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

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C. (Initiative Ordinance No. 10,999, as amended by Ordinance No. 36,675, (N.S.) repealed by voters April 5, 1977).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

(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.

(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.

(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.

(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.

SEC. 13.05. “K” EQUINEKEEPING DISTRICTS.

(Title and Section Amended by Ord. No. 157,144, Eff. 11/22/82; “Department of Animal Regulation” renamed “Department of Animal Services” by Ord. No. 174,735, Eff. 9/13/02.)

A. Purpose. It is the purpose and object of this section to establish reasonable and uniform limitations, safeguards and controls for the keeping and maintenance of equines within the City of Los Angeles.

B. Establishment of Districts.

1. The City Council may establish new Equinekeeping Districts and enlarge the boundaries of such districts now or hereafter established.

2. No Equinekeeping District shall contain less than 5 acres of land including the area of all dedicated streets and highways contained therein. All lots or parcels of property contained within the district’s boundaries shall be contiguous. The boundaries of the district shall be drawn so as to coincide as nearly as practicable with street alignments or other clearly discernible boundaries. (Amended by Ord. No. 161,352 Eff. 7/20/86.)

C. Conditions. All property within a district shall be subject to the following conditions:

1. If the equine enclosure is less than 75 feet from the habitable rooms of a neighbor’s dwelling unit, the enclosure shall not be closer to the habitable rooms of a neighbor’s dwelling unit than to the habitable rooms of a dwelling unit on the equine keeping lot.

2. In no event shall the equine enclosure be located closer than 35 feet to the habitable rooms of any dwelling unit.

3. Any additional conditions which may be deemed necessary to be imposed shall be established by ordinance.

4. Notwithstanding any other provision of this Code relating to the number of equines permitted in any zone, any lot included in a “K” Equinekeeping District which was formed after January 12,1975 may be used to keep no more than one equine for each 4,000 square feet of lot area. (Amended by Ord. No. 159,341, Eff. 10/11/84.)

5. Notwithstanding any other provision of this Code to the contrary, in a “K” Equinekeeping District, an animal keeping structure may be located on any portion of a parcel except the required front yard and shall not be closer than 10 feet from the required side lot lines so long as the distance requirements of this Section are complied with. This subdivision shall not, however, authorize the location of an animal keeping structure in any side or rear yard areas as defined in Section 12.21 C.5.(a) (25 foot required yards) which immediately abut a lot which is not itself in a “K” Equinekeeping District.

6. Notwithstanding any provisions of this Code to the contrary, in the “A” and “R” Zones, located within a “K” Equinekeeping District, a maximum of two equines not owned by the resident of the involved property may be boarded or kept on that property as an accessory use without such boarding or keeping being regarded as a commercial equinekeeping operation; provided, however, that the total number of equines being boarded or kept on the property does not exceed one for each 4,000 square feet of lot area. Said equines shall be issued current Equine Licenses by the City Department of Animal Services. (Amended by Ord. No. 159,341, Eff. 10/11/84.)

7. Notwithstanding any provisions of this Code to the contrary, equine uses of the land on “K” Equinekeeping District lots shall be allowed to be continued if, after the legal establishment of the equine use, the City issued a building permit to construct a residential building on an adjacent lot within the legal required distance between an equine use and the residential building on an adjacent lot. If, in accordance with the provisions of Section 12.24 X.5. the Zoning Administrator grants permission for a residential building on an adjacent lot to be constructed closer than 35 feet from a legally existing equine enclosure, the equine enclosure may be considered to be nonconforming if it is relocated not closer than 35 feet from the habitable rooms attached to any residential building. The nonconforming equine use shall be subject to the following limitations: (Amended by Ord. No. 173,492, Eff. 10/10/00.)

a. The equine enclosure shall not be closer than 35 feet from the habitable rooms of any residential building.

b. The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the residential building on an adjacent lot.

c. The equine enclosure shall not be expanded, extended, or relocated so as to reduce the nonconforming distance between the enclosure and the habitable rooms of the residential building on an adjacent lot.

d. The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Services to be stabled on the subject lot.

8. Notwithstanding any provisions of this Code to the contrary, if an equine use in a “K” District was legally established before November 22, 1982, that use shall be allowed to continue even though the City issued a building permit between November 22, 1982 and July 1, 1986, to construct a residential building on an adjacent lot within the 35-foot required distance between an equine use and the habitable rooms of a residential building on the adjacent lot. This provision shall not apply to building permits authorized by the Zoning Administrator pursuant to Section 12.24 X.5. This nonconforming equine use shall be subject to the following limitations: (Amended by Ord. No. 173,492, Eff. 10/10/00.)

1. The subject lot has been designated by an Equine License to stable at least one licensed equine during the 12 months prior to the issuance of the building permit for the residential building on an adjacent lot.

2. The equine enclosure shall not be expanded, extended, or relocated so as to reduce the nonconforming distance between the enclosure and the habitable rooms of the residential building on an adjacent lot.

3. The nonconforming equine use shall be discontinued if, during a successive 3-year period, no equine is licensed by the Department of Animal Services to be stabled on the subject lot.

Nothing in this subdivision relieves any person from the obligation to comply with the requirements of any County or State law.

SEC. 13.06. COMMERCIAL AND ARTCRAFT DISTRICTS.

(Amended by Ord. No. 146,775, Eff. 1/6/75.)

A. Purpose – The provisions set forth in this section shall create enclaves whereby the artisan segments of the population may live, create and market their artifacts. Artcraft activities, combined with commercial and residential uses will be permitted in those areas appropriate for the establishment of a Commercial and Artcraft District.

B. Application – The provisions of this section shall apply to the areas wherein CA Districts are permitted.

C. Establishment of District.

(1) Requirements – Each application for the establishment of a Commercial and Artcraft District shall include the signatures of seventy-five percent (75%) of the owners or lessees of property of an area not less than three acres (3 acs.) in total size, or by resolution of the Commission or Council. The area shall be computed by contiguous parcels of land which may be separated only by public streets, ways or alleys.

(2) Boundaries – Public right-of-ways can be included in the computation of the total acreage in the district area described in said application and the boundaries thereof shall follow public streets, ways or alleys so far as practical.

(3) Alternate Procedures – The procedures set forth in Section 12.24 of this Chapter shall be used for those applicants desirous of a CA District but cannot comply with the aforementioned procedures.

D. Standard Conditions – Applicants desirous of a “CA” District, are subject to the limitations and restrictions contained herein. Said regulations are imposed in order to promote and achieve optimal conditions for artcraft functions, while maintaining adequate protection from obnoxious pollutants, for the adjacent properties.

(1) Production Techniques – The creating, assembling, compounding or treating of articles shall be accomplished by hand, or to the extent practical for a particular artifact.

Only those art products which are made by the artisan or the artisan’s employees from raw materials can be sold. Mass produced parts may be used only if incidental to the basic artifact. In those production techniques which necessitate the use of a kiln, the total volume of kiln space shall not exceed twenty-four (24) cubic feet and no individual kiln shall exceed eight (8) cubic feet.

Power tools shall be limited to electrically operated motors of not more than one horse power.

(2) Location of Equipment – The machinery and equipment shall be so installed and maintained, and the activity shall be so conducted, that noise, smoke, dust, odor and all other objectionable factors, shall be confined or reduced to the extent that no annoyance or injury will result to persons residing in the vicinity

(3) Area of Production – Certain artcraft activities as listed in Section E.2. shall be restricted to either indoor or outdoor manufacturing.

(4) Commercial Activities – The display of all completed artifacts shall be permitted outdoors and all commercial activities shall be limited to retail business only. The sale of all items, except antiques, shall be limited to those lawfully produced on the premises.

(5) Employees – Paid helpers shall be limited to no more than three (3) persons other than members of the immediate family occupying the dwelling on such premises.

E. Permitted Uses. It is the intent of this section to distinguish between those uses which are considered more appropriate for indoor and outdoor use. Those uses which are likely to create pollutants or other activities that would disturb the neighborhood are restricted to indoor use. Outdoor uses are those which will not create a disturbance.

Premises in “CA” District may be used for the following manufacturing and retail uses, provided artcrafts activities are limited to those decorative or illustrative elements requiring manual dexterity or artistic talent. The following list is intended to provide a guide for the nature of uses permitted in the district.

(1) Outdoor Uses – The creating, assembling, compounding or treating of articles contained in the following list shall be permitted outdoors:

(a) Antiques – restoration and sale of antiques and collectibles.

(b) Art needlework.

(d) Basket weaving.

(e) Boutiques

(f) Candle making.

(g) Cartoon and animation.

(h) Ceramics – The total volume of kiln space shall not exceed twenty–four (24) cubic feet and no individual kiln shall exceed eight cubic feet.

(i) Costume designing.

(j) Dance and drama studio, not including any dance activities requiring a license.

(k) Fine Arts Gallery.

(l) Glass – The hand production of glass crystal, art novelties and the assembly of stained art glass provided that the total volume of kiln space shall not exceed twenty-four (24) cubic feet and no individual kiln shall exceed eight (8) cubic feet.

(m) Musical Instruments

(n) Photography studio

(o) Picture mounting and framing.

(p) Pottery manufacturing provided the total volume of kiln space shall not exceed twenty-four (24) cubic feet and no individual kiln shall exceed (8) cubic feet.

(q) Shoe and footwear provided all manufacturing is done by hand.

(r) Silk screen processing.

(s) Textile weaving, provided hand looms only.

(t) Toys, manufacturing of by hand

(u) Woodcarving

(v) Writing, professional studio

(2) Indoor Uses – The manufacturing, assembling, compounding or treating of articles contained in the following list shall be permitted indoors only. Such uses shall not be permitted above the first floor of any structure.

(a) Block printing.

(b) Jewelry manufacturing.

(d) Ornamental Iron.

(e) Printing and publishing.

(f) Taxidermy.

(g) Watchmaking.

(3) A Zoning Administrator shall have authority to determine other uses in addition to those specifically listed in the article, which may be permitted in the CA District, when in the Zoning Administrator’s judgement such other uses or similar to and no more objectionable to the public welfare than those listed above.

(4) Artcraft Instructions – Artcraft classes shall be permitted on premises in the CA District and no additional off-street parking shall be required in conjunction therewith, provided that:

(a) Classes are held not more than two days a week for a period not to exceed three hours per day

(b) Classes are purely incidental to the artcraft uses of the property and not more than 15 persons are permitted to attend each class.

(d) All classes are held on the first floor of the building.

(e) No certificate of occupancy shall be required in connection with the use authorized by this ordinance.

(5) Residential Uses – In the R Zones, the residential regulations as required in the underlying zone to which the “CA” District overlays. shall apply. In the C and M zones, residential uses shall be permitted in connection with the main commercial, industrial or artcraft use. Said residential use shall observe the requirements set forth in Section 12.10 of the Planning and Zoning Code.

(6) Parking Requirements. (Amended by Ord. No. 169,670, Eff. 5/13/94.) Parking requirements for new buildings shall be as required in Section 12.21 A. For an existing building, for which a building permit was issued prior to April 1, 1994, the number of parking spaces required shall be the same as the number of parking spaces existing on the site.

Any structure providing a mixture of residential and art craft uses shall meet the requirements for automobile parking spaces as if each portion of the facility were an independent entity.

(7) Yard Requirements. (Added by Ord. No. 169,670, Eff. 5/13/94.) For new buildings, the yard requirements shall be the same as required by the underlying zone. For existing buildings, for which a building permit was issued prior to April 1, 1994, the yards required shall be the same as the yards observed by the existing buildings on the site.

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