9.15.040 Exemptions.
   (a)   The following actions and activities within the Hillside Overlay and Significant Ridgeline Map area are exempt from the provisions of this Chapter.
      (1)   Construction and installation (trenching, utility construction, and backfilling) of underground utility systems.
      (2)   Landscaping of single-family parcels; re-grading of existing yard areas for landscaping installation provided such re-graded yard area does not exceed 3,000 square feet in area for which a grading permit is not required.
      (3)   Modification of, or addition to any pre-existing legally established single-family dwelling, accessory structure, or construction of such a unit on a legally graded pad in existence on the effective date of this Chapter, or the construction of an accessory structure or an addition less than 500 square feet in size. This exemption shall not include the increase in the number of units, change of use, or when a grading permit is required.
      (4)   Construction that does not require a grading permit or a building permit.
      (5)   Any project for which a grading or building permit has been issued and which has begun substantial grading or construction in reliance on such approval prior to the effective date of this Chapter, provided that such permit or approval has not expired or been otherwise revoked and further provided that the development is in accordance with the approved conditions of approval and related approvals.
      (6)   Public works projects determined by the City to be necessary for public health, safety or welfare; wireless facilities are not considered to be public works projects.
   (b)   Whenever any regulations or standards contained in this Chapter differ from, or conflict with, the regulations of Land Use Ordinance 348 as adopted by the City of Canyon Lake, the regulations contained in this Chapter shall take precedence.
(Ord. 112, passed 3-4-2009)