SEC. 12.95.3. CONVERSION PROJECTS: COMMERCIAL/INDUSTRIAL; COMMERCIAL/INDUSTRIAL TO RESIDENTIAL;

   (Added by Ord. No. 154,960, Eff. 4/3/81.) (Section Renumbered by Ord. No. 162,832, Eff. 10/26/87.)

   A.   Purpose. The purpose of these provisions is to promote greater individual choice in type, quality, price and location of housing; to provide for the housing needs of all segments of the population; to provide increased homeownership opportunities for all segments of the population; to promote the safety of conversion projects and correction of Building Code violations; to provide adequate off-street parking; to provide increased opportunities for the ownership of commercial or industrial real property in the form of condominiums or stock cooperatives; to assure that the continued use of buildings for commercial or industrial purposes is substantially consistent with applicable general and specific plans; and to generally regulate projects in accordance with applicable general and specific plans and with the public health, safety and welfare.

   B.   Applicability. The provisions of this section shall apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date this section becomes effective. The provisions of any amendment to this section shall only apply to all tentative maps and preliminary parcel maps as to which the Advisory Agency has not rendered a decision on the date the amendment becomes effective, except as otherwise expressly stated in this section. For purposes of this subsection, a decision is rendered on the date of the Advisory Agency’s public hearing and announced decision or, where no such decision is announced, the date of mailing of the Advisory Agency’s letter of decision and findings to the applicant.

   C.   Definitions. The terms used in this section are defined in Sections 12.03 and 17.02 of the Municipal Code.

   D.   Application Requirements:

   1.   Commercial/Industrial to Residential Conversion Projects:

   a.   A commercial/industrial to residential conversion project shall comply with the Division of Land regulations in Article 7 of this chapter, the provisions of this section and other applicable state laws and local ordinances.

   b.   In addition to the information required by other applicable sections of this Code, the following information shall be submitted at the time of filing:

   (1)   Building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer:

   (a)   Description of the features of the type of building and project, including age, type of construction, number of dwelling units, number of habitable rooms per dwelling unit; and

   (b)   Site plan, including buildings, structures, yards, open spaces, accessory storage areas and buildings, including trash storage areas: and

   (c)   Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided; dimensions of stalls, aisles and driveways; location of columns, walls and other obstructions; total number of covered and uncovered parking spaces and location and number of guest parking spaces.

   (2)   Sales Information. Anticipated range of sales prices of individual dwelling units or shares based on information known at the time of application; and statement as to whether sales will be permitted to families with minor children.

   (3)   Floor and elevation plans, including indication of common and private areas and required exits.

   c.   The following additional information may be required by the Advisory Agency as a condition of approval.

   (1)   Certificate of Housing Compliance Inspection Report as provided by Section 91.0318 of the Municipal Code, or equivalent report satisfactory to the Advisory Agency, which report shall detail any violations of Chapter IX of the Municipal Code in effect at the time the building permit was issued and any violations of provisions of Chapter IX enacted after such permit was issued and which are explicitly made applicable to existing structures.

   (2)   Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City):

   (a)   Building component reports indicating condition and estimated remaining useful live of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer, licensed general building contractor, licensed general engineering contractor or architect;

   (b)   Structural pest control report, prepared by a licensed pest control contractor;

   (c)   Acoustical report indicating (a) the type of construction between dwelling units and the general sound attenuation characteristics of such construction, or indicating the level of sound attenuation between dwelling units, and (b the feasibility of various levels of improvement, prepared by a licensed acoustical engineer; and

   (d)   Utility metering reports, if the units of the building are not individually metered, indicating the feasibility of individual or submetering, prepared by qualified engineers.

   (3)   Any other information, including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the purposes of the Municipal Code.

   2.   Commercial/Industrial Conversion Projects.

   a.   A commercial/industrial conversion project shall comply with the Division of Land Regulations in Article 7 of this chapter, the provisions of this section and other applicable State laws and local ordinances.

   b.   In addition to the information required by other applicable sections of this Code, building plans or other documents containing the following information pertaining to the project as proposed, certified as to accuracy by a licensed engineer, shall be submitted at the time of filing:

   (1)   Description of the features of the type of building and project, including age, type of construction, number of separate units proposed, the square footage of each such unit and of the entire building.

   (2)   Parking plan, including the total number of spaces actually provided and the total number required if different from that actually provided, dimensions of stalls, aisles and driveways; location of columns, walls, and other obstructions; total number of parking spaces and guest parking spaces.

   c.   The following additional information may be required by the Advisory Agency as a condition of approval:

   (1)   Building component reports, indicating condition and estimated remaining useful life of the roof, foundation, plumbing, electrical, heating, air conditioning, other mechanical and structural systems, prepared by a registered civil or structural engineer licensed general building contractor, licensed general engineering contractor or architect;

   (2)   Site plan, including buildings, structures, yards, open spaces and accessory storage areas and buildings including trash storage areas;

   (3)   Floor and elevation plans, including indication of common and private areas and required exits;

   (4)   Building inspection reports (if any such report has already been submitted to the California Department of Real Estate, a copy of such report shall be furnished to the City;

   (5)   Any other information including conditions, covenants and restrictions, articles of incorporation and by-laws, which the Advisory Agency deems necessary to determine if the proposed project is consistent with the purposes of the Municipal Code.

   E.   Tentative Map And Preliminary Parcel Map Approval:

   1.   All tentative maps and preliminary parcel maps filed in connection with the commercial/ industrial to residential or commercial/industrial conversion projects shall be subject to the Division of Land Regulations contained in Article 7 of this chapter, except as herein otherwise provided. All such maps shall be subject to the General Plan and any applicable specific plan only to the extent that such plan contains a definite statement of policies and objectives explicitly applicable to such conversion projects, except as otherwise provided in this subsection.

   2.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that the map is not substantially consistent with the applicable density provisions of the General Plan or specific plans in effect at the time the original building permit was issued.

   EXCEPTION:

   This provision shall not apply to any commercial/industrial or commercial/industrial to residential conversion projects for which a building permit was applied for prior to July 1, 1978.

   3.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project where such conversion would be inconsistent with either the existing zoning pattern or applicable general or specific plan, unless it finds that there are special circumstances which justify approval of the map. Such circumstances may exist only with respect to the following facts: (1) the prevailing pattern of commercial/industrial and residential land use in the vicinity of the project site; and (2) the existing and anticipated need for residential development and continued commercial/industrial development in the planning area in which the project is located.

   4.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that any applicable General Plan or Specific Plan provision contains a definite statement of policies and objectives explicitly applicable to such conversion projects and the proposed map is not substantially consistent with such provision.

   5.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that there are uncorrected violations of Chapter IX of the Municipal Code, and that an adequate plan to correct such violations has not been developed or accomplished. For purposes of this provision, Chapter IX of the Municipal Code means the Code in effect when the building permit was issued and other subsequently enacted regulations explicitly made applicable to existing structures.

   6.   The Advisory Agency shall disapprove a tentative map or preliminary parcel map for a commercial/industrial or commercial/industrial to residential conversion project if it finds that (a) the building permit for the building was issued prior to October 1, 1933, and the building is of unreinforced masonry construction, or (b) the building is more than three stories in height without an elevator. This provision may be waived where the Advisory Agency finds that any such condition has been corrected in conformity with current Municipal Code standards.

   F.   Parking.

   1.   Commercial/Industrial to Residential Conversion Projects.

   a.   The minimum number of resident parking spaces per dwelling unit shall be one and one-quarter parking spaces per each dwelling unit having three or less habitable rooms and one and one-half parking spaces per each dwelling unit having more than three habitable rooms. The Advisory Agency may increase or decrease the required number of parking spaces up to and including three-quarters of a space per dwelling unit, where it finds such modification is consistent with the purposes of this section.

   b.   The minimum number of guest parking spaces shall be one-quarter space per dwelling unit for projects containing 50 or fewer units and one-half space per dwelling unit for projects containing more than 50 units. The Advisory Agency may modify the guest parking requirements up to and including one-half space per unit where it finds such modification consistent with the purposes of this section.

   c.   The Advisory Agency may require up to one of the required resident parking spaces per dwelling unit be provided in a private garage or carport where it finds that such is reasonable and feasible and consistent with the purposes of this section.

   d.   There the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum numbers established by this section, the number of parking spaces shall not be diminished.

   e.   In the Central City Area as described in Section 12.21 A.4.(p) of the Municipal Code, the required parking ratio shall be no less than therein provided.

   f.   Where the total number of required spaces includes a fraction, the provision of Section 12.21 A.4.(k) of the Municipal Code shall govern.

   g.   The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.

   h.   (Added by Ord. No. 172,571, Eff. 6/3/99.) Notwithstanding any other provisions of this chapter to the contrary, the required number of parking spaces in Adaptive Reuse Projects in the Downtown Project Area pursuant to Section 12.22 A.26. shall be the same as the number of spaces that existed on the site as of the effective date of this ordinance, and shall be maintained and not reduced. Adaptive Reuse Projects shall otherwise be exempt from the provisions of Section 12.21 A.4.(m) of this Code.

   2.   Commercial/Industrial Conversion Projects.

   a.   The required minimum number of parking spaces to be provided in a commercial/ industrial conversion project shall be one parking space for each 200 square feet of that portion of the total floor area in a building to be used as a medical office, clinic or other medical service facility and one parking space for each 500 square feet of that portion of the total floor area in a building to be used for other commercial or for industrial purposes. “Total floor area”, as used herein, shall exclude floor area used for automobile parking or driveways, for basement storage or for rooms housing mechanical equipment incidental to the operation of buildings.

   b.   The Advisory Agency may increase or decrease the required minimum number of required parking spaces by not more than one hundred percent (100%) including any allowance for guest parking, where it finds that such modification is consistent with the purposes of this section.

   c.   Where the number of parking spaces required by other provisions of this code in existence on the date of map application exceeds the minimum number established by this subsection, the number of parking spaces shall not be diminished.

   d.   Where the total number of required parking spaces includes a fraction, the provisions of Section 12.21 A.4.(k) of the Municipal Code shall govern.

   e.   The design and improvement of parking facilities and areas shall substantially conform to the provisions of Section 12.21 A.5. and 6. of the Municipal Code.

   f.   In the Central City Area as described in Section 12.21 A.4.(P) of the Municipal Code, the required parking ratio shall be no greater than therein provided.

   G.   (None.)

   H.   Building Reports – Commercial/Industrial To Residential Conversion Projects. The Advisory Agency may require, as a condition of approval, that the applicant notify any person who communicates an interest in purchasing a residential condominium or share in a residential stock cooperative that the following reports are available for inspection during normal business hours, and shall take reasonable steps to assure that such reports fully, fairly and accurately describe the conditions reported:

   1.   Any report submitted pursuant to Subsection D. of this section.

   2.   A report concerning compliance with the sound transmission control standards established by Section 91.4903(h) of the Municipal Code.

   3.   A report concerning compliance with the residential energy conservation standards established by Article 1, Part 6, Title 24 of the California Administrative Code.

   4.   A report concerning compliance with the elevator safety standards established by Title 8 of the California Administrative Code.

   5.   A report concerning compliance with any provisions of Chapter IX of the Municipal Code which the Advisory Agency and the Superintendent of Building find appropriate for such reporting purpose.

   I.   Commercial / Industrial To Residential Projects – Low and Moderate Income Housing. Each commercial/industrial to residential conversion project shall comply with Section 12.39* of the Municipal Code relating to low and moderate income housing.

* Section 12.39 was repealed by Ord. No. 180,308 Eff. 12/7/08.

ARTICLE 3 SPECIFIC PLAN – ZONING SUPPLEMENTAL USE DISTRICTS

(Title Amended by Ord. No. 138,800, Eff. 6/13/69, Oper. 6/23/69.)

Section

13.01   “O” Oil Drilling Districts.

13.02   “S” Animal Slaughtering Districts.

13.03   “G” Surface Mining Operations Districts.

13.04   “RPD” Residential Planned Development Districts.

13.05   “K” Equinekeeping Districts.

13.06   Commercial and Artcraft Districts.

13.07   Pedestrian Oriented District.

13.08   “CDO” Community Design Overlay District.

13.09   Mixed Use District.

13.10   Fence Heights District.

13.11   “SN” Sign District.

13.11.1   “TCN” Transportation Communication Network District.

13.12   “NSO” Neighborhood Stabilization Overlay District.

13.13   “RFA” Residential Floor Area District.

13.14   “CPIO” Community Plan Implementation Overlay District.

13.15   “MPR” Modified Parking Requirement District.

13.16   “HS” Hillside Standards Overlay District.

13.17   “RIO” River Improvement Overlay District.

13.18   “CUGU” Clean Up Green Up Overlay District.

13.19   “RG” Single-Family Zone Rear Detached Garage District.

13.20   “HCR” Hillside Construction Regulation District.

13.21   Violation.

SEC. 13.00. ESTABLISHMENT OF DISTRICTS.

   (Repealed by Ord. No. 173,277, Eff. 6/25/00, Oper. 7/1/00.)

SEC. 13.01. “O” OIL DRILLING DISTRICTS.

   (Amended by Ord. No. 187,709, Eff. 1/18/23.)

   A.   Application. The provisions of this section shall apply to the districts established by ordinance and to remain until said district is terminated in accordance with City Charter Section 558. The provisions of this section shall not apply to the location of subterranean gas holding areas or oil wells which are operated as a public utility regulated by the California Public Utilities Commission.

   B.   Definitions. For the purpose of this section the following words and phrases are defined:

   “Controlled Drilling Site” shall mean that particular location within an oil drilling district in an “Urbanized Area” upon which surface operations for the drilling, deepening or operation of an oil well or any incidental operation are, subject to the conditions prescribed by written determination by the Zoning Administrator.

   “Drilling and Production Site in the Los Angeles City Oil Field Area” shall mean locations within an oil drilling district in the “Los Angeles City Oil Field Area” upon which surface operations for the drilling, deepening or operation of an oil well or any operation incident thereto, are subject to the conditions prescribed by written determination by the Zoning Administrator.

   “Los Angeles City Oil Field Area” shall mean all land in the City within the areas identified on the maps in Ordinance No. 156,166 located in Council File No. 80-3951 and shall include all oil producing zones beneath those areas but no deeper than the third zone beneath the surface of the earth.

   “Non-urbanized Area” shall mean all those portions of the City which the City Planning Commission or Council has determined will not be detrimentally affected by the drilling, maintenance, or operation of oil wells. In making its determination, the City Planning Commission, or the Council on appeal, shall give due consideration to the amount of land subdivided, the physical improvements, the density of population and the zoning of the district.

   “Oil Well” shall mean any well or hole already drilled, being drilled or to be drilled into the surface of the earth which is used or intended to be used in connection with coring, or the drilling for prospecting for or producing petroleum, natural gas or other hydrocarbon substances, or is used or intended to be used for the subsurface injection into the earth of oil field waste, gases, water or liquid substances, including any such existing hole, well or casing which has not been abandoned in accordance with the requirements of Article 7 of Chapter 5 of the Los Angeles Fire Code except any well operated by a public utility regulated by the California Public Utilities Commission.

   “Oil Well Class I or A” shall mean any oil well drilled, conditioned, arranged, used or intended to be used for the production of petroleum.

   “Oil Well Class II or B” shall mean any oil well drilled, conditioned, arranged, used or intended to be used only for the subsurface injection into the earth of oil field waste, gases, water or liquid substances.

   “Producing Zone” shall mean a reservoir or series of reservoirs of sufficient thickness and productivity of hydrocarbons as to form an economic source of supply and which is segregated from other reservoirs or series of reservoirs by natural boundaries or barriers to such an extent as to make its separate development either economically or mechanically desirable in accordance with good oil field practice.

   “Urbanized Area” shall mean all land in the City, except land in the M3 Zone, and land which has been determined to be “Non-urbanized Area” by the City Planning Commission or Council or land located in the “Los Angeles City Oil Field Area”.

   C.   (None)

   D.   (None)

   E.   Standard Conditions. These Standard Conditions remain only to the extent that they are incorporated by ordinance through the establishment of an oil drilling district:

   1.   Non-urbanized Areas. Each oil drilling district established in a non-urbanized area shall be subject to the following conditions:

   (a)   Each district shall contain a net area of one acre or more which shall be composed of contiguous parcels of land that may be separated by an alley or walk, except that a district may contain an area of less than one acre where it is surrounded on all sides by streets.

   (b)   Each drilling site in any district shall contain a net area of one acre or more and shall be composed of contiguous parcels of land which may be separated only by an alley or walk. A drilling site may contain less than one acre of area where it is surrounded on all sides by public or approved private streets.

   Only one oil well Class I or A may be established or maintained on each acre of land, except that there may be one oil well Class I or A on any land surrounded on all sides by public or approved private streets. Provided, however, in determining conditions for drilling pursuant to former Subsection H., the Zoning Administrator may permit surface operations for more than one oil well Class I or A in a semi-controlled drilling site where the additional wells are to be bottomed under adjacent land in a drilling district in lieu of surface operations. There shall be no less than one net acre of land in the combined drill site and production site for each well in a semi-controlled drilling site. The Zoning Administrator shall require a site of more than one acre for each oil well where a larger area is required in the particular oil drilling district. The Zoning Administrator may require larger minimum drilling sites or production areas when reasonably necessary in the public interest for a particular oil producing section.

   Where drilling sites greater than one acre are required and two or more lessees or oil drilling developers in a block or area have at least one net acre each, but all lessees or developers do not have the greater area required for drilling under these regulations, the Zoning Administrator shall equitably allocate permitted wells among the competing lessees or developers. Where necessary, the lessee or developer having control of the larger portion of the property shall be given preference. In those situations outlined above, in addition to the proration required by Paragraph (d) of this subdivision, the Zoning Administrator shall require that the lessee or developer who is authorized to drill the well shall offer an equitable consolidation agreement to the lessee or developer who has not been permitted to drill. This consolidation agreement shall contain an offer in writing, open for acceptance for 30 days, giving the other lessees or developers a choice of either:

   (i)   a lease on terms and conditions agreed upon, or on substantially the same terms and conditions contained in leases owned by the applicant; or,

   (ii)   a consolidation agreement agreed upon providing that each lessee or developer shall contribute to the cost of drilling and operation of the well and share in the production from the well in the proportion that the area of their property bears to the total area in the drilling unit.

   (c)   No public street, alley, walk or way shall be included in determining the net area within any district or drilling site.

   (d)   Where the drilling site is so located as to isolate any parcel of land in the drilling district in such a manner that it could not be joined with any other land so as to create another drilling site of the area required in the particular district in which it is located, the Zoning Administrator shall require, as a condition to the drilling and production on the drilling site, that the owner, lessee or permittee or their successor shall pay to the owners of the oil and gas mineral rights in each isolated parcel, a pro-rata share of the landowners’ royalty in all of the oil and gas produced from the drilling site, the share to be in that proportion as the net area of the isolated parcel is to the total net area of the drilling site plus the area of all the isolated parcels, provided that the landowners’ royalty shall be determined in accordance with any existing contracts for payments to the landowners of the drilling site, but, in no event, as to the owner of the isolated parcel or parcels, shall it be less than a 1/6th part of the oil and gas produced and saved from the drilling site.

   2.   Urbanized Areas. Each oil drilling district established in an urbanized area shall be subject to the following conditions:

   (a)   Each district shall be not less than 40 acres in area, including all streets, ways and alleys within the boundaries thereof.

   (b)   Not more than one controlled drill site shall be permitted for each 40 acres in any district and that site shall not be larger than two acres when used to develop a district approximating the minimum size; provided, however, that where the site is to be used for the development of larger oil drilling districts or where the Zoning Administrator requires that more than one oil drilling district be developed from one controlled drilling site, the site may be increased, at the discretion of the Zoning Administrator when concurred in by the Board of Fire Commissioners, by not more than two acres for each 40 acres included in the district or districts.

   (c)   The number of oil wells Class I or A which may be drilled and operated from any controlled drilling site may not exceed one well to each five acres in the district or districts to be explored from said site.

   Notwithstanding the above, should the City Council determine that an urbanized oil drilling district contains more than one producing zone, the City Council may then authorize, by ordinance, the drilling of additional oil wells Class I or A, not to exceed one well per five acres for each identified producing zone, and specify the maximum number of wells to be drilled as the result of such authorization.

   (d)   Each applicant, requesting a determination by the Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H. of this section, must have proprietary or contractual authority to drill for oil under the surface of at least 75 percent of the property in the district to be explored.

   (e)   Each applicant or the applicant’s successor in interest shall, within one year from the date the written determination is made by a Zoning Administrator prescribing the conditions controlling drilling and production operations as provided in former Subsection H. of this section, execute an offer in writing giving to each record owner of property located in the oil drilling district who has not joined in the lease or other authorization to drill the right to share in the proceeds of production from wells bottomed in the district, upon the same basis as those property owners who have, by lease or other legal consent, agreed to the drilling for and production of oil, gas or other hydrocarbon substances from the subsurface of the district. The offer hereby required must remain open for acceptance for a period of five years after the date the written determination is made by a Zoning Administrator. During the period the offer is in effect, the applicant, or the applicant’s successor in interest, shall impound all royalties to which the owners or any of them may become entitled in a bank or trust company in the State of California, with proper provisions for payment to the record owners of property in the district who had not signed the lease at the time the written provisions were made by a Zoning Administrator, but who accepts the offer in writing within the five-year period. Any such royalties remaining in any bank or trust company at the time the offer expires which are not due or payable as provided above shall be paid pro-rata to those owners who, at the time of the expiration, are otherwise entitled to share in the proceeds of the production.

   (f)   The entire controlled drilling site shall be adequately landscaped, except for those portions occupied by any required structure, appurtenance or driveway, and all landscaping shall be maintained in good condition at all times. Plans showing the type and extent of the landscaping shall be first submitted to and approved by the Zoning Administrator.

   (g)   Each applicant requesting a determination by a Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H. of this section, shall post in the Office of Zoning Administration a satisfactory corporate surety bond (to be approved by the City Attorney and duplicates to be furnished to the City Attorney) in the sum of $5,000 in favor of the City of Los Angeles, conditioned upon the performance by the applicant of all of the conditions, provisions, restrictions and requirements of this section, and all additional conditions, restrictions or requirements determined and prescribed by a Zoning Administrator. No extension of time that may be granted by a Zoning Administrator or any change or specifications or requirements that may be approved or required by the Zoning Administrator or by any other officer or department of the City or any other alteration, modification of waiver affecting any of the obligations of the grantee made by any City authority or by any other power or authority whatsoever shall be deemed to exonerate either the grantee or the surety on any bond posted pursuant to this section.

   (h)   If a Zoning Administrator determines, after first receiving a report and recommendation from the Board of Public Works or its designee, that oil drilling and production activities within the district have caused or may cause subsidence in the elevation of the ground within the district or in the immediate vicinity, then after consulting with recognized experts in connection with that problem and with those producing hydrocarbons from the affected area, the Zoning Administrator shall have the authority to require the involved oil producer or producers to take corrective action, including re-pressurizing the oil producing structure or cessation of oil drilling and production.

   (i)   A Zoning Administrator may impose additional conditions or require corrective measures to be taken if the Zoning Administrator finds, after actual observation or experience with drilling one or more of the wells in the district, that additional conditions are necessary to afford greater protection to surrounding property.

   3.   (None)

   4.   Los Angeles City Oil Field Area. Each oil drilling district established in the Los Angeles City Oil Field Area shall be subject to the following conditions:

   (a)   The boundary of each district shall follow the center line of city streets as far as practicable;

   (b)   Each district shall include the streets, ways, and alleys within the boundaries thereof and shall be substantially compact in area;

   (c)   The drilling, pumping, redrilling, repairing, maintenance or other servicing of any new oil well Class I or A in said district shall be conducted only on a Drilling and Production Site in the Los Angeles City Oil Field Area upon which site at least one Class I or A oil well was (i) in existence on January 24, 1982; and (ii) had not been abandoned in accordance with State Division of Oil and Gas regulations prior to January 24, 1982; and (iii) has a Los Angeles Fire Department Serial Number, which number was in existence on January 24, 1982;

   (d)   The number of new oil wells Class I or A permitted on such a Drilling and Production Site in the Los Angeles City Oil Field Area shall not exceed one well to each acre in the District;

   (e)   Each applicant, requesting a determination by the Zoning Administrator prescribing the conditions controlling new drilling and production operations as provided in former Subsection H. must have proprietary or contractual authority to drill for oil under the surface of at least 75% of the total land area of the property in the district to be explored.

   (f)   Within one year from the date the written determination is made by a Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H., each applicant or the applicant’s successor in interest shall offer in writing to each record owner of property located in the oil drilling district who has not joined in the lease or other authorization to drill, the right to share in proceeds of production from new wells bottomed in the district upon the same basis as those property owners who have, by lease or other legal consent, agreed to the drilling for and production of oil, gas or other hydrocarbon substances from the sub-surface of the district. The offer hereby required must remain open for acceptance for a period of five years after the date the written determination is made by a Zoning Administrator. During the period the offer is in effect, the applicant, or the applicant’s successor in interest, shall impound all royalties to which the owners or any of them may become entitled in a bank or trust company in the State of California, with proper provisions for payment to the record owners of property in the district who had not signed the lease at the time the written determination was made by a Zoning Administrator, but who accepts the offer in writing within the five-year period. Any royalties remaining in any bank or trust company at the time the offer expires which are not due or payable as provided above shall be paid pro-rata to those owners who, at the time of the expiration, are otherwise entitled to share in the proceeds of the production.

   (g)   The entire site upon which new oil wells are to be drilled shall be adequately fenced and landscaped; plans showing the type and extent of the landscaping shall be first submitted to and approved by the Zoning Administrator.

   (h)   Each applicant requesting a determination by a Zoning Administrator prescribing the conditions controlling drilling and production operations, as provided in former Subsection H., shall post in the Office of Zoning Administration a satisfactory corporate surety bond (to be approved by the City Attorney and duplicates to be furnished by the applicant) in the sum of $5,000 in favor of the City of Los Angeles, conditioned upon the performance by the applicant of all of the conditions, provisions, restrictions, and requirements of this section, and all additional conditions, restrictions, or requirements determined and prescribed by a Zoning Administrator. No extension of time that may be granted by a Zoning Administrator or any change of specifications or requirements that may be approved or required by the Zoning Administrator or by any other officer or department of the City or any other alteration, modification or waiver affecting any of the obligations of the grantee made by any city authority or by any other power or authority whatsoever shall be deemed to exonerate either the grantee or the surety of any bond posted pursuant to this section.

   (i)   If a Zoning Administrator determines, after first receiving a report and recommendation from the Board of Public Works or its designee, that oil drilling and production activities within the district have caused or may cause subsidence in the elevation of the ground within the district or in the immediate vicinity, then after consulting with recognized experts in connection with the problem and with those persons producing hydrocarbons from the affected area, the Zoning Administrator shall have the authority to require the involved oil producer or producers to take corrective action, including re-pressurizing the oil producing structure or cessation of oil drilling and production.

   (j)   A Zoning Administrator may impose additional conditions or require corrective measures to be taken if the Zoning Administrator finds, after actual observation or experience with drilling one or more of the wells in the district, that additional conditions are necessary to afford greater protection to surrounding property.

   F.   Additional Conditions. In addition to the standard conditions applying to oil drilling districts, the Council, by ordinance, or the Zoning Administrator may have imposed other conditions in each district as deemed necessary and proper. These Additional Conditions remain to the extent that they were incorporated by reference in an ordinance or into approvals issued by the Zoning Administrator under former Subsection H. and I. of Section 13.01 prior to the effective date of this ordinance.

   Some of these additional conditions, which may have been imposed in the ordinance establishing the districts or by the Zoning Administrator in determining the drilling site requirements, and which may have been applied by reference, are as follows:

   1.   That all pumping units established in said district shall be installed in pits so that no parts thereof will be above the surface of the ground.

   2.   That all oil produced in said district shall be carried away by pipe lines or, if stored in said district, shall be stored in underground tanks so constructed that no portion thereof will be above the surface of the ground.

   3.   That the operator of any well or wells in the district shall post in the Office of Zoning Administration a $5,000 corporate surety bond conditioned upon the faithful performance of all provisions of this article and any conditions prescribed by a Zoning Administrator. No extension of time that may be granted by a Zoning Administrator, or change of specifications or requirements that may be approved or required by the Zoning Administrator or by any other officer or department of the City, or other alteration, modification or waiver affecting any of the obligations of the grantee made by any City authority shall be deemed to exonerate either the grantee or the surety on any bond posted as required in this article.

   4.   That the operators shall remove the drilling rig from each well within thirty (30) days after the drilling of said well has been completed, and thereafter, when necessary, such completed wells shall be serviced by portable drilling rigs.

   5.   That the drilling site shall be fenced or landscaped as prescribed by the Zoning Administrator,

   6.   (None)

   7.   That, except in case of emergency, no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered to or removed from the drilling site, except between the hours of 8:00 a.m. and 8:00 p.m. of any day.

   8.   That adequate fire fighting apparatus and supplies, approved by the Fire Department, shall be maintained on the drilling site at all times during drilling and production operations.

   9.   That no refining process or any process for the extraction of products from natural gas shall be carried on at a drilling site.

   10.   (None)

   11.   (None)

   12.   (None)

   13.   That no more than one well shall be bottomed in each five (5) acres of the drilling district.

   14.   That no new oil wells shall be spudded in after the President of the United States, or other proper authority, has declared that a state of war no longer exists.

   15.   (None)

   16.   (None)

   17.   That any person requesting a determination by the Zoning Administrator prescribing the conditions under which oil drilling and production operations shall be conducted, as provided in former Subsection H., shall agree in writing on behalf of themselves and their successors or assigns, to be bound by all of the terms and conditions of this article and any conditions prescribed by written determination by the Zoning Administrator; provided, however, that the agreement in writing shall not be construed to prevent the applicant or the applicant’s successors or assigns from applying at any time for amendments pursuant to this Article or to the conditions prescribed by the Zoning Administrator, or from applying for the creation of a new district or an extension of time for drilling or production operations.

   18.   That all production equipment used shall be so constructed and operated that no noise, vibration, dust, odor or other harmful or annoying substances or effect which can be eliminated or diminished by the use of greater care shall ever be permitted to result from production operations carried on at any drilling site or from anything incident thereto to the injury or annoyance of persons living in the vicinity; nor shall the site or structures thereon be permitted to become dilapidated, unsightly or unsafe. Proven technological improvements in methods of production shall be adopted as they, from time to time, become available if capable of reducing factors of nuisance or annoyance.

   19.   Wells which are placed upon the pump shall be pumped by electricity with the most modern and latest type of pumping units of a height of not more than sixteen (16) feet. All permanent equipment shall be painted and kept in neat condition. All production operations shall be as free from noise as possible with modern oil operations.

   20.   All drilling equipment shall be removed from the premises immediately after drilling is completed, sump holes filled, and drilling or service rigs removed within sixty (60) days after the completion of the well.

   21.   That, subject to the approval of the Board of Fire Commissioners, the operators shall properly screen from view all equipment used in connection with the flowing or pumping of wells.

   22.   Upon the completion of the drilling of a well the premises shall be placed in a clean condition and shall be landscaped with planting of shrubbery so as to screen from public view as far as possible, the tanks and other permanent equipment, such landscaping and shrubbery to be kept in good condition.

   23.   That not more than two wells may be drilled in each city block of the drilling district and bottomed under that block. However, at the discretion of the Zoning Administrator, surface operations for additional wells may be permitted in each of the blocks where each additional well is to be directionally drilled and bottomed under an adjacent block now or hereafter established in an oil drilling district in lieu of a well drilled on the adjacent block and under a spacing program which will result in not exceeding two wells bottomed under each block.

   24.   That not more than one (1) well shall be drilled in each city block of the drilling district; provided, however, that a second well may be drilled in that block bounded by “L”, Gulf Avenue, Denni Street and Wilmington Boulevard, only in the event said second well be directionally drilled or whipstocked so that the bottom of the hole will be bottomed under the (Gulf Avenue School property located in the block bounded by “L” Street, Roman Avenue, Denni Street and Gulf Avenue, and in lieu of a well which might otherwise be permitted to be drilled in said last mentioned block.

   25.   That not more than one (1) well may be drilled in each city block of the drilling district.

   26.   That all power operations other than drilling in said district shall at all times be carried on only by means of electrical power, which power shall not be generated on the drilling site.

   27.   (None)

   28.   (None)

   29.   That not more than two (2) wells may be drilled in each city block of the drilling district; provided, however, that two (2) additional wells may be drilled in each of the following described blocks: (a) the block bounded by Q Street, Lakme Avenue, Sandison Street and Broad Avenue; and (b) the block bounded by Sandison Street, Lakme Avenue, Broad Avenue and the southerly boundary of Tract No. 1934, but only if such additional wells are directionally drilled or whipstocked so that they will be bottomed under the Hancock-Banning High school property, located in the block bounded by Delores Street, Broad Avenue, Pacific Coast Highway and Avalon Boulevard, in lieu of the four (4) wells which might otherwise be permitted to be drilled in the last mentioned block.

   30.   (None)

   31.   Not more than four (4) controlled drilling sites shall be permitted in this district, and such sites shall not be larger than two (2) acres.

   32.   The number of wells which may be drilled to any oil sand from the controlled drilling site shall not exceed one (1) well to each five (5) acres in the district, but in no event shall there be more than one (1) well to each two and one-half (2 1/2) acres.

   33.   That drilling operations shall be commenced within, ninety (90) days from the effective date the written determination is made by the Zoning Administrator or Area Planning Commission, or within any additional period as the Zoning Administrator may, for good cause, allow and thereafter shall be prosecuted diligently to completion or else abandoned strictly as required by law and the premises restored to their original condition as nearly as practicable as can be done. If a producing well is not secured within eight (8) months, the well shall be abandoned and the premises restored to its original condition, as nearly as practicable as can be done. The Zoning Administrator, for good cause, shall allow additional time for the completion of the well.

   34.   That an internal combustion engine or electrical equipment may be used in the drilling or pumping operations of the well, and if an internal combustion engine is used, that mufflers be installed on the mud pumps and engine so as to reduce noise to a minimum, all of said installations to be done in a manner satisfactory to the Fire Department and to the Zoning Administrator.

   35.   (None)

   36.   That not more than two (2) production tanks shall be installed for each producing well, neither one of which shall have a rated capacity in excess of one thousand (1,000) barrels; provided, however, that if in the opinion of the Zoning Administrator it is necessary in order to provide for the maximum safety of operations or to decrease the number of individual production tank settings on any property, the Zoning Administrator may increase the number of such production tanks to not more than three (3), having a greater capacity not to exceed two thousand (2,000) barrels each. The Zoning Administrator shall permit such wash tanks or heating facilities as may appear necessary to ship or remove production from the premises. The plans for said tank or tanks, including the plot plan showing the location thereof on the property, shall be submitted to and approved in writing by the Zoning Administrator before said tank or tanks and appurtenances are located on the premises; and that said tank or tanks and appurtenances shall be kept painted and maintained in good condition.

   37.   All waste substances such as drilling muds, oil, brine or acids produced or used in connection with oil drilling operations or oil production shall be retained in water-tight receptors from which they may be piped or hauled for terminal disposal in a dumping area specifically approved for such disposal by the Los Angeles Regional Water Pollution Control Board No. 4.

   38.   Any wells drilled shall be cased tight to bedrock or effective means satisfactory to the State Oil and Gas Supervisor used to prevent vertical movement of groundwater.

   39.   The applicant shall provide the Department of Water and Power and the State Oil and Gas Supervisor with a precise plot plan of the drilling plant and roads leading thereto, and to make such safeguards as the Department deems necessary to assure the safety of the existing 50" water main which crosses the district involved.

   40.   The Department of Water and Power of the City of Los Angeles shall be permitted to review and inspect methods used in the drilling and producing operations and in the disposal of waste, and shall have the right to require changes necessary for the full protection of the public water supply.

   41.   (None)

   42.   That the number of wells which may be drilled to any oil sand shall not exceed one (1) well to each five (5) acres in the district, but in no event shall there be more than one (1) well to each two and one- half acres.

   43.   That drilling, pumping and other power operations shall at all times be carried on only by electrical power and that such power shall not be generated on the controlled drilling site or in the district.

   44.   That an internal combustion engine or steam-driven equipment may be used in the drilling or pumping operations of the well, and, if an internal combustion engine or steam-driven equipment is used, that mufflers be installed on the mudpumps and engine; and that the exhaust from the steam-driven machinery be expelled into one of the production tanks, if such tanks are permitted, so as to reduce noise to a minimum, all of said installations to be found in a manner satisfactory to the Fire Department and Zoning Administrator.

   45.   That drilling operations shall be carried on or conducted in connection with only one well at a time in any one such district, and such well shall be brought in or abandoned before operations for the drilling of another well are commenced; provided, however, that the Zoning Administrator may permit the drilling of more than one well at a time after the discovery well has been brought in.

   46.   That all oil drilling and production operations shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to drilling for and production of oil, gas and other hydrocarbon substances. Proven technological improvements in drilling and production methods shall be adopted as approved by the Zoning Administrator, as they may become, from time to time, available, if capable of reducing factors of nuisance and annoyance.

   47.   That all parts of the drilling or service rig above the drilling or service rig floor not reasonably necessary for ingress and egress including the elevated portion thereof used as a hoist, shall be enclosed with fire-resistive soundproofing material approved by the Fire Department and the Zoning Administrator, and the same shall be painted or stained so as to render the appearance of said drilling or service rig as unobtrusive as practicable.

   48.   That all tools, pipe and other equipment used in connection with any drilling or production operations shall be screened from view, and all drilling operations shall be conducted or carried on behind a solid fence, which shall be maintained in good condition at all times and be painted or stained so as to render such fence as unobtrusive as practicable.

   49.   That no materials, equipment, tools or pipe used for either drilling or production operations shall be delivered to or removed from the controlled drilling site except between the hours of 8:00 o’clock a.m. and 6:00 o’clock p.m., on any day, except in case of emergency incident to unforeseen drilling or production operations, and then only when permission in writing has been previously obtained from the Zoning Administrator.

   50.   That no earthen sumps shall be used.

   51.   That within sixty (60) days after the drilling of each well has been completed, and said well placed on production, or abandoned, the drilling or service rig, all boilers and all other drilling equipment shall be entirely removed from the premises unless such drilling or service rig and appurtenant equipment is to be used within a reasonable time limit determined by the Administrator for the drilling of another well on the same controlled drilling site.

   52.   That no oil, gas or other hydrocarbon substances may be produced from any well hereby permitted unless all equipment necessarily incident to such production is completely enclosed within a building, the plans for said building to be approved by the Department of Building and Safety and the Fire Department. This building shall be of a permanent type, of attractive design and constructed in a manner that will eliminate as far as practicable, dust, noise, noxious odors and vibrations or other conditions which are offensive to the senses, and shall be equipped with such devices as are necessary to eliminate the objectionable features mentioned above. The architectural treatment of the exterior of such a building shall also be subject to the approval of the Administrator.

   53.   That no oil, gas or other hydrocarbon substances may be produced from any well hereby permitted where same is located within or immediately adjoining subdivided areas where ten (10) percent of the lots or subdivided parcels of ground, within one- half (1/2) mile radius thereof, are improved with residential structures, unless all equipment necessarily incidental to such production is countersunk below the natural surface of the ground and such installation and equipment shall be made in accordance with Fire Department requirements.

   54.   That there shall be no tanks or other facilities for the storage of oil erected or maintained on the premises and that all oil products shall be transported from the drilling site by means of an underground pipe line connected directly with the production pump without venting products to the atmospheric pressure at the production site.

   55.   That not more than two production tanks shall be installed on said drilling site, neither one of which shall have a rated capacity in excess of one thousand (1,000) barrels; that the plans for said tank or tanks, including the plot plans showing the location thereof on the property, shall be submitted to and approved in writing by the Administrator before said tank or tanks and appurtenances are located on the premises, and that said tank or tanks and appurtenances shall be kept painted and maintained in good condition at all times.

   56.   That any production tanks shall be countersunk below the natural surface of the ground and the installation thereof shall be made in accordance with safety requirements of the Fire Department.

   57.   That no refinery, dehydrating or absorption plant of any kind shall be constructed, established or maintained on the premises at anytime.

   58.   That no sign shall be constructed, erected, maintained or placed on the premises or any part thereof, except those required by law or ordinance to be displayed in connection with the drilling or maintenance of the well.

   59.   That suitable and adequate sanitary toilet and washing facilities shall be installed and maintained in a clean and sanitary condition at all times.

   60.   That any owner, lessee or permittee and their successors and assigns, must at all times be insured to the extent of one hundred thousand dollars ($100,000) against liability in tort arising from drilling or production, or activities or operations incident thereto, conducted or carried on under or by virtue of the conditions prescribed by written determination by the Zoning Administrator as provided in former Subsection H. of this section. The policy of insurance issued pursuant hereto shall be subject to the approval of the City Attorney, and duplicates shall be furnished to the City Attorney. Each such policy shall be conditioned or endorsed to cover such agents, lessees or representatives of the owner, lessee or permittee as may actually conduct drilling, production or incidental operations permitted by such written determination by the Administrator.

   61.   (None)

   62.   All onshore drilling and production installations or facilities shall be removed and the premises restored to their original conditions after all oil and gas wells have been abandoned, unless the City Planning Commission determines otherwise.

   63.   (None)

   64.   (None)

   G.   (None)

   H.   (None)

   I.   (None)

   J.   (None)

   K.   Maintenance of Drilling and Production Sites. The following regulations shall apply to existing nonconforming oil wells within the City of Los Angeles, including oil wells operating pursuant to any zone variance, whether by ordinance or approval of a Zoning Administrator, and all oil wells in an M3 Zone which are within 500 feet of a more restrictive zone, until such uses are required to cease operations pursuant to LAMC Section 12.23 C.4.:

   1.   All stationary drilling and service rigs, including their floors and foundations, shall be removed within 30 days after completion or abandonment of the well (notwithstanding any other provisions of this Code to the contrary).

   2.   The motors, engines, pumps and tanks of all such oil wells shall be sealed so that no offensive or obnoxious odor or fumes can be readily detected from any point on adjacent property.

   3.   The well pumping equipment for such wells shall be muffled or soundproofed so that the noise emanating therefrom, measured from any point on adjacent property, is no more audible than surrounding street traffic, commercial or industrial noises measured at the same point.

   4.   The maximum height of the pumping units for such wells shall not exceed 15 feet above existing grade level.

   5.   The site of such wells shall be so landscaped, fenced or concealed that the well and all of its appurtenant apparatus is reasonably protected against public entry, observation or attraction.

SEC. 13.02. “S” ANIMAL SLAUGHTERING DISTRICTS.

   A.   Application. The provisions of this section shall apply to the districts wherein animal slaughtering is permitted.

   B.   Conditions. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) In the ordinance establishing an animal slaughtering district, the Council may impose conditions as it deems necessary and proper. In its report to the Council relative to the establishment of a district, the City Planning Commission may suggest conditions for consideration.

   C.   (Initiative Ordinance No. 10,999, as amended by Ordinance No. 36,675, (N.S.) repealed by voters April 5, 1977).

   D.   Other Districts. In addition to the districts established by Subsection C. of this section, other districts within which animal slaughtering is permitted and the conditions applying thereto shall be subject to the approval of development plans by the Administrator. (Amended by Ord. No. 177,103, Eff. 12/18/05.)

   E.   Development Plans. Prior to the erection or enlargement of any building in any animal slaughtering district and prior to the development of an animal slaughtering plant in a new district established in accordance with the provisions in this section, plans for the use shall first be submitted to and approved by the Zoning Administrator. In approving the plans, the Zoning Administrator may require changes and additional improvements in connection with the proposed development as the Zoning Administrator deems necessary in order to give effect to the provisions of this section and to other provisions of this chapter relating to zoning, and which are not in conflict with the conditions specified in the ordinance establishing the district. Any determination by the Zoning Administrator may be appealed to the Area Planning Commission as provided for in Sec. 13B.2.2. (Class 2 Conditional Use Permit) of Chapter 1A of this Code. (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   F.   Permits – No permit shall be issued for the development of an animal slaughtering plant, or for the erection, enlargement or maintenance of buildings for animal slaughtering purposes, and no person shall perform any such development or construction work, except in full compliance with plans approved by the Administrator as herein provided.

SEC. 13.03. “G” SURFACE MINING OPERATIONS DISTRICTS.

   (Title and Sec. Amended by Ord. No. 173,106, Eff. 3/5/00.)

   A.   Purpose and Objectives. The City recognizes that the extraction of Minerals is essential to the continued economic well-being of the City and to the needs of society.

   It is the purpose of this section to:

   Establish reasonable and uniform limitations, safeguards, and controls in the City for the future production of Minerals to safeguard the public interest;

   Permit production in all Districts irrespective of the regulations of the Comprehensive Zoning Plan;

   Provide for the Reclamation of Mined Lands in order to prevent or minimize adverse effects on the environment and to protect the public health and safety;

   Recognize that Surface Mining Operations take place in diverse areas where the geologic, topographic, climatic, biological, and social considerations are significantly different;

   Recognize that Reclamation to return Mined Lands to a usable condition which is readily adaptable for alternative land uses are significantly different and that their specifications may vary accordingly;

   Ensure the continued availability of important Mineral resources, while regulating Surface Mining Operations as required by the Act;

   Effect practices which will provide for more economic conservation and production of Minerals; and

   Take into consideration the surface use of land, as such uses are indicated by:

   The value and character of the existing improvements within 500 feet of Districts where production is permitted;

   The desirability of the area for residential, recreation, watershed, wildlife, aesthetic enjoyment, or other uses; or

   Other factors directly relating to the public health, comfort, safety, and welfare in Districts.

   When the provisions of this section are more restrictive than the correlative state provisions, the provisions of this section shall control.

   B.   Definitions. The following definitions shall apply to this section:

   Abandonment of Operation. Failure to conduct Surface Mining Operations, either under Permit or as a Vested right, for a period of nine consecutive months.

   Act. The Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resources Code Section 2710 et seq.), as amended; Public Resources Code Section 2207 relating to annual reporting requirements; and State Board regulations for Surface Mining Operations and Reclamation practice (California Code of Regulations [CCR], Title 14, Division 2, Chapter 8, Subchapter 1, Sections 3500 et seq.)

   Borrow Pit. An excavation created by Surface Mining Operations of rock, unconsolidated geologic deposits, or soil to provide material (Borrow) for fill elsewhere.

   Commission.  (Added by Ord. No. 173,492, Eff. 10/10/00.) Commission shall mean the City Planning Commission.

   Completed Operations (Completion of Operations). When all rock and gravel in commercial quantities is entirely extracted, produced, and removed from a property within a District, or the operations allowed by Permit are Completed, whichever occurs first.

   District. Any Surface Mining Operations District established pursuant to the provisions of this section.

   Exploration. The search for Minerals by geological, geophysical, geochemical or other techniques, including but not limited to sampling, assaying, drilling, or other surface or underground works needed to determine the type, extent, or quality of Minerals present.

   Idle. Mineral production, with the intent to resume those Surface Mining Operations at a future date.

   Mined Lands. The surface, subsurface, and ground water of an area in which Surface Mining Operations will be, are being, or have been conducted, including private ways and roads appurtenant to any such area; land excavations; workings; Mining Waste; and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from, or are used in, Surface Mining Operations are located.

   Mineral. Any naturally occurring chemical element or compound or groups of elements and compounds formed from inorganic processes and organic substances, including but not limited to coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum. Minerals shall specifically include rock, sand, gravel, aggregate, and clay.

   Mining Waste. The residual of soil, rock, Mineral, liquid, vegetation, equipment, machines, tools, or other matters or property directly resulting from or displaced by Surface Mining Operations.

   Operator. Any Person who is engaged in Surface Mining Operations or who contracts with others to conduct Surface Mining Operations on the Person’s behalf, except a Person who is engaged in Surface Mining Operations as an employee with wages as the Person’s sole compensation.

   Overburden. Soil, rock, or other Minerals that lie above a natural Mineral deposit or in between Mineral deposits before or after their removal by Surface Mining Operations.

   Owner. The holder of fee title to property in a District, and lessees, Permittees, assignees, or successors in interest to the holder of fee title.

   Permit. Any formal authorization from, or approval by, a lead agency, the absence of which would preclude Surface Mining Operations.

   Permittees. Holder of a permit.

   Person. In addition to the definition contained in Section 11.01 of this Code, Person shall include any city, county, district, or the state of California, or any department or agency of and of them.

   Prospecting. Exploration.

   Reclamation. The combined process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from Surface Mining Operations, including adverse surface effects incidental to underground mines, so that Mined Lands are reclaimed to a usable condition which is readily adaptable for alternative land uses and create no danger to public health or safety. The processes may extend to affected lands surrounding Mined Lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, and/or other measures.

   SMARA. The Surface Mining and Reclamation Act of 1975, as amended. The Act.

   State Board. The state Mining and Geology Board in the Department of Conservation, State of California.

   State Geologist. The individual designated pursuant to Section 677 of the California Public Resources Code or any amendment to that Code.

   Stream Bed Skimming. Excavation of sand and gravel from stream bed deposits above the mean summer water level or stream bottom, whichever is higher.

   Surface Mining (Operations). All or any part of the process involved in the mining, quarrying, and/or excavating of Minerals on Mined Lands by removing Overburden and mining directly from the Mineral deposits; open pit mining of materials naturally exposed; mining by auger method, dredging, and quarrying; or surface work incidental to an underground mine. Surface Mining Operations shall also include, but are not limited to: processing of Minerals; in place distillation, retorting, or leaching; the production and disposal of Mining Wastes; Prospecting and exploratory activities; Borrow Pitting; Streambed Skimming; and segregation and stockpiling of mined Minerals and the recovery of same.

   Vested. A project that diligently commenced Surface Mining Operations and incurred substantial liabilities for work and materials, prior to January 1, 1976, in good faith and reliance upon an authorization, if one was required. Expenses incurred in obtaining the enactment of an ordinance or issuance of an authorization relating to a particular Surface Mining Operation shall not be deemed liabilities for work or materials.

   C.   Establishment of Districts.

   1.   The provisions of this section shall apply to Districts where Surface Mining Operations are Permitted. The Council may establish new Surface Mining Districts and alter the boundaries of Districts now or hereafter established, provided they are consistent with any existing Surface Mining Operations Permits.

   2.   For the boundaries of Districts, see the maps on file in the Planning Department.

   D.   Permits.

   1.   A Permit for Surface Mining Operations shall be issued only for property located in a Surface Mining District.

   2.   No Permit shall be required for those Persons who have obtained a Vested right to continue Surface Mining Operations prior to January 1, 1976. However, no substantial change may be made in the Surface Mining Operation without securing a new Permit. These Surface Mining Operations shall be subject to those limitations set forth in Subdivision 4. of this subsection, and any conditions imposed by the City Planning Commission (“Commission”) or Council on any pre-existing Permit.

   3.   No Person shall engage in Surface Mining Operations without having obtained a Permit issued by the Commission or Council to engage in Surface Mining Operations, approval of a Reclamation plan, and approved financial assurances for Reclamation.

   4.   All Surface Mining Operations, whether under Permit or Vested, shall be conducted subject to the following conditions:

   (a)   All equipment used in Surface Mining Operations shall be constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, noise, vibration, odor, smoke, dust, and the like, which are injurious or annoying to Persons living or working in the vicinity.

   (b)   No Surface Mining Operations shall be Permitted closer than 50 feet to the boundary of a District; closer than 500 feet to any residentially zoned property unless a landscaped berm is constructed and maintained along the property line, in which case the setback may be 50 feet; closer than 50 feet to the boundary of an adjoining property, unless Surface Mining Operations are Permitted on the adjoining property, in which case the property may be excavated to the property line with the written consent of the adjacent Owner; or closer than 50 feet to a Street (including an alley or walk), Highway, or freeway. If the Commission or Council finds that these criteria would be impracticable due to the small extent of the District, economically infeasible, or not required by the Surface Mining Operation, the Commission or Council may waive these requirements in whole or in part.

   (c)   No Surface Mining Operations from an open pit shall be Permitted which creates a final perimeter slope steeper than one foot horizontal to one foot vertical.

   (d)   Surface Mining Operations shall be conducted in accordance with applicable standards of the Regional Water Quality Control Board and/or any other agency with jurisdiction over water quality

   (e)   Mined Lands shall be enclosed along their exterior by a fence, wall, landscaping, berm, or combination of these features, which shall screen the Surface Mining Operations from adjoining property. Enclosures shall be designed, constructed, and maintained to be consistent with the Flood Hazard Management Specific Plan. If the Commission determines that the enclosure would be impracticable because of the location of the Mined Lands in the bed or flood channel of a wash or water course, or because one or more boundaries are located immediately adjacent to M2 or less restrictively zoned property, this requirement may be waived by the Commission.

   (f)   Whenever production on any Property is Abandoned or Surface Mining Operations Completed, all plants, buildings, structures (except fences), and equipment shall be entirely removed from the property, and all stockpiles shall be removed or backfilled into the pit within one year of Abandonment of Operations or completion of Surface Mining Operations. This provision shall not apply to any plants, buildings, structures, or equipment whenever any rock and gravel or other Minerals are available in the same District from other properties owned by the Operator which is processing by or through any of these plants, buildings, structures, or equipment.

   (g)   No Surface Mining Operations shall be conducted on any property except between the hours of 6 a.m. and 8 p.m., except in case of an emergency or whenever any reasonable or necessary repairs to equipment are required to be made. Surface Mining Operations in an M-3 zone and more than 1,200 feet from any residential use may be conducted between the hours of 5 a.m. and 10 p.m.

   (h)   Every Operator, before commencing Surface Mining Operations within any District, shall be insured to the extent of $500,000 against liability arising from Surface Mining Operations or activities incidental to them. The insurance shall be kept in full force and effect during the period of Surface Mining Operations, including Reclamation.

   (i)   In granting Surface Mining Operations Permits, the Commission or Council:

   (1)   Shall impose other and further conditions and limitations regarding Surface Mining Operations as are set forth in the General Plan and any applicable specific plans. Special emphasis shall be given to applicable community plans.

   (2)   Shall impose other and further conditions as are authorized by the Act, are authorized by policies adopted by the State Board, or which are necessary for the public health, safety, and welfare.

   (3)   May impose other conditions to address the circumstances of any individual District or its surroundings. In the case of conflicts between the conditions of this section and those of Subparagraphs (1) and (2) above, the more restrictive shall control.

   E.   Application. An application for a Permit to conduct Surface Mining Operations shall contain at a minimum the following information:

   1.   Site Analysis:

   (a)   A comprehensive soils engineering and engineering geologic investigation report prepared by a registered civil engineer and a certified engineering geologist, who shall not be employees of the applicant. The report shall indicate the type and features of Overburden and Minerals expected to be extracted and Mining Waste generated by the proposed Surface Mining Operations, and recommendations relative to setbacks, slopes, and excavations.

   (b)   A geographic report which shall include a recent aerial photograph of the site of the proposed Surface Mining Operations, and a map or maps and notes which illustrate the following:

   (1)   Property lines and lease lines, including a legal description of the site.

   (2)   The existing topography of the site and land within 500 feet of the site, and any structures, watercourses, levees, drainage facilities, utility easements and facilities, roads, and driveways existing within this area.

   (3)   The location and condition of any Abandoned pits and previously mined areas on the site.

   (4)   Any other information that may be required to adequately characterize the site.

   2.   Operations Analysis:

   (a)   A description of the proposed Surface Mining Operations in all of its phases. The document shall include the following:

   (1)   A phasing plan and schedule showing the approximate starting date, the proposed increments of extraction, and the sequence in which these increments will be accomplished.

   (2)   A map of the areas to be excavated and typical cross sections of slopes to be formed or modified.

   (3)   The depth of all proposed excavations.

   (4)   The location of all proposed structures, including processing plants and appurtenant equipment and fences, and their various relocation sites, where these facilities are proposed to be relocated during the Permit period.

   (5)   Existing vegetation.

   (6)   Landscaping to be provided, if any, in addition to that indicated on the Reclamation plan.

   (7)   Details of plans for storage of Overburden and Mining Waste, including maps showing areas anticipated to be used for storage.

   (8)   Proposed points for ingress and egress, haul roads, driveways, and parking areas on the site.

   (b)   A drainage and erosion control plan. This document shall illustrate the following:

   (1)   The location and approximate depth of proposed settling basins, desilting ponds, recycling ponds, and other bodies of water. Where these facilities are proposed to be relocated over the course of the life of the Permit, their various proposed locations shall be shown.

   (2)   The historic groundwater level and anticipated annual fluctuation of water levels in all areas to be excavated.

   (3)   Methods to be taken for the disposition of drainage and for the control of erosion and sedimentation.

   (4)   Provisions to be taken for the conservation and protection of groundwater.

   (5)   Approvals obtained or required from the appropriate Regional Water Quality Control Board.

   (6)   Any other information that may be required to adequately characterize drainage and erosion.

   (c)   A vehicular access plan. This document shall illustrate the following:

   (1)   The points of ingress and egress to the site; the Streets and Highways to be used by vehicles going to and coming from the site; and the type, size, and number of vehicles anticipated on a daily basis.

   (2)   Minimizing or precluding additional vehicular traffic over local residential Streets.

   (d)   Any other information that may be required to adequately characterize vehicular access.

   3.   Reclamation Plan:

   (a)   If portions of the information and documentation is included in the site analysis and/or operations analysis, the Reclamation plan may refer to the site analysis and/or operations analysis. The Reclamation plan shall include:

   (1)   The names and addresses of the Operator.

   (2)   The names and addresses of each Owner of any interest in the site on which Surface Mining Operations are or will be operated, the names and addresses of any Persons designated by the Operator as the Operator’s agents for the service of process, and the name and address of the managing employee.

   (3)   The anticipated quantity and type of Minerals to be extracted.

   (4)   The estimated time schedules for initiation and termination of Surface Mining Operations. An Operation under a Vested right shall also include a description of Surface Mining Operations occurring subsequent to January 1, 1976, including the type and quantity of Minerals extracted and location and depth of the surface drilling operations.

   (5)   The maximum anticipated depth of Surface Mining Operations.

   (6)   The size and legal description of lands that will be affected by the anticipated Surface Mining Operation (affected lands shall include as a minimum all land within 500 feet of the Surface Mining Operation); a map that includes the boundaries and topographic details of these lands; a description of the general geography of the area; a detailed report of the geology and hydrology of the area in which Surface Mining Operations are to be conducted; the location of all streams, roads, railroads, and utility easements and facilities within and adjacent to these lands; the location of all proposed access roads to be constructed in conducting these Surface Mining Operations; and the names and addresses of the Owners of all surface interests and Mineral interests in the lands.

   (7)   A description of the anticipated Surface Mining Operations and an estimated time schedule showing anticipated completion of each segment of these Surface Mining Operations, so that Reclamation can be initiated at the earliest possible time on those portions of the Mined Lands that will not be subject to further disturbance by the Surface Mining Operations.

   (8)   A description of the proposed use or potential uses of the Mined Lands after Reclamation; the consent of the Owner to the Reclamation and proposed use; and evidence that all Owners of a possessory interest in the land have been notified of the proposed use or potential uses.

   (9)   A description of the manner in which Reclamation of the land, adequate for the proposed use or potential uses, will be accomplished, including:

   (i)   The manner in which contaminants will be controlled and Mining Waste will be disposed of.

   (ii)   The manner in which rehabilitation of affected stream channels and stream banks to a condition minimizing erosion and sedimentation will occur.

   (iii)   A topographic map showing final contours of the property after Reclamation.

   (iv)   A diagram showing how Reclamation will be coordinated with the Surface Mining Operations.

   (v)   A plan showing the types and location of revegetation to be used as part of the Reclamation.

   (vi)   A ground water hydrology plan and a surface water drainage plan.

   (vii)   An estimate of the cost of Reclamation.

   (viii)   An assessment of the effect the proposed Reclamation activity may have on future mining in the area.

   (ix)   The Person submitting a Reclamation plan shall prepare and sign a statement accepting responsibility for reclaiming the Mined Lands in accordance with the Reclamation plan. This statement shall be kept by the Department of City Planning (“Department”) in the Operator’s permanent record. Upon sale or transfer of the Surface Mining Operation, the new Operator shall prepare and submit a signed statement of responsibility to the Department for placement in the permanent record.

   (x)   The Reclamation plan shall be applicable to a specific piece of property or properties; shall be based upon the character of the surrounding area and characteristics of the property such as type of Overburden, soil stability, topography, geology, climate, stream characteristics, and principal Mineral commodities; and shall establish site-specific criteria for evaluating compliance with the approved Reclamation plan, including topography, revegetation, and sediment and erosion control.

   (xi)   The environmental setting of the site of Operations and the effect that possible alternate reclaimed site conditions may have upon the existing and future uses of surrounding lands.

   (xii)   The impact on the public health and safety, giving consideration to the degree and type of present and probable future exposure of the public to the site.

   (xiii)   The designed steepness and proposed treatment of Mined Lands’ final slopes shall take into consideration the physical properties of the slope material, its probably maximum water content, landscaping requirements, and other factors. In all cases, Reclamation plans shall specify slope angles flatter than the critical gradient for the type of material involved. Whenever final slopes approach the critical gradient for the type of material involved, an engineering analysis of slope stability shall be required. Special emphasis shall be placed on slope stability and design when public safety or adjacent property may be affected.

   (xiv)   Areas mined to produce additional materials for backfilling and grading, as well as settlement of filled areas. Where ultimate site uses include roads, building sites, or other improvements sensitive to settlement, the Reclamation plan shall include compaction of the fill materials in conformance with Section 91 of the Municipal Code.

   (xv)   Disposition of old equipment.

   (xvi)   Temporary stream or watershed diversions.

   (xvii)   All Reclamation plans shall comply with the Act. Reclamation plans approved after January 15, 1993; Reclamation plans for proposed new Surface Mining Operations; and any substantial amendments to previously approved Reclamation plans shall also comply with performance standards of the Act.

   (xviii)   Any other information that may be required to adequately characterize the Reclamation.

   (b)   Time for Performance.

   (1)   Reclamation activities shall be initiated at the earliest possible time on those portions of the Mined Lands that will not be subject to further disturbance.

   (2)   Interim Reclamation may be required for Mined Lands that have been disturbed and that may be disturbed again in future Surface Mining Operations.

   (3)   Phasing:

   (i)   Reclamation may be done on an annual basis, in stages compatible with continuing Surface Mining Operations, or on completion of all excavation, removal, or fill, as approved by the Commission or Council.

   (ii)   Each phase of Reclamation shall be specifically described in the Reclamation plan, and shall include the beginning and ending dates for each phase, all Reclamation activities required, criteria for measuring completion of specific Reclamation activities, and estimated costs for each phase of Reclamation.

   (4)   The Reclamation plan shall be implemented no later than six months after Surface Mining Operations are Completed, or a Permit or Vested right to conduct surface Mining Operations has been Abandoned.

   (c)   Financial Assurances.

   (1)   To ensure that Reclamation will proceed in accordance with the approved Reclamation plan, the City shall require as a condition of approval financial assurances which will be released upon satisfactory performance. The applicant may pose security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, or other method satisfactory to the City Attorney and State Board as specified in state regulations; and which the City reasonably determined is adequate to perform Reclamation in accordance with the Surface Mining Operation’s approved Reclamation plan. Financial assurances shall be made payable to the City of Los Angeles and the state Department of Conservation.

   (2)   Financial assurances shall be required to ensure compliance with elements of the Reclamation plan, including but not limited to revegetation and landscaping requirements, restoration of aquatic or wildlife habitat, restoration of water bodies and water quality, slope stability and erosion and drainage control, disposal of hazardous materials, and other measures if necessary.

   (3)   Cost estimates for financial assurances shall be submitted to the Department for review and approval prior to the Operator securing financial assurances. The Director shall forward a copy of the cost estimates, together with any documentation received supporting the amount of cost estimates, to the state Department of Conservation for review. If the state Department of Conservation does not comment within 45 days of receipt of these estimates, it shall be assumed that the cost estimates are adequate, unless the City has reason to determine that additional costs may be incurred. The Director shall have the discretion to approve the financial assurance if it meets the requirements of this section and the Act.

   (4)   The amount of the financial assurance shall be based upon the estimated costs of Reclamation for the years or phases stipulated in the approved Reclamation plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by Surface Mining Operations in the upcoming year. Cost estimates should be prepared by a California registered Professional Engineer and/or other similarly licensed and qualified professionals retained by the Operator and approved by the Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of water bodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation plan shall be based upon cost estimates that include but may not be limited to labor, equipment, materials, mobilization of equipment, administration, and reasonable profit by a commercial Operator other than the Permittee. A contingency factor of ten percent shall be added to the cost of financial assurances.

   (5)   In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the Surface Mining Operation could be Abandoned by the Operator, and consequently, the City or state Department of Conservation may need to contract with a third party commercial company for Reclamation of the site.

   (6)   The financial assurances shall remain in effect for the duration of the Surface Mining Operation and any addition- al period until Reclamation is Completed, including any maintenance required.

   (7)   The amount of financial assurances required of a Surface Mining Operation for any one year shall be adjusted annually to account for new lands disturbed by Surface Mining Operations, inflation, and Reclamation of lands accomplished in accordance with the approved Reclamation plan. The financial assurances shall include estimates to cover Reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the Permittee may not claim credit for Reclamation scheduled for completion during the coming year.

   (8)   Revisions to financial assurances shall be submitted to the Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim Reclamation. If revisions to the financial assurances are not required, the Operator shall explain, in writing, why revisions are not required.

   (9)   Any other information that may be required to adequately characterize the financial assurances.

   4.   Environmental analysis as required by the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines.

   F.   Procedure.

   1.   The application for Permit shall be processed as provided in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code for conditional uses under the jurisdiction of the Commission, except that the notification radius shall be 1,500 feet from the exterior perimeter of the proposed project site. The application is further subject to the exceptions of Subdivisions 2. through 5. of this Subsection (procedures for state review). (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   2.   Within 30 days of the date the application is determined to be complete, a copy of the site analysis, operations analysis, and Reclamation plan shall be sent to the state Department of Conservation.

   3.   Whenever Surface Mining Operations are proposed in the 100- year floodplain, as shown in Zone A of the Flood Insurance Rate Maps issued by the Federal Emergency Management Agency, and within one mile, upstream or downstream, of any state highway bridge, within 30 days of the date the application is determined to be complete, a copy of the site analysis, operations analysis, and Reclamation plan shall be sent to the state Department of Transportation.

   4.   State Department of Conservation.

   (a)   Prior to taking any action to approve, conditionally approve, or deny an application submitted under this section, the Commission or Council shall certify to the state Department of Conservation that the site analysis, operations analysis, Reclamation plan, and financial assurances comply with the applicable requirements of state law, and shall submit them to the state Department of Conservation for review.

   (b)   The state Department of Conservation is allowed 30 days under state law to review and comment on the site analysis, operations analysis, and Reclamation plan. The state Department of Conservation is allowed 45 days under state law to review and comment on the financial assurances. Time limits of this code shall be suspended during these comment periods.

   (c)   If the state Department of Conservation fails to comment within the statutory time periods, the Commission or Council shall not interpret this failure as either approval or disapproval of the site analysis, operations analysis, Reclamation plan, or financial assurances.

   5.   Evaluation of Comments.

   (a)   The Commission or Council shall evaluate any written comments by the state Department of Conservation received during the statutory comment periods. Time limits of this code shall be suspended during the Commission’s or Council’s evaluation.

   (b)   A written response to the state Department of Conservation’s comments shall be prepared for the Commission’s or Council’s approval. If the Commission’s or Council’s position differs from the Department of Conservation’s comments, the written response shall address in detail why specific comments were not accepted.

   (c)   Copies of any written comments received, and responses prepared, by the Commission or Council shall be promptly forwarded to the Owner and/or Operator.

   6.   Commission or Council Decision. Within 30 days of the date of Paragraph (b) of Subdivision 5. above (regarding the Commission’s or Council’s responses to the state Department of Conservation), the Commission or Council shall approve, conditionally approve, or deny the site analysis, operations analysis, Reclamation plan, and/or financial assurances.

   7.   A Permit shall not be effective until 15 days after approval by the Commission, or after approval by the Council if the Council approval is a result of an appeal or transfer of jurisdiction.

   G.   Findings. In addition to the findings set forth in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code, a Permit shall be approved if the Commission or Council finds: (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   1.   that the project complies with the Act and with the policies of the State Board for Surface Mining Operations;

   2.   that the proposed Surface Mining Operations will not be detrimental to the public health, safety, and welfare;

   3.   that the proposed Surface Mining Operations are in substantial conformance with the purposes, intent and provisions of the Open Space and the Conservation Elements of the General Plan;

   4.   that the drainage and erosion control plan is adequate to protect the public health, safety, and welfare;

   5.   that the vehicular access plan is adequate to protect the public health, safety, and welfare;

   6.   that the project substantially conforms with the purposes, intent and provisions of the General Plan, the applicable community plan, and with any applicable specific plan;

   7.   that a written response to the State Department of Conservation has been prepared, describing the disposition of major issues raised by the Department of Conservation, and where the City’s position differs from the recommendations and objections raised by the Department of Conservation, the response has addressed, in detail, why specific comments and suggestions were not accepted; and

   8.   that regarding the Reclamation plan:

   (a)   that it complies with the Act and with the policies of the State Board for Reclamation practice;

   (b)   that it is compatible with and shall not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, welfare, and safety;

   (c)   that the land and/or resources such as water bodies to be reclaimed will be restored to a condition that is compatible, and blends in with the surrounding natural environment, topography, and other resources; or that suitable off-site development will compensate for related disturbance to resource value; and

   (d)   that the Reclamation plan will restore the Mined Lands to a usable condition that is in substantial conformance with the purposes, intent and provisions of the Open Space and Conservation Elements of the General Plan.

   H.   Appeal.  (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   1.   The signing of statements required by Subsection G. of this section shall not in any way affect rights to appeal the determination in whole or in part.

   2.   Appeals shall be processed as provided in Sec. 13B.2.3. (Class 3 Conditional Use Permit) of Chapter 1A of this Code for conditional uses under the jurisdiction of the Commission.

   3.   An applicant whose request for a Permit to conduct Surface Mining Operations in an area of statewide or regional significance (as determined by the State Board) has been denied, or any Person who is aggrieved by the granting of a Permit in an area of statewide or regional significance, shall have rights of appeal to the State Board as may be granted by the Act. In the case of conflicts between the determination of the Commission or Council and the determination of the State Board, the determination of the State Board shall control.

   I.   Exceptions. A Permit, financial assurances, and Reclamation plan are not required for:

   1.   Excavation or grading conducted for farming or on-site construction, or for the purpose of restoring land following a flood or a natural disaster.

   2.   Prospecting or Exploration for Minerals of commercial value where Overburden in the amount of less than 1,000 cubic yards is removed in any one location of one acre or less.

   3.   Prospecting for, or the extraction of, Minerals for commercial purposes, and the removal of Overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

   4.   Surface Mining Operations that are required by federal law in order to protect a mining claim, if the Operations are conducted solely for that purpose.

   5.   Other Surface Mining Operations as the Commission determines to be of an infrequent nature, involve only minor surface disturbances, and are identified by the State Board pursuant to the Act.

   6.   Onsite excavation and onsite earth-moving activities which are an integral and necessary part of a construction project, which are undertaken to prepare a site for construction of structures, landscaping, or other land improvements, including the related excavation, grading, compaction; or creation of fills, road cuts, and embankments, whether or not surplus materials are exported from the site, subject to all of the following conditions:

   (a)   All required permits for the construction, landscaping, or related land improvements have been approved by a public agency in accordance with applicable provisions of state law and locally adopted plans and ordinances. This provision shall include compliance with CEQA and the City’s CEQA Guidelines.

   (b)   The City’s approval of the construction project included consideration of the onsite excavation and onsite earth-moving activities pursuant to CEQA and the City’s CEQA Guidelines. In those instances where CEQA analysis has not otherwise been applied to the project, the procedures, although not the threshold, of Section 91.7006.8 (CEQA grading review) of the Municipal Code shall be followed.

   (c)   The approved construction project is consistent with the General Plan and zoning of the site.

   (d)   Surplus materials shall not be exported from the site unless and until actual construction work has commenced. Export shall cease if it is determined that construction activities have terminated, have been indefinitely suspended, or are no longer being actively pursued, except as provided in the procedures, although not the threshold, of Section 91.7006.7.4 (CEQA grading review) of the Municipal Code.

   7.   Operation of a plant site used for Mineral processing, including associated onsite structures, equipment, machines, tools, or other materials, including the onsite stockpiling and onsite recovery of mined Minerals, subject to all of the following conditions:

   (a)   The plant site is located in an area designated in the Land Use Element of the General Plan with a designation corresponding to the M3 Zone.

   (b)   The plant site is located on land zoned M3.

   (c)   None of the materials being processed are being extracted onsite; and

   (d)   All Reclamation work has been Completed pursuant to the approved Reclamation plan for any Mineral extraction activities that occurred before January 1, 1976.

   8.   The solar evaporation of sea water or bay water for the production of salt and related Minerals.

   9.   Emergency excavations or grading conducted by the state Department of Water Resources or the Reclamation Board for the purpose of averting, alleviating repairing, or restoring damage to property due to imminent or recent floods, disasters, or other emergencies, and

   10.   Persons who have obtained a Vested right to continue Surface Mining Operations prior to January 1, 1976, providing that:

   (a)   No substantial change may be made in the Surface Mining Operation without securing a new Permit. The Surface Mining Operations shall be subject to those limitations set forth in this section, and to any conditions imposed by the Commission or Council in any pre-existing Permit or authority to conduct the Operations.

   (b)   Persons with Vested rights shall submit to the Commission within six months after receipt of notice from the City a Reclamation plan for lands mined after January 1, 1976. The Reclamation plan shall be subject to review, hearing and approval by the Commission as provided in Subsection F. of this section.

   (c)   However, where a Person with Vested rights has continued Surface Mining Operations in the same area subsequent to January 1, 1976, the Person with Vested rights shall obtain the commission’s approval or the approval of council on appeal of a Reclamation plan covering the Mined Lands disturbed by the subsequent Surface Mining Operations. In those cases where an overlap exists (in the horizontal and/or vertical sense) between pre-and post-Act mining, the Reclamation plan shall call for Reclamation proportional to that disturbance caused by the Mining Operations after the effective date of the Act.

   (d)   All other requirements of state law and this section shall apply to Vested Surface Mining Operations.

   11.   Nothing in this section shall be construed as requiring the reapproval of a Reclamation plan which is in substantial conformity with the Act, approved prior to the effective date of this section.

   J.   Amendments. Amendments or changes to an approved Permit or Reclamation plan shall be submitted to the Commission and shall become effective only if approved by the Commission. Substantial deviations from the approved Permit or Reclamation plan shall be processed in the same manner as provided for in Subsection F. of this section.

   K.   Public Record. Reclamation plans, reports, applications for Permits, and other documents as described in Section 2778 of the Public Resources Code are public records unless it can be demonstrated to the satisfaction of the Commission that the release of all or part of the information would reveal production reserves or rate of depletion entitled to protection as proprietary information. Proprietary information shall be made available only to the State Geologist and to Persons authorized in writing by the Operator and/or the Owner.

   L.   Successors. Each subsequent Owner and/or Operator of a premise covered by a Permit, whether by sale, assignment, transfer, conveyance, exchange, or other means, shall be bound by the provisions of the approved Reclamation plan, the provisions of this section, and the Act.

   M.   Inspections.

   1.   The Director shall inspect each Surface Mining Operation at least once a year, within six months of receipt of the annual report required in Subsection O. of this section, to determine whether the Surface Mining Operation is in compliance with the approved site analysis, operations analysis, and/or Reclamation plan; approved financial assurances; and state regulations. The inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state- registered professional forester, who is experienced in land Reclamation of the type described in the Reclamation plan, and who has not been employed by the Surface Mining Operation in any capacity during the previous 12 months; or other qualified specialists, as selected by the Director. All inspections shall be conducted using a form approved by the State Board. A fee as established by Section 19.01 I. of this Code shall be charged for this inspection. The Department shall transmit a copy of the inspection report to the state Department of Conservation within thirty days of completion of the inspection.

   2.   The Director may authorize the Superintendent of Building to inspect each Surface Mining Operation at least once a year. An annual inspection fee as established by Section 98.0402(e)3 of this Code shall be collected by the Superintendent. An inspection may also be made by the Superintendent whenever a complaint is received by the Superintendent concerning a violation of the municipal code and/or its Permit. The Superintendent shall send notice of the inspection, and the Superintendent’s findings, to the Director within five days of the performance of the inspection.

   3.   If a Surface Mining Operation inspected by the Superintendent of Building is found to be in violation of any provision of the municipal code and/or its Permit, the Superintendent shall send a notice to comply to the Operator within two weeks of the inspection, in accordance with the provisions of Sec. 13B.10.1. (General Provisions) of Chapter 1A of this Code. The notice to comply shall clearly state the following: (Amended by Ord. No. 187,712, Eff. 1/23/23, Oper. 1/22/24; Ord. No. 187,930, Eff. 7/7/23.)

   (a)   The violation shall be corrected by a compliance date specified in the notice, and shall be no more than 30 days from the date the notice is mailed.

   (b)   The compliance date as specified in the notice may be extended for no more than 45 days if the Operator presents satisfactory evidence to the Superintendent of Building that unusual difficulties prevent substantial compliance without an extension.

   N.   Interim Management Plan.

   1.   Within 90 days of a Surface Mining Operation becoming Idle, the Operator shall submit to the Department a proposed Interim Management Plan (IMP.) The proposed IMP shall fully comply with the requirements of the Act, and shall provide measures the Operator will implement to maintain the site in a stable condition, taking into consideration public health and safety. The proposed IMP shall be processed in accordance with the provisions of Subsection J. of this section (amendments). IMPs shall not be considered a project for the purposes of complying with CEQA and the city’s CEQA Guidelines.

   2.   Financial assurances for Idle operations shall be maintained as though the operation were active.

   3.   Upon receipt of a complete proposed IMP, the Department shall forward the IMP to the state Department of Conservation for review. The IMP shall be submitted to the state Department of Conservation at least 30 days prior to approval under Subsection J. of this section (amendments).

   4.   Within 60 days of the receipt of the IMP, or a longer period mutually agreed upon by the Director and the Operator, the IMP shall be reviewed and approved, conditionally approved, or denied.

   5.   The IMP shall remain in effect for a period not to exceed five years, at which time the Commission may renew the IMP for another period not to exceed five years, or require the Surface Mining Operator to begin Reclamation in accordance with its approved Reclamation plan.

   O.   Annual Report. Surface Mining Operators shall forward an annual Surface Mining Operations report to the state Department of Conservation and to the Department on a date established by the state Department of Conservation, upon forms furnished by the State Board. New Surface Mining Operations shall file an initial Surface Mining Operations report and any applicable filing fees with the state Department of Conservation within 30 days of Permit approval, or before commencement of operations, whichever is sooner. Any applicable fees, together with a copy of the annual inspection report, shall be forwarded to the state Department of Conservation at the time of filing the annual Surface Mining Operations report.

SEC. 13.04. “RPD” RESIDENTIAL PLANNED DEVELOPMENT DISTRICTS.

   (Amended by Ord. No. 141,474, Eff. 2/27/71.)

   *A.   Purpose – The purpose of the regulations set forth in this section is to provide for the establishment and control of residential planned developments. It is the intent of this section to promote and achieve greater flexibility in design, to encourage well-planned neighborhoods with adequate open space which offer a variety of housing and environments through creative and imaginative planning as a unit, to increase housing opportunities for low and moderate income households, and provide for the most appropriate use of land through special methods of development. (Amended by Ord. No. 145,927, Eff. 6/3/74.)

* If any provision of this ordinance, or the application thereof to any person, property or circumstance, is held invalid, the remainder of this ordinance, or the application of such provisions to other persons, property or circumstances, shall not be affected thereby.

   B.   Application. The provisions of this section shall apply to districts wherein residential planned developments are permitted.

   C.   Requirements for Filing. Each application for the establishment of an RPD District shall be accompanied by a preliminary plot plan of the proposed development showing the expected locations and arrangement of lots, structures, streets, driveways, easements, open space, parks, schools, and so forth. Such plans shall indicate the layout of the proposed development, and its appearance, characteristics and compatibility with the City’s General Plan and existing local conditions.

   In addition to the foregoing, each application for the establishment of an RPD District in “H” Hillside or Mountainous Areas shall be accompanied by the following:

   1.   Detailed Topographic Survey. The topographic survey shall include an accurate topographic survey at a minimum scale of 1” = 100' with contour intervals of 5 and 25 feet. Such survey shall accurately indicate the location of the property lines.

   2.   Basic Preliminary Grading Plan. The preliminary grading plan shall be prepared by a licensed civil engineer. This plan shall be at a minimum scale of 1” = 100' and shall include the following:

   a.   Tract number

   b.   Legal description.

   c.   Names, addresses and telephone numbers of the record owner, subdivider and design engineer.

   d.   North arrow, engineering scale and date.

   e.   The widths and approximate grades of existing and proposed rights of way within and adjacent to the property involved

   f.   Locations, widths and approximate grades of existing and proposed highways and streets.

   g.   Lot layout, approximate dimensions, proposed elevation and number of each lot.

   h.   Existing and proposed contours of the land.

   i.   Proposed method of sewage disposal and drainage.

   j.   Existing and proposed zoning.

   3.   Preliminary Geological and Soils Engineering Reports. These reports shall be sufficiently detailed to provide a basis for a reasonable evaluation of geological and soils conditions on and adjacent to the site of the proposed RPD, and shall contain as a minimum the following:

   a.   A geologic map showing all exposures of rock soil and alluvium, fill, landslides, slumps, zones of bedrock and soil creep, suspected fault and shear zones, joints and fractures. The geologic map must be based upon an accurate topographic map or the preliminary grading plans upon a scale commensurate with items 1 and 2 above, and reflect careful attention to the bedrock and soil types present and the geologic structure, either exposed or inferred by other geological data obtained on the site.

   b.   A geologic report including definite statements, conclusions and recommendations concerning the following:

   (1)   Location and general setting with respect to major geographic and/or geologic features.

   (2)   Topography and drainage in the subject area

   (3)   Abundance, distribution, and general nature of exposures of earth materials within the area

   (4)   A reasonable evaluation and prediction of the performance of any proposed cut and fill slopes in relation to geological conditions.

   (5)   An evaluation of existing and anticipated surface and subsurface water circulation in terms of the proposed development.

   (6)   Recommendations concerning future detailed subsurface exploration.

   c.   A preliminary soils engineering report, based upon an examination of the site in sufficient detail to provide the following:

   (1)   General anticipated bearing characteristics of earth materials.

   (2)   Lateral stability of earth materials, especially fill slopes.

   (3)   Problems of excavation and fill placement.

   (4)   Handling of seepage water, soil stripping and special treatment of soils on the site.

   (5)   Evaluation of deep canyon fills, side hill fills and any special preparation of areas in which fill is to be placed.

   (6)   Estimation of the swell characteristics of earth materials and special design problems that may be anticipated.

   (7)   Delineation in general of all areas where future subsurface exploration sampling and testing may be necessary.

   Sufficient copies of the above maps, plans and reports shall be provided by the applicant for the purpose of distribution to members of the Subdivision Committee. The required plans and data shall be directed to the Advisory Agency for analysis, report and recommendation by the Subdivision Committee on all matters within the purview of said Committee. the Committee members shall, within 40 calendar days of the filing of the application for an RPD District, transmit their reports and recommendations to the Advisory Agency. Within ten calendar days thereafter, the Advisory Agency shall transmit the report and recommendation to the Subdivision Committee of the Planning Commission. However on an application for the establishment of an RPD District in “H” Hillside or Mountainous Areas those time limits may be extended by mutual consent of the applicant and the Advisory Agency. (Amended by Ord. No. 142,117, Eff. 7/31/71.)

   Where a proposed development constitutes a portion of a single ownership which is to be developed in phases, the applicant shall submit a projected general plan of land use, circulation and anticipated sequence of development for the entire ownership. Said plan shall be of sufficient detail to indicate the proposed relationship of the entire development and individual phases thereof to the General Plan of the area and to existing adjoining development and proposed adjoining development which has been approved by the City.

   D.   Establishment of District and Other Requirements – In order to achieve the purpose of a residential planned development and to assure that such establishment will substantially comply with the applicable elements of the City General Plan, the RPD District shall be subject to the following requirements:

   1.   Establishment of District Height and Area Regulations. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) The Council shall in the ordinance establishing an RPD District also establish the density area regulations, and height regulation applicable to the district. The height and area regulations, including peripheral setbacks, of the zone in which the land is located, shall not apply to structures, buildings and lots in an approved RPD District. However, the setback requirements of the zone in which the RPD District is located shall be the minimum setback from the periphery required for structures and buildings within the RPD District itself. Whenever the City Planning Commission recommends that the Council adopt an ordinance establishing an RPD District, it shall also recommend maximum density, height and area limitations, including peripheral setbacks, and shall transmit to the Council the recommended plan of development for the entire proposed development. At the time the Council is considering the establishment of an RPD District, it shall submit to the City Planning Commission for report and recommendation any revised or alternative development plans submitted by the applicant prior to final action. The Commission shall act on a revised or alternate plan within 50 days of receipt of the file from the Council. Should the City Planning Commission fail to act within the 50 days, the applicant may request transfer of jurisdiction to the Council.

   2.   Density. The ordinance establishing an RPD District shall contain a number suffixed with said district symbol which shall be indicated within the boundaries of each zone classification within such district. Said number shall be the average number of dwelling units permitted per acre of land, exclusive of public streets, in the residential planned development, or portion thereof, e.g. RPD–1, RPD–2, etc. Such designation or designations shall be indicated upon the Zoning Map. In any RPD District, or differently zoned portion thereof, the average number of dwelling units per acre of land, or fraction thereof, exclusive of public streets, shall not exceed the maximum number of dwelling units permitted by the underlying zone or zones within such district or portion thereof, pursuant to the following schedule:

Zone	Detached Single Family Dwellings	or	Townhouses	or	Dwelling Units in Apartments
RE 40	1.0	“	–	“	–
RA; RE 20	2.0	“	2.0	“	–
RE 15	2.9	“	2.9	“	–
RE 11	3.9	“	3.9	“	–
RE 9	4.8	“	4.8	“	–
RS	5.8	“	5.8	“	–
R1	8.7	“	8.7	“	–
RU	12.4	“	12.4	“	–
RD 6	–	“	7.0	“	7.0
RD 5	–	“	8.7	“	8.7
RD 4	–	“	10.8	“	10.8
RD 3	–	“	14.5	“	14.5
RZ 2.5	17.4	“	17.4	“	–
R2	–	“	17.4	“	–
RD 2	–	“	18.6	“	21.7
RD 1.5	–	“	18.6	“	29.0
R3	–	“	32.6	“	36.0
R4	–	“	32.6	“	54.0

(Amended by Ord. No. 161,716, Eff. 12/6/86)

   The total number of dwelling units within an RPD District located in an “H” Hillside or Mountainous Area established pursuant to Section 12.32 H. of this Code, shall not exceed the density indicated on the General Plan for such area or the maximum number of dwelling units permitted by the underlying zone or zones within such district pursuant to the above schedule, whichever is less, and only detached single family dwellings or townhouses shall be the types of housing permitted thereon.

   3.   Area or District.

   a.   Every RPD District shall have an area of 3 acres or more exclusive of public streets. Provided, however, that an RPD District may have an area of 5,000 square feet, or the minimum lot area required by the zone, whichever is greater, or more, exclusive of public streets, whenever the underlying zone of such district is in the RD6, RD5, RD4, R2, RD2, RD1.5, R3, or R4 Zone.

   b.   The Commission and the City Council may approve an RPD District having an area less than required herein if said district adjoins and will constitute an integral part of an existing RPD District and the proposed development is in harmony with that permitted in the existing RPD District, the existing and proposed plans for adjacent areas and the General Plan. In no event may the proposed RPD District be approved with an average density exceeding that permitted in the existing RPD District.

   E.   Standard Residential Conditions. The following standard residential conditions shall apply to each RPD District. In addition, after report and recommendation by the Commission, the Council may, by ordinance, impose any other conditions as it deems necessary and proper at the time of establishing such district. In its report to the Council relative to the establishment of an RPD District, the Commission may recommend such other conditions as it deems necessary or desirable in carrying out the general purpose and intent of this section. The standard residential conditions are as follows:

   1.   Final Subdivision Map or Parcel Map. No building permit shall be issued for any building within an RPD District, except for sales models, recreational buildings or community facilities, unless a Final Subdivision Tract Map or Parcel Map has first been recorded for the property on which the building is located.

   2.   Coverage. The Commission shall recommend to the City Council the proportion of the total development site to be covered by buildings and structures.

   3.   Separation Between Buildings. The Commission shall recommend to the City Council the minimum separation between all buildings in the development but in no event shall there be less than 20 feet of space between townhouse buildings of two or more stories.

   4.   Open Space. Common open space shall comprise at least 25 percent of the land area exclusive of streets, provided, however, that where the applicant submits evidence to the satisfaction of the Commission that the particular development will contain compensatory characteristics which will provide as well or better for planned unit development within the intent of this section, the Commission may recommend modification of said requirements to the Council. At least half of the required common open space shall be of not more than 15% slope.

   The common open space shall be land within the total development site used for recreational, park or environmental purposes for enjoyment by occupants of the development, but shall not include public streets, driveways, utility easements where the ground surface cannot be used appropriately for common open space, private yards and patios, parking spaces nor other areas primarily designed for other operational functions.

   5.   Private Streets. Private streets shall not be permitted in RPD developments.

   6.   Parking. There shall be at least two automobile parking spaces for each townhouse or detached single family dwelling in a residential planned development. Said spaces shall be provided in a private garage. There shall be at least two off-street parking spaces per dwelling unit provided for other residential buildings. Provided, however, that in an “H” Hillside or Mountainous Area there shall be at least three off- street automobile parking spaces provided for each dwelling unit in a residential planned development. In the case of a townhouse or detached single family dwelling, two of the said required three parking spaces shall be provided in a private garage. Provided, further, that the Commission in connection with any residential planned development may recommend to the Council such additional number of spaces as it deems necessary to adequately provide for the needs within the district. For non-residential buildings, the Commission may recommend to the Council the number of parking spaces required, but if no such determination is made, the provisions of Section 12.21 A. of this code shall apply.

   7.   Utilities. All new utility lines, pursuant to Section 17.05 N., and all new off-site service utility lines, necessary to serve the development, shall be installed underground.

   8.   Townhouses. The width of each townhouse in the project shall average at least 20 feet. There shall be a separate private yard with a total area of at least 320 square feet adjacent to each townhouse unless equivalent alternate arrangement of patios or roof decks are provided within the preliminary plot plan, and approved by ordinance. No building shall contain more than eight townhouses.

   9.   Separate Lots. No portion of land within a residential planned development shall be divided or separated in ownership unless it is first recorded as a separate and distinct lot on a recorded final Subdivision Tract Map or Parcel Map.

   Every lot for a residential building (except a detached single family dwelling or townhouse), church, school, hospital or infirmary shall have a minimum width of 50 feet and a minimum area of 5,000 square feet, or such additional widths or areas as may be required by the Commission and the Council. Each such lot shall front for a distance of at least 20 feet upon a street.

   All lots for detached single family dwellings in the project shall be at least 35 feet wide and said lots shall have a minimum area of 3500 square feet or such additional areas or widths as may be required by the Commission and the Council in the ordinance establishing the district. Each such lot shall front for a distance of at least 20 feet upon a street.

   Each townhouse lot in the project shall average at least 20 feet in its narrowest dimension. Said lots shall have a minimum area of 1750 square feet or such additional areas or widths as may be required by the Commission and the Council in establishing an RPD District. Provided, however, that where the underlying zone of a lot for a townhouse is in the R3 or R4 Zone said lot may have an area of at least 1,000 square feet or such additional area as may be required by the Commission and the Council. Any lot for a townhouse need have only such access or street frontage as is shown on the approved final development plans.

   10.   Separate Units. Every owner of a dwelling unit or lot shall own as an appurtenance to such dwelling unit or lot, either, (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association, owning the common areas and facilities.

   11.   Maintenance. The right to maintain the buildings and use the property for a residential planned development shall continue in effect only so long as all of the mutually available features, such as recreational areas, community buildings, landscaping, as well as the general appearance of the premises and buildings are all maintained in a first class condition and as indicated on the approved Final Development Plans.

   12.   Covenants. The provisions of Standard Condition 11 shall be included in the conditions, covenants, and restrictions applying to the property, which are recorded in the Office of the County Recorder and copies of said provisions shall be furnished to the individual purchasers of units in the development.

   The provisions of Standard Condition 11 shall also be in each of the preliminary and final drafts of the conditions, covenants, and restrictions submitted to the Real Estate Commissioner.

   13.   Sale of Lots or Units. No dwelling unit or lot shall be sold or encumbered separately from an interest in the common areas and facilities in the development which shall be appurtenant to such dwelling unit or lot. No lot shall be sold or transferred in ownership from the other lots in the total development, or approved phase of the development, unless all approved community buildings, structures, and recreational facilities for the total development, or approved phase thereof, have been completed, or completion is assured, by bonding or other method satisfactory to the Advisory Agency.

   14.   Management Agreement. No lot or dwelling unit in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all those properties which are jointly owned with interests in the common areas and facilities in the development to meet the expenses of such entity, and with authority to control, and the duty to maintain all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants and restrictions which shall include compulsory membership of all owners of lots and/or dwelling units, and flexibility of assessments to meet changing costs of maintenance, repairs and services. The developer shall submit evidence of compliance with this requirement to and receive the approval of the Advisory Agency prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes.

   15. Low and Moderate Income Dwelling Units. Every residential planned development shall provide low and moderate income dwelling units as provided in Section 12.39* of this code. (Added by Ord. No. 145,927, Eff. 6/3/74.)

* Section 12.39 was repealed by Ord. No. 180,308 Eff. 12/7/08.

   F.   Final Development Plans. (Amended by Ord. No. 173,268, Eff. 7/1/00, Oper. 7/1/00.) Any final development plans shall be in substantial conformance with the preliminary plans. Prior to the issuance of any permits for the erection or enlargement of any buildings within an established RPD District, final precise site and elevation plans for all buildings and landscaping within the district or approved phase of the development, shall be submitted to and approved by the Zoning Administrator and to the Area planning Commission on appeal. If the original action establishing an RPD District included the submission and approval of final precise plans for the complete development, building permits may be issued in accordance with those plans. In connection with the review of final development plans, deviations in any of the conditions previously established may be authorized pursuant to the provisions of Subsection I. of this section.

   G.   Permits – No permit shall be issued for grading, or for the erection, enlargement or maintenance of buildings or structures for a residential planned development, and no person shall perform any such development or construction work, except in full compliance with the final development plans approved as herein provided.

   No building permit shall be issued for other than approved model units until the conditions, covenants, and restrictions required by Section 13.04 E.12. have been submitted to and approved by the City Attorney.

   H.   Termination of Districts – Any authority to establish or maintain an RPD district pursuant to the provisions of this section shall terminate: (1) within one and one-half years after the effective date of the ordinance establishing such district unless a tentative subdivision map of the proposed development has been filed; (2) within two years of the tentative map approval, unless construction work on the first phase of the development has begun; (3) unless such work is carried on diligently to completion.

   Upon termination of a district, the Zoning Map shall be corrected by removing the district symbol.

   I.   Changes and Modifications. After an ordinance establishing an RPD District, and all of the conditions applicable thereto have been adopted by the City Council, the procedure for modifying such conditions shall be the same as that required for the establishment of an RPD District. If approved by the Council, the request for modification of such conditions shall be effectuated by the adoption of an ordinance amending the original ordinance establishing the particular district.