject of the permit, or one or more of their agents, has violated a condition of approval of an oak tree permit issued pursuant hereto or has violated any provision of this Oak Tree Preservation Ordinance. The Director’s determination to suspend a permit shall be subject to appeal as provided in this code.

3. In addition to the penalties described in subsections (J)(1) and (2) of this section, any person who violates the Oak Tree Preservation Ordinance is responsible for proper restitution and may be required to replace the oak tree(s) so removed or damaged, by the donation of or by replanting one (1) or more oak trees of reasonable equivalent size and value to the tree(s) damaged or removed. The number, size and location of said equivalent replacement oak tree(s) shall be to the satisfaction of the Director of Community Development.

K. Additional Permit. Notwithstanding any action taken pursuant to this code, whenever the Director determines that any person has without a permit conducted activities prohibited by this Oak Tree Preservation Ordinance, the Director may require such person to obtain an oak tree permit pursuant to this code. (Ord. 00-3, 2/8/00; Ord. 05-1 § 2, 1/25/05; Ord. 05-4 §§ 1 – 5, 3/8/05; Ord. 05-19 § 2, 12/13/05; Ord. 08-13 § 2, 8/26/08)