CITY OF BIG BEAR LAKE DEVELOPMENT CODE
TABLE OF CONTENTS
CHAPTER 17.01 – GENERAL PROVISIONS Section Title Page 17.01.010 Introductory Provisions 1 17.01.020 Intent and Purpose of Development Code 1 17.01.030 Consistency of Development Code with General Plan 2 17.01.040 Applicability and Scope 3 17.01.050 Implementation of the Development Code 4 17.01.060 Interpretation of the Development Code 5 17.01.070 Establishment of Zone Districts 6 17.01.080 General Zoning and Lot Requirements 7 17.01.090 General Performance Standards 9 17.01.100 Violations and Penalties 11
CHAPTER 17.02 – DEFINITIONS Section Title Page 17.02.010 Intent and Purpose 1 17.02.020 General Interpretation 1 17.02.030 Definitions 1
CHAPTER 17.03 – GENERAL PROCEDURES Section Title Page 17.03.010 Intent and Purpose 1 17.03.020 Review Procedures 1 17.03.030 Notification Procedures 1 17.03.040 Development Applications 4 17.03.050 Time Limitations for Application Acceptance 5 17.03.060 Appeal of Determination of Incomplete Application 5 17.03.070 Time Limits for Rendering Land Use Decisions 6 17.03.080 Decisions by Reviewing Authority 7
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17.03.090 Effective Date of Land Use Decisions 8 17.03.100 Modifications to Land Use Approvals 8 17.03.110 Appeal Procedures 9 17.03.120 Approval Period for Conditional Land Use Decisions 10 17.03.130 Pre-construction Conference 11 17.03.140 Final Clearance 11 17.03.150 Preliminary Development Review 11 17.03.160 Plot Plan Review 13 17.03.170 Conditional Use Permits 19 17.03.180 Variances and Minor Deviations 26 17.03.190 Zone Changes 32 17.03.200 Development Code Amendments 35 17.03.210 Determinations on Unlisted Uses 36 17.03.220 Development Agreements 38 17.03.230 Affordable Housing Agreements 40 17.03.240 Zoning Clearance Review 43 17.03.250 Minor Modifications to Approved Plans and Existing Developments 44 17.03.260 Large Family Day Care 47 17.03.270 Home Occupation Permit 49 17.03.280 Specific Plan Review 53 17.03.290 Temporary Use Permits 58 17.03.310 Transient Private Home Rentals 65 17.03.315 Enforcement of Transient Private Home Rental Provisions 70 17.03.320 Nonconforming Uses and Structures 77 17.03.330 Transitional Uses and Structures 87
CHAPTER 17.04 – NEWSRACKS ON PRIVATE PROPERTY Section Title Page 17.04.010 Short Title 1 17.04.020 Intent and Purpose 1 17.04.030 Definitions 2 17.04.040 Prohibited on Public Streets 3 17.04.050 Dangerous Conditions or Obstruction 4 17.04.060 Permit Required 4
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17.04.065 Development Code Procedures 5 17.04.070 Permit Expiration; Renewal 5 17,04,080 Installation and Newsrack Standards 5 17.04.090 Maintenance Standards 7 17.04.100 Hold Harmless Agreement 9 17.04.110 Harmful Matter 9 17.04.120 Newsracks in Violation of this Ordinance 9 17.04.130 Land Use Permit 10 17.04.140 Newsracks within the “Village L” and Surrounding Streets 10 17.04.150 Appeals Procedure 10 17.04.160 Amortization Provisions 11 17.04.170 Violation – Misdemeanor 11 17.04.180 Violation – Penalties 11 17.04.190 Remedies Not Exclusive 11
CHAPTER 17.09 – SLOPE DENSITY Section Title Page 17.09.010 Purpose and Intent 1 17.09.020 Development Procedures And Standards 2 17.09.030 Conditional Use Permits 6
CHAPTER 17.10 – TREE CONSERVATION Section Title Page 17.10.010 Purpose and Intent 1 17.10.020 Definitions 1 17.10.030 General Provisions 4 17.10.040 Tree Conservation Requirements for Major Projects 5 17.10.050 Tree Conservation Requirements For Minor Projects 12 17.10.060 Tree Removal Permit 14 17.10.070 General Tree Conservation Requirements 16 17.10.080 Appeals 16 17.10.090 Violations 17 Exhibit 1 Trees of Big Bear 19
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CHAPTER 17.11 – WATER CONSERVATION Section Title Page 17.11.010 Purpose 1 17.11.020 Policy, Objectives, and Goals 1 17.11.030 Applicability 3 17.11.040 Prohibited Acts 3 17.11.050 Administration – Declaration of Emergency 4 17.11.060 Appeals 5 17.11.070 Enforcement Authority 6 17.11.080 Violation – Penalty 6
CHAPTER 17.12 – SIGNS Section Title Page 17.12.010 Intent and Purpose 1 17.12.020 Definitions 2 17.12.030 Sign Permit Requirements and Procedures 17 17.12.040 Sign Program Requirements and Procedures 19 17.12.050 Exemptions From Sign Permit Requirements 21 17.12.060 Prohibited Signs 27 17.12.070 General Provisions 29 17.12.080 Design Standards for Signs 30 17.12.090 Signs for Residential Uses 34 17.12.100 Signs for Institutional Uses 36 17.12.110 Signs for Commercial Retail, Office, and Industrial Uses 38 A. Freestanding Single Tenant Buildings 38 B. Freestanding Buildings with Multiple Tenants 42 C. Shopping Centers and Building Complexes 46 D. Miscellaneous Commercial Uses 54 17.12.120 Static Electronic Changeable Copy Signs 58 17.12.130 Village Sign Regulations 59 17.12.140 Business Directional Signs 61 17.12.150 Temporary Signs 62 17.12.160 Variance Procedures 64 17.12.170 Nonconforming Signs 65
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17.12.180 Enforcement 65 17.12.190 Abatement of Illegal and Unsafe Signs 66
CHAPTER 17.13 – SPECIAL EVENTS Section Title Page 17.13.010 IntentandPurpose 1 17.13.020 Definitions 1 17.13.030 SpecialEventLocationTypesandEventsPermitted 3 17.13.040 UseofCityFacilities 10 17.13.050 SpecialEventPermitRequirementsandProcedures 12 17.13.060 PerformanceStandards 15 17.13.070 Village Event Regulations 21
CHAPTER 17.25 – RESIDENTIAL ZONES Section Title Page 17.25.010 Intent and Purpose of Residential Zones 1 17.25.020 Residential Zone Districts 1 17.25.030 Principal Uses Permitted in Residential Zones 3 17.25.040 Accessory Uses Permitted in Residential Zones 6 17.25.050 General Standards for Residential Development 7 17.25.060 Additional Setback Regulations 13 17.25.070 Residential Parking Standards 17 17.25.080 Residential Site Design Standards 24 17.25.090 Residential Building Design Standards 28 17.25.100 Residential Performance Standards 33 17.25.110 Bed and Breakfast Establishments 35 17.25.120 Guest Houses 36 17.25.130 Temporary Dependent Housing Units 37 17.25.140 Tennis Courts and Play Courts 38 17.25.150 Caretaker’s Residences 39 17.25.160 Transitional Housing Facilities 40 17.25.170 Group Living Facilities 41 17.25.180 Manufactured Home Subdivisions and Parks 42 17.25.190 Senior Housing Facilities 45
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17.25.200 Affordable Housing Projects 47 17.25.210 Second Dwelling Units 51 17.25.220 Development And Performance Standards For Ancillary Uses Within 53 Commercial Lodging Facilities 17.25.230 Medical Marijuana Dispensaries 57
CHAPTER 17.35 – COMMERCIAL AND PUBLIC ZONES Section Title Page 17.35.010 Intent and Purpose of Commercial and Public Zones 1 17.35.020 Commercial and Public Zone Districts 2 17.35.030 Principal Uses Permitted in Commercial and Public Zones 5 17.35.040 Accessory Uses Permitted in Commercial and Public Zones 21 17.35.050 General Development Standards for Commercial and Public Uses 21 17.35.060 Additional Setback Regulations 29 17.35.070 Parking Requirements and Standards 30 17.35.080 Site Design Standards 41 17.35.090 Performance Standards 53 17.35.100 Drive-Through Facilities 53 17.35.110 Automobile Service Stations and Repair Facilities 55 17.35.120 Convenience Stores 56 17.35.130 Shopping Centers 57 17.35.140 Nightclubs, Bars, Cabarets, and Similar Uses 57 17.35.150 Amusement Devices and Arcades 58 17.35.160 Conversion of Residential Structures to Non-residential Uses 59 17.35.170 Major Communication Facilities 59 17.35.180 Churches, Religious Institutions, Meeting Rooms, Conference Rooms, 61 and Similar Places of Assembly 17.35.190 Massage as an Accessory Use 62 17.35.200 Commercial Daycare Facilities 62 17.35.210 Portable Storage Containers 63 17.35.220 Development Standards Regulating Large Retail Uses 65 17.35.230 Medical Marijuana Dispensaries 66 17.35.240 Emergency Shelters 66
vi Big Bear Lake Development Code Chapter 17.01 – General Provisions
CHAPTER 17.01 GENERAL PROVISIONS
17.01.010 INTRODUCTORY PROVISIONS
A. This Title shall be known as the Development Code of the City of Big Bear Lake.
B. This Development Code is adopted under the authority granted to the City of Big Bear Lake by Article XI, Section 7 of the California Constitution and in accordance with the requirements of California Government Code Sections 65800 et. seq. and 66410 et. seq.; and by the Charter of the City of Big Bear Lake, adopted November 8, 1983, as it may be amended from time to time.
17.01.020 INTENT AND PURPOSE OF DEVELOPMENT CODE
This Development Code provides for the creation of zones in the incorporated area and sphere of influence of the City of Big Bear Lake, and prescribes classes of uses, area requirements, and standards of development for buildings, structures, improvements and premises in said zones. The standards and regulations contained herein to govern the use and development of property are intended to protect the public health, safety, welfare, and convenience and to enhance quality of life, by ensuring that an appropriate mix of land uses is developed in an orderly manner. The specific objectives of the Development Code include the following:
A. To implement the goals, objectives, and policies of the General plan, and to guide and manage the future growth of the City in accordance with such plan;
B. To protect the physical, social, and economic stability of residential, commercial, recreational, and other land uses within the City to assure its orderly and beneficial development;
C. To protect existing residents and property owners from the adverse effects of incompatible uses, while allowing for the infill and redevelopment of areas at a scale and character compatible with surrounding properties;
D. To accommodate expansion of development into vacant and under-utilized lands, while considering environmental and infrastructural conditions;
E. To permit a variety of businesses so as to strengthen economic vitality;
F. To reduce hazards to the public resulting from the inappropriate location, use, or design of buildings and other improvements;
G. To conserve significant natural resources;
H. To ensure compliance with applicable county, state, and federal laws and regulations; and
I. To establish Big Bear Lake as a safe community with a high quality of life for residents, a diverse economic base, an aesthetically pleasing appearance in keeping with the natural
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mountain environment, and adequate infrastructure to serve present and future needs, while maintaining and enhancing its character as a year-round destination resort and recreation area.
17.01.030 CONSISTENCY OF DEVELOPMENT CODE WITH GENERAL PLAN
A. In accordance with California Government Code Section 65403(c), which requires that local jurisdictions implement their General Plans once adopted, this Development Code is intended to implement the City of Big Bear Lake General Plan adopted by Resolution No. 99-36 on August 3, 1999. As stated in the General Plan, “the Development Code is the primary tool for implementing the General Plan . . . .[by regulating] development through the creation of zone districts shown on the Zoning Map, with accompanying text which outlines the permitted uses allowed and development standards required within each zone.”
B. Adoption of this Development Code is consistent with Policy L 1.2 of the General Plan Land Use Element, which states that the city will “Ensure that the zoning map, development code, specific plans, and other applicable development-related ordinances are brought into conformance with the General Plan, as soon as practical after the General Plan is adopted.” Further, adoption of this Development Code is consistent with numerous other General Plan policies and programs which reference its adoption as a means of implementing the General Plan.
C. In accordance with California Government Code Section 65855, which requires that zone text amendments shall also be consistent with any applicable specific plan, the adoption of this Development Code is consistent with the Village Specific Plan adopted by Ordinance No. 87-142 because the zoning map adopted in conjunction with this Development Code indicates the area that is governed by the Village Specific Plan. Further, this Development Code contains specific standards to supplement the Village Specific Plan in order to encourage pedestrian-oriented commercial uses in the Village area, such as standards for outdoor dining and temporary display of merchandise.
D. Any interpretation of this Development Code shall be made in conformance with the General Plan. In no case shall this Development Code be interpreted to allow a use, or development type or intensity, which is not in conformance with the General Plan.
E. No land shall be developed nor shall any use be approved or initiated or permit approved which is not in conformance with the General Plan, applicable Specific Plan, this Development Code, or other applicable provisions of the Big Bear Lake Municipal Code.
F. No land shall be developed nor shall any use be approved or initiated or permit approved which is not in conformance with all applicable federal, state, or county adopted plans, regulations, or programs, including, but not limited to, National Pollution Discharge Elimination System (NPDES) and San Bernardino County Hazardous Waste Management Plan.
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17.01.040 APPLICABILITY AND SCOPE
A. Except as otherwise provided in this section, the provisions of this Development Code shall apply to all real property located within the incorporated boundaries of the City of Big Bear Lake, including land and improvements.
B. This Development Code is intended to be implemented in conjunction with other applicable codes and ordinances of the City of Big Bear Lake, including but not limited to building and fire codes, engineering design standards, and development-related ordinances. Where such other codes and ordinances are less specific or restrictive than the language of this Development Code, the provisions of this Development Code shall govern; but when such other codes and ordinances are more specific or restrictive than the language of this Development Code, the more specific or restrictive language shall govern.
C. This Development Code shall not apply to any land and/or improvements located within the incorporated boundaries of the City of Big Bear Lake which are owned by other governmental entities having authority for environmental review and land use approval and for which state or federal regulations pre-empt local zoning ordinances.
D. Whenever reference is made to any portion of this Development Code, or of any other law or ordinance, the reference applies to all amendments and additions, now or hereafter made, to this Development Code and to such laws and ordinances.
E. The provisions of this Development Code shall not be construed to limit or interfere with the installation, maintenance, and operation of public utility pipelines and transmission lines, when located within a public right-of-way or easement and permitted by easement or franchise.
F. Existing permits and approvals.
1. Any building for which a valid building permit was issued under the provisions of earlier ordinances of the City which are in conflict with this Development Code, before the effective date of this title, may be continued and completed in accordance with the plans and specifications upon which the permit was issued, provided that such permit is valid at the time of commencement of construction and that substantial work has been completed and substantial liabilities have been incurred in good faith reliance upon said building permit.
2. Subdivision of property pursuant to a tentative tract map or tentative parcel map which has been approved pursuant to the provisions of earlier ordinances of the City prior to the effective date of this Development Code, and which is in conflict with this title, may be continued and completed in accordance with the provisions of approval provided it is completed within the time limit in effect at the time of its approval, and provided that it complies with all other ordinances and laws in effect at the time the application was deemed complete. Final tract maps and final parcel maps may be approved pursuant to this section, provided that building
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permits and other permits issued for any lots created pursuant to this paragraph, shall be consistent with the applicable provisions of this Development Code.
3. The rights given by any permit, license, or other approval under any ordinance repealed by this Development Code, shall not be affected by such repeal, but such rights shall hereafter be exercised in accordance with the provisions contained herein.
4. Nothing in this Development Code shall be interpreted to supersede the provisions of a development agreement which was adopted prior to the effective date of the Development Code, and which is still in effect on that date. However, in any instance where such development agreement is silent on standards, requirements or other provisions which are contained in this Development Code, and such provisions are not in conflict with the development agreement, the Development Code shall govern.
G. Pending applications. After the effective date of this Development Code, any pending land use application that was not deemed complete as of that date shall be subject to the applicable provisions of the Development Code, except for subdivisions. Any pending subdivision application which has been deemed complete as of the effective date of this Development Code shall be subject to the provisions of the Development Code and other ordinances which were in effect on the date such application was deemed complete; except that in cases where the applicant informs the City, in writing, that the applicant wishes the application to be reviewed pursuant to this Development Code, then the provisions contained herein shall apply.
H. Previous violations. Any use, building, or improvement which was determined to be a violation of City codes, ordinances or requirements prior to the effective date of this Development Code, shall be deemed to be a continuing violation.
17.01.050 IMPLEMENTATION OF THE DEVELOPMENT CODE
A. This title shall be administered by the City Planner/Community Development Director, whose responsibilities include the following functions to be carried out either directly or by subordinate employees:
1. Application process. Receive and review all applications for development pursuant to this title. Processing includes the certification of completed applications; the establishment of a permanent file; posting of public notices; collection of applicable fees; preparation of reports; processing of appeals; and presentation of staff reports to the Development Review Committee, Planning Commission, and City Council.
2. Interpretation. Interpret the provisions and advise the public on the requirements of this title.
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3. Amendment. Initiate action for amendment of this title where it is determined that such amendment would better implement the General Plan goals and objectives and increase its effectiveness and/or improve or clarify the contents of this title.
4. Permit issuance. Issue permits under this title and certify that all such permits are in full conformance with its requirements.
5. Coordination. Refer and coordinate matters related to the administration of this title with other agencies and City departments and provide information on the status of all development permits.
6. Enforcement. Ensure compliance with development standards and regulations, and project conditions of approval.
7. Authority. The City Planner/Community Development Director shall exercise that authority set forth in Government Code 65900 et seq. and as set forth hereafter.
B. All elected and appointed officials, officers, and employees of the City of Big Bear Lake shall have the right and responsibility to ensure compliance with the Development Code.
C. All departments, officials, or employees vested with the duty or authority to issue permits or licenses where required by law, shall conform to the provisions of this Development Code. Licenses or permits for uses, structures, or purposes where the same would be in conflict with the provisions of this Development Code shall not be issued. Any such license or permit, if issued in conflict with the provisions hereof, shall be null and void.
D. The City of Big Bear Lake, except as concurred in or authorized by development agreement or legislative act, shall have no responsibility to administer or enforce the provisions of private deed restrictions or covenants. When advised of such restrictions at public hearings for land use entitlements, due consideration shall be given only insofar as such restrictions may have a material effect upon the matter under review.
17.01.060 INTERPRETATION OF THE DEVELOPMENT CODE
A. When uncertainty exists as to the meaning or applicability of any provisions of this Development Code, the City Planner/Community Development Director shall have the authority to interpret the Development Code, or to refer such interpretation to the Planning Commission pursuant to Section 17.03.080.A. Any decision by the City Planner/Community Development Director on a Development Code interpretation may be appealed to the Planning Commission, and any decision of the Planning Commission in such case may be appealed to the City Council, pursuant to Section 17.03.110 of this Development Code.
B. In interpreting and applying the provisions of this Development Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort,
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convenience, and general welfare. It is not intended by this Development Code to interfere with or abrogate or annul any easement, covenant or other agreement between parties. Where this Development Code imposes a greater restriction upon the use of building or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants or agreements, the provisions of this Development Code shall control.
17.01.070 ESTABLISHMENT OF ZONE DISTRICTS
A. In order to carry out the provisions of this Development Code, the following zone districts are established:
R-L Residential-Low Zone
R-1 Single-Family Residence Zone
R-3 Multiple-Family Residence Zone
C-1 Commercial-Services Zone
C-2 Commercial-General Zone
C-3 Commercial-Visitor Zone
C-4 Commercial-Recreation Zone
C-5 Commercial-Industrial Zone
P-OS Public/Open Space Zone
VSP Village Specific Plan
B. The boundaries of zone districts, as established herein, are shown on the Official Zoning Map of the City of Big Bear Lake, adopted by Ordinance No. 2003-333, as it may be amended from time to time by adoption of an ordinance pursuant to Section 17.03.190 of this Development Code. The Official Zoning Map and all notations, references, and other information shown thereon, shall be as much a part of this Development Code as if all the information set forth by said Map were fully described herein.
C. The regulations of this Development Code governing the uses of land, buildings, structures, yards, and other matters as hereinafter set forth as hereby established and declared to be in effect upon all land included within the boundaries of each and every zone district shown on the Official Zoning Map.
D. Where uncertainty exists as to the boundaries of any zone district shown on the Official Zoning Map, the following rules shall apply:
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1. Where such boundaries are indicated as approximately following lot lines, easements or public rights-of-way, such features shall be construed to be the zone district boundary. Where such boundaries are indicated as within street and alley lines, or within identifiable rights-of-way or creeks, the centerline thereof shall be construed to be the zone district boundary.
2. Where a zone district boundary crosses a lot, the location of such boundary shall be determined by use of the scale appearing on the map.
3. Where a public right-of-way is officially vacated or abandoned, the regulations applicable to the property to which it reverts shall apply to such vacated or abandoned right-of-way.
4. A symbol, or symbols, indicating the classification of property on the Official Zoning Map, shall in each instance apply to the whole of the area within the zone district boundaries.
5. Where uncertainty remains, the Planning Commission shall determine the location of the boundary, based upon conformance with the General Plan.
E. Wherever a lot or development site is divided by zone district boundaries, the regulations applicable within each zone shall apply to each portion of the lot or site situated in that zone.
F. A numeral following the zone designation on the Official Zoning Map shall specify the minimum lot size permitted. Where this numeral is over one thousand (1,000), the designated lot size shall signify square feet. When less than one thousand (1,000), the designated lot size shall signify acres.
17.01.080 GENERAL ZONING AND LOT REQUIREMENTS
A. Except as hereinafter provided, buildings or structures shall be erected, reconstructed, structurally altered, enlarged, moved or maintained, and buildings, structures or land shall be used or designed to be used, only for uses permitted in the zone in which such buildings, structures or land is located, and then only after applying for and securing all permits and licenses required by all applicable laws and ordinances.
B. Parcels of land held under separate ownership on the effective date of this Development Code shall not be reduced in any manner below the minimum lot area, size, or dimension specified herein.
C. Lot area shall not be so reduced or diminished that the required yards, open space or lot area shall be smaller than prescribed in this Development Code, nor shall population density or intensity of the use be increased in any manner except in conformity with the regulations established herein.
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Development Code, shall not be considered as providing a yard or required open space on an adjoining lot whereon a building is to be erected.
E. If two or more parcels of land or portions thereof are being combined in order to create a building site which will more nearly meet the lot area requirements set forth herein, said parcels shall be deemed as having met the lot area requirements of this Development Code provided they meet the following conditions:
1. The lots existed on the effective date of this Development Code; and
2. The resulting lot shall be not less than 80 percent of the lot area required by the applicable zone district at the time the lots are combined, but in no event less than 5,760 square feet.
F. Where the area, yard or setback regulations cannot be reasonably complied with, or their application cannot be determined on lots of irregular shape or topography, such regulations may be modified or determined pursuant to Section 17.03.180 of this Development Code.
G. Required setbacks and yards areas shall be measured from the property line. No portion of an adjacent public right-of-way may be used to calculate lot area, setbacks, or open space for the purpose of meeting the zoning requirements of this Development Code.
H. Distance between structures, or between a structure and any property line, setback line, or other line or location prescribed by this Development Code, shall be measured to the exterior face of the nearest wall or vertical support of each structure.
I. If a lot or parcel of land has not less than the required area, and after the creation of such lot or parcel of land a part thereof is acquired for public use exclusively, in any manner including dedication, condemnation or purchase, and if the remainder of such lot or parcel of land has not less than 80 percent of the required area, but in no event less than 5,760 square feet, then such remainder shall be considered as having the required lot area.
J. When a portion of a lot or parcel of land is sold or transferred after the effective date of this Development Code and as a result of such sale or transfer one or more parcels are created of such an area as to no longer conform to the requirements of this title, then in the determination of the permissible number and location of any buildings on any lot or parcel of land so created by such sale or transfer, the portion sold or transferred and the remainder shall be considered as one parcel.
K. Lot frontage and access shall be provided as follows:
1. Each lot or parcel of land shall have street or highway frontage of not less than 35 feet, except as provided in this section.
2. The creation of a flag lot may be permitted by the reviewing authority if the following criteria are met by the proposal. For purposes of this section, the term
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“flag lot” shall mean a lot not fronting on or abutting a street right-of-way and where access to the right-of-way is provided by a narrow portion of the lot.
a. The flag lot is necessary to preserve slopes, trees, significant habitat areas, topographic features, or other natural resources.
b. The body of the lot meets the lot area, width and depth requirements of the zone. (For purposes of this section, the “body” of the lot shall mean the portion of the lot containing the developable area, exclusive of the narrow portion of the lot intended for access purposes.)
c. The handle portion of the lot is at least 20 feet in width and not more than 120 feet in length. (For purposes of this section, the “handle” portion of the lot shall mean the narrow portion of the lot intended for access purposes.)
d. The lot has at least 20 feet of frontage on a public or private street, which frontage serves as access to the subject lot only.
e. The portion of driveway providing access from the street shall be no greater than 12 feet wide to minimize paved surface and maximize open space potential, except as otherwise required by the Fire Department.
f. The address of the flag lot shall be clearly visible from the street for emergency vehicles.
L. In cases of uncertainty regarding determination as to location of the front, side, and rear lot lines, the City Planner/Community Development Director shall determine these designations. This may include but not be limited to the following cases:
1. Corner lots or parcels of land with two street and/or highway frontages approximately equal in length;
2. Through lots or parcels of land fronting on two or more streets and/or highways;
3. Flag lots or parcels where the only contiguous boundary to a public street or highway is provided by a driveway or other private access.
17.01.090 GENERAL PERFORMANCE STANDARDS
The following requirements shall apply to the use of land throughout the City.
A. The generation of vibration of a duration and intensity so as to be excessive, disturbing, or objectionable to persons located offsite, shall not be permitted.
B. No operation or activity shall emit heat or cold which would cause a temperature increase or decrease on any adjacent property in excess of 10 degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.
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C. No operation, activity, sign, or lighting fixture shall create illumination on adjacent property that exceeds three (3) foot-candles, whether the illumination is direct or indirect light from the source.
D. No operation or activity shall be permitted to emit odorous gases or other odorous matter in such quantities as to be dangerous, injurious, noxious, or otherwise objectionable which is detectable with or without the aid of instruments at or beyond the property line.
E. No operation or activity shall cause any source of electrical or electronic disturbance that adversely affects persons or the operation of any equipment on any other lot and is not in conformance with the regulations of the Federal Communication Commission.
F. No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases, or other forms of air pollution which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the South Coast Air Quality Management District.
G. An operation or activity involving the storage of flammable or explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire fighting and fire suppression equipment and devices in accordance with the requirements of the Big Bear Lake Fire Protection District and Uniform Fire Code. Burning of waste materials in an open fire is prohibited.
H. No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewerage system.
I. No operation or action shall discharge at any point into any public or private street, public or private sewer, stream, body of water, or into the ground any materials of such nature or temperature as can contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or offensive elements, except in accord with applicable standards approved by governmental agencies having jurisdiction. All grading, grubbing, clearing, soil disturbance, an/or construction operations shall comply with the erosion control and best management practices of the City’s current permit for the National Pollution Discharge Elimination System (NPDES), as it may be amended from time to time.
J. The following restrictions shall apply to noise:
1. Noise generated from construction, maintenance, or demolition activities which is unusually loud, excessive, raucous or disturbing at or beyond the property line of the site on which the activity is occurring shall not be permitted between the hours of 7:00 p.m. and 7:00 a.m., or on Sundays or national holidays, except as approved by the Chief Building Official based on a determination that the work to be performed will not have an adverse effect on public health, safety and welfare, or that the work is necessary to correct a potentially harmful or adverse situation.
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2. Between the hours of 7:00 p.m. and 7:00 a.m. of the following day, no person shall operate any lawn mower, backpack blower, lawn edger, riding tractor, chain saw, or any other machinery, equipment, or other mechanical or electrical device, or any hand tool which creates an unusually loud, excessive, raucous, impulsive, or disturbing sound, within any residential zone, or within any commercial zone which can be heard from any inhabited real property in residentially used or designated properties, or from a commercial lodging facility. This section shall not be interpreted to prohibit snow making or snow grooming activities within approved winter resort project areas, or snow removal operations, including any audible safety alarms that are required by law for these operations.
3. No peddler or mobile vendor or any person in their behalf shall shout, cry out, or use any device or instrument to make sounds for the purpose of advertising.
4. No person owning or having the charge, care, custody, or control of any dog, or other animal, shall allow or permit the same to habitually howl, bark, yelp, or make other noises, in such a manner as to create a noise disturbance.
5. No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be unusually loud, excessive, raucous or disturbing from residentially used or designated properties or commercial lodging facilities between the hours of 10:00 p.m. and 7:00 a.m., except as otherwise authorized through issuance of a Special Event Permit, pursuant to Section 17.03.300.
6. No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be loud, excessive, raucous or disturbing from 50 feet, if such device is operated on or over any public right-of-way, except as otherwise authorized through issuance of a Special Event Permit, pursuant to Section 17.03.300.
17.01.100 VIOLATIONS AND PENALTIES
A. Any building or structure erected or maintained, or any use of property contrary to the provisions of this Development Code, is declared to be unlawful and a nuisance pursuant to California Government Code, Section 38771, and the City may commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law; and may take such other steps, and apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such building, structure or use, and restrain and enjoin any person from erecting or maintaining such building or structure, or using any property contrary to the provisions of this Development Code.
B. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve such person from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures or improvements, nor prevent the enforced correction or removal thereof.
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C. The City Planner/Community Development Director, Senior Code Compliance Officer, Chief Building Official, or designee, are hereby authorized to notify, cite, and take legal action against any person who is in violation of the provisions of this Development Code. The City Attorney or City Prosecutor shall institute any legal proceedings to enforce the provisions of this Development Code.
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CHAPTER 17.02 DEFINITIONS
17.02.010 INTENT AND PURPOSE
The purpose and intent of this chapter is to promote consistency and precision in the application and interpretation of these development regulations. The meaning and construction of words and phrases defined in this chapter shall apply throughout this Development Code, except where the context and usage of such words or phrases clearly indicates a different meaning or construction intended in that particular case.
17.02.020 GENERAL INTERPRETATION
A. The word “shall” is mandatory and is not discretionary. The word “may” is permissive and discretionary.
B. In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control.
C. When consistent with the context, words in the masculine gender include the feminine and neutral genders.
D. Unless the context clearly indicates to the contrary, words in the past, present and the future tense are interchangeable, and words in the singular and plural are interchangeable.
E. Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:
1. “And” indicates that all concerned items or provisions shall apply.
2. “Or” indicates that the connected items or provisions may apply singly or in any combination.
3. “Either…or” indicates that the connected items or provisions shall apply singly but not in combination.
F. The word “used” shall include arranged, designed, constructed, altered, converted, rented, leased, occupied, or intended to be utilized.
17.02.030 DEFINITIONS
The following terms used in this Development Code shall have the meaning set forth below:
Abandon or abandonment shall mean to cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during
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periods of remodeling, maintaining, or otherwise improving or re-arranging a facility, or during normal periods of vacation or seasonal closure.
Abut or abutting; see adjacent.
Access shall mean the place or way by which pedestrians and/or vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this Code.
Accessory building shall mean a building detached from the main building or structure on the same lot, the use of which is incidental and subordinate to the main building or structure.
Accessory use shall mean a use of land or of a building or portion thereof that is incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
Action shall mean a decision made by the reviewing authority on a land use application, by a process as specified in this Development Code.
Addition shall mean any construction that increases the size of a building, dwelling or facility in terms of site coverage, height, length, width, or gross floor area, occurring after completion of the original structure or facility.
Adjacent shall mean two or more lots or parcels of land separated only by an alley, street, highway, stream, or recorded easement, or sharing a common boundary of at least one point.
Affordable housing development shall mean a development having no less than 5 dwelling units (excluding any density bonus), for which incentives have been granted by the City to ensure continued affordability pursuant to an approved affordable housing agreement.
Agent shall mean any person showing written verification that he or she is acting for, and with the knowledge and consent of, a property owner.
Agriculture shall mean the cultivation of row, field or tree crops, floricultural specialties, or the raising of animals for commercial purposes, excluding stockyards, slaughtering, or commercial food processing.
Aisle, parking shall mean the traveled way by which vehicles enter and exit parking spaces.
Alcohol-related establishments shall mean those establishments which are required to obtain a State Alcoholic Beverage Control License type 20 (off-sale beer and wine), type 21 (off- sale general), type 40 (on-sale beer), type 41 (on-sale beer and wine eating place), type 42 (on-sale beer and wine, public premises), type 47 (on-sale general eating place), type 48 (on-sale general bar), type 52 (veteran club) or type 63 (beer and wine hospital), or comparable license type, and which sell or serve alcoholic beverages for on-site or off- site consumption.
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Alley shall mean a public thoroughfare not exceeding 30 feet in width for the use of pedestrians and/or vehicles, affording only a secondary means of access to abutting property.
Alteration shall mean any construction or physical changes in the internal arrangement of rooms or the supporting members of a building or structure or change in the appearance of any building or structure.
Amendment shall mean a change in the wording, context or substance of this Development Code, or a change in the zoning maps, which are part of this Code when adopted by the City Council in the manner prescribed by law.
Amusement arcade shall mean any establishment, room or place where more than 4 amusement machines are available for public use.
Amusement machine shall mean any device, whether mechanical, electrical, electronic, computerized, or similar object, which by payment of a fee, or insertion of a coin or token, may be operated for the primary purpose of amusement. The term amusement machine does not include any device or object the primary purpose of which is to play music.
Animal enclosure shall mean any structure, including but not limited to a barn, stable, pen, corral, dog run, or fenced area, intended for confinement of animals.
Animal hospital shall mean a place where animals are given medical or surgical treatment and are boarded during the time of such treatment.
Animal, domesticated pet shall mean any animal customarily kept as a household pet, not including wild or exotic animals; typical pets would include dogs, cats, birds, and tropical fish.
Animal, farm shall mean any animal customarily raised for agricultural purposes, not including wild or exotic animals or domesticated pets.
Animals, wild or exotic, shall mean any warm or cold-blooded animal not normally maintained in a dwelling unit with people, not considered domesticated within California, and the keeping of which requires a permit from the State of California Department of Fish and Game. Annexation shall mean the inclusion of land area into an existing city or special district with a resulting change in the boundaries of that local agency.
Antenna shall mean any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
Antenna, satellite shall mean a dish-type device for receiving satellite transmissions. Page 17.02 - 3 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.02 – Definitions
Antenna, vertical shall mean a device for transmitting or receiving radio, television, or any other transmitted signal, and includes a single pole or tower, or roof or ground-mounted antenna.
Antique shop shall mean any premises used for the sale of articles which, because of age, rarity, or historical significance, have a monetary value greater than the original value or which, because of age, are recognized by the United States government as entitled to import duties less than those prescribed for similar new merchandise. Antique shop does not include Thrift store.
Apartment shall mean a room or group of 2 or more rooms within a building containing separate living facilities for 4 or more families that is constructed, designed, intended for or actually used by a single family for living and sleeping purposes for periods of 30 consecutive days or longer.
Apartment Building shall mean a building, or a portion of a building, designed or used for occupancy by 4 or more families, living independently of each other and containing 4 or more dwelling units.
Appeal shall mean an application requesting that the designated appeal body review the decision of a reviewing authority on a land use application, pursuant to Section 17.03.110.
Applicant shall mean owner(s) or lessee(s) of property or their agent(s), or person(s) who have submitted an application for approval of a permit or development proposal as allowed under this Development Code, or the agent(s) of such persons.
Application shall mean the form and information submitted by an applicant that is used by the City to determine whether to approve or deny permits or other entitlements for use.
Approval shall mean the action taken by the Reviewing Authority pursuant to this Code to approve or conditionally approve an application for a land use entitlement and related permits. The exact date of approval of any development project is determined by each public agency according to its rules, regulations, and ordinances, consistent with this Development Code.
Area as used in this Development Code shall mean Area, net unless otherwise specified.
Area, gross shall mean that area of a lot or parcel of land inclusive of the following, except as otherwise provided herein:
1. The original underlying fee ownership within public alleys, highways or streets abutting the lot or parcel of land; or
2. Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or
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3. Other public or private easements on the lot or parcel where the owner of the property does not have the right to use the entire surface of the land.
Area, net shall mean that area of a lot or parcel of land exclusive of the following, except as otherwise provided in the following:
1. Public alleys, highways or streets adjacent to the lot or parcel of land; or
2. Proposed public facilities such as alleys, highways, streets or other necessary public sites when included within a proposed development project; or
3. Other public or private easements on the lot or parcel of land where the owner of the property does not have the right to use the entire surface of the land.
Figure 1: Gross Area and Net Area
Arterial, primary shall mean an arterial shown as such on the Circulation Map of the City of Big Bear Lake General Plan.
Arterial, secondary shall mean an arterial shown as such on the Circulation Map of the City of Big Bear Lake General Plan.
Assessor shall mean the Assessor of the County of San Bernardino.
Attached shall mean any structure that has an interior wall or roof in common with another structure.
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Automobile dismantling yard shall mean any premises used for the dismantling or wrecking of vehicles required to be registered under the Vehicle Code of the State of California including the buying, selling or dealing in such vehicles or the integral parts or component materials thereof, and the storage, sale or dumping of dismantled, partially dismantled or wrecked inoperative vehicles. Automobile dismantling shall not include the incidental storage of inoperative or disabled vehicles in connection with the legal operation of an automobile repair garage, automobile body and fender repair shop or automobile impound yard.
Automobile impound yard shall mean facilities designated or maintained for the temporary storage of vehicles legally removed or impounded from public or private property.
Automobile repair, general shall mean establishments engaged in general automotive repair, including but not limited to regular maintenance services, engine repair, transmission repair, radiator repair, exhaust system repair, brake relining, and wheel alignment.
Automobile repair, heavy shall mean establishments engaged in major auto repair, including but not limited to body and fender repair, body painting, reupholstery, and engine replacement.
Automobile repair, light shall mean establishments engaged in minor auto repair, including but not limited to lubrication, engine tuning, smog check stations, minor tire repair, and minor parts replacement.
Automobile sales lot shall mean an open area used for display, sale, lease and/or rental of new or used automobiles.
Automobile service station shall mean an establishment primarily engaged in selling gasoline and other automotive fuels, lubricating oils, and performing minor automobile repair work, and which does not fall within the definition of a Convenience store as defined in this section.
Awning shall mean an architectural feature that projects from, and is totally supported by, the exterior wall of a building, is usually positioned above a window or a door, and is temporary in that whether stationary or retractable, it can be removed from the building without altering the building structure.
Bar shall mean an establishment in which the primary use is the sale of alcoholic beverages for the consumption on-site which requires a license by the State Alcohol Beverage Control. This term shall include a cocktail lounge and nightclub.
Bed and breakfast establishment shall mean a transient lodging establishment, typically limited to five (5) or less guest bedrooms with a common dining area, primarily engaged in providing overnight or otherwise temporary lodging for the general public, which is
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inhabited as a primary residence by the owners or operators, and which may provide meals to the extent permitted by law.
Berm shall mean a mound or embankment of earth.
Block shall mean the area of land bounded by streets, highways, railroad rights-of-way or waterway, except alleys.
Boarding house shall mean the same as Rooming house.
Boardwalk shall mean an elevated pedestrian walkway constructed over a public street or adjacent to or over a lakefront or beach.
Buffer area shall mean an area containing landscaping or open space and/or a visual barrier, intended to separate and partially obstruct the view of adjacent land uses or properties from one another or from a public right of way so as to block noise, lights, or other nuisances.
Buildable area shall mean the portion of the lot remaining after deducting all required setbacks and easements from the gross area of the lot.
Building shall mean any structure for the shelter, housing, or enclosure of any person, animal, article, chattel, or property of any kind; when any portion thereof is completely separated from every other portion thereof by a division wall or firewall, without openings, each such portion shall be a separate building.
Building, accessory. See Accessory building.
Building distance, minimum shall mean the shortest distance measured from any point between buildings, exclusive of any permitted projections that are regulated separately.
Building front shall mean the exterior building wall of a structure on the side or sides of the structure fronting and oriented toward a street or highway, excluding eaves or roof overhangs.
Building height shall mean the vertical distance measured from the average level of the highest and lowest point of that portion of the lot covered by the building to the highest point of the structure.
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Figure 2: Building Height
Building Official shall mean the head of the Building and Safety Division of the City of Big Bear Lake and shall include his designees.
Building, principal shall mean one (1) or more buildings on a lot or building site designed or used to accommodate the primary use to which the premises are devoted.
Building site shall mean a lot, or contiguous lots of land in single, multiple or joint ownership which provides the area and open spaces required by this Development Code for construction of a building or buildings or establishment of a use.
Business office shall mean an office that has as its main function the arrangement of business transactions, the holding of sales meetings and administrative conferences, the receiving of client payments, and the keeping of records and accounts pertaining to a business.
Business or commerce shall mean the purchase, sale or other transaction involving the handling or disposition of any article, substance or commodity or service for profit or livelihood, and shall include office buildings, offices, recreational or amusement enterprises.
Camp, private shall mean land or premises used for the primary purpose of providing outdoor and/or indoor group accommodations, typically for persons with common social, spiritual, educational or recreational objectives. This term also includes conference center and retreat center.
Camp, public shall mean land or premises used or intended to be used, let or rented for camping purposes by two or more camping parties, trailers, or tents, for a period not to exceed 30 days.
Care facility, residential shall mean a residential facility that provides care, supervision and/or rehabilitation services to the residents on up to a 24-hour per day basis. This term may include residential care facilities for the elderly, mentally disabled, or handicapped
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persons, or dependent and neglected children, or alcoholism or drug abuse recovery facilities for 6 or fewer residents.
Care facility, social shall mean a public, private or institutional facility that is licensed to serve 7 or more persons, who may be unrelated or related, and which provides lodging, meals, care, supervision and/or rehabilitation services on up to a 24-hour per day basis for compensation. This term may include transitional housing, supportive housing, congregate living health facility, intermediate care facility, pediatric health and respite care facilities, and alcoholism or drug abuse recovery facility, for 7 or more persons, but excludes cases of contagious or communicable diseases, and surgery or primary treatments such as are customarily provided in sanitariums and hospitals.
Caretaker’s unit shall mean a dwelling unit accessory to a principal commercial or multiple family residential use on a site, intended and used for occupancy on the same site by a caretaker, manager, security guard, or similar position requiring residence on the site, in accordance with Section 17.25.
Carport shall mean a permanent roofed structure not completely enclosed, used or intended to be used for vehicle parking.
Cemetery shall mean land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. Cemetery includes columbaria, crematories and mausoleums, and may include chapels when operated in conjunction with and within the boundary of such cemetery.
Centerline shall mean the right-of-way centerline as determined by the City Engineer or by the State Division of Highways of the State of California.
Certificate of Occupancy shall mean a document issued by the Building and Safety Division allowing the occupancy or use of a building and certifying that the structure, building or development conforms to all the applicable municipal codes, codes and conditions of approval.
Channel shall mean a watercourse with a definite bed and banks that confine and conduct the normal continuous or intermittent flow of water.
Change of use shall mean any use that substantially differs from the previous use of a building or land, including a change in type or intensity of use.
City shall mean the City of Big Bear Lake, California, or the area within the territorial limits of the City of Big Bear Lake, California, and such territory outside of the City of Big Bear Lake, California, over which the City of Big Bear Lake, California, has jurisdiction or control by virtue of any constitutional or statutory provision.
City Council shall mean the City Council of the City of Big Bear Lake, California.
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City Planner shall mean the City Planner of the City of Big Bear Lake or his/her designee.
Club shall mean an association of persons organized for some common purpose, but not including groups organized primarily to render a service which is customarily carried on as a business. Club, country, shall mean a private club organized and operated for social purposes and possessing outdoor recreational facilities, such as golf courses, tennis courts or polo grounds.
Clubhouse shall mean any building used by an association of persons, organized for some common purpose, but not including a group organized solely or primarily to render service customarily carried on as a commercial enterprise.
Code shall mean a code adopted by Ordinance of the City of Big Bear Lake or the Big Bear Lake Fire Protection District.
Commercial use shall mean an occupation, employment, or enterprise that is carried on for profit by the owner, lessee, or licensee.
Communication facility shall mean a building or structure constructed for the purpose of relaying or conveying information transmitted via microwave, fiber optic or electronic equipment, including but not limited to cellular telephone poles and antennae, microwave repeater towers and antennae, radio and television towers, and their accessory structures and uses. This definition does not include non-commercial communication facilities such as licensed amateur radio stations and standard radio and television receive-only antennas. Communication facilities are further classified as a Major Communication Facility or Minor Communication Facility.
Communication facility, major shall mean a communication facility that, due to size, scale, location, or other characteristics, is likely to have some detectable impact on adjacent uses or on the environment, including aesthetic or visual impacts, or that may have a cumulative impact on the community due to the number of sites included or in combination with other projects. This definition includes freestanding antenna structures, including monopoles and towers, or the placement of a network of wireless communication facilities throughout an area onto existing structures, or other facilities which, as determined by the City Planner, warrant this classification.
Communication facility, minor shall mean a communication facility which by its size, scale, location, design, or combination of such measures allows the facility to be aesthetically integrated into the surrounding environment so as not to be readily seen or recognized as a communication facility and is not likely to have some detectable impact on adjacent uses or on the environment.
Compatibility shall mean the characteristics of different uses or activities that permit them to be located near each other without conflict in uses or operations.
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Conceptual development plan shall mean a site plan that indicates conceptual ideas for development and represents aspects of a development project such as building placement, circulation/access, drainage/grading, buffers, utilities, phased improvements, and landscaping.
Conditional use shall mean a use that may locate in certain zoning districts provided it will not be detrimental to the public health, safety and welfare, and will not impair the integrity and character of the zone district.
Conditional use permit shall mean a discretionary entitlement that may be granted under the provisions of this Development Code, which when granted authorizes a specific use to be made of a specific property, subject to compliance with conditions of approval imposed on the entitlement.
Conditions, covenants and restrictions (CC & R’s) shall mean the limitations and/or provisions pertaining to a development project which have been agreed to by the parties holding interest in such project, and which are recorded against the title to the property.
Condominium shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in air space in a building on such real property.
Congregate meal facility shall mean a facility that provides scheduled meals on a daily basis for families or individuals who are homeless or low income. This term does not include homeless shelters or transitional housing.
Conservation easement shall mean an easement granting a right or interest in real property that is appropriate to retaining land or water areas predominantly in their natural, scenic, open, or wooded condition; retaining such areas as suitable habitat for fish, plants, or wildlife; or maintaining existing land uses.
Construction shall mean any site preparation, assembly, erection, substantial repair, alteration or similar action conducted on public or private property.
Contractor’s yard shall mean a use providing the distribution or storage of supplies, equipment or materials related to construction activities, or the recycling and stockpiling of construction related materials such as asphalt and concrete. This term shall include a construction materials yard, vehicular service center, or similar use.
Contiguous shall mean the same as Adjacent.
Contour grading shall mean a grading technique that utilizes curvilinear, horizontal, and vertical undulations in order to simulate the characteristics of natural topography.
Convenience store shall mean a retail establishment that contains less than five thousand (5,000) square feet of gross floor area utilized in whole or in part for the retail sale of a variety of Page 17.02 - 11 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
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frequently needed personal convenience items such as groceries, delicatessen items, staples, dairy products, pre-packaged foods, sundry items and/or alcoholic beverages, and which may include the sale of automotive gasoline and related products.
County shall mean the County of San Bernardino.
Courtyard shall mean an open, unoccupied space other than a yard, unobstructed from ground to sky, bounded on 2 or more sides by the walls of a building. An inner courtyard is a courtyard entirely enclosed within the exterior walls of a building. All other courtyards are outer courtyards.
Covenant shall mean a private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.
Cross lot drainage shall mean a drainage system that conveys surface water run-off towards the rear or side lot line where it is captured in a drainage channel, pipe, or similar structure and directed across lot lines to an approved point of discharge, or detention or retention.
Cul-de-sac shall mean a local street, one end of which is closed and consists of a circular turn- around.
Day care, commercial shall mean a facility that is licensed and utilized to provide daily non- medical care and supervision for children under 18 years of age for periods of less than 24 hours per day for compensation, excluding large-family and small-family day care facilities. This term includes nursery schools and preschools.
Day care, family shall mean a single-family residential facility, occupied by the operator, which is licensed and utilized for the purpose of providing daily non-medical care and supervision to 14 or fewer children less than 18 years of age.
Day care, large family shall mean a Family day care facility in which 7 to 12 children under the age of 18 are cared for, including children under 10 years of age who reside in the home, plus up to 2 additional school age children, in accordance with State Department of Social Services regulations.
Day care, small family shall mean a Family day care facility in which one to 6 children under the age of 18 are cared for, including children under 10 years of age who reside in the home, plus up to 2 additional school age, children in accordance with State Department of Social Services regulations.
Daylight grading shall mean a grading technique that designates an existing natural contour as the transition line between a manufactured pad for development and an adjacent natural slope face and that eliminates the need for fill slopes along the exposed edges of the development pad.
Days shall mean consecutive calendar days unless otherwise stated.
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Decision, discretionary shall mean decisions that require the exercise of judgment, deliberation, or decision on the part of the reviewing authority in the process of approving or disapproving a particular activity, as distinguished from Ministerial decisions in which the reviewing authority’s determination is limited to finding whether there has been conformity with applicable statutes, codes, or regulations.
Decision, ministerial shall mean decisions that are approved by a reviewing authority based upon a given set of facts in a prescribed manner in obedience to the mandate of legal authority in which the reviewing authority’s determination is limited to finding whether there has been conformity with applicable statutes, codes, or regulations.
Dedication shall mean the donation to a public agency of land or the right to utilize land, for a specific public use.
Dedication, offered shall mean that portion of land that is irrevocably offered to the City for future public rights-of-way that has no prospective future date for acceptance, construction to City standards, and/or notice of completion.
Density shall mean the total number of dwelling units permitted per net acre of land; within a development project, the density is calculated by dividing the number of dwelling units within the project by the gross area of the project site. The dwelling unit density range permitted under the applicable land use classification shall apply to the overall project site, provided that compliance with all applicable development standards can be met.
Density bonus shall mean a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application by the developer to the City, as an incentive for inclusion of affordable housing within the project.
Density transfer shall mean an increase in density on one portion of a property to a level that may exceed the underlying General Plan designation of that portion of the property while maintaining a gross density over the entire property that is consistent with the underlying General Plan designation.
Design shall include but is not limited to the planning and engineering of the following: street alignments, grades and widths; drainage and sanitary facilities and utilities, including alignment and grades thereof; location and size of all required easements and rights-of- way; fire roads and fire breaks; lot size and configuration; traffic access; grading; land to be dedicated for park or recreational purposes; location and size of all proposed buildings and structures; provision of landscaping and open space; pedestrian and bicycle facilities; architectural style; colors and materials; and any other such specific physical improvements.
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Development shall mean the placement or erection of any solid material or structure; discharge or disposal of any dredged material or any gaseous liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any soil or materials; change in the density or intensity of use of land, including, but not limited to, subdivisions pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure including any facility of any private, public or municipal utility; and the removal of any major vegetation. As used in this Development Code, “structure” includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line. A “project”, as defined in Government Code Section 65931, is included with this definition.
Development agreement shall mean a contract between a developer and the City establishing the conditions under which a particular development may occur.
Development Code shall mean the adopted Development Code of the City of Big Bear Lake, as it may be amended from time to time.
Development proposal shall mean an application for approval of a specific plan, subdivision, conditional use permit, plot plan review, variance, or any other development permit or entitlement application that has been filed with and is pending for consideration by the City, pursuant to this Development Code.
Development Review Committee (DRC) shall mean a committee formed of staff members from City departments and other affected agencies, for the purpose of reviewing development applications to determine the conformity of each application with the City’s General Plan, this Development Code, and other applicable standards and regulations.
Discontinue (Discontinuance) shall mean the cessation or removal of a use for a specified period of time or permanently.
District, zone. See Zone.
Domicile shall mean a residence that is a permanent home to an individual or household.
Dormitory shall mean a structure intended principally for sleeping accommodations, and where no individual kitchen facilities are provided, when such structure is related to an educational, or public institution or camp facility or is maintained and operated by a recognized non-profit welfare organization.
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Drainage facilities shall mean improvements constructed for the storage or conveyance of storm water runoff in drainage channels, including channels, culverts, ponds, storm drains, drop-inlets, outfalls, basins, pumps, gutter inlets, manholes, and conduits.
Drive-in facility shall mean an establishment or portion thereof from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
Driveway shall mean a permanently surfaced area providing direct access for vehicles between a street and a permitted off-street parking or loading area.
Drought resistant landscaping shall mean plant material that is able to thrive with minimal watering.
Duplex shall mean a building designed or used exclusively for occupancy by two (2) families and containing two (2) dwelling units.
Dwelling shall mean a structure or portion thereof designed for residential occupancy, not including hotels or motels.
Dwelling, multiple shall mean a building or portion thereof, designed for occupancy by 2 or more households, living independently of each other and containing 2 or more dwelling units.
Dwelling, primary shall mean the principal single-family dwelling unit located on a lot where a temporary dependent dwelling unit is existing or proposed.
Dwelling, single family shall mean a building designed for residential occupancy and used exclusively for occupancy by one family or household and containing one dwelling unit.
Dwelling, three family (triplex) shall mean a building designed for residential occupancy and used exclusively for occupancy by 3 families or households and containing 3 dwelling units.
Dwelling unit shall mean one or more rooms in a building or portion thereof, designed, intended to be used or used for occupancy by one family or household for living and sleeping quarters, and containing only one kitchen, not including hotels or motels.
Dwelling unit, attached shall mean a unit completely within an existing principal building or added to an existing principal building, provided that both dwelling units shall be attached by a common wall, floor, or ceiling and not simply by an attached breezeway or porch; and shall be contained within one building. A second dwelling unit constructed above an existing detached garage shall be considered an attached unit.
Dwelling unit, detached shall mean a unit that is structurally independent and separated from the existing primary dwelling. Page 17.02 - 15 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.02 – Definitions
Easement shall mean the grant of one or more property rights by the owner of property to, or for the use by, the public, a corporation, or another person or entity, for a specific purpose.
Eave shall mean the projecting lower edge of a roof overhanging the wall of a building.
Educational facility, commercial shall mean a school, institute, or training facility operated for profit, which may include but not be limited to trade or vocational schools, traffic schools, business schools, computer training facilities, beauty schools, and similar establishments.
Educational institution shall mean a public, private, parochial or other non-profit institution conducting regular academic instruction at the elementary, secondary, collegiate levels and university or graduate level qualified by the State Department of Education. Educational institution does not include schools or institutes that operate for a profit, nor does it include commercial, trade or vocational schools.
Efficiency dwelling unit shall mean a dwelling unit that combines kitchen, living and sleeping facilities into one room in an apartment consistent with the definition of an “efficiency dwelling unit” as defined by the most recent edition of the California Building Code.
Electric distribution substation shall mean an assembly of equipment that is part of a system for the distribution of electric power where electric energy is received at a sub- transmission voltage and transformed to a lower voltage for distribution for general consumer use.
Elevation shall mean a vertical distance above or below a fixed reference level
Elevation drawing shall mean a flat scale drawing of the front, rear or side of a building or structure, drawn to scale and showing architectural details, colors and materials.
Emergency shall mean a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss of or damage to life, health, property or public services.
Emergency shelter means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.
Enclosed shall mean a covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features.
Encroachment shall mean any projection into a delineated floodway, right-of-way, adjacent land or required setback.
Engineer, City shall mean the City Engineer of the City of Big Bear Lake.
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Entertainment, live shall mean any act, play, revue, pantomime, scene, dance act, musical performance, performance act, or song, storytelling, or poetry reading, or any combination thereof, performed by one or more persons, either employees or patrons of a business establishment, whether or not they are compensated for the performance.
Equipment rental yard shall mean a use providing for maintenance, servicing, or storage of motor vehicles, equipment, or supplies; or for the dispatching of service vehicles required in connection with a business activity, public utility service, transportation service, or similar activity.
Explosives shall mean any explosive substance, having a power equal to or greater than that of ordinary black powder, including but not limited to blasting caps, detonating, fulminating or electric caps, gunpowder and dynamite, but shall not include fixed ammunition for small arms.
Extended stay lodging shall mean a hotel, motel or lodging facility that allows short term lodging for no more than 180 days that provide dwellings units consistent with the definition of an “efficiency dwelling unit” as defined by this chapter and the most recent edition of the California Building Code.
Extraction shall mean the removal from the earth of oil, water, gas, gravel, mineral or geothermal resources by drilling, pumping or other means, whether for exploration or production purposes.
Facade shall mean the exterior walls of a building exposed to public view, or those walls viewed by persons not within the building.
Family shall mean one or more persons related by blood, marriage or legal adoption, or a group of persons including unrelated individuals living together as a relatively permanent, bona fide housekeeping unit.
Family entertainment center shall mean an establishment engaged in providing a range of entertainment activities to a variety of age groups including children. Such activities may include but not be limited to batting cages, go-cart tracks, miniature golf courses, snow or water slides, play areas, amusement machines and limited food service, provided that any facility having more than four (4) amusement machines shall also be classified as an Amusement arcade.
Fence shall mean an artificially constructed barrier of any material, or combination of materials, erected to enclose or screen areas of land.
Fence, open shall mean a fence that permits at least fifty (50) percent open visibility through the fence.
Fill shall mean any material or substance that is deposited, placed, pushed, dumped, pulled or transported or moved to a new location and the conditions resulting therefrom. Fill also Page 17.02 - 17 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.02 – Definitions
includes pilings placed for the purpose of erecting structures thereon when located in a submerged area. Examples of fill material include, but are not limited to, earth, excavated or dredged materials, sand, gravel, rock, riprap, and concrete.
Finding shall mean a determination or conclusion based on the evidence presented to the reviewing authority, in support of its decision on a land use application.
Fire Chief shall mean the head of the Big Bear Lake Fire Protection District and shall include his or her designees.
Fire District shall mean the Big Bear Lake Fire Protection District, or the area within the territorial limits of the Big Bear Lake Fire Protection District, and such territory outside of the Big Bear Lake Fire Protection District over which the Big Bear Lake Fire Protection District has jurisdiction or control by virtue of any constitutional or statutory provision.
Floodplain shall mean any land area susceptible to being inundated by water from any source.
Floodplain Management Ordinance shall mean Ordinance No. 2002-324 of the City of Big Bear Lake, as it may be amended from time to time.
Floor area, gross shall mean the sum of the gross horizontal areas of average floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking space, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than 6 feet.
Floor area, habitable shall mean the total horizontal area of all the floors of a building measured from the exterior surface of the outside walls including all floors below ground level but exclusive of vent shafts, courtyards and garages.
Floor area ratio (FAR) shall mean the numerical value obtained through dividing the gross floor area of a building or buildings, excluding below grade floor area, by the total area of the lot or parcel of land on which such building or buildings are located.
Footcandle shall mean the illumination on a surface one square foot in area on which there is a uniformly distributed flux of one lumen; one footcandle equals one lumen per square foot.
Frontage, street or highway shall mean that portion of a lot or parcel of land which abuts a public or private street or highway, as measured along the common lot line separating said lot or parcel of land from the public street or highway.
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Figure 3: Frontage
Front wall shall mean the nearest wall of a structure to the street upon which the structure faces, excluding awnings, canopies, eaves and any other architectural embellishments.
Gable shall mean the vertical triangular end of a building from cornice or eaves to ridge.
Garage, private shall mean an accessory building or an accessory portion of the main building, designed and used primarily for the shelter or storage of vehicles owned or operated by the occupants of the main building.
Garage, public shall mean a building other than a private garage used for the parking and storage of vehicles that is available to the general public.
Garage sale shall mean the sale from the residence or residential lot of a vendor of his personal property which has been used in his home and which personal property was not purchased, acquired, or solicited by the vendor for the purpose of resale. A Residential yard sale or patio sale is included within the definition of garage sale.
Gas station shall mean an establishment primarily engaged in the sale of gasoline and oil only, excluding repair work. See Automobile service station or Convenience store for other similar uses.
General Plan shall mean the comprehensive, long-term General Plan for the physical development of the City of Big Bear Lake, as adopted by the City Council and as amended from time to time.
Glare shall mean the effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and ability.
Government Code shall mean the State of California Government Code.
Grade shall mean the vertical location of the ground surface.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Grade, finished shall mean the final grade of the site after development, which conforms to approval plans.
Grade, natural shall mean the elevation of the ground surface in its natural state, before manmade alterations.
Gradient shall mean the rate of vertical change of a ground surface expressed as a percentage figure and determined by dividing the vertical distance by the horizontal distance. (Also see Slope and Slope steepness.)
Grading shall mean any excavation, filling, or movement of earth material by mechanical means, including but not limited to rock processing, dredging, blasting, bulldozing, and digging.
Grading, mass shall mean a grading technique in which all lots, building pads and streets are graded over the entire site area resulting in the disruption of the majority of the on-site natural grade and vegetation, and often resulting in, but not required to result in, a successive pad/terrace configuration.
Gross leasable area (GLA) shall mean the total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines, and upper floors, if any; expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
Ground floor street frontage shall mean the floor of a building that is accessible from ground level, adjacent to a street. In a case where the ground floor street frontage is required to be used for retail uses, this term shall mean the portion of the structure facing the street, which a customer enters from the ground level.
Groundcover shall mean low-growing plants used to prevent soil erosion.
Guest house shall mean living quarters located within an accessory building that is ancillary, subordinate to and located on the same premises with a Primary dwelling and occupied solely by members of the family, temporary guests or persons regularly employed on the premises. Such quarters shall not contain kitchen facilities and shall not be rented or otherwise used as a separate Dwelling unit.
Habitable structure shall mean a structure that is suitable for human occupancy for purposes of employment, habitation or other purpose.
Hazardous material shall mean any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential threat to public safety if released into the workplace or the environment.
Health club shall mean an establishment providing exercise and other health fitness conditioning, including gymnasiums, aerobic dance and exercise classes, reducing salons, spas, and similar fitness facilities.
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Health Department shall mean the County of San Bernardino Department of Environmental Health Services.
Health facilities, mobile shall mean mobile facilities providing health services, such as bloodmobiles, health, hearing, or vision screening; and health fairs.
Height. See Building height
High water line shall mean that line that is estimated by the highest elevation of a body of water. The High water line for Big Bear Lake is 6,743.2.
Highest adjacent grade shall mean the highest natural elevation of the ground surface prior to construction of a proposed structure.
Home occupation shall mean an accessory occupation or business carried out for gain within a dwelling unit in a residential zone conducted by a resident of a dwelling that is secondary or incidental thereof, which is conducted entirely within a dwelling by the inhabitants thereof, which use is clearly incidental to the use of the structure for dwelling purposes and which does not change the character thereof, and for which there is no display, no stock-in-trade, no commodity sold on the premises, and no mechanical equipment used except that necessary for housekeeping purposes. Home occupations may be permitted pursuant to Section 17.03.280.
Homeless shelter shall mean a facility that provides sleeping accommodations and restroom facilities to homeless persons for less than a 24-hour stay. This term does not include congregate meal facilities or transitional housing.
Homeowners association shall mean an organization incorporated under state law among residential property owners who have a common interest in certain property, for the purpose of owning, operating, and maintaining said property.
Hospital shall mean an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to ill or injured persons, and licensed by state law to provide in-patient facilities and services in surgery, obstetrics, and general medical practice.
Hotel shall mean a building in which there are six or more guest rooms where transient lodging (for a period of 30 consecutive calendar days or less) with or without meals is provided for compensation; typical incidental uses may include meeting rooms, restaurants, and recreation facilities.
Household shall mean one or more individuals living together in a single dwelling unit, with common access to all living and kitchen areas and facilities within the dwelling unit.
Illegal structure, use, or lot shall mean a structure, lot, or use that did not conform to applicable laws when constructed or initiated and which has not been granted legal nonconforming status by a categorical provision of this Development Code or has not been brought into full conformity by a specific remedy provided in this Development Code. Page 17.02 - 21 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.02 – Definitions
Illumination intensity shall mean an expression, in wattage or foot-candles, of visually perceived brightness from an artificial light source.
Impervious surface shall mean any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land.
Improvement shall mean any place, building, structure, natural feature, or object constituting a physical addition to real property or a structure on real property, or any part of such addition or façade.
Improvement, tenant shall mean an improvement within the confines of an existing building exclusive of those required to meet minimum Uniform Building Code occupancy standards such as wiring or plumbing.
Inauguration of use shall mean that applicable grading and building permits have been issued, and that substantial work has been performed on the project site and substantial liabilities have been incurred in good faith reliance on such permits, such that the use shall be considered to be established on the project site pursuant to the applicable land use approval.
Infrastructure shall mean permanent physical improvements, whether public or private, required to support development, including but not limited to streets, sewer, water, utilities, drainage facilities, and public facilities.
Inoperative vehicle shall mean any vehicle which is not currently registered or which is not capable of self-propulsion.
Intersection shall mean where (2) or more roads connect at grade.
Institutional use shall mean a nonprofit or quasi-public use or institution such as a church, library, post office, public or private school, hospital, or city-owned building, or land or structures used for public purposes.
Junk shall mean any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition. Materials or equipment kept on any premises for use in the construction of any building on such premises, and any materials or equipment customarily used on a farm or ranch, and so situated, shall not be deemed “junk” within the meaning of this section.
Junk or Salvage Yard shall mean any premises used for the keeping or storage of junk, including but not limited to, iron and scrap metals, paper, rags, glass, wood and similar materials and shall include the dismantling of machinery or the storage or keeping for sale of parts and equipment resulting from dismantling or wrecking operations on said property or elsewhere.
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Kennel shall mean any structure or facility in which 6 or more dogs, cats, or other small animals over the age of four (4) months are kept, whether such keeping is for pleasure, profit, breeding, or exhibiting, including places where said animals are boarded, kept for sale, or hire.
Kitchen shall mean any room or portion of a room used, intended, and designed to be used for cooking or the preparation of food, including storage and refrigeration.
Lake shall mean an inland water body, either natural or manmade, fed by springs or surrounding drainage.
Land use shall mean the way in which property is or will be utilized or occupied.
Landscape area shall mean those portions of a building site or development site that are set aside to remain in open space, excluding driveways, parking, paving, loading or storage areas, or portions of structures, and in which landscaping exists or is planned to be installed.
Landscaping shall mean the planting and maintenance of some combination of trees, shrubs, vines, ground covers, flowers, lawns, or other plant material, decorative hardscape, or other decorative features to land. This combination may include natural landscape features such as rock and stone, and structural features including but not limited to fountains, reflecting pools, art works, and benches.
Law shall mean the United States Constitution, federal law and statutes, the Constitution and statutes of the State of California and the codes and ordinances of the City of Big Bear Lake and/or Big Bear Lake Fire Protection District, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
Legislative body shall mean the City Council of the City of Big Bear Lake.
Light source shall mean a device that produces illumination, including incandescent light bulbs, fluorescent and neon tubes, halogen and other vapor lights and reflecting surfaces or refractors incorporated into a lighting fixture. Any translucent enclosure of a light source or reflective surface is considered to be part of the light source.
Liquor store shall mean an establishment in which the primary use is the sale of alcoholic beverages for consumption off-site which requires a license from the State Alcohol Beverage Control.
Loading space or loading zone shall mean an off-street space or berth used exclusively for loading or unloading of goods from a vehicle in connection with the use of the site.
Lodging facility, commercial shall mean a room or group of rooms used or intended for use by overnight occupants as a single unit on a transient basis (less than 30 days), providing lodging with or without meals provided to patrons, except for Transient Private Home Rental units permitted pursuant to Section 17.03.310.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Lot shall mean a piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record that is recognized and intended as a unit for the purpose of transfer of ownership, and which may be used, developed, or built upon as otherwise permitted by law. See Figure 4 for various types of lots, which include the following:
Lot, corner shall mean a lot located at the intersection of 2 or more streets at an angle of not more than 135 degrees. If the angle is greater than 135 degrees, the lot shall be considered an “interior lot.”
Lot, flag shall mean a lot not fronting on or abutting a street right-of-way and where a narrow portion of the lot provides access to the right-of-way.
Lot, interior shall mean a lot abutting only one street.
Lot, key shall mean a lot with a side property line that abuts the rear property line of any one or more adjoining lots
Lot, reverse corner shall mean a corner lot, the rear of which abuts the side of another lot.
Lot, through shall mean a lot having frontage on two generally parallel streets, with only one primary access.
Figure 4: Types of Lots
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Lot area shall mean the total horizontal area included within the lot lines of a lot or parcel of land.
Lot coverage shall mean the total horizontal area of a lot, parcel or building site covered by any building that extends more than 3 feet above the surface of the ground level, including any covered car parking spaces.
Lot depth shall mean the horizontal length of a lot, which shall be measured as follows:
For lots having straight front and rear lot lines, lot depth shall be measured as an imaginary line connecting points bisecting the front and rear lot lines.
For lots having irregularly-shaped front or rear lot lines, lot depth shall be measured as an average of the length of the side lot lines and an imaginary line connecting the bisecting points of the front and rear lot lines.
Figure 5: Lot Depth
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Lot frontage shall mean that portion of the lot abutting a street, or the length of that portion of the lot abutting the street.
Lot line shall mean a line bounding a lot. See Figure 6 for various types of lot lines, which include the following:
Lot line, front shall mean the line separating the parcel from the street on an interior lot. On a corner lot, front shall mean the shorter lot line abutting a street. (If the lot lines on a corner lot are equal in length, the location of the front lot line shall be determined by the City Planner.) On a through lot, front shall mean the lot line abutting the street providing the primary access to the lot.
Lot line, interior shall mean any lot line not abutting a street.
Figure 6: Lot Lines
Lot line, rear shall mean a lot line, not intersecting a front lot line, which is most closely parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only 3 lot lines, rear lot line shall mean an imaginary line within the lot having a length of 10 feet, parallel to and most distant from the front lot line, which shall be interpreted as the rear lot line for the purpose of determining required yards, setbacks, and other provisions of this Development Code.
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Lot line, street side shall mean any lot line other than the front lot line that abuts a street.
Lot width shall mean the horizontal distance between the side lot lines as measured at the required front setback line (see Figure 7).
Figure 7: Lot Width
Lot, substandard shall mean a lot or parcel of land that has less than the required minimum area or dimensions as established by the zone in which it is located, provided that such lot or parcel was of record as a legally created lot on the effective date of this Development Code.
Major tenant means the business that occupies the greatest amount of leasable floor area in an office or commercial project.
Manufactured home shall mean a structure, as defined in Section 65852.3 of the California Government Code, transportable in one or more sections and is built on a permanent chassis and designed to be used as a dwelling with a fixed permanent foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, which is certified under the National Manufactured Housing Construction and Safety Act of 1974, and which is installed on a lot zoned Single Family Residential (R-1). Manufactured home includes a mobile home subject to the National Manufactured Housing Construction and Safety Act of 1974, and which complies with this section.
Manufactured home park shall mean any lot or parcel of land where sites are rented or leased, or offered for rent or lease, for one or more manufactured homes.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Manufactured home site shall mean that portion of a manufactured home park designated for use or occupancy of one manufactured home, designed or used for the habitation of one household, and including all appurtenant facilities thereon.
Manufactured home subdivision shall mean an area of land where lots are divided for sale, rent or lease to accommodate manufactured homes.
Manufacturing shall mean the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the construction of products, and the blending of materials such as plastics, resins or oils.
Marina shall mean a use primarily providing water-oriented services such as yachting boating activities, boat rentals, boat storage and launching facilities, sport fishing activities, excursion boat and sight seeing facilities and other related ancillary activities, including but not limited to fuel sales for users of the premises and minor and boat and engine repair required to support the primary use.
Massage means any method of treating the external parts of the body for remedial, health, or hygienic purposes by means of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external parts of the body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, or with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments, other similar preparations commonly used in this practice, or any other system for treatment or manipulation of the human body with or without any form of bath, such as Turkish, Russian, Swedish, Japanese, Shiatsu, acupressure, vapor, shower, electric tub, sponge, mineral, fomentation, or any other type of bath, including herbal body wraps.
Massage, accessory use means massage that is provided by a licensed and permitted massage technician as an accessory use to an approved primary use in which the massage use includes only one massage table or one chair and where only one permitted massage technician is on-duty at any one time, in accordance with applicable City requirements.
Massage establishment means any establishment having a fixed place of business where any person provides or attempts to provide, engages in, conducts, carries on, or permits to be engaged in, conducted, or carried on, any business of providing massages, as defined in this section, or health treatments involving massage as the principal function and where more than one massage table or chair will be utilized, or more than one licensed and permitted massage technician will be on-duty at any one time.
Massage technician includes “masseur”, or “masseuse”, “massage practitioner” and “massage therapist”, and means any person who administers to any other person, for any form of consideration or gratuity, a massage as defined in this section.
Medical office shall mean any facility providing physical or mental health service, and medical or surgical care of the sick or injured but shall not include in-patient or overnight
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accommodations. Medical clinic includes health center, health clinic and doctor’s offices.
Mobile home shall mean a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein.
Mobile home development shall mean an area of land where lots are divided for sale, rent or lease to accommodate mobile homes.
Mobile home park shall mean any area or tract of land where two or more mobile home lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium, or other form of resident ownership, to accommodate mobile homes used for human habitation.
Mobile home site shall mean that portion of a mobile home park designated for use or occupancy of one mobile home, designed or used for the habitation of one household, and including all appurtenant facilities thereon.
Model home shall mean a dwelling unit located in a residential zone district temporarily used for display purposes as an example of dwelling units available for sale in a particular residential development.
Month shall mean a calendar month.
Motel shall mean one or more buildings containing guest rooms or dwelling units, with one or more such rooms or units having a separate entrance leading directly from the outside of the building or from an inner court. Such facilities are designed, used, or intended to be used, rented or hired out for temporary or overnight accommodations for guests, and are offered primarily to automobile tourists or transients by signs or other advertising media.
Motor vehicle shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street or highway, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
Multi-tenant shall mean any building occupied by more than one business.
Municipal Code shall mean the City of Big Bear Lake Municipal Code.
Noise shall mean any undesirable audible sound.
Nonconforming lot, legal shall mean a lot, the area, dimensions or location of which were lawfully created in compliance with all applicable ordinances and laws at the time the lot was created, but which, due to the application of this Development Code, or any
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amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the lot is located.
Nonconforming structure, legal shall mean any structure or improvement that was lawfully established in compliance with all applicable ordinances and laws at the time it was erected, but which, due to the application of this Code or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
Nonconforming use, legal shall mean any use of land or property that was lawfully established in compliance with all applicable codes and laws at the time the use commenced, but which, due to the application of this Development Code or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
Nuisance, in the context of this Title, shall mean the use of property in a manner that is not in compliance with the provisions of this Development Code.
Official Zoning Map shall mean a map that graphically shows all zoning district boundaries and classifications within the City of Big Bear Lake, as adopted by ordinance by the City Council.
Office shall mean a building or portion thereof wherein services are performed involving predominantly administrative, professional, or clerical operations.
Offsite shall mean located outside of the boundaries of the property that is the subject of a development application.
Onsite shall mean located on the lot that is the subject of an application for development.
Open space shall mean an area of land which is unimproved except for landscaping or recreational facilities, and which is set aside, dedicated, designated, or reserved for public or private use or enjoyment for scenic, environmental, or recreational purposes. Open space does not include: area covered by buildings or accessory structures (except recreational structures), paved areas (except recreational facilities), proposed and existing public and private streets or driveways, or school sites. See Figure 8 for various types of open space, which include the following:
Open space, common shall mean open space within a project, owned, designed, and set aside for use by all occupants of the project or by occupants of a designated portion of the project. Common open space is not dedicated to the public and is owned and maintained by a private organization made up of the open space users. Common open space includes common recreation facilities, open landscaped areas, and greenbelts, but excludes pavement or driveway areas, or parkway landscaping within public right-of-way.
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Open space, private shall mean that open space directly adjoining the unit or building which is intended for the private enjoyment of the occupants of the unit or building. Private open space shall in some manner be defined such that its boundaries are evident. Private open space includes private patios or balconies and front, rear, or side yards on a lot designed for single family detached or attached housing.
Figure 8: Open Space
Open space, usable shall mean outdoor or unenclosed area on the ground or on a deck or terrace, designed and accessible for outdoor living space, recreation, pedestrian access, or landscaping but excluding streets, parking facilities, driveways, utility or service areas, or areas which due to their small size or location are not usable for open space purposes.
Ordinance shall mean an ordinance of the City of Big Bear Lake and/or Big Bear Lake Fire Protection District.
Outdoor recreation facility shall mean a privately owned or operated use providing facilities for outdoor recreation activities, including golf, tennis, skiing, swimming, riding, or other outdoor sport or recreation, operated predominantly in the open, except for clubhouses and incidental enclosed services or facilities.
Outdoor storage shall mean the keeping, in an unroofed area, of any goods, junk, material, merchandise, or other similar items in the same place for more than 24 hours.
Overhang shall mean the part of a roof or wall that extends beyond the façade of a lower wall.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Overhang, vehicle shall mean the portion of a vehicle extending beyond the wheel stop or curb.
Owner applied to a building or land, shall mean any person appearing on the last equalized assessment roll of the County of San Bernardino, including any part owner and joint owner.
Pad, building shall mean that area of a lot graded relatively flat, or to a minimum slope, for the purpose of accommodating a building and related outdoor space.
Parapet shall mean the extension of the main walls of a building above the roof level.
Parcel of land shall mean a contiguous quantity of land in the possession of, or owned by, or recorded as the property of, the same claimant(s) or person(s).
Park shall mean an open space area set aside and available for use by the general public for recreational, educational, environmental, cultural, or scenic purposes.
Parking area shall mean any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.
Parking, covered shall mean a permanent carport or garage that provides full overhead protection from the elements with roof coverings customarily used in building construction. Canvas, plastic, lath, and vegetation are not ordinary roof coverings and do not qualify a space, when used, as providing a covered parking space.
Parking, off-site shall mean the development and use of a parking area on a separate parcel or property from that occupied by the business served by said parking area.
Parking, shared shall mean the development and use of parking areas for joint use by more than one business.
Parking space shall mean an area, not including driveways, ramps, loading or work areas, which has been delineated and is maintained exclusively for the parking of one (1) motor vehicle.
Parkway shall mean the area of a public street that lies between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for walkways, landscaping and/or passive recreation purposes.
Patio cover shall mean any roof-like structure attached to another structure, or any extension of a roofline, constructed for the purpose of decoration or protection from the elements in connection with outdoor living.
Patio Sale - see Garage Sale
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Perimeter shall mean the boundaries or borders of a lot, tract, or parcel of land.
Permit shall mean written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.
Permitted use shall mean any use allowed in a zone and subject to the restrictions applicable to that zone.
Person shall mean any individual, partnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, business trust, agency, district, receiver, syndicate or any group or combination thereof, acting as a unit, including any trustee, receiver or assignee.
Phase shall mean any contiguous part or portion of a project that is developed in a sequential manner or as a unit in the time period.
Planned development shall mean the planning, construction or implementation and operation of any use or structure, or a combination of uses and structures, based on a comprehensive and complete design or plan treating the entire complex of land, structures and uses as a single project.
Planning Commission shall mean the Planning Commission of the City of Big Bear Lake.
Play court shall mean any area having a paved or hard surface, used for recreational purposes, including but not limited to courts for tennis, racquetball, squash or badminton play. A basketball hoop adjacent to a driveway or attached to a structure is not a play court for purposes of this Development Code.
Plot plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning all of the buildings, structures, uses, easements, and the exact manner of development proposed for a specific parcel of land, along with information on adjacent streets and properties as may be required by the City Planner.
Plot plan review shall mean a discretionary entitlement which may be granted under the provisions of this Code which, when granted, authorizes the construction of a specific development on a parcel of land or the substantial modification of an existing development pursuant to Section 17.03.160, subject to compliance with conditions of approval imposed on the action.
Preceding and Following shall mean next before and next after, respectively.
Pre-zoning shall mean the act of designating, in advance of annexation, the zoning to be applicable to a site upon subsequent annexation of that site to the City of Big Bear Lake.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Principal use shall mean the primary purpose for which a building, structure, or lot is designed, arranged, or intended, or for which they may be used, occupied, or maintained under this Development Code.
Professional office shall mean an office from which a doctor, lawyer, engineer, or architect or similar professional may offer services within an approved building in a commercial zone (excluding home occupations).
Prohibited use shall mean a use that is not permitted in a zone district.
Project shall mean the total development within the boundaries as defined on the development proposal.
Project inauguration shall mean the issuance of applicable grading and building permits, installation of internal infrastructure and foundations and the initiation of on-going ground construction. Any cessation of construction activity for over 180 days shall nullify the inauguration of a project for purposes of this Development Code.
Projection, architectural shall mean any projection, including eaves, awnings, and/or chimneys, which extend beyond the face of an exterior wall of a structure.
Property includes real and personal property.
Public facility shall mean any establishment, building, or operation that is intended to be used by members of the general public or for the establishment of a public use.
Public hearing shall mean an open meeting announced and advertised in advance and open to the public, where the public is given the opportunity to make comments on the items advertised, and all reports, testimony and discussion at the meeting is incorporated into the administrative record for the development proposal.
Public meeting shall mean an open meeting for which an agenda is posted in advance, as required by state law, but for which additional notice is not required.
Public notice shall mean the advertisement of a public hearing or public meeting, or of an intended action on a development proposal, in a newspaper of general circulation in the area, by posting, mailing, or otherwise, which notice indicates the time, place, project description, and name of the approval or advisory body considering the action.
Public right-of-way shall mean a strip of land acquired by reservation, dedication, prescription or condemnation and which is intended to be or is presently occupied by a road, sidewalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer, bikeway, pedestrian walkway, or other public use.
Public utility installation shall include telephone, electric, and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves, or structures; sewer pipes,
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valves, or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment, and structures necessary for conducting a service by a government or public utility.
Reciprocal parking shall mean a parking area utilized by two or more parties by mutual consent.
Reciprocal parking and access agreement shall mean a contract between parties in which they enter into mutual agreement to provide parking and vehicular access between each of the parties. Commonly, these agreements are used between commercial properties.
Recorder shall mean the Recorder of the County of San Bernardino.
Recreational facility, commercial shall mean an establishment providing recreation, amusement, or entertainment services including indoor uses such as theaters, bowling lanes, billiard parlors, skating arenas, and other similar services, and outdoor uses such as golf, tennis, basketball, baseball, skiing, swimming, and similar services, operated in a commercial zone on a private or for profit basis.
Recreational vehicle shall mean a vehicle that is built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck or sport utility vehicle; and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. The term recreational vehicle includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, boats and boat trailers, and all-terrain vehicles.
Recreational vehicle park shall mean any area or tract of land, in an area zoned for recreational use, where one or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles or tent camping used for travel or recreation purposes, and which is occupied for a period of not more than thirty (30) days for each space.
Recyclable material shall mean products including, but not limited to, newspapers, newsprint, aluminum cans, tin cans, low density polyethylene containers, corrugated cardboard, high-grade paper and mixed paper, glass or plastic bottles or containers, or steel and other types of scrap metals, polyethylene terephthalate containers marked “1”, high density polyethylene containers marked “2”, low density polyethylene containers marked “4”, California redemption containers, ferrous metals, non-ferrous metals, white paper, mixed paper, telephone books, Christmas trees, other holiday trees, and other similar items that can be diverted from landfills.
Recycling facility shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. A recycling facility does not include storage containers or processing activity located on the Page 17.02 - 35 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.02 – Definitions
premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer; or a transfer station where non-recyclable, solid waste is dropped off and processed for efficient transfer to landfills and other approved solid waste disposal areas. Recycling facilities may include the following:
1. Small Collection Facility
A small collection facility is a center that occupies an area no more than 500 square feet for the acceptance by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power driven processing equipment. Small collection facilities may include the following: a. Reverse vending machines; b. Mobile units; c. Bulk reverse vending machines occupying more than 50 square feet; d. Kiosk type units which may include permanent structures; e. Unattended containers placed for the donation of recyclable materials;
2. Large Collection Facility
A large collection facility is a center that occupies an area in excess of 500 square feet and which may include permanent structures.
3. Processing Facility
A processing facility is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user’s specifications, by such means as bailing, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:
a. A light processing facility occupies an area of not more than forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting grinding, shredding, and sorting of source separated recyclable materials and repairing of reusable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
b. A heavy processing facility is any processing facility other than a light processing facility.
Religious institution shall mean any building or structure, or group of buildings or structures, which are primarily used for the conducting of regular and organized religious services and church related activities, exclusive of educational institutions.
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Repair shall mean the reconstruction or renewal of any part of an existing building, structure, or other improvement, for the purpose of its maintenance.
Residence shall mean a dwelling where an individual or household is actually living at a specific point in time. A person may have multiple residences but the home maintained as the permanent home is the domicile.
Residential use shall mean the use of property or structures for human habitation, including the activities of cooking, eating, sleeping and living.
Residentially designated property shall mean property in any jurisdiction that is either zoned or designated in the General Plan of that jurisdiction for residential uses.
Restaurant shall mean an establishment which is regularly and in a bona fide manner used and open for the serving of meals to guests for compensation and which has adequate kitchen facilities for cooking an assortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for the keeping of food on the premises and must comply with all the regulations of the San Bernardino County Health Department.
Retail trade shall mean establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Reverse vending machine(s) shall mean an automated mechanical device which accepts at least one or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.
Reviewing authority shall mean the person or decision-making body (i.e., City Planner or designee, Planning Commission, or City Council) responsible for the review and action on a development proposal or permit, pursuant to Chapter 17.03.
Rezone shall mean to change the zoning classification of particular lots or parcels of land.
Right-of-way. See Public right-of-way.
Riparian shall mean of, pertaining to, situated, or dwelling on the bank of a river, lake, pond, or other body of water.
Roofline shall mean the top edge of the roof or top of the parapet, whichever forms the top line of the building silhouette.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Room shall mean an unsubdivided portion of the interior of a dwelling, excluding bathrooms, kitchens, closets, hallways, and service porches.
Rooming house and boarding house shall mean a residential building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the public, whether with or without meals.
Run with the land shall mean a covenant restriction to the use of land contained in a deed and binding on the present and all future owners of the property.
Sanitarium shall mean the same as hospital.
Satellite dish shall mean an apparatus capable of receiving communications from a transmitter relay located in planetary orbit.
School, public or private shall mean the same as educational institution. School, vocational, business or trade shall mean a facility primarily teaching usable skills that prepare students for jobs in a trade, and meeting state requirements as a vocational facility; see educational facility, commercial
Screening shall mean a method of visually shielding or obscuring a structure or use, or portion thereof, from an abutting or nearby use, or from the general public, by a fence, wall, hedge, berm or similar structure, architectural or landscape feature, or combination thereof.
Second dwelling unit shall mean an additional dwelling unit on a single-family residential lot in accordance with California Government Code Section 65852.2; second dwelling units are prohibited in the City of Big Bear Lake, based on the findings contained in Section 17.25.210.
Setback shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line (see also yard).
Setback line shall mean a line within a lot parallel to and measured from a corresponding lot line, forming the boundary of a required yard and governing the placement of structures and uses on the lot (see also Yard).
Sexually oriented businesses shall mean those uses defined in Ordinance No. 99-302, as it may be amended from time to time.
Shopping center shall mean a grouping of retail business and service uses on a single site with common parking facilities.
Shoreline shall mean a nearly level stretch of land besides a lake that may be man-made or created by the action of the water.
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Sidewalk shall mean that portion of a street between the curbing and the adjacent property line that is paved or otherwise provided with an approved surface accessible to the disabled, and intended for the use of pedestrians.
Sign shall mean any object having a visual appearance primarily used for or having the effect of attracting attention from the streets, sidewalks, or other outside public areas for identification purposes, including but not limited to all outdoor advertising and any card, cloth, paper, paint, plastic, metal, painted glass, or wooden or stone materials, and any and all devices, structural and otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides, or top of any structure, on any land, or any rock, bush, wall, tree, post, fence, building, or structures, which device in any manner, or by any means, whether enumerated in this paragraph or not, conveys a message, announces or directs attention to the name, nature, merits, availability, price, or type of goods, services, or products produced, sold, stored, furnished, or available at that location or at any other location, and including the support elements, distinct background area and decorative embellishments thereof, with the exception of the following:
1. Such devices not exceeding one square foot in area and bearing only property numbers, names of occupants or other similar identification on a site;
2. Flags and other insignia of any government not displaying a commercial message;
3. Legal notices, or notices containing identification, informational, or traffic directional information;
4. Decorative or architectural features of buildings, except letters, trademarks, or moving parts;
5. Holiday decorations and lights;
6. Government traffic controlling devices.
For definitions of specific sign types and terms, see Section 17.12.020.
Sign Ordinance shall mean Ordinance No. 2000-310 of the City of Big Bear Lake, as codified in Chapter 17.12 of this Development Code, as it may be amended from time to time.
Site plan shall mean a plan, prepared to scale, showing accurately and with complete dimensioning the boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific development site.
Slope shall mean an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. See Gradient.
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Slope face shall mean the slope located directly below, and leading up to, the crest of a ridgeline or prominent landform.
Slope, manufactured shall mean a man made slope created by grading that consists wholly of cut or filled material.
Slope steepness shall mean the relationship (the ratio) between the change in elevation (rise) and the horizontal distance (run) over which that change in elevation occurs. The percent of steepness of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by 100. (See Figure 9)
Figure 9: Calculation of Slope
Ski resort shall mean a commercial recreational facility offering skiing and snowboarding facilities, which also includes ancillary sales, rental and service of related equipment and accessories, eating establishments, and related services.
Social or professional organization shall mean a nonprofit association of persons, whether incorporated or unincorporated, organized for some common purpose including
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fraternities, sororities, lodges, political membership, veterans, civic, social, and similar organizations, but not including a group organized primarily to render a service customarily carried on as a business.
Solid fill shall mean any non-combustible materials, insoluble in water, such as soil, rock, sand, or gravel, which can be used for grading land or filling depressions.
Special event shall mean an outdoor temporary use or group of related outdoor temporary uses of limited duration that is not regularly conducted on a site as a normal, ongoing component of the primary land use occupying the site; for types of special events, see Section 17.03.300.
Specialty food store shall mean a retail establishment offering sale of packaged and prepared food products to a specific segment of consumers, including but not limited to meat markets, health food stores, or ethnic food stores carrying solely those items that are the customary fare of a particular culture. A specialty food store may also include a full service food market containing less than five thousand 5,000 square feet of gross floor area wherein at least 10 percent of the gross floor area is utilized for the sale of fresh meat, seafood, and fresh produce.
Specific plan shall mean a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.; approval of any new specific plan is subject to Section 17.03.290.
Sphere of influence shall mean the ultimate physical boundary and service limits of the City as approved by the San Bernardino County Local Agency Formation Commission.
Stable, commercial shall mean a stable for horse, mules, ponies, or other equines that are rented, used, or boarded on a commercial basis for compensation.
Stable, private shall mean an accessory building or enclosure for the keeping of horses, mules, or ponies owned by the occupants of the premises and not rented, used, or boarded on a commercial basis for compensation.
State shall mean the State of California.
Stockpile shall mean the temporary placement or storage of inert materials, including but not limited to rock, sand, gravel and soil. No stockpile shall contain biological material, such as green waste, trash, composted material, bio-solid material or sludge.
Storage facility, personal shall mean a building or group of buildings in a controlled access compound that contains varying sizes of individual, departmentalized, and controlled access stalls or lockers for the storage of customers’ goods or wares.
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Big Bear Lake Development Code Chapter 17.02 – Definitions
Street shall mean any public or private highway, road, or thoroughfare that affords the primary means of access to abutting property, including all right-of-way.
Street, private, shall mean a street that is not dedicated for public right-of-way.
Structure shall mean anything that is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. As used in this Development Code, “structure” includes but is not limited to any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line, or communication facility.
Structure, principal shall mean the building(s) or structure(s) in which the principal use of the lot is conducted.
Subdivider means a person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not subdividers.
Subdivision shall mean the division, by any subdivider, of any unit of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future, pursuant to state law.
Supportive housing shall mean a residential unit as defined in subdivision (b) of Section 50675.14 of the California Health and Safety Code. Supportive housing is a residential use of property subject to the same requirements and standards that apply to other residential uses of the same type in the same zone.
Swap meet shall mean any indoor or outdoor place, location or activity where new or used goods or secondhand personal property is offered for sale or exchange to the general public by individual licensed vendors, usually in compartmentalized spaces; and, where a fee may be charged to prospective buyers for admission, or a fee may be charged for the privilege of offering or displaying such merchandise. The term swap meet is interchangeable with and applicable to flea markets, auctions, or other similar activities, but the term does not include supermarket or department store retail operations.
Telephone repeater station shall mean a building used for housing amplifying equipment along aerial or underground telephone cable routes. See communication facility.
Temporary dependent housing shall mean a residential dwelling unit intended for the sole occupancy of one or two adult persons who are 62 years of age or over, or handicapped, permitted in accordance with Section 17.25.130.
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Temporary structure shall mean a structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased.
Temporary use shall mean a use established for a specified period of time, with the intent to discontinue the use at the end of the designated time period.
Tenant and occupant shall mean, when applied to a building or land, any person who occupies the whole or a part of such building or land, whether alone or with others.
Timeshare shall mean a project in which a person purchases an undivided interest in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually or on some other basis.
Thrift store shall mean a commercial location where used merchandise is offered for sale or exchange to the general public, where the value of such merchandise is not increased by virtue of its age or rarity.
Townhouse shall mean a dwelling subdivided into individual units such that each owner owns the unit structure and the land on which the unit is located or an exclusive easement for it, plus a common interest in the land upon which the building is located.
Trailer shall mean a vehicle designed for carrying persons or property on its own structure and capable of being drawn by a motor vehicle.
Transient private home rental shall mean a dwelling unit, including either a single family detached or multiple family unit, rented for the purpose of overnight lodging for a period of not less than one night and not more than 30 days, pursuant to Section 17.03.310.
Transitional housing shall mean a residential unit as defined in subdivision (h) of Section 50675.2 of the California Health and Safety Code. Transitional housing is a residential use of property subject to the same requirements and standards that apply to other residential uses of the same type in the same zone.
Transfer station shall mean an area, including any necessary buildings or structures, for the temporary storage of solid waste, prior to its transport to a landfill.
Tree shall mean a self-supporting woody plant growing upon the earth that usually provides one main trunk and produces a more or less distinct and elevated crown with many branches. For purposes of this Development Code, the term “tree” shall include only those trees with a trunk of 6 inches or greater diameter at 4.5 feet above existing grade, except that if a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point below the split.
Tree Conservation Ordinance shall mean Ordinance No. 2002-325, as codified in Chapter 17.10 of this Development Code, as it may be amended from time to time. Page 17.02 - 43 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2011-417, Adopted 12/12/11
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Triplex shall mean the same as dwelling, three-family.
Use shall mean the purpose for which land or a building or structure is arranged, designed, or intended to be utilized, or for which it is or may be utilized, occupied or maintained.
Use, accessory. See accessory.
Variance shall mean a discretionary entitlement that permits the departure from the strict application of the development standards contained in this Development Code, pursuant to Section 17.03.180.
Vehicle shall mean a device by which a person or property may be propelled, moved, or drawn upon a highway or water, except a device moved exclusively by human power, or used exclusively upon stationary rails or tracks.
Vehicle, commercial shall mean a vehicle customarily used as part of a business for the transportation of goods or people.
Vehicle sight area shall mean the area established at street intersections and driveways, in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
Vehicle queuing area shall mean an area for temporary stopping of motor vehicles in a line while awaiting service, such as provided at a drive-through business.
Veterinary clinic, small animal shall mean any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from medical procedures.
Warehouse or storage and distribution building shall mean a building primarily used for the storage of equipment, building materials, lumber, furniture, manufactured goods, wholesale products, and similar types of materials or finished products, including, but not limited to wholesale distribution facilities, and moving and transfer storage, except that these terms do not include personal storage facilities or excluding bulk storage of materials which are flammable or explosive or which create hazardous or commonly recognized offensive conditions.
Warehousing shall mean the act of maintaining or operating a warehouse.
Watercourse shall mean a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which water flows at least periodically. This definition shall include specifically designated areas in which substantial flood damage may occur.
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Wetland shall mean an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that, under normal circumstances, does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Wholesale sales shall mean the sale of goods by an individual or firm, usually in large quantities and at lower prices, to another individual or firm for the purposes of resale; or a sale of product for which the purchaser pays no sales tax.
Workforce housing shall mean housing that is targeted towards individuals and households with annual incomes in the moderate or below income categories as published annually by the State of California Department of Housing and Community Development.
Xeriscape shall mean trees, shrubs, groundcover, and other plant material that survive with a limited amount of supplemental water.
Yard shall mean an open space on a parcel of land, other than a court, unobstructed and unoccupied from the ground upward, except for projections permitted by this Development Code. See Figure 10 for various types of yards, which include the following:
Figure 10: Types of Yards
Yard, front shall mean an area extending across the full width of the lot between the front lot line or the existing or future street right-of-way and a structural setback line parallel thereto. On corner lots, the shortest street frontage shall be the front
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yard in residential land use districts, while the longest street frontage shall be the front yard in commercial/industrial land use districts.
Yard, interior side shall mean an area extending from the required front yard (or, where there is no required front yard, from the front lot line) to the required rear yard (or, where there is no required rear yard, to the rear lot line) and from the interior side lot line to a setback line parallel thereto.
Yard, rear shall mean an area extending across the full width of the lot between the rear lot line and a setback line parallel thereto. On flag lots, the location of the rear yard shall be determined by the City Planner based on the project design and surrounding development pattern.
Yard, street side shall mean an area extending from the required front yard (or, where there is no required front yard, from the front lot line) to the rear lot line, and from the side street lot line, or the existing or future side street right-of-way (whichever is greater) to a structural setback line parallel thereto.
Yard sale - see Garage Sale
Year shall mean 365 days, or a calendar year.
Zero lot line shall mean the location of a structure on a lot in such a manner that one or more of the structure’s sides rest directly on a lot line.
Zone shall mean a portion of the territory of the City, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and buildings are not permitted and within which certain yards and open spaces are required and certain height limits and other standards are established for buildings, all as set forth and specified in this Development Code.
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CHAPTER 17.03 GENERAL PROCEDURES
17.03.010 INTENT AND PURPOSE
This chapter contains the procedures and regulatory provisions necessary to administer this Development Code in order to provide for land use consistency with the General Plan, regulate uses which have the potential to adversely affect surrounding properties, promote an attractive, livable and economically viable community, and provide flexibility in standards and requirements when special circumstances exist.
17.03.020 REVIEW PROCEDURES
A. The land use applications set forth in this chapter shall be reviewed and approved in accordance with the following basic procedures, and with the applicable provisions of this chapter for each type of application:
1. Public hearing by the City Council and/or Planning Commission, in which the reviewing authority invites public testimony for and against the land use proposal, reviews evidence and renders its decision; or
2. Administrative review, used when land use decisions are made based upon standards that have been adopted by the City as law or policy. The reviewing authority shall be the City Planner, or his or her designee. The reviewing authority may render a land use decision without giving notice to surrounding property owners and other parties. However, where deemed necessary, the reviewing authority may require that notice be provided to contiguous property owners pursuant to Section 17.03.030.C.
B. Review procedures for each application type are specified in Sections 17.03.150 through 17.03.320 of this chapter.
17.03.030 NOTIFICATION PROCEDURES
A. General provisions.
1. When a provision of this title or other applicable ordinance of the City of Big Bear Lake or state law requires notice to the public of a proposed land use decision, notice shall be provided pursuant to this section. Notice may be given in such other manner as is required by state law or deemed necessary or desirable by the City Planner.
2. Notice shall be given by first class mail to any person who has filed a written request for such notice.
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3. Notice shall be given in the case of a conversion of residential real property to a condominium project, community apartment project or stock cooperative, pursuant to state law.
4. “Surrounding property”, for the purposes of this section, shall be defined as those properties that fall within a radius drawn from the nearest limits of the property that is the subject of the land use application, as follows:
a. If the subject property is 5 acres or less in size, all properties within 300- foot radius shall be notified;
b. If the subject property is greater than 5 acres but ten or less acres in size, all properties within a five hundred 500 foot radius shall be notified;
c. If the subject property is greater than 10 acres in size, all properties within a seven hundred 700-foot radius shall be notified;
d. The City Planner may expand the surrounding property notice requirement if deemed necessary to include all properties potentially affected by the application.
5. "Contiguous property", for the purpose of this section, shall be defined as those properties which touch property lines of any parcel that is the subject of a land use decision, including those properties which touch said property lines of the subject parcel when projected across public or private rights-of-way and easements.
6. A one-eighth page display advertisement in a newspaper of general circulation within the city may be substituted for individual property owner notice, whenever the individual notice would require notification of 1,000 or more property owners.
B. Public hearing notification
1. At least 10 days before the required public hearing on a land use decision, the City Planner shall cause notice of the time and place of the public hearing on the project to be given pursuant to this section.
2. Notice shall be published once in a newspaper of general circulation within the City for land use approvals requiring a public hearing, if such a newspaper has been legally adjudicated for this purpose.
3. Notice shall be posted at least 10 days prior to the public hearing in at least three public places within the boundary of the City.
4. Notice shall be mailed or delivered to the owner of the property or the owner’s agent and to the project applicant.
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5. Notice shall be mailed or delivered to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those services may be significantly affected.
6. The notice shall include the date, time, and place of the public hearing, the identity of the hearing body or officer, a general description of the matter to be considered, a general description, in text or by diagram, of the location of the real property (if any) that is the subject of the hearing, and whether a negative declaration or environmental impact report has been prepared.
7. Whenever a hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, notice shall be mailed or delivered to the blind, aged, and disabled communities in order to facilitate their participation in any hearing on, or appeal of the denial of, a drive-through facility permit, when one or more representatives of this community can reasonably be identified.
8. Additional public notification beyond the boundaries specified in Section 17.03.030.A.4 above may be required for a development related project as determined by the City Planner in any one of the following circumstances:
a. The proposed development is a residential infill project with a higher intensity land use than that of the existing neighborhood; or,
b. The proposed development is a proposed n infill project which requires a General Plan amendment or Environmental Impact Report; or,
c. As determined to be necessary and desirable by the City Planner based on the nature of the proposed project.
9. In determining the boundaries of an expanded notification area, the following criteria shall be used:
a. The expanded area may be directly affected by the proposed project due to proposed or established circulation, drainage patterns, view, grading, or other environmental or infrastructure conditions; or
b. The expanded area is an integral part of the affected neighborhood or subdivision.
c. If it is determined upon initial submittal that supplemental notification is necessary, the applicant shall be notified within thirty (30) days, as part of the City's notice of complete application, of the expanded notification area to be included in the mailings, and shall be required to submit three sets of gummed address labels based on the latest equalized tax assessors rolls for
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the expanded area. The application shall not be deemed complete until the labels have been submitted.
C. Notification of administrative actions
1. The City Planner shall provide mailed notice to contiguous property owners and any other owners of property which, in his/her determination, have the potential to be affected by the proposed project, no later than 10 days prior the decision date, except as otherwise stated in this chapter.
2. Notice shall include information about the proposal, the location of project site, the environmental review process and proposed findings pursuant to the California Environmental Quality Act, the date of the proposed decision, and contact information for the reviewing authority.
17.03.040 DEVELOPMENT APPLICATIONS
A. Scope. Applications for all land use decisions shall be made to the Planning Division on forms available from the division. Each application for a land use decision shall be accompanied by such information and materials deemed necessary by the division and as listed in the application to render the requested land use decision. All applications shall comply with all applicable procedures of this section and shall be consistent with the following:
1. Any application made under the provisions of the Development Code may be initiated by the City Council, or by any person who has a legal interest in the property that is the subject of the application, unless otherwise indicated in this Development Code.
2. All land use decisions that are subject to the California Environmental Quality Act shall be reviewed by the Planning Division.
3. When more than one land use decision is required for a single project, all applications shall be filed concurrently, unless otherwise approved by the City Planner.
4. The Planning Division shall prepare written guidelines that set forth detailed procedures for the review of each application type, and which outline the information and materials required for each application. Any application for a land use decision that does not meet the requirements set forth in the applicable guidelines may be deemed incomplete or not accepted for filing.
B. Application fees and deposits. Concurrent with the submittal of an application for development, a fee and/or deposit shall be made, in the amount determined by resolution of the City Council, and other applicable agencies, to cover the cost incurred in the processing of the application(s). Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 4 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
17.03.050 TIME LIMITATIONS FOR APPLICATION ACCEPTANCE
A. The following time limits are established for accepting land use applications as complete, unless otherwise required or authorized by applicable law.
1. Any application for a permit or entitlement pursuant to this Development Code must be accepted as complete for processing by the Planning Division in order to initiate the official review process. Standard submittal requirements for each permit outlining the form and content of a complete application shall be established by the City Planner. In addition to the standard submittal requirements, the Planning Division may request, in writing, information necessary for the complete analysis of an application. All required materials, information, and fees shall be provided by the applicant before the application is deemed complete for processing.
2. Within 30 calendar days after receipt of an application, the Planning Division shall review the application and determine if it is complete for processing and shall notify the applicant of such determination in writing.
3. Incomplete actions. In the event an application is determined not to be complete within the time frame specified in paragraph A.2 of this section, written notice shall be provided to the applicant specifying those portions of the application that are incomplete. Said notice shall also indicate the information and/or plans necessary to make the application complete. Upon receipt of the required items by the Planning Division, the information shall be reviewed for completeness and a determination of completion shall be made within 30 calendar days and such determination shall be transmitted to the applicant in writing. If the written determination is not made within that 30-day period, the application shall be deemed complete for purposes of this chapter.
B. The City Planner or his/her designee and the applicant may mutually agree to a reasonable extension of these time limits, as permitted by state law.
17.03.060 APPEAL OF DETERMINATION OF INCOMPLETE APPLICATION
A. If, after resubmittal of information required pursuant to Section 17.03.050.A.3, the Planning Division determines that the application remains incomplete after resubmittal and provides a written determination to the applicant pursuant to Section 17.03.050.A.3, the applicant shall have the right to appeal the determination of incompleteness to the Planning Commission pursuant to Section 17.03.110 and as provided in this section.
B. There shall be a final written determination by the Planning Commission on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. If the final written determination on the appeal is not made within that 60-day period, the application with the submitted materials shall be deemed complete. The Planning Commission shall
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be the final reviewing authority on an appeal of a determination of application incompleteness.
C. The City Planner or his/her designee, or the Planning Commission, and the applicant may mutually agree to an extension of these time limits, as permitted by state law.
D. After a final determination that an application is incomplete, the City shall return the application materials to the applicant and shall refund any unexpended portion of the application fee, pursuant to the City’s fee resolution.
17.03.070 TIME LIMITS FOR RENDERING LAND USE DECISIONS
The following time limits are established for rendering land use decisions, unless otherwise required or authorized by applicable law.
A. Except for legislative acts of the City Council, the City shall render its decision on a land use application within the following time limits unless otherwise required or authorized by applicable law:
1. If a negative declaration is prepared, or if the project is exempt pursuant to the Public Resources Code, the project shall be approved or disapproved within the time limits set forth by California Government Code Section 65950, as amended from time to time except as provided in Section 17.03.070.A.3.
2. If an environmental impact report (EIR) is prepared, the project shall be approved or disapproved within the time limits set forth by California Government Code Section 65950, as amended from time to time, except as provided in Section 17.03.070.A.3.
3. Should compelling circumstances justify additional time to complete the environmental review process, no more than one extension of time may be granted by the Planning Division, if the project applicant requests or consents to such an extension, for a period not to exceed 90 calendar days from the date of the extension, subject to the applicable provisions of state law and the City's adopted CEQA Guidelines. No other extension, continuance, or waiver of these time limits either by the project applicant or the City shall be permitted, pursuant to state law.
4. The Planning Commission shall approve, conditionally approve, extend, or disapprove a tentative map within the legal time limits established by the Subdivision Map Act. These time limits or any other time limits for reporting and acting on maps as specified in Title 16 (Subdivisions) of the Municipal Code or any other applicable adopted ordinance, policy or code, may be extended by mutual consent of the subdivider and the Planning Division. Upon consent of the subdivider, a waiver of any of these time limits may be obtained for the purpose of permitting concurrent processing of related land use applications. Pursuant to Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 6 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
California Government Code Section 66452.1(c), the time limits for action on a tentative map commence after the certification of an EIR, adoption of a negative declaration, or a determination that the project is exempt from CEQA review.
B. When a land use application decision is contingent on approval of another application which requires legislative action, such as a general plan amendment or zone change, the time limits specified by this section for acting on such a land use application shall commence on the effective date of the last such legislative action on which that land use application is contingent.
17.03.080 DECISIONS BY REVIEWING AUTHORITY
A. A reviewing authority may refer a request for a land use decision to the reviewing authority designated as the appeal body for that type of land use application. In such cases, the referring authority shall prepare a statement containing the reasons for referring the land use decisions.
B. Prior to rendering a land use decision, the reviewing authority shall address each of the required findings or criteria that apply to the application type as described in this chapter. Evidence or testimony shall be given to substantiate the reviewing authority's determination on each of the findings applicable to the case being considered, and shall be specifically cited in the action taken by the reviewing authority.
C. From time to time, hearings on development applications may be continued, provided that the time and place to which continued is announced prior to adjournment of the meeting from which continued. Where such continuances are requested by the applicant, the city may require payment of fees as specified by City Council resolution, to reimburse costs reasonably borne for such continuance of the public hearing.
D. The reviewing authority may take an action of denial without prejudice on a land use application. Such action shall allow the applicant to reapply for the same permit immediately upon the effective date of the decision unless otherwise specified in the Development Code.
E. In approving an application for a land use decision, the reviewing authority may establish reasonable conditions to its approval that are found to be necessary to protect the public health, safety and general welfare.
F. The reviewing authority shall ensure that each application approval is consistent with the San Bernardino County Hazardous Waste Management Plan, and shall add conditions of approval as deemed necessary to ensure compliance with said Plan.
G. For legislative actions such as general and specific plan amendments, zone changes, and development-related ordinances, the Planning Commission shall review and make a recommendation to the City Council as the final reviewing authority.
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H. The Planning Commission shall adopt and publish rules for the conduct of their hearings or meetings on zoning matters.
I. When a city staff report exists concerning a zoning matter, such report shall, if possible, be made available to the public prior to any subsequent public hearing on the matter and shall be presented and made a part of the public record at the beginning of such hearing.
J. When a zoning matter is contested and a prior written request is made to the body conducting a hearing on the matter, a record of the hearing shall be made, and copies made available to any interested party at cost. A deposit may be required with such request.
17.03.090 EFFECTIVE DATE OF LAND USE DECISIONS
A. Ordinances approving land use decisions shall become effective 30 days after the second reading of the ordinance, unless some later date is specified within the ordinance.
B. Land use decisions made at a public hearing shall be effective on the eleventh day after the decision date, except when the eleventh such day is not a city business day. In such circumstances, the land use decision shall become effective on the next city business day following such eleventh day.
C. Land use decisions made by administrative action shall become effective on the eleventh day after the written notice of the land use decision has been deposited in the U. S. mail, except when the eleventh such day is not a city business day. In such instances, the land use decision shall become effective on the next city business day following such eleventh day.
D. Notwithstanding the provisions of this section, land use decisions which are made contingent upon approval of a legislative action, such as a general plan amendment or zone change, shall become effective on the date when the approval of the last such application to which they are subject becomes effective.
17.03.100 MODIFICATIONS TO LAND USE APPROVALS
A. Minor modifications to the approved site plan or the conditions of approval for a development project may be approved by the City Planner through an application for a Minor Modification, pursuant to Section 17.03.250 of this Development Code. However, should the City Planner determine that the proposed modification(s) may have significant impacts on the project site or surrounding properties, the City Planner may require submittal of an application and approval of a major modification to the original project approval. In the latter case, the review procedures for the requested modification(s) shall be those that were applicable to the project when originally reviewed.
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17.03.110 APPEAL PROCEDURES
A. Prior to its effective date, any land use decision made in accordance with the provisions of this Development Code by a reviewing authority other than the City Council, may be appealed by the applicant, a member of the City Council, or any other person as follows:
1. The Planning Commission shall consider appeals regarding land use decisions made by the City Planner.
2. The City Council shall consider appeals regarding land use decisions made by the Planning Commission.
3. Appeals of any actions of the City Planner or Planning Commission, as outlined above, may be made by any person in the manner described below. While an appeal is pending, the establishment of any affected structure or use is to be held in abeyance.
B. Applications for an appeal of a land use decision, including an appeal filed by a member of the City Council, shall be made upon forms supplied by the reviewing authority to which the appeal is being made. All such applications for appeals shall be submitted to the Planning Division and shall be accompanied by a written statement of the grounds upon which the appeal is based. A uniform fee, as established by the City Council, shall be paid at the time the appeal is filed.
C. An appeal of a land use decision must be filed prior to the date on which such land use decision becomes effective, as specified in Section 17.03.090 of this Chapter. Within 30 days of the acceptance of an application for an appeal of a land use decision (except where otherwise provided in the Subdivision Map Act), the City Planner or City Clerk shall establish a hearing date and shall give notice of the date, time and place of the hearing to the appellant, the applicant, and to any other party who has requested in writing to be so notified. In addition, notice shall also be given in the same manner as notice was given for the land use decision being appealed.
D. Any member of the City Council who appeals a land use decision made in accordance with the provisions of this Development Code to the City Council shall abstain from participating as a member of the City Council in the appeal hearing and decision, but may provide written or oral testimony on the matter to the City Council in the same manner as, and in the time provided for, members of the general public.
E. Notwithstanding the provisions of Section 17.03.110.D regarding appeal procedures for any City Council member, the City Council may vote at a duly noticed public meeting to review a decision by the Planning Commission, within 10 calendar days of such decision. The application decision requested for City Council review shall be agendized at the next regularly scheduled meeting, and shall not be subject to payment of a fee.
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F. Upon hearing the appeal, the appeal body shall consider the record and such additional evidence as may be offered, and may affirm, reverse or modify, in whole or in part, the order, requirements, decision, determination, interpretation or ruling being appealed, or may make or substitute such other or additional decision or determination as it may find warranted under the provisions of the Development Code, or other applicable adopted City code, resolution or standards. The appeal body is subject to all of the criteria and findings requirements imposed upon the original decision maker, including the requirements for environmental review. The appropriate authority shall forthwith transmit a copy of the decision to the applicant, appellant and, in the case of a City Council decision, to the Planning Commission.
17.03.120 APPROVAL PERIOD FOR CONDITIONAL LAND USE DECISIONS
A. Any conditional land use decision made in accordance with the provisions of this Development Code shall be subject to the following time limitations:
1. Unless all conditions have been complied with and the occupancy, use or division of land authorized by the land use decision has been inaugurated or been recorded within the time specified for each land use application type within this Development Code, the land use decision shall become null and void. For the purposes of this section, the term "inaugurated" shall mean that applicable grading and building permits have been issued, and that substantial work has been performed and substantial liabilities have been incurred in good faith reliance on such permits.
2. Where circumstances warrant, the reviewing authority may grant an extension of time. The length of such extension shall be determined by the reviewing authority based on the limitation specified in this chapter, but in no case shall a conditional land use decision be extended for a total approval period exceeding 3 years unless otherwise provided by state law. The reviewing authority of an application for an extension of time of a previously approved development project shall be the authority which reviewed the original application, except where such application was approved on appeal, in which case the reviewing authority shall be the appeal body. All requests for a time extension shall be submitted in complete form within 90 days prior to the expiration date and must be deemed complete by the City by the expiration date in accordance with Sections 17.03.050 and 17.03.060, or the project approval will be deemed to have expired.
3. Public projects shall not be subject to a time limitation unless specific time limits are included within conditions placed upon the project's approval. When time limits are placed within the conditional approval of a public project, extensions of time may be granted whenever warranted, provided no single action is taken to grant an extension greater than 24 months.
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17.03.130 PRE-CONSTRUCTION CONFERENCE
A. The city may request that a project applicant or developer attend a pre-construction conference prior to the issuance of grading and/or construction permits for a conditionally approved development project. The purpose of this conference is to acquaint the developer with the requirements, policies and procedures of the city, to identify special conditions of approval and/or mitigation measures which must be addressed at the construction stage, and to familiarize the city with anticipated construction schedules and personnel.
B. The applicant may be required to submit materials at the time of application to facilitate review of construction related issues on the project.
17.03.140 FINAL CLEARANCE
A. No building, structure, or land shall be used or occupied, and no change in the existing occupancy classification or existing use of a building, structure, or land, or portion thereof, shall be made unless zoning clearance is first obtained from the Planning Division, in addition to other required approvals, inspections, and certificates.
B. New buildings, building expansions and building alterations
Final clearance from the Planning Division shall be granted only after such new buildings, enlargement, or alteration have been completed in conformity with the provisions of the Development Code and with any approved site development plans and required conditions, and when the proposed use conforms to the Development Code and any other applicable adopted city ordinances, resolutions, ordinances, or standards.
C. Existing buildings and undeveloped land
Except as provided in Section 17.03.320 (Non-Conforming Uses and Structures), final clearance from the Planning Division shall be granted for the re-use of an existing building or the use of undeveloped land only after the improvements for such building or land conform to the property development standards of the Development Code and other applicable city codes, resolutions, ordinances, or standards. Such standards may include the provision of required walls, landscaping, parking, trash enclosures, street improvements, and all other improvements determined by the reviewing authority to be necessary or required by any regulating authority for the particular use.
17.03.150 PRELIMINARY DEVELOPMENT REVIEW
A. An applicant may submit materials for and attend a preliminary development review conference to evaluate the development proposal prior to acceptance of a formal application. The purpose of this conference is to acquaint the city and other agencies with the intentions of the applicant, to acquaint the applicant with any applicable policies and procedures, to identify city ordinance and improvement standards applicable to the Page 17.03 - 11 Ordinance 2003-333, Adopted 09/08/03 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
proposal, and to identify any significant development opportunities and/or constraints on the site.
B. The preliminary development review shall include an exchange of information concerning the entire area intended by the applicant to be developed, even if such development is intended to proceed by stages, whether or not applications for review of the entire project area are made at the time of the initial application.
C. Application for pre-development review shall be made at the Planning Division and shall be accompanied by the appropriate fee as adopted by the City Council or other agencies. The applicant shall submit development plans and or other applicable materials, showing proposed land use types, areas and locations. The conceptual development plan and/or materials shall include sufficient information about the proposal to permit evaluation of the development issues identified in this section. The application shall include an affidavit signed by the applicant indicating their understanding that the preliminary development review is not an application for a “development project” as defined in California Government Code Section 65920 et seq., and that the time limits of the Permit Streamlining Act are not applicable.
D. The preliminary development review shall address, but not be limited to, the following subject matter, as applicable.
1. Subject parcel: its size, location, dimensions and area; any existing improvements or development on site; existing General Plan and zoning designations.
2. Proposed development project: uses proposed for the site, type and placement of buildings and other improvements.
3. Characteristics of the project site and vicinity: existing and proposed land use designations and development on adjacent parcels; any identified natural or manmade hazards on site or in the vicinity.
4. Proposed circulation improvements, both on and off-site: access points and vehicular access ways, parking, loading, and pedestrian circulation, location and width of existing and proposed improvements on adjacent roadways.
5. Public improvements: type, location and sizes of public facilities likely to be required to support the proposal, including utilities, sewer, water and drainage, along with a plan for providing and maintaining improvements.
6. Open space: location, amount, type and method of maintenance for proposed open space and landscaped areas.
7. Community service impacts: estimated impacts on public services, including schools, parks, fire and police protection, and solid waste disposal.
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17.03.160 PLOT PLAN REVIEW
The plot plan review process is intended to promote orderly and attractive development, recognize environmental limitations on development, stabilize land values and investments, and promote the general welfare by preventing the establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of the General Plan or of this Development Code or which are not properly related to their sites, surroundings, traffic circulation, or environmental setting.
A. General provisions
1. No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development project(s) which requires a plot plan review, without having first complied with the provisions of this chapter.
2. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the applicable zone district in which the project site is located.
3. The following uses have been determined to be exempt from plot plan review requirements:
a. Interior remodels which do not result in substantial changes in the character of the occupancy or use, or cause greater impact on traffic or waste disposal, as determined by the Building Official and City Planner. For purposes of this section, the term “substantial changes” shall mean a change which requires a different occupancy classification under the applicable fire and building codes, or which alters the use of the building from one general use category to another (such as a change from residential to commercial, or a change from office to retail use). The term “greater impact” shall mean a significant increase in the number of vehicle trips generated by the use, or in the amount or type of solid waste generated by the use.
b. Alterations to building exteriors not resulting in substantial changes of use, drainage patterns, parking, traffic, easements, or greater impacts on infrastructure and public services, as determined by the City Planner. For purposes of this section, the term “substantial changes” shall mean a change in use type or use classification as set forth in paragraph 17.03.160.A.3.a, or a change which results in changed or increased storm water runoff, increased parking requirements, increased trip generation, the need for dedication of easements, greater incompatibility with surrounding properties and uses, and/or increased demand for public services.
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c. Repair and maintenance of structures or parking areas, unless constrained by existing infrastructure and existing drainage patterns and/or easements. For purposes of this section, the term “constrained by existing infrastructure” shall mean that any proposed maintenance and/or repair will not alter the site so as to change drainage flows, obstruct easements, or conflict with existing utilities or rights-of-way.
d. Replacement and/or repair of a structure partially destroyed by fire, flood or other natural occurrence, when the repair of such structure is determined by the Building Official and City Planner to be consistent with the design, use and intensity of the original structure, and consistent with the zoning and General Plan designations. For purposes of this section, the term “partially destroyed” shall mean that the cost to repair the structure shall not exceed 50 percent of the value of the structure.
e. Expansions to multiple residential, commercial or industrial buildings or structures of 25 percent or less of the total floor area, or no more than 500 square feet, whichever is less, where the proposed expansion will not result in a change in the land use or intensity, or cause increased impacts on existing infrastructure and public services, as determined by the City Planner. A new plot plan review or major modification shall be required where an addition, which combined with any addition approved within 24 months of the filing of the application, exceeds 25 percent of the total floor area or 500 square feet, whichever is less.
f. Reductions of floor or building area within a previously approved plot plan review where it is determined that the modification would not result in a significant change in circumstances requiring additional environmental or planning review.
g. Single-family residential development (one residence per parcel) on existing lots of record.
4. Where permitted by the zone and unless otherwise specified, the following uses shall require approval of a plot plan review.
a. Any use that is listed as permitted with plot plan review in the applicable zone district.
b. Any new construction of a commercial, industrial, multiple family residential, or institutional use (including public and quasi-public facilities), except as otherwise specified in this Development Code.
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applicable zone district, which will result in an increase in total floor area of 25 percent or greater, or expansions of 500 square feet or greater.
d. Projects involving a change or intensification of land use, when the new use is permitted in the underlying zone district with plot plan review.
e. A conversion of a single-family house to any other use, except as otherwise specified in this Development Code.
5. All applications for plot plan review or a major modification of a plot plan review shall be reviewed by the Planning Commission.
6. Any use existing on the effective date of this Development Code, which was permitted subject to an approved plot plan review, shall be deemed a pre-existing use. Such use may continue in accordance with this section, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of a site or building containing a previously approved plot plan review use which has become non-conforming due to adoption of this Development Code or any subsequent amendments thereto, shall comply with Section 17.03.320 of this chapter regulating non-conforming uses until such use is brought into conformance with this Development Code. Any use existing on the effective date of this Development Code which would require approval of a plot plan review to be established in that zone, but for which such approval has not been obtained, shall be deemed a non-conforming use and regulated by Section 17.03.320 of this Development Code, except that the owner may file an application for a plot plan review to legalize the use along with any proposed expansions, alterations or reconstructions which comply with the requirements of this Development Code. Approval of any such application would eliminate the classification of the property as “non-conforming.”
B. Application procedure
1. Preliminary development review. A conference between City staff, any referral agencies deemed necessary by the city, and the applicant may be conducted pursuant to Section 17.03.150.
2. Formal application submittal
a. The project applicant must be the property owner or an authorized agent.
b. After a preliminary development review has been held, when applicable, the applicant shall prepare a comprehensive site plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the Planning Division, along with the required fee as adopted by the City Council. Information requested on the Page 17.03 - 15 Ordinance 2003-333, Adopted 09/08/03 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the Planning Division.
c. The applicant may be required to clarify, correct or supply additional information before the application is determined by the city to be complete. Upon making the determination as to whether the application conforms to these standards, the city will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in Section 17.03.050, of this chapter.
3. Plot plan
The application shall be accompanied by the required number of plot plan maps, drawn at a minimum scale of 1"=20' or other scale approved by the Planning Division, on standard sheets of 24" by 36". The plot plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the Planning Division.
4. Drawings and elevations
a. Elevations showing the general appearance, features and heights of proposed structures shall be submitted, as required on the application checklist.
b. When required by the Planning Division, drawings and elevations shall be submitted in addition to those accompanying the site plan, which shall include but not be limited to the following:
(1) Roof overhangs and any other parts of the structures that protrude from the building surfaces.
(2) Details indicating rooftop-screening material, methods, and a view analysis of proposed screening, when required.
(3) Uses of each room on floor plans, if required.
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C. Approval requirements
1. A plot plan review approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.
2. A project approved by plot plan review shall be inaugurated within 24 months from the effective date of the decision. One or more extensions of time, not to exceed a total of 12 months from the original expiration date, may be granted pursuant to Section 17.03.120, of this chapter.
3. The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:
a. Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the proposed development.
b. On and off-site improvements, including but not limited to the following:
(1) Grading improvements, erosion control measures, and drainage facilities and structures necessary to protect the public safety.
(2) Curbs and gutters, street pavement, sidewalks, street lights and traffic control devices, and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City of Big Bear Lake and/or California Department of Transportation, as applicable.
(3) Adequate water service, fire flow, and fire protection devices, pursuant to plans and specifications of the City, Department of Water and Power, and Fire Protection District.
(4) Sanitary sewer facilities and connections.
(5) Services from public utilities where provided.
(6) Street trees and landscaping.
(7) On-site landscaping, walls, fences, trash receptacles and enclosures, bicycle racks, and lighting fixtures.
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(8) Pedestrian walkways and site amenities, including seating and other fixtures, where appropriate.
(9) In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and the area.
D. Determination by the approval authority
The approval authority shall determine the merits of the proposed development project and its compliance with the principles, standards, policies and goals of the General Plan, Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake, in order to protect the public health, safety and general welfare. Approval shall be based upon all of the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a plot plan review project:
1. The proposed use and design of the project are consistent with the goals, policies, and objectives of the General Plan;
2. The proposed use and design of the project are consistent with the purpose, intent and standards of the Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake;
3. The site for the proposed project is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application except as otherwise approved;
4. The proposed use and design of the project will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and
5. The site for the proposed project has adequate access, meaning that the site design incorporates street and highway limitations.
E. Revisions and modification
Revisions or modifications to an approved plot plan review can be requested by the applicant in accordance with the procedures and criteria specified below:
1. Minor revisions
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A revision or modification to an approved plot plan review such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site, may be acted on by the City Planner upon submittal of an application, required materials and applicable fees for minor modification, pursuant to section 17.03.250.
2. Major revisions
A major revision or modification to an approved Plot Plan Review such as, but not limited to, change in conditions, expansions, intensification or location of buildings and structures on the site, may be requested by the applicant. Such request shall be processed through application of a major modification or new plot plan review, pursuant to the provisions contained in this Section.
F. New applications following denial
Following the denial of an application for a plot plan review, no application for a plot plan review for the same or substantially the same use and design on the same or substantially the same site shall be filed within 1 year from the date of denial.
17.03.170 CONDITIONAL USE PERMITS
A. The purpose of a conditional use permit is to allow certain uses that contribute to the orderly growth and development of the City to be properly integrated into the surroundings in which they are to be located. The conditional use permit process is intended to provide an opportunity for public review and evaluation of site-specific requirements and characteristics, to provide adequate mitigation of any potentially adverse impacts, and to ensure that all site development regulations and performance standards are provided in accordance with the Development Code. In addition, the conditional use permit ensures ongoing compliance with conditions of operation, which may be applied to the use in order to protect public health, safety and welfare, and to ensure compliance with the General Plan goals, objectives and policies.
B. General provisions
1. No person shall undertake, conduct or use, or cause to be undertaken, conducted or used, any development projects that require a conditional use permit, without having first complied with the provisions of this chapter.
2. In granting any conditional use permit, the reviewing authority shall affix those conditions, which it deems necessary in order to safeguard the public health, safety and general welfare of the district and to ensure compliance with the General Plan. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the reviewing authority may establish more stringent regulations than those otherwise specified for the zone district in which the project is located. The City Page 17.03 - 19 Ordinance 2003-333, Adopted 09/08/03 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
may require dedication of land or easements for public use, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.
3. Any use existing on the effective date of this Development Code, which was permitted subject to an approved conditional use permit, shall be deemed a pre- existing conditional use. Such use may continue in accordance with this Development Code, provided that the use is operated and maintained in compliance with the conditions prescribed at the time of its establishment, if any. Any expansion, alteration, or reconstruction of the use or building containing a previously approved conditional use which has become non-conforming due to adoption of this Development Code or any subsequent amendments thereto shall comply with Section 17.03.320 of this chapter regulating non-conforming uses, until such use is brought into conformance with the Development Code. Any use existing on the effective date of this Development Code which would require approval of a conditional use permit to be established in that zone, but for which such approval has not been obtained, shall be deemed a non-conforming use and regulated by Section 17.03.320 of this Development Code, except that the owner may file an application for a conditional use permit to legalize the use along with any proposed expansions, alterations or reconstructions which comply with the requirements of this Development Code. Approval of any such application would eliminate the classification of the property as “non-conforming.”
4. The Planning Commission shall review requests for conditional use permits at a public hearing, pursuant to Section 17.03.030 of this chapter.
5. Uses listed as "uses permitted subject to approval of a conditional use permit" may be permitted in the applicable zone districts pursuant to the provisions of this article.
C. Application procedure
1. Preliminary development review
A conference between city staff, any referral agencies deemed necessary by the city, and the applicant may be conducted pursuant to Section 17.03.150.
2. Formal application submittal
a. The project applicant must be the property owner or an authorized agent.
b. After a preliminary development review has been held, when applicable, the applicant shall prepare a comprehensive plot plan and complete the required application forms supplied by the city. The applicant shall file said plans and application with the Planning Division, along with the Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 20 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
required fee as adopted by the City Council. Information requested on the application form and other processing requirements, including but not limited to number of copies requested, maps, graphics or informational reports and studies, shall be determined by the Planning Division.
c. The applicant may be required to clarify, correct or supply additional information before the application is determined by the city to be complete. Upon making the determination as to whether the application conforms to these standards, the city will notify the applicant in writing when the application has been accepted, or whether the application has been deemed incomplete, within the time limitations outlined in Section 17.03.050 of this Development Code.
3. Plot plan
The application shall be accompanied by the required number of plot plans, drawn at a minimum scale of 1"=20' or other scale approved by the Planning Division, on standard sheets of 24" by 36". The plot plans shall indicate the location of all known and proposed easements and improvements; structures and improvements proposed to be demolished, relocated, or constructed; and all other pertinent information which can be graphically depicted on the plan, as specified in the checklist provided by the Planning Division.
4. Drawings and elevations
a. Elevations showing the general appearance and features of proposed structures shall be submitted, as required on the application checklist.
b. When required by the Planning Division, drawings and elevations shall be submitted in addition to those accompanying the plot plan, which shall include but not be limited to the following:
(1) Roof overhangs and any other parts of the structures that protrude from the building surfaces.
(2) Details indicating rooftop-screening materials, methods and view analysis of proposed screening, when required.
(3) Uses of each room, or floor plans, if required.
5. Other pertinent information, as required
Where deemed necessary by the Planning Division to complete the City's review and evaluation of the proposed use, additional information may be required regarding ongoing use of the site, including but not limited to hours of operation, provisions for on- or off-site security, and other similar conditions of operation.
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D. Approval requirements
1. Conditional use permit approval shall apply only to the property for which the application was made, and shall apply to that property as long as the use for which approval was granted is in effect, regardless of changes in ownership.
2. The uses authorized by the conditional use permit shall be commenced within the period of time specified by the Planning Commission, not to exceed 24 months from the effective date of the decision, except as otherwise specified in the conditional use permit. One or more extensions of time, not to exceed a total of 12 months from the original expiration date, may be granted pursuant to Section 17.03.120 of this Development Code, except as otherwise specified in the conditional use permit.
3. The following requirements may be placed upon the development project by the reviewing authority as conditions of approval:
a. Dedications and/or easements for streets, alleys, drainage, public utilities, recreational trails, flood control, and such other rights-of-way as may be determined essential to the orderly development of the site and abutting properties, provided that there is a reasonable relationship between the required dedication and the impact of the proposed development, and that the required dedication is related both in nature and extent to the impact of the proposed development.
b. On and off-site improvements, including but not limited to the following:
(1) Grading improvements, erosion control measures, and drainage facilities necessary to protect the public safety.
(2) Curbs and gutters, street pavement, sidewalks, street lights, traffic control devices and bus turnouts and shelters; all road improvements are to be constructed pursuant to plans and specifications of the City of Big Bear Lake and/or California Department of Transportation, as applicable.
(3) Adequate water service, fire flow, and fire protection devices, pursuant to plans and specifications of the City, Department of Water and Power, and Fire Protection District.
(4) Sanitary sewer facilities and connections.
(5) Services from public utilities where provided.
(6) Street trees and landscaping.
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(7) On-site landscaping, walls, fences, trash receptacles and enclosures, bicycle racks, and lighting fixtures.
(8) Surfacing of parking areas subject to city specifications.
(9) In addition to the above requirements, the reviewing authority shall require such additional improvements and facilities as determined reasonably necessary for the proper development of the site and area.
c. Regulation of uses and operations on the site, including but not limited to the following:
(1) Regulation of use.
(2) Regulation of time for certain activities.
(3) Duration of use.
(4) Regulation of noise, vibration, odors and lights.
(5) Maintenance of special yard, spaces and buffer areas.
(6) Regulation of points of vehicular ingress and egress.
(7) Regulation of signs
(8) Required landscaping and site maintenance.
(9) Such other conditions as will male possible the development of the site and surrounding area in an orderly and efficient manner, and in conformity with the intent and purposes of the Development Code.
E. Determination by the approval authority
The approval authority will determine the merits of the proposed conditional use permit, and its compliance with the principles, standards, policies and goals of the General Plan, Development Code and other applicable ordinances and codes adopted by the City of Big Bear Lake, in order to protect the public health, safety and general welfare. Approval shall be based upon all of the following minimum criteria, which shall also constitute the findings to be made by the approval authority in approving or denying a conditional use permit:
1. The proposed use and design are consistent with the goals, policies, and objective of the General Plan;
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2. The proposed use and design are beneficial and desirable to the community and is consistent with the purpose, intent and standards of the Development Code and other applicable codes and ordinances adopted by the City of Big Bear Lake;
3. The site for the proposed project is adequate in size and shape to accommodate all yards, open spaces, setbacks, walls and fences, parking areas, fire and building code considerations, and other features pertaining to the application;
4. The proposed project and the on-going operation of the use will not have a substantial adverse effect on abutting property or the permitted use thereof, and will not generate excessive noise, vibration, traffic, or other disturbances, nuisances, or hazards; and
5. The site for the proposed project has adequate access, meaning that the site design incorporates street and highway limitations.
F. Revisions and modifications
1. Revisions or modifications of an approved conditional use permit may be requested by the applicant in accordance with the procedures and criteria specified below. Further, the Planning Commission may periodically review, modify or revoke a conditional use permit as specified herein, if it determines that the use is not being conducted in accordance with the project approval, or that the use is being conducted in such a manner that it has become detrimental to the public health, safety, or welfare.
2. Revisions/modifications by applicant
a. Minor revisions
A revision or modification to an approved conditional use permit such as, but not limited to, minor changes in the site design, parking or building placement, which will not increase or change the use or intensity of the site or impact fire and life safety, may be acted on by the City Planner upon submittal of an application, required materials, and applicable fees for minor modification, pursuant to Section 17.03.250.
b. Major revisions
A major revision or modification to an approved conditional use permit such as, but not limited to, change in conditions, expansions, intensification, location, hours of operation, or any change which may have the potential to impact fire and life safety, may be requested by the applicant. Such request shall be processed through application of a major modification or new conditional use permit, as determined by the City Planner. Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 24 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
3. Review by Planning Commission
The Planning Commission may periodically review any conditional use permit to ensure that it is being operated in a manner consistent with conditions of approval or in a manner, which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the Planning Commission deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.
G. Modification or revocation
1. Any conditional use permit granted pursuant to this Section, or granted under any of the development codes of the city and still in effect, including any which may have been granted automatically for a nonconforming prior use, shall be revoked upon a finding that one or more of the following conditions exist:
a. That the use is detrimental to the public health or safety or is a nuisance;
b. That the permit or approval was obtained by fraud;
c. That the use for which the permit or approval was granted has ceased, or has been suspended for one year or more;
d. That the applicant has not complied with one or more of the conditions of approval or the permit or approval requirements.
2. Any such finding shall be by the Planning Commission, after public hearing of which the initial applicant (or any successor of record whose address has been furnished) shall be given 10 days of advance written notice by first class mail directed to the applicant’s address of record (or such successor’s address so furnished) as per the files of the Planning Division. Said notice shall contain a notification of the reasons that the revocation is being considered. The finding of the Planning Commission and the determination pursuant thereto, shall be subject to appeal pursuant to Section 17.03.110. Action of the Planning Commission or the City Council on appeal shall be by resolution, and shall contain specific findings and specific action relative to the revocation.
3. Notwithstanding the provisions set forth above, the Planning Commission, or the City Council on appeal, may grant a period of time within which the use may be reactivated, or within which noncompliance with conditions may be remedied. In such event, the resolution shall be considered temporary, and the hearing shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following such extended date or dates set for full compliance. Thereupon by further resolution, the body theretofore otherwise finally acting shall take final action with respect thereto. No further appeal from
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any action of the Planning Commission shall be permitted, and such action of the Planning Commission or City Council shall be final and conclusive.
4. New applications following denial or revocation. Following the denial or revocation of a conditional use permit application, no application for a conditional use permit for the same or substantially the same use and design or use of the same or substantially the same site shall be filed within one year from the date of denial or revocation.
17.03.180 VARIANCES AND MINOR DEVIATIONS
A. Purpose. The purpose of a variance or minor deviation shall be to ensure that no property, because of special circumstances specifically related to its size, shape, topography, location, or surroundings, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone district.
B. General provisions
1. In no case shall a variance or minor deviation be granted to permit a use other than a use permitted or conditionally permitted in the zone district applicable to the property.
2. Any variance or minor deviation granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is situated.
C. Reviewing authority
1. The reviewing authority may grant a minor deviation or variance from any property development standard (including setbacks and heights) in the City’s adopted Development Code, subject to the procedures set forth in this section.
2. Review and approval for the following minor deviation requests will be through administrative review, pursuant to the following provisions and based upon the findings contained in Section 17.03.180.G.3, except that if a development project proposed concurrently with such minor deviation will be reviewed by the Planning Commission or City Council, the reviewing authority for the project may approve the minor deviation in conjunction with the project approval.
a. Fence height. Excepting within any front yard setback area, the maximum height of any fence, wall, hedge, or equivalent screening may be increased by a maximum of 20 percent, where topography or a difference in grade between abutting sites warrants such increase in height to maintain a level of privacy, or to maintain effectiveness of screening, or to provide additional security when warranted, provided that the increased height Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 26 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
does not encroach into the vehicle sight distance or otherwise impede visibility of motorists. b. Setbacks. The required setback may be decreased by not more than 15 percent where the proposed setback area or yard is in character with the surrounding neighborhood and is not required as an essential open space or recreational amenity to the use of the site, and where such decrease will not unreasonably affect abutting sites. c. Off-site parking. A maximum of 15 percent of the required parking for a use may be located off-site. Said parking shall not be located more than 300 feet walking distance from the building entrance on the site of the use which such parking will serve, provided that the City Planner determines that the use will be served as effectively, safely, and conveniently as it would be served if parking was located on the site for which it is required. The reviewing authority shall require an agreement to ensure on-going availability and maintenance of off-site parking facilities. d. On-site parking. A maximum of 15 percent reduction in the required on- site parking spaces may be granted provided that a suitable area exists on the site on which to provide the additional required spaces if needed, and based upon a finding that the reduction will not result in an adverse impact on parking availability or traffic congestion. e. Minor reconfiguration of existing parking. The reviewing authority may authorize minor reconfiguration of an existing parking lot in order to comply with the requirements of the Americans with Disabilities Act. Such reconfiguration may include a maximum 15 percent reduction of the applicable on-site parking requirements when it is demonstrated that the reduction will not result in an adverse impact on parking availability or traffic congestion. f. Loading Facilities. A maximum reduction in the number of loading spaces of one space may be granted by the reviewing authority, based upon a finding supported by evidence that such space will not be needed by the use. g. On-site landscaping. The reviewing authority may authorize a 15 percent decrease in the required on-site landscaping requirement, where it can be demonstrated that such reduction is necessary in order to provide for necessary public transportation and transit improvements, such as bus turnouts and turning lanes; where site constraints preclude the relocation of such landscaping to another location; and where the overall appearance of the site will not be adversely affected.
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h. Landscape setback area. The reviewing authority may allow averaging of the required landscape setback area adjacent to streets, provided the following conditions are met:
(1) The required on-site landscaping requirement is fully met on the site.
(2) No more than 30 percent of the landscape setback area along the site frontage shall be allowed to be reduced in width.
(3) In no case shall the landscaped setback area be less than 10 feet.
(4) The overall landscape design shall not be adversely affected.
i. Other deviations from development standards determined by the City Planner to be minor in nature, provided that such deviation does not exceed 15 percent of any required specification and no adverse effects will result from the deviation.
3. In calculating percentages specified in this section, rounding up of fractions shall not be permitted.
4. Any request to deviate from development standards required by this Development Code which is not listed in Section 17.03.180.C.2 shall be deemed a variance and shall be reviewed by the Planning Commission at a public hearing.
5. The Planning Commission is authorized to grant variances in accordance with the procedures in this section, with respect to development standards which include but are not limited to the following:
a. Fences, walls, and screening
b. Site area, width and depth
c. Front, rear and side yards
d. Lot coverage
e. Height of structures
f. Landscaped areas and planters
g. Performance standards
h. Loading areas and facilities, provided that any reduction in the number of loading spaces is supported by evidence demonstrating that the space will not be needed by the use. Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 28 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
i. Sign height, number and location
j. Parking spaces and parking lot configuration
k. Driveway width and location
D. Application procedures
1. An application for a minor deviation or variance shall be filed with the Planning Division, along with the required fee. The signed application shall be made by the property owner or his authorized agent.
2. An application for a minor deviation or variance shall be accompanied by all required materials and a site plan showing the subject property as well as the surrounding area. Plans of the subject property shall show all existing and proposed buildings and uses, and any other data required by the Planning Division to adequately review the application.
E. Notice requirements
1. Minor deviation. Prior to rendering a decision, the City Planner shall provide written notice to contiguous property owners of the requested minor deviation. Such notice shall contain a description of the type and location of the requested minor deviation and the anticipated decision date, and shall allow ten (10) days to submit comments to the City. Upon the passage of ten (10) days, the City Planner may render a decision.
2. Variance. The Planning Commission shall hold a public hearing on each application for a variance. The hearing shall be set and notice given as prescribed in Section 17.03.030.
F. Approval requirements
The following requirements may be placed upon a minor deviation or variance by the reviewing authority as conditions of approval. All such conditions shall be binding upon the applicants and their successors.
1. Requirements for special yards, open spaces, buffers, fences, walls, and screening.
2. Requirements for installation and maintenance of landscaping and erosion control measures, and for preservation of existing trees.
3. Requirements for access improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation, provided that there is a reasonable relationship between the required dedication and the impact of the proposed
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development, and that the required dedication is related both in nature and extent to the impact of the proposed development.
4. Requirements for maintenance of landscaping and other improvements.
5. Establishment of development schedules or time limits for performance, completion, or removal.
6. Requirements for periodic review by the reviewing authority.
7. Any other such conditions as the reviewing authority may deem reasonably necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare, and to enable the reviewing authority to make the findings required by Section 17.03.180.G.3 of this chapter.
G. Determination by the approval authority
1. Minor deviation. In evaluating a request for a minor deviation, the City Planner shall determine that the request satisfies all of the required findings contained in paragraph G.3 of this section, and that the request is consistent with the General Plan and all applicable codes and ordinances.
2. Variance. The Planning Commission will determine the merits of any proposed variance, and its compliance with the principles, standards, policies, and goals of the General Plan and the Development Code. Approval of any variance shall be based upon all of the findings to be made by the approval authority in approving or denying a variance as contained in paragraph G.3. of this section, and a determination that the request is consistent with the General Plan and all applicable codes and ordinances.
3. Findings for approval of a minor deviation or variance:
a. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, so that the strict application of this Development Code would deprive such property of privileges enjoyed by other properties in the vicinity and under identical land use district classification;
b. Granting the minor deviation or variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and land use district and denied to the property for which the variance is sought;
c. Granting the minor deviation or variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the properties or
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improvements in such vicinity and land use district in which the property is located; and
d. Granting the minor deviation or variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located.
H. New application following denial. Following the denial of a minor deviation or variance application, no application for the same or substantially the same application on the same or substantially the same site shall be filed within one year of the date of denial.
I. Appeal procedure
1. Prior to its effective date, any decision made on a minor deviation request by the City Planner may be appealed to the Planning Commission, pursuant to the provisions of Section 17.03.110.
2. Prior to its effective date, any decision made on a variance request by the Planning Commission may be appealed to the City Council, pursuant to the provisions of Section 17.03.110.
J. Voiding of variances or minor deviations
1. Except as otherwise provided in this Section, any variance or minor deviation granted under the provisions of this Code shall become null and void unless:
a. The construction authorized by said variance or minor deviation has been inaugurated within 12 months of the effective date of said variance or minor deviation, and pursued diligently to completion; or
b. The occupancy of land or buildings authorized by such variance or minor deviation has taken place within 12 months of the effective date of such variance or minor exception.
2. Where a minor deviation or variance request is granted concurrently with one or more other entitlements, the minor deviation or variance shall be in effect for the time period allotted under the other land use entitlements.
3. Where circumstances beyond the control of the applicant cause delays which do not permit compliance with the time limits established herein, the reviewing authority may grant an extension of time for a period not to exceed 12 additional months except as provided herein. Where a minor deviation or variance request is granted concurrently with one or more entitlements, an extension of the variance may be considered by the reviewing authority concurrently with the time extension requests for the other entitlements; however, in no event shall a
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variance or minor deviation be extended beyond the expiration date of any other land use entitlement on the project site.
4. The reviewing authority may void any variance or minor deviation for non- compliance with the conditions set forth in approving the variance or minor deviation. If the City Planner determines that a variance or minor deviation is not in compliance with the conditions set forth in approving the variance or minor deviation, the City Planner shall provide notice and an opportunity for a hearing to the approval holder before making a decision to revoke or not revoke the approval. After setting a date for a public hearing, the City Planner shall notify the applicant and owners of the variance or minor deviation approval in question. Such notice shall be sent by certified mail and shall state that the Planning Commission will be reviewing the variance or minor deviation for possible modification or revocation. The notice of public hearing shall also state the date, time and place of hearing, and shall comply with Section 17.03.030 of this Chapter. If the Planning Commission determines, after reviewing the information and considering the information presented during the hearing, that sufficient evidence exists of a violation, the Planning Commission may revoke the variance or minor deviation or impose additional conditions to ensure compliance. The variance or minor deviation holder may appeal the decision by filing an appeal as allowed and specified in Section 17.03.110.
17.03.190 ZONE CHANGES
A. Purpose
Whenever the public necessity, convenience, general welfare, or the policies set forth in the General Plan justify such action, zoning boundaries and/or designations may be amended through the procedures established in this section.
B. General provisions
1. A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of property, by filing an application for a zone change as prescribed in this section. If the property for which rezoning is proposed is in more than one ownership, all the owners or their authorized agents must join in filing the application. If deemed appropriate by the City to expand the boundaries of any proposed zone change, notice shall be given to all property owners within the proposed expansion boundaries.
2. A change in the boundaries of any zone may be initiated by the City Council.
3. An application for a zone change may be filed concurrently with any other application(s) on the same property.
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4. Following the denial of an application for a change in zone, an application for the same or substantially the same change on the same or substantially the same property shall not be accepted within one year of the date of denial.
5. A change in zone shall be indicated on the zoning map, along with a notation listing the number and date of each ordinance amending the zoning map, within the revision block of said map.
C. Application procedure
1. An application for a change of zone shall be made on a form provided for that purpose by the Planning Division, along with the required fee as established by City Council resolution.
2. The City Planner may require additional information if deemed necessary to enable the Planning Commission and City Council to determine whether the change is consistent with the standards of this Development Code and the maps and policies of the General Plan.
D. Action by Planning Commission
1. The Planning Commission shall hold a public hearing on each application for a zone change. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
2. The Planning Commission shall determine whether the proposed zone change is consistent with all of the required findings for approval as set forth in paragraph F of this section, and, if so, shall provide a written report recommending to the City Council that the zone change be granted or granted in a modified form. If the Planning Commission determines that the proposed change does not meet the required findings for approval, the Planning Commission shall deny the application and their action is final, unless the matter is set for hearing pursuant to Section 17.03.110 and Section 65856 of the California Government Code.
3. When the Planning Commission determines, following a public hearing on a proposed zone change, that a change to a zone classification other than the proposed classification specified in the hearing notice is desirable, the Commission may recommend an alternate classification, following new notice and public hearing. In making a modified recommendation, the Planning Commission must determine that the recommended alternative is more appropriate for the subject property and is consistent with the General Plan and the Development Code.
E. Action by the City Council
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1. Upon recommendation of the Planning Commission to approve a proposed zone change, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
2. Following the closing of a public hearing, the Council shall make specific findings as to whether the change is consistent with the objectives of this Development Code and the General Plan. If the City Council makes all of these findings, as contained in paragraph F of this section, it shall introduce an ordinance amending the Zoning Map.
3. The City Council shall not modify a recommendation of the Planning Commission on a zone change until it has requested and considered a report of the Planning Commission on the modification. Failure of the Planning Commission to report within 40 calendar days after receipt of the Council request shall be deemed to be in concurrence with the modification.
F. Required findings for approval
Approval of a change of zone shall be based on all of the following findings:
1. The proposed change in zone is consistent with the General Plan;
2. The site of the proposed change in zone is suitable for any of the land uses permitted within the proposed zone district;
3. The proposed change in zone is reasonable and beneficial at this time; and
4. The proposed change in zone will not have a substantial adverse effect on surrounding properties or the community in general.
G. Pre-zoning
1. For the purpose of establishing zone district boundaries to become effective only upon annexation, property outside the corporate boundaries of the City of Big Bear Lake and within the adopted sphere of influence may be classified within one or more zones in the same manner and subject to the same procedural requirements as prescribed for property within the City.
2. Upon passage of an ordinance establishing the applicable pre-zoning designation for property outside the City, the Zoning Map shall be revised to show the potential or "pre-zoned" classification to become effective upon annexation. The Zoning Map shall also identify each zone or zones applicable to such property with the label "Pre-zoning" or "PZ" in addition to such other map designation as may be applicable.
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17.03.200 DEVELOPMENT CODE AMENDMENTS
A. Purpose
These provisions are intended to provide the City Council with a procedure to amend the Development Code when deemed necessary or appropriate to protect public health, safety and welfare or to implement the policies of the General Plan.
B. General provisions
1. A Development Code amendment may be initiated by any person or entity having a legal interest in property within the City. If the amendment is directly related to a parcel of land, the owner or the authorized agent of the owner of property must file the application. Further, if property that is the subject of an application is in more than one ownership, all of the owners or their authorized agents must join in filing the application.
2. A Development Code amendment may be initiated by the City Council.
3. Following the denial of an application for a Development Code amendment, an application for the same or substantially same amendment shall not be accepted within one year of the date of denial, except as initiated by the Planning Commission or City Council.
4. A Development Code amendment adopted by the City Council shall be incorporated into the Development Code.
C. Application procedure
1. An application shall be made on a form provided for that purpose by the Planning Division. An application initiated by a private person or agency shall be accompanied by a fee established by City Council resolution and all necessary application materials.
2. The City Planner may require additional information if necessary to enable the Planning Commission and City Council to determine whether the amendment is consistent with the objectives of the City's General Plan.
D. Action by Planning Commission
1. The Planning Commission shall hold a public hearing on each application for a Development Code amendment. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
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2. The Planning Commission shall determine whether the Development Code amendment is consistent with all of the required findings for approval as set forth in paragraph F of this section, and shall provide a written report recommending to the City Council that the Development Code amendment be approved, approved as amended, or denied based upon said findings.
E. Action by City Council
1. Upon recommendation of the Planning Commission on a proposed Development Code amendment, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
2. Following the closing of a public hearing, the City Council shall determine whether the proposed Development Code amendment meets all of the criteria as set forth in the required findings for approval in paragraph F of this section. If the City Council makes these required findings, it shall introduce an ordinance amending the Development Code.
3. The City Council shall not modify a recommendation of the Planning Commission on a Development Code amendment until it has requested and considered a report of the Planning Commission on the modification. Failure of the Planning Commission to report within 40 calendar days after receipt of the City Council request shall be deemed to be in concurrence with the modification.
F. Approval requirements
Prior to taking an action to approve or recommend approval of a Development Code amendment, the reviewing authority shall find as follows:
1. The proposed Development Code amendment conforms with the goals, objectives and policies of the General Plan;
2. The proposed Development Code amendment is necessary to implement the General Plan and to provide for public safety, convenience and/or general welfare;
3. The proposed Development Code amendment conforms with the intent of the Development Code and is consistent with all other related provisions thereof; and
4. The proposed Development Code amendment is reasonable and beneficial at this time.
17.03.210 DETERMINATIONS ON UNLISTED USES
A. Purpose
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The procedures contained in this section allow the City Planner upon a written request, or the Planning Commission upon referral by the City Planner, to determine whether a use not specifically listed as a use that is principally permitted or conditionally permitted in a particular zoning district of the city, should be given such designation based upon a similarity to uses already listed.
B. General provisions
1. Where the term "similar uses permitted by City Planner determination" is mentioned within any zone district, it shall be deemed to mean other uses which, in the judgment of the City Planner as evidenced by a written decision, are similar to and not more objectionable to the general welfare than those uses specifically listed in the same district.
2. The City Planner may refer a determination on an unlisted use to the Planning Commission, pursuant to Section 17.03.080.A.
3. In no instance shall the City Planner or the Planning Commission determine, nor shall these regulations be so interpreted, that a use shall be permitted in a zone when such use is specifically first listed as permissible in a zone district allowing more intensive uses.
4. The procedures of this section shall not be substituted for the Development Code amendment procedure as a means of adding new uses to the list of permitted or conditional uses.
5. The Planning Commission may, on its own motion or at the request of any party affected thereby, reconsider and change a written decision regarding unlisted uses previously determined by the Planning Commission or by the City Planner.
6. The City Planner's determination regarding conformance of a use to a zone district may be appealed to the Planning Commission, pursuant to 17.03.110. The Planning Commission's determination regarding conformance of a use to a zone district may be appealed to the City Council, pursuant to 17.03.110.
C. Application procedure
Application for a determination on an unlisted use shall be made in writing to the City Planner, and shall include a detailed description of the proposed use and such other information as may be required to facilitate review of the request, along with the required fee as established by resolution of the City Council.
D. Investigation and report
The City Planner shall prepare a report, which will address the following, and shall submit copies to the applicant and/or to the Planning Commission:
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1. Comparison of the proposed use to the type and intensity of other uses principally permitted or conditionally permitted in the same zone district.
2. Evaluation of the purpose and intent of that zone district.
3. Review of the General Plan to compare the proposed use characteristics with the applicable goals, policies and land use designations.
E. Determination
The City Planner, or the Planning Commission upon referral by the City Planner, shall base the decision upon all of the following findings:
1. The use in question is of a similar type and intensity to, and no more objectionable than, other principally permitted or conditionally permitted uses in the same zone district;
2. The use in question meets the purpose and intent of the district in which it is proposed; and
3. The use in question meets and conforms to the applicable policies and maps of the General Plan.
17.03.220 DEVELOPMENT AGREEMENTS
A. Purpose
This section provides procedures and requirements for the consideration of development agreements for the purposes specified in and as authorized by Section 65864 et. seq. of the California Government Code.
B. General provisions
1. Only a qualified applicant may file an application for a development agreement. A qualified applicant is a person who has a legal or equitable interest in the real property, which is the subject of the development agreement, or an authorized agent of a person who has a legal or equitable interest. The City Planner may require an applicant to submit a title report or other evidence satisfactory to the City Planner to verify the applicant’s interest in the real property and of the authority of the agent to act for the applicant.
2. An application for a development agreement may be filed concurrently with any other application(s) having a direct relationship to the property, which is the subject of the proposed agreement.
C. Application procedure
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1. An application for a development agreement shall be made on a form provided for that purpose by the Planning Division, along with the required fee and deposit established by the City Council.
2. A draft of the proposed development agreement (along with the required number of copies) may be submitted along with the application. Said agreement shall be in a form acceptable to the City Attorney and shall contain those elements required by California Government Code Section 65865.2. If deemed appropriate, the City Attorney may draft the initial agreement for review by the parties thereto. Any legal fees incurred by the City in drafting or reviewing a development agreement shall be paid by the applicant.
3. The City Planner may require additional information if deemed necessary to enable the Planning Commission and City Council to determine whether the development agreement is consistent with the objectives of the City’s General Plan, Development Code and any applicable specific plan.
D. Action by Planning Commission
1. The Planning Commission shall hold a public hearing on an application for a development agreement. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
2. The Planning Commission shall determine whether the development agreement is consistent with all of the required findings for approval as contained in paragraph F of this section, and shall recommend to the City Council that the development agreement be approved, approved as amended, or denied.
E. Action by City Council
1. Upon receiving a recommendation from the Planning Commission on a proposed development agreement, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
2. Following the closing of a public hearing, the City Council shall determine if the development agreement is consistent with all of the findings contained within paragraph F of this section. If determined to be consistent, the City Council shall introduce an ordinance adopting the development agreement. After final approval, the agreement shall be recorded within ten (10) calendar days.
F. Approval requirements
Prior to taking an action to approve or recommend approval of a development agreement, the reviewing authority shall find as follows:
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1. The proposed development agreement conforms with the maps and policies of the General Plan and any applicable specific plan;
2. The proposed development agreement complies with the requirements of California Government Code Sections 65865 through 65869.5;
3. The proposed development agreement will not be detrimental to or cause adverse effects to adjacent property owners, residents, or the general public; and
4. The proposed development agreement provides clear and substantial benefit to the residents of the City of Big Bear Lake.
G. Ongoing review
The city shall periodically review all approved development agreements to determine whether the applicant, or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement. This review process may require the submittal of an application form, materials, and fees as established by City Council resolution.
H. Amendments to approved development agreements
Any amendment to a previously-approved development agreement shall be reviewed pursuant to the procedures outlined in this section for a new application, except as otherwise specified in said agreement.
17.03.230 AFFORDABLE HOUSING AGREEMENTS
A. Purpose
This section provides procedures and requirements for the consideration of affordable housing agreements for the purposes specified in and as authorized by Section 65915 et. seq. of the California Government Code. Such agreements may be used to obtain density bonuses and other incentives to promote the establishment of housing units affordable to households with very low income, lower income, and eligible residents, as defined in Section 17.25.200.A.1 of the Development Code.
B. General provisions
1. Only a qualified applicant may file a request for an affordable housing agreement. A qualified applicant is a person who has a legal or equitable interest in the real property which is the subject of the application, or an authorized agent of such person.
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2. Where a request for an affordable housing agreement does not involve an existing development, the application shall be filed concurrently with all other required development applications.
3. The affordable housing agreement may only be requested for development projects consisting of (prior to any density increase) five or more dwelling units.
4. The terms of an affordable housing agreement shall be consistent with the requirements of Section 17.25.200 of the Development Code pertaining to affordable housing.
5. In accordance with California Government Code Section 65915(h), the City may grant incentives to developers of affordable housing projects including: (1) a reduction in site development standards or modifications to zoning or architectural design requirements; (2) mixed use zoning; or (3) other identifiable concessions that result in cost reductions to the project.
6. In accordance with California Government Code Section 65915(b), the City may deny the request for certain incentives and concessions based upon making written findings that such incentives or concessions are not necessary to reduce affordable housing costs or rents.
C. Application Procedure
1. An applicant for an affordable housing agreement may submit a preliminary development review application, pursuant to Section 17.03.150 of the Development Code, and the City shall notify the applicant of the procedures needed to proceed with the application in no less than 90 days from receipt of a complete preliminary development review application.
2. An application for an affordable housing agreement shall be made on a form provided for that purpose by the Planning Division, along with the required fee and/or deposit established by the City Council.
3. The application shall be accompanied by the appropriate number of draft density bonus agreements as listed on the application, in a form acceptable to the City Attorney and the Improvement Agency, and shall include the following provisions as well as any other provisions deemed necessary by the City to review of the application:
a. The terms and conditions of the agreement shall run with the land which is to be developed with or converted to affordable housing units, shall be binding upon any or all successor in interest of the applicant, and shall be recorded prior to issuance of any permits for the project;
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b. The deeds to the designated affordable dwelling units shall contain a covenant stating that the applicant or his/her successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer any interests for same without the written approval of the City confirming that the price of the units is consistent with the limits established for very low, low- and/or moderate-income households;
c. The Improvement Agency shall have the authority to enter into the affordable housing agreement for the purpose of assuring that the designated affordable dwelling units are continuously occupied by eligible households.
4. The City Planner may require additional information if deemed necessary to enable the Planning Commission to determine whether the affordable housing agreement is consistent with the objectives of the General Plan and any applicable specific plan.
D. Review by the Planning Commission
1. The Planning Commission shall hold a public hearing on an application for an affordable housing agreement. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time.
2. The Planning Commission shall determine whether the affordable housing agreement is consistent with the required findings for approval as set forth in paragraph E of this section.
E. Required findings for approval
Prior to taking an action to approve or recommend approval of an affordable housing agreement, the reviewing authority shall determine that all of the following findings can be made.
1. The proposed affordable housing agreement is consistent with the maps and policies of the General Plan and any applicable specific plan.
2. The proposed affordable housing agreement will promote achievement of the goals of the Housing Element to provide affordable housing to eligible households.
3. The proposed affordable housing agreement complies with the applicable requirements of the Development Code and state law pertaining to affordable housing incentives.
F. Ongoing review
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1. The Improvement Agency shall periodically review all approved affordable housing agreements to determine whether the applicant or successor in interest thereto, is demonstrating good faith compliance with the terms of the agreement.
2. The Improvement Agency may require that the applicant submit documentation, along with an application form and review fees as established by the City Council, to provide for periodic compliance reviews.
G. Amendments
Any amendments to a previously-approved affordable housing agreement shall be reviewed pursuant to the procedures outlined in this section for a new application, except as otherwise specified in the approved agreement.
17.03.240 ZONING CLEARANCE REVIEW
A. Purpose
The zoning clearance procedure is intended to ensure that a proposed use of land and/or building(s), or the minor alterations of land and building(s) within the city, meet the requirements of the Development Code and, if applicable, the conditions of approval for a previously approved permit.
B. General provisions
1. A zoning clearance shall be obtained prior to the initiation of a use of land and/or the construction of structures requiring a building permit when no discretionary review process is otherwise applicable to the proposed initiation of use or construction. Projects requiring a zoning clearance include, but are not limited to establishment of a new use within an existing building in conjunction with obtaining a business license; individual homes on lots of record; and minor additions to structures or lots, including patio covers, pools/spas and detached accessory structures.
2. In no case shall a zoning clearance be issued for a use other than a use permitted within that zone district.
3. Approval of a zoning clearance shall be by administrative review without public notice.
C. Application procedure
1. A request for a zoning clearance may be submitted on a form provided for that purpose by the Planning Division, along with the required fee as established by the City Council. Alternatively, a zoning clearance may be obtained through the
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plan check process through routing and approval by the Planning Division of construction plans, where applicable.
2. The City Planner may require additional information including but not limited to, parking summaries and a written description of use(s) prior to taking any action on a zoning clearance.
3. A zoning clearance shall be filed by the owner of the subject property or his or her authorized agent.
D. Review criteria
A zoning clearance shall be approved provided that the proposed use of land or structures meets all of the following criteria.
1. The use is permissible under the present zoning on the land and does not require additional land use entitlements such as a conditional use permit or plot plan review;
2. The use is consistent with the policies and maps of the General Plan;
3. The use complies with all applicable terms and conditions of any existing entitlement;
4. The use meets all applicable Development Code requirements including, but not limited to, minimum structure design, construction standards and setbacks, or has been deemed to be legally non-conforming with respect to these standards; and
5. There are no violations of the Municipal Code existing on the subject property.
E. Effective period of zoning clearance approval
A zoning clearance verifies that a specified use or structure is consistent with the Development Code, zoning map and applicable City ordinances and policies on the date of its issuance. Any change to the use or structure, or any change to the applicable Code provisions, may invalidate the zoning clearance.
17.03.250 MINOR MODIFICATIONS TO APPROVED PLANS AND EXISTING DEVELOPMENTS
A. Purpose
The minor modification process provides a means of reviewing requests for proposed changes to approved development plans and/or existing approved development projects which, as determined by the City Planner based upon the criteria specified in paragraph E of this Section, are minor in nature and which are in substantial conformance with
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previously approved entitlements, conditions of approval, and zoning regulations applicable to the property.
B. Application procedure
1. An application for a minor modification meeting the criteria specified in paragraph D of this section shall be filed prior to the commencement of any construction related to the modification.
2. A minor modification shall be filed by the owner of the subject property or his or her authorized agent.
3. A request for a minor modification shall be submitted on a form provided for that purpose by the Planning Division, along with the required fee established by the City Council.
4. The City Planner may require additional information and/or refer the application to pertinent departments/agencies as deemed necessary prior to taking any action on a minor modification.
C. Notice procedure
Approval of a minor modification shall be by administrative review without public notice.
D. Applicability
The minor modification procedure may be utilized for the following types of revisions to previously approved development projects:
1. To allow minor reconfiguration of an architectural feature that does not modify the previously approved theme or plan for the project;
2. To allow minor changes to approved building footprint(s) within the buildable area of a project site, which do not enlarge the total building area by more than 25 percent or 500 square feet, whichever is less provided that such addition does not exceed allowable lot coverage;
3. To allow minor reconfiguration or striping of parking lots which will not decrease the number of parking spaces for an approved project;
4. To allow minor changes in building materials and colors for an approved project, which do not substantially change the overall design of the theme or character of the building;
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than 25 percent, or 500 square feet, whichever is less provided that such addition does not exceed allowable lot coverage;
6. To allow the fulfillment of a condition of approval in a manner which may vary from that specified in the original condition, provided that the intent and purpose of such original condition is fully met; or
7. Other requests similar to the above minor modifications, as determined by the City Planner.
E. Review criteria
A minor modification may be approved provided that the proposed modification meets all of the following criteria.
1. The modification is listed under paragraph D of this section above and does not require additional land use entitlements such as a conditional use permit or plot plan review;
2. The modification is consistent with the policies and maps of the General Plan;
3. The modification complies with the purpose and intent of all applicable terms and conditions of the existing entitlement;
4. The proposed structure or addition meets all applicable Development Code requirements including, but not limited to, minimum structure design, construction standards and setbacks, or the requested modification is to a legal non-conforming use or structure pursuant to Section 17.03.320; and
5. There are no violations of the Municipal Code existing on the subject property.
F. Approval requirements
1. If the minor modification applies to a previously approved plan for which there is an uninaugurated Plot Plan Review or Conditional Use Permit, the minor modification shall be commenced within the same time period as approved for the Plot Plan Review or Conditional Use Permit.
2. If the minor modification applies to an existing development for which there is not an uninaugurated approval, the minor modification shall be commenced within twelve (12) months from the effective date of the decision, except as otherwise specified in the decision. One or more extensions of time, not to exceed a total of twelve (12) months from the original expiration date, may be granted pursuant to Section 17.03.120 of this Development Code, except as otherwise specified in the decision.
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17.03.260 LARGE FAMILY DAY CARE
A. Purpose
The purpose of these provisions is to allow establishment of large family day care facilities within residential neighborhoods, in order to provide for quality care of the community's children in a home-like setting while ensuring that the surrounding neighborhood is not adversely impacted by the operation.
B. General provisions
A large family day care permit shall be required to establish a day care use in a single family residence where between 7 and 12 children under the age of 18, plus up to 2 additional school age children as permitted by the State Department of Social Services, are cared for.
C. Application procedure
1. An application to establish a large family day care facility shall be filed with the Planning Division, along with a fee as established by the City Council.
2. The review procedure shall be administrative review, pursuant to Section 17.03.020.A of this Chapter, with notice provided pursuant to paragraph E of this section. The City Planner or his or her designee shall be the reviewing authority, except that if the applicant or other affected party requests a public hearing on the application, the City Planner may refer the application to the Planning Commission pursuant to Section 17.03.080.A of this Chapter.
D. Requirements for establishment and operation of a large family day care facility
The approval to establish and operate a large family day care facility shall be based upon the applicant's adherence to all of the following requirements:
1. The operator of the facility must reside in the dwelling unit in which the facility is operated;
2. The facility may only be operated within a detached single family dwelling unit having sufficient indoor and outdoor area to meet state and county requirements, including a fenced play area;
3. The operator must obtain and comply with all applicable approvals of other agencies, including state licensing and building, fire and health codes;
4. The boundary of a parcel or lot containing a day care center in any structure shall be separated from the boundary of any other parcel or lot containing a day care center by not less than 300 feet;
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5. No more than 14 children may be supervised at the day care facility at any given time, including children who reside at the home;
6. Large family day care facilities may be approved for day care use only, and shall not be used as a boarding facility without issuance of required land use approvals.
7. In conformance with sign provisions pertaining to all single-family residences in the City, no signs advertising the day care service shall be allowed, either on or off of the premises;
8. Large family day care permits are valid only for the person(s) and residence approved by the City and are nontransferable;
9. The exterior appearance of the dwelling shall conform to General Plan policies and standards applicable to all single-family residential uses and structures in the City;
10. Adequate area shall be available for a drop-off and pick-up zone for parents, so as to avoid any adverse traffic or parking impacts to the residential neighborhood;
11. Any employees coming to the residence to assist in the day care operation shall be provided with an on-site parking space;
12. If the day care use is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the use on the premises shall be provided to the City;
13. The operator of a large family day care facility shall obtain and maintain a current business license from the City;
14. The site must be landscaped in a manner consistent with General Plan policies and Development Code standards pertaining to all single-family residential uses; and
15. Lot size, building size, setbacks and lot coverage shall conform to those applicable to the zone district for all single-family residences in the City.
E. Determination by the approval authority
In evaluating an application for a large family day care permit, the City Planner shall determine that the request satisfies the requirements contained in paragraph D of this section and, if granted, is consistent with the General Plan and all applicable codes and ordinances. Prior to rendering a decision, the City Planner shall provide written notice to owners of property contiguous to the property which is the subject of the request to establish a large family day care facility. Such notices shall contain a description and location of the request and the anticipated decision date, and shall allow 10 calendar days to submit comments to the City. Upon the passage of 10 calendar days, the City Planner
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may render a decision. The decision to approve or deny an application for a large-family day care facility may be appealed by the applicant or other affected person, pursuant to Section 17.03.110 of this chapter.
17.03.270 HOME OCCUPATION PERMIT
A. Purpose
The purpose of the home occupation permit provisions is to permit the establishment and operation of businesses within the home, in such a way as to minimize any impacts of such businesses on adjacent properties or the general neighborhood. Home occupations are limited to those uses which may be conducted within a residential dwelling, without in any way changing the appearance or condition of the residence of the surrounding neighborhood.
B. General provisions
1. No home occupation may occur and no permit for a home occupation shall be issued unless the procedures and criteria specified in this section are satisfied.
2. If the home occupation is to be conducted in a rental unit, a written statement from the property owner giving his or her permission for operation of the home occupation shall be provided to the City.
3. Home occupation permits are valid only for the person(s) and residence approved by the City and are nontransferable.
4. The home occupation shall be incidental and secondary to the use of the dwelling for residential purposes.
5. The operator of a home occupation shall obtain and maintain a current business license from the City.
C. Application procedure
1. An application for a home occupation permit shall be filed with the Planning Division, along with a fee as established by resolution of the City Council.
2. The review procedure shall be administrative review, pursuant to Section 17.03.020.A. of this chapter, with notice provided pursuant to paragraph F of this section. The City Planner or designee shall be the reviewing authority, except that is the applicant of other affected party requests a public hearing on the application, the City Planner may refer the application to the Planning Commission pursuant to Section 17.03.080.A. of this chapter.
D. Mandatory conditions of operation
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1. No dwelling shall be built, altered, furnished or decorated for the purpose of conducting the home occupation is such a manner as to change the residential character and appearance of the dwelling, or in similar manner as to cause the structure to be recognized as a place where a home occupation is conducted.
2. A garage may be used for home occupation purposes; provided, however, that such use shall not interfere with the maintenance of one covered parking space.
3. There shall be no entrance or exit specifically provided or marked on the dwelling or on the premises for the conduct of the home occupation.
4. A home occupation shall be conducted entirely within the dwelling unit and the activities of such home occupation shall not be visible or otherwise noticeable, outside the dwelling unit the dwelling unit structure. There shall be no outdoor storage of materials or equipment relating to the home occupation, nor shall merchandise be visible from outside the home. For purposes of interpreting this paragraph, an attached or detached garage shall be considered as part of the dwelling unit.
5. No equipment or process shall be used which creates visual or audible electrical or mechanical interference in any radio or television receiver or other devise outside the dwelling unit structure, or causes fluctuation in the line voltage outside the dwelling unit structure.
6. The home occupation shall not require any upgraded utility service capacity beyond that which is customary for residential service. Separate utility meters, which serve only the home occupation, shall not be permitted.
7. No more than one employee other than a resident of the dwelling shall be employed on the premises of a home occupation, other than the personal attendant of a disabled resident business owner or employee.
8. There shall be no greater number of customers, clients, or visitors coming to the residence for purposes of the home occupation than the number of visitors typically expected to visit a residence in which a home occupation is not being conducted.
9. The point of sale for products or merchandise shall not be from residential premises.
10. The home occupation shall not generate vehicular traffic and/or vehicular parking which degrades or is otherwise detrimental to the residential nature of the neighborhood.
11. No vehicles or trailers except those normally incidental to a residential use shall be parked so as to be visible from the public right-of-way. Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 50 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
12. The home occupation shall not affect nor reduce the parking spaces required by the Zoning Ordinance.
13. Home occupations shall not involve the use of commercial vehicles for the delivery of materials to or from the premises beyond those commercial vehicles normally associated with residential uses. No deliveries may originate from or be made to the premises except during the hours of 9:00 a.m. to 5:00 p.m.
14. Home occupations shall not involve the use and/or on-site storage of chemicals, flammable materials, or other hazardous materials except as may be permitted by the Uniform Fire Code.
15. No mechanical or construction equipment which is not typically found in residential districts shall be stored on the premises. Warehousing of goods, wares or merchandise shall be prohibited.
16. There shall be no home occupation activities that are objectionable due to glare, dust, fumes, odor, vibration, noise or that disturb the peace.
17. No home occupation shall include the sale or storage of fire arms, ordnance, ammunition or other weapons which are regulated by the Bureau of Alcohol, Tobacco and Firearms, at the site of the home occupation.
18. No signs relating to the home occupation shall be allowed.
E. Additional conditions for mobile businesses
Home occupation permits for mobile business may be permitted, provided that the mobile business is operated pursuant to the mandatory conditions of operation described above in paragraph D, in addition to the following conditions which specifically apply to mobile businesses:
1. The service provided by the mobile business must be in compliance with the zone in which the work is performed.
2. The mobile business must comply with all applicable requirements of any agency with regulatory or permitting authority over the conduct of that business.
3. Any automotive related services shall be limited to cleaning, detailing, and minor replacement or repair to glass and/or accessory parts; no mobile business operating under a home occupation permit shall be permitted to conduct auto repair, auto body or engine work.
4. No work shall be conducted in a publicly accessible parking lot; however, work may be conducted in parking lots which are restricted to employees only.
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5. No work shall be conducted on city-owned property, including parks, parking lots, or public rights-of-way.
F. Determination by the approval authority
In evaluating a request for a home occupation permit, the City Planner shall determine that the request will satisfy the applicable requirements as contained in paragraphs D and E of this section, and, if granted, will comply with applicable codes and ordinances. Prior to rendering a decision, the City Planner shall provide written notice to owners of properties contiguous to the parcel which is the subject of the home occupation permit request. Such notice shall contain a description and location of the request and the anticipated decision date, and shall allow 10 calendar days to submit comments to the City. Upon the passage of 10 calendar days, the City Planner may render a decision, and shall clearly state, in writing, any conditions of approval for the project or the reasons for denial.
G. Periodic review by City Planner
The City Planner may periodically review any home occupation permit to ensure that it is being operated in a manner consistent with the conditions of operation and in a manner which is not detrimental to the public health, safety, or welfare, or materially injurious to properties in the vicinity. If, after review, the City Planner deems that there is sufficient evidence to warrant a full examination, then a public hearing date shall be set.
H. Modification or revocation by the City Planner
1. If the City Planner determines that the home occupation is not being conducted in compliance with the requirements of this section, the City Planner shall notify the operator of the home occupation of the date for a hearing on the operator’s compliance with this Section. Such notice shall be sent by certified mail and shall state that the City Planner will be reviewing the home occupation permit for possible modification or revocation. It shall also state the date, time and place of the hearing. The hearing shall be conducted and notice given in accordance with section 17.03.030 of the development code.
2. The City Planner shall fully investigate the evidence and prepare a report regarding the reported violation of the home occupation permit requirements. A copy of the report shall be sent to the operator of the home occupation business. Upon conclusion of the hearing, the City Planner shall make on the following determination and take such accompanying action:
a. Find that the home occupation permit is being conducted in an appropriate manner and that no action to modify or revoke the permit is necessary; or
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determined to be necessary to bring the use into compliance with applicable regulations; or
c. Find that the home occupation permit is not being conducted in an appropriate manner and that measures are not available to mitigate the impacts of the business. Upon making this determination, the City Planner may revoke the home occupation permit and order the operation to cease and desist in the time specified by the City Planner.
I. Lapse of approval
1. A home occupation permit approved under the provision of this section shall become null and void upon expiration of a business license issued in conjunction with the home occupation permit and will require the filing of a new application, including applicable fees, with the City if the use is recommenced.
2. Where a home occupation permit has been nullified pursuant to paragraph 1 of this Section 17.03.270.I, a new application for the same or substantially the same use on the same site may be filed immediately.
J. New application following denial
Following the denial or revocation of a home occupation permit, no application for a home occupation permit for the same or substantially the same business on the same site shall be filed within one year from the date of denial or revocation.
17.03.280 SPECIFIC PLAN REVIEW
A. Purpose and applicability
The specific plan process is intended to provide a method of comprehensive planning for large scale, mixed-use development projects which are anticipated to be built in successive phases over a longer period of time than is typically granted for other development entitlements. Projects for which a specific plan would be appropriate would generally meet the following criteria:
1. The project site is not presently served by infrastructure and community services needed to support the proposed development, nor do comprehensive plans to provide these facilities exist.
2. The proposed mix and intensity of land uses, and their relationship to the project site, warrant consideration of special development standards and criteria beyond those otherwise provided in the Development Code.
3. Specific development plans for each portion of the subject property are not known at the time of project review, but are anticipated to be submitted subsequently as
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the project develops in conformance with the approved comprehensive development plan.
4. Due to the long-term nature of the project and the cost of providing substantial infrastructure improvements, an implementation plan addressing financing, phasing and maintenance of public improvements is necessary to ensure the project is developed in accordance with the General Plan.
B. General provisions
1. A specific plan may be proposed within any zone district(s), provided that the proposed type and intensity of use is consistent with the General Plan.
2. Adoption of a specific plan shall constitute a change of zone. Upon adoption, the official zoning map shall be revised to indicate the approved specific plan and its identification number.
3. Applications for a specific plan may be accompanied by other applications for entitlements, which may be reviewed concurrently, provided that the effective date of any additional approvals shall be on or after the effective date of the specific plan.
4. Any application for a specific plan shall be processed in accordance with Government Code Sections 65450 through 65457 and the provisions of this section of the Development Code.
C. Required contents of a specific plan
1. Narrative report. The purpose of a specific plan narrative report is to describe the proposed development, place it within the regional setting, and provide detailed information necessary for plan review. The report may be organized in any manner necessary to present the required information. The report, however, must be clear, concise, and organized in a logical manner to facilitate review and processing. Maps, tables and graphic illustrations shall be required when appropriate. The required report contents shall be included as set forth in the specific plan application provided by the Planning Division, and shall include but not be limited to the following information:
a. Information regarding the property, developer, owner, representatives and consultants preparing the report;
b. Table of contents, including lists of maps and figures;
c. A discussion of the nature and intent of the proposed development;
d. A descriptive analysis of the project site;
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e. Quantified information on the impacts of project build-out;
f. A development plan for all proposed land uses in the project (including open space);
g. A description of existing infrastructure, projected improvements needed to serve the project, and a plan for providing needed infrastructure, including community facilities;
h. A circulation plan for the project;
i. Development standards applicable to development within the specific plan;
j. Special design standards applicable to the project, including but not limited to signage, landscaping, fences and walls, lighting, and entry monumentation;
k. Proposed phasing of the project;
l. An implementation plan for the project; and
m. A discussion of how the project conforms to the General Plan policies and maps.
2. Maps. The purpose of specific plan maps is to graphically depict characteristics of the project site, its regional setting, the proposed nature and intensity of development, project phasing, and other pertinent information needed for project review. All required maps must be submitted at a reduced scale suitable for inclusion in the narrative report, as well as at a larger scale suitable for display. Required contents of maps shall be as set forth in the specific plan application provided by the Planning Division, and shall include but not be limited to the following information:
a. Existing conditions of the project site, including topography, natural drainage courses, existing structures, roads, easements, uses, zoning and General Plan designations;
b. The proposed development plan, including phasing;
c. The proposed circulation plan, including phasing; and
d. Any proposed landscape, design or amenity features.
D. Review procedure
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1. The Planning Commission shall hold a public hearing on each proposal for a specific plan. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time. The Planning Commission shall determine whether the specific plan is consistent with this Development Code and with the General Plan, and may recommend to the City Council that the specific plan be approved, or approved in modified form by the City Council, based on the appropriate findings as contained in this section. If the Planning Commission determines that a proposed specific plan is not in conformance with the General Plan or that the findings for approval cannot be made, the Planning Commission may deny the application based upon the findings contained in this section, and their action is final unless appealed, pursuant to Section 17.03.110.
2. Upon recommendation of the Planning Commission on a proposed specific plan, the City Council shall hold a public hearing. The hearing shall be set and notice given as prescribed in Section 17.03.030. The hearing may be continued from time to time. Following the closing of the public hearing, the City Council shall make specific findings as to whether the specific plan is consistent with the Development Code and General Plan. The City Council may adopt the specific plan by ordinance or by resolution, based upon the appropriate findings as contained in paragraph E of this section.
E. Required findings for approval
Prior to approving a specific plan, all of the following findings supported by adequate evidence shall be made by the City Council:
1. The distribution, location and extent of land uses, including open space, as depicted in the specific plan is consistent with the General Plan;
2. The specific plan provides for adequate public infrastructure and services needed to support the land uses described in the plan, meaning the proposed distribution, location, extent and intensity of transportation, sewage, water, drainage, solid waste disposal, energy, parks, community facilities and other essential facilities;
3. The standards and development criteria, including requirements for resource utilization, will ensure that development proceeds in an orderly fashion and maintains a high level of quality;
4. The specific plan contains implementation measures, including financing programs, to ensure that development is supported by adequate infrastructure as it occurs;
5. The site is suitable for the type and intensity of development proposed; and
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6. The flexibility in development standards afforded by the Specific Plan process has resulted in a project providing more superior design and amenities than would occur under more traditional zoning practices, and the project provides clear and substantial benefit to the City of Big Bear Lake.
F. Amendments and modifications to approved specific plans
Unless otherwise set forth within the specific plan, amendments or modifications to an approved specific plan shall be processed as follows:
1. Minor revisions
A revision or modification to an approved specific plan, including but not limited to minor density transfers, minor adjustments to the alignment of roadways or utilities, minor modifications to landscaping, wall materials or streetscape design, which will not increase or change the use or intensity of the site, may be acted on by the City Planner upon submittal of an application, required materials and applicable fees for a minor modification, pursuant to Section 17.03.250.
2. Amendments or major revisions
Any request for a revision or modification to an approved specific plan which, in the opinion of the City Planner, does not constitute a minor revision will be processed as a major revision in the following manner:
a. An amendment or major revision to the text of an approved specific plan will be processed using the application procedures, review process and findings for approval as set forth for development code amendments in Section 17.03.200, in addition to the finding contained in Section 17.03.280.F.2.c.
b. An amendment or major revision to the land use map or land use exhibits of an approved Specific Plan will be processed using the application procedures, review process and findings for approval as set forth for zone changes in Section 17.03.190, in addition to the finding contained in Section 17.03.280.F.2.c.
c. Any approval of an amendment to a specific plan text or map shall also be based upon a finding that such amendment conforms to the intent and applicable goals and policies of the specific plan.
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17.03.290 TEMPORARY USE PERMITS
A. Purpose
The purpose of this section is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, to minimize any adverse effects on surrounding properties and the environment, and to ensure that the temporary use is removed in a timely manner and the site restored to its original condition.
B. Uses allowed by temporary use permit
1. Any temporary use specifically allowed in a zone district, pursuant to issuance of a temporary use permit.
2. Construction staging area, which shall mean the temporary use of property by a licensed contractor engaged on a permitted construction project for storage of construction equipment and materials, only for the duration of the construction project.
3. Stockpiling, which shall mean the temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities.
4. Seasonal activities, including the retail sale of agricultural products prior to holidays, such as Christmas trees or pumpkins, haunted houses or other similar events.
5. Temporary structures for specific uses and time periods. Such structures may include manufactured or modular buildings, trailer coaches, self-contained recreational vehicles, or similar temporary facilities for uses including the following:
a. Temporary construction offices on active construction sites;
b. Temporary sales offices for residential, time-share or condominium projects;
c. Caretaker’s or security guard’s residence or office on active construction sites;
d. Temporary residence for a property owner for use during construction of a permanent residence on the property;
e. Tanks, pumps and similar structures for groundwater quality remediation;
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f. Portable information carts/booths, which shall mean small structures that do not have a permanent foundation which may be relocated from place to place and are utilized only to display and provide information, such as pamphlets and brochures on local activities, lodging and restaurants, of a general nature and as a benefit to visitors and the general public;
g. Temporary storage containers for use on active construction sites only; and
h. Other temporary uses determined by the City Planner to be similar in nature and intensity to the above listed uses.
C. General provisions
1. Temporary uses shall be established only in those zone districts where temporary uses are expressly permitted or conditionally permitted.
2. A temporary use or structure as defined in this section which does not have a valid and current temporary use permit as specified herein is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws.
3. Permission of the property owner or authorized agent shall be provided to the city with each request for a temporary use permit.
4. The reviewing authority may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noise control, sanitary facilities, refuse collection and disposal, fire protection, provision of utilities, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed temporary use.
5. Unless otherwise specified by an approved temporary use permit, all sites for temporary uses shall be cleaned of trash, debris and any temporary structures within 5 days after the termination of the use.
6. The city may require a cash deposit or other security as approved by the City Attorney to defray the costs of cleanup of a site by the city, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or to guarantee removal and/or conversion of any temporary use to a permanent use allowed in the subject zone district.
7. A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this section, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the
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time periods established by this section which allow such temporary uses or structures.
8. Other uses and activities similar in scope and nature to the temporary uses listed in this section may be permitted subject to the procedures that would apply to the temporary use most similar in scope and nature, as determined by the City Planner.
D. Application procedure
1. A request for a temporary use permit shall be submitted to the Planning Division on a form provided for that purpose by the Planning Division, along with the required fee established by resolution of the City Council.
2. The City Planner may require additional information where deemed necessary to complete the city’s review and evaluation.
E. Approval authority
The reviewing authority for temporary use permits shall be the City Planner or his/her designee. The City Planner may refer a temporary use application to the Planning Commission as specified in Section 17.03.080.A.
F. Notice procedure
Prior to rendering a decision the City Planner shall provide a written notice to contiguous property owners of the requested temporary use. Such notice shall contain a description of the type and location of the requested use and the anticipated decision and shall allow 10 days to submit comments to the city prior to the decision.
G. Conditions for temporary uses
1. Temporary structures
a. Number and duration. One temporary structure per site may be allowed for a period of up to one year initially, with an option for a one-year extension of time, not to exceed a total of 2 years. One or more additional temporary structures may be approved for construction projects by the reviewing authority based upon special circumstances related to the development including, but not limited to size, location or complexity of the project.
b. Trailer coaches permitted pursuant to this section shall not exceed a maximum gross square footage of 650 square feet in size.
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c. The applicant shall provide evidence of a valid vehicle license of registration and State Division of Housing approval for any trailer coach as prescribed in the Health and Safety Code of the State of California.
d. The temporary structure installation shall meet all applicable requirements and regulations of the Building and Safety Department and Fire Department.
e. Any permit issued pursuant to this section in conjunction with a construction project shall become invalid upon cancellation or completion of the improvements authorized by the building permit for which this use has been approved, or the expiration of the time for which the approval has been granted. At that time, temporary structures shall be removed from the site.
2. Stockpiling
a. No stockpiling shall be permitted on any property that has the potential to contain endangered plant or animal species without appropriate environmental review, pursuant to state law.
b. Stockpiled material should not exceed a height of 7 feet, and should be evenly spread, except as otherwise approved. No material shall cover the trunk of any tree above ground level, or be placed within the dripline of any tree.
c. The location of stockpiled material shall not adversely impact adjacent properties or uses through the creation of windblown dust, visual appearance, or other creation of an unattractive nuisance.
d. During placement or removal of stockpiled materials, appropriate traffic control measures shall be taken, as determined by the City Engineer. Truck access to the stockpiling area from adjacent right-of-way shall be approved by the City Engineer.
e. The applicant shall be required to submit a Stormwater Pollution Prevention Plan for review and approval and comply with all aspects of the National Pollution Discharge Elimination Program, to the satisfaction of the City Engineer.
f. Dust control measures shall be implemented during stockpiling or removal operations as deemed necessary by the City Engineer.
g. Erosion control measures on stockpiled materials shall be implemented as determined necessary by the City Engineer.
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h. Approval of a temporary use permit for stockpiling may be granted for an initial period of up to 6 months. One extension of time may be granted, not to exceed an additional 6 months.
i. The city may require surety, as approved by the City Attorney and City Engineer, to guarantee removal of stockpiled material prior to expiration of the temporary use permit allowing such stockpiling.
3. Construction staging area
a. Hours of operation at construction staging areas shall be from 7:00 a.m. to 7:00 p.m. Monday through Friday except as otherwise authorized in the temporary use permit. In areas adjacent to residences and/or commercial lodging facilities, these hours may be modified to limit noise impacts on these uses. Weekend hours may be allowed by the reviewing authority on a case-by-case basis, provided that impacts to surrounding properties are considered.
b. No staging area shall be permitted on any property that has the potential to contain endangered plant or animal species without appropriate environmental review, pursuant to state law.
c. Any stockpiled material within the staging area shall not exceed a height of 5 feet, and should be evenly spread. No material shall cover the trunk of any tree above the ground level, or be placed within the dripline of any tree.
d. The staging area shall not adversely impact adjacent properties or uses through the creation of windblown dust, visual appearance, or other creation of an unattractive nuisance.
e. Appropriate traffic control measures shall be taken, as determined by the City Engineer. Truck access to the area from adjacent rights-of-way shall be approved by the City Engineer.
f. The applicant shall be required to submit a Stormwater Pollution Prevention Plan for review and approval and comply with all aspects of the National Pollution Discharge Elimination Program, to the satisfaction of the City Engineer.
g. Dust control and erosion control measures shall be taken as deemed necessary by the City Engineer.
h. Staging area shall be secured with approved fencing and/or barriers to the prevent access by the general public to construction equipment and
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materials, as deemed necessary by the Building Official to protect public health and safety.
i. All applicable agency approvals shall be required for any storage of hazardous materials, and applicant shall comply with applicable requirements of all agencies having jurisdiction over these materials.
4. Groundwater quality remediation equipment.
a. All above ground structures shall meet the applicable setbacks of the zone district.
b. The remediation system shall be allowed for an initial period of time not to exceed 24 months. An extension of time may be granted based on a determination by the Regional Water Quality Control Board that additional remediation is necessary.
c. Equipment shall be screened from public view in an attractive manner.
d. Adequate noise attenuation shall be provided to ensure that noise levels at the property line meet General Plan guidelines.
5. Seasonal activities, subject to the following requirements:
a. Zoning. Permitted only on non-residentially zoned properties.
b. Christmas tree sales shall be limited to the period of time between November 15th and December 25th, both dates inclusive. No structures, including but not limited to poles, fences, lights, spray booths, and sheds, shall be erected or maintained on the site, and no Christmas trees shall be delivered to or remain on the site, sooner than the Saturday prior to November 15th or later than December 31st.
c. Sales of pumpkins from pumpkin lots shall be limited to the period of time between September 15th and October 31st, both dates inclusive. No structure, including but not limited to poles, fences, lights, and sheds, shall be erected or maintained on the site, and no pumpkins shall be delivered to or remain on the site, sooner than the Saturday prior to September 15th or later than November 5th.
d. Operation of haunted houses shall be limited to the period of time between October 1st and November 1st, both dates inclusive. Haunted houses shall only be permitted in permanent buildings with appropriate occupancy rating, as determined by the Building and Safety and Fire Departments. Any temporary interior modifications are subject to approval of permits and inspections by the Building and Safety and Fire Departments.
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H. In approving any temporary use permit application; the reviewing authority must make all of the following findings.
1. The use is consistent with the general purposes of the General Plan and this section and the specific provision of the zoning district in which the site is located and any other applicable codes and policies.
2. Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects of adjacent properties.
3. The operation and maintenance of the use will be conducted in a manner compatible with existing uses on adjoining properties and surrounding area.
4. The temporary use will have adequate parking, ingress and egress, traffic circulation and access, and provisions for pedestrian safety.
5. All structures and equipment are erected and maintained in compliance with the City of Big Bear Lake Municipal Code.
6. The subject site will be restored to its original or better condition upon termination of the temporary use.
I. Termination of temporary uses
1. Prior to issuance of any grading or construction permits for temporary uses, the applicant shall submit verification in writing to the City that he or she has read and agrees to all the requirements of the temporary use permit, including the time limits for operation as specified in the approval. No operator of a temporary use shall continue operation of that use beyond the time periods allowed by this section. If no maximum time period is specified in this section for the operation of the use, the operator shall not continue operation beyond the period specified in the temporary use permit.
2. If the City Planner determines that a temporary use which is being operated pursuant to a temporary use permit is being conducted in violation of this Code or the terms and conditions of such permit, the City Planner shall provide notice and an opportunity for a hearing to the permit holder before making a decision to revoke or not revoke the permit. After setting a date for a public hearing, the City Planner shall notify the applicant and owners of the temporary use permit in question. Such notice shall be sent by certified mail and shall state that the Planning Commission will be reviewing the temporary use permit for possible modification or revocation. The notice of public hearing shall also state the date, time and place of hearing, and shall comply with Section 17.03.030 of this Chapter. If the Planning Commission determines, after reviewing the information and considering the information presented during the hearing, that sufficient evidence exists of a violation, the Planning Commission may revoke the permit or Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 64 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
impose additional conditions to ensure compliance. The permittee may appeal the decision by filing an appeal as allowed and specified in Section 17.03.110.
17.03.310 TRANSIENT PRIVATE HOME RENTALS
A. This section is intended to provide a procedure to allow the rental of private homes to visitors on a short-term basis, while ensuring that such rental use does not create adverse impacts to residential neighborhoods due to excessive traffic, noise, and density. Additionally, this section is intended to ensure that the number of occupants within such rental units does not exceed the design capacity of the structure or cause health and safety concerns, and that minimum health and safety standards are maintained in such units to protect the visitor from unsafe or unsanitary conditions.
B. For purposes of this section, the following terms shall be defined as follows:
1. A transient private home rental shall mean a dwelling unit (including either a single family detached or multiple family attached unit) rented for the purpose of overnight lodging for a period of not less than one night and not more than 30 days.
2. Managing agency or agent shall mean a person, firm, or agency representing the owner of the transient private home rental, or a person, firm, or agency owning or operating more than one transient private home rental.
C. Registration and licensing requirements
1. Any managing agency, agent, owner or property manager who rents one or more transient home rentals shall be required to obtain a City business license.
2. Rental of transient private home rentals shall be subject to collection of transient occupancy tax as required by the City.
3. The managing agency, agent, owner or property manager of each unit to be used as a transient private home rental shall register each such unit with the City prior to commencing the use. A fee established by resolution of the City Council may be collected to cover the reasonable cost of processing the registration.
D. Inspection requirements
Each dwelling unit used as a transient private home rental unit within the City is subject to the following inspection requirements.
1. Any new transient private home rental unit shall be inspected, prior to commencement of the use, by a qualified inspector authorized and approved by the City to conduct such inspections. The actual cost of such inspection, plus any
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administrative charges, shall be paid by the owner pursuant to the City’s adopted fee schedule.
2. After the initial inspection of a transient private home rental, said rental unit shall be re-inspected not less than once within each year following the original registration date, for as long as the unit is used as a transient private home rental. Completion of the annual inspection will be verified at the time of business license renewal.
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E. Sign and notification requirements
1. Each transient private home rental shall be equipped with no more than one identification sign, not to exceed 2 square feet in area. No other advertising signs promoting or identifying the unit shall be permitted anywhere in residential zone districts. The required identification sign shall be attached to the transient private home rental in a location, which is clearly visible from the street, and shall clearly display all of the following information in lettering of sufficient size to be easily legible:
a. The name of the managing agency, agent, property manager, or owner of the unit, and a telephone number at which that party may be reached on a 24-hour basis;
b. The maximum number of occupants permitted to stay in the unit;
c. The maximum number of vehicles allowed to be parked on the property; and
d. The telephone number of the City’s Code Compliance Division.
2. Each transient private home rental unit shall have a clearly visible and legible notice posted within the unit in a clearly visible location, containing all of the following information:
a. The maximum number of occupants permitted to stay in the unit;
b. The maximum number of vehicles allowed to be parked on the lot;
c. Notification that trash and refuse shall not be left or stored on the property but may be deposited at the City’s Clean Bear sites, along with the locations of these sites;
d. The 24-hour telephone number of the managing agency, agent, property manager, or owner of the unit; and
e. Notification that failure to conform to the parking and occupancy requirements for the structure is a violation of the City’s Municipal Code.
3. Information on the permitted occupancy and parking capacity for each unit, and trash disposal requirements, shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the unit.
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F. Standards and conditions of operation
1. The managing agency, owner, agent and property manager shall be responsible for compliance with all applicable codes regarding Fire, Building and Safety, Health and Safety, and other relevant laws.
2. The managing agency, owner, agent or property manager shall be personally available by telephone on a 24-hour basis to respond to calls regarding the condition and/or operation of the unit. Failure to respond to calls in a timely and appropriate manner may result in revocation of the business license authorizing the use. For purposes of this section, responding in a timely and appropriate manner shall mean that a response to an initial call shall be made within 2 hours of the time the call was made, and within 24 hours of the initial call, corrective action shall be commenced to address any violation of this section.
3. The maximum occupancy of a transient private home rental shall be one person per 200 square feet of building area, excluding garages or other accessory buildings; provided, however, that in no case may the occupancy of a transient private home rental unit exceed 16 people.
4. The following requirements for transient private home rentals will be evaluated upon inspection of each unit, and shall constitute minimum requirements. The unit must be brought into conformance with these requirements and any other applicable codes and ordinances in order for the use to be allowed.
a. Required sign and notice must be posted, and address of each unit must be legible from the street.
b. Smoke detectors shall be installed within each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping room. Battery-operated smoke detectors are acceptable provided that they are maintained in good working order at all times, except as required by other applicable codes.
c. The transient private home rental shall be equipped with a minimum of one 2A:10B:C type extinguisher with 75 feet of travel distance to all portions of the structure; at least one such extinguisher is required per floor. Fire extinguishers(s) shall be mounted in visible locations with the tops of the fire extinguishers mounted between 3 and 5 feet above the floor, and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers.
d. No tree limbs are allowed within 10 feet of chimneystack openings.
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r. Bedroom windows shall be operable to allow for emergency egress.
s. There shall be at least one screened window per room, to allow for adequate interior ventilation.
t. There shall be no accumulation or storage of trash and/or debris on the site or within the unit; trash shall be removed from the premises after each occupancy;
u. All steps, stairways, decks, and railings shall be stable and structurally sound.
v. Fireplaces shall be equipped with screens that are adequate to prevent sparks or rolling logs from escaping the fireplace opening.
w. All appliances, including but not limited to kitchen appliances, furnaces and water heaters, shall be operational.
x. Any hot tubs, pools, and spas shall be fenced or equipped with an approved cover with approved locking mechanisms as required by state law, and shall be maintained in a safe and sanitary condition.
y. Any lofts or attic conversions shall be provided with acceptable exiting and head clearance; stairs providing access to these areas shall be safe and structurally sound, and no ladders shall be allowed.
z. Emergency exit routes shall be illuminated with a battery-operated emergency light, so as to provide for safe exiting in the event of electrical failure.
aa. Exits shall remain clear of storage, debris, or impedance at all times.
bb. The main entrance to the unit shall be illuminated when the unit is occupied, provided, however, that any exterior lighting shall be designed and located so as not to produce excessive light or glare which may create a nuisance to adjacent property owners.
cc. Parking shall be provided on-site to meet the occupancy of each transient private home rental at a ratio of not less than one parking space per bedroom. Parking spaces may include garage, carport and driveway spaces, and may allow for tandem parking. For units which do not have paved driveways or covered parking spaces, the portion of the lot to be used for parking should be clearly delineated by signs or other means to prevent parking on-street or within yard areas. No overnight on-street parking shall be permitted.
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dd. Snow removal from driveways and off-street parking areas is required to be performed prior to each occupancy period.
G. Non-compliance by an owner, managing agency, property owner, or agent of the requirements for registration, inspection and operation of transient private home rental units may result in the revocation of the business license authorizing the use, and no new business license may be issued to the same licensee for a period of 12 months following such revocation.
17.03.315 ENFORCEMENT OF TRANSIENT PRIVATE HOME RENTAL PROVISIONS
A. The purpose of this section is to provide for the full and complete enforcement of Section 17.03.310. For purposes of this section, the following terms shall have the following meanings:
1. The term “City Manager” shall mean the City Manager of the City of Big Bear Lake, or his or her designee.
2. The term “TPHR Regulations” shall mean Sections 17.03.310, this Section, as well as the written regulations promulgated pursuant to paragraph (B) of this Section.
3. The term “Managing Agent” shall mean the Managing agency”, “property manager” or “agent” referred to in Section 17.03.310.
B. Implementing Regulations. The City Manager shall have the authority to promulgate, from time to time, written implementing regulations governing the enforcement and interpretation of this Section, provided that such written regulations shall not be inconsistent with the provisions of this Section or Section 17.03.310.
C. On-Call Service. In order to provide twenty four hour, on-call service for the receipt and transmission of complaints regarding violations of Section 17.03.310 or this Section, the City shall, in compliance with all applicable laws, procure the services of one or more on- call service provider(s). Any such provider shall be required to maintain an office with employees physically present within the boundaries of the City of Big Bear Lake. In addition, any such provider shall have sufficient qualifications as may be deemed necessary by the City Manager, as set forth in written regulations promulgated by the City Manager.
D. Response/ Response Time. Following the receipt by any owner or managing agent of any complaint (whether in writing, verbally or by any other tangible means) alleging a violation of Section 17.03.310 or this Section, such owner or managing agent shall provide a response within one (1) hour of receipt of such complaint. For purposes of this paragraph, a “response” shall mean a physical presence at the subject property by the Page 17.03 - 71 Ordinance 2003-333, Adopted 09/08/03 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
owner or managing agent in which the occupant in charge of the transient private home rental is advised of the nature of the complaint and a correction of any violation is made, or if contact with such occupant is not required, the subject of the complaint is resolved, including the correction of any violation of Section 17.03.310 or this Section. If the nature of the violation involves an action that would take more than an hour, the violation shall be deemed resolved (but only for purposes of computing the response time required by this paragraph) if the owner or managing agent notifies the City Manager of the nature of the complaint and thereafter diligently pursues to completion the correction of the violation. Each owner or managing agent shall keep a written log of the times and nature of complaints received, which written log shall be made available to the City, upon request by the City. Occupants or visitors violating the provisions of Section 17.03.310 or this Section and refusing to comply with the instructions of the owner or managing agent shall be ordered to vacate the premises by the owner or managing agent in accordance with provisions contained within the rental agreement.
E. In-Person Registration. The owner or managing agent shall, prior to entering into any agreement for the occupancy of a transient private home rental, provide an in-person registration, which shall include the review with at least one adult occupant of the transient private home rental of all TPHR Regulations. At the time of such registration, the occupant shall be provided a complete, written copy of all TPHR Regulations, including the penalties associated with their violation, as well as any other occupancy rules associated with the transient private home rental. The registration material shall advise the registrant that the transient private home rental unit shall not be used for any use that is not permitted by applicable law, including, without limitation, the use of such unit for weddings, wedding receptions, business conferences and meetings, scrap booking and other uses that violate the City’s Development Code. Such written copy shall be provided in at least twelve (12) point, type-faced font, and shall contain a space for acknowledgement, and be acknowledged, by the occupant as having read, understood and agreed-to such provisions.
F. Registration Information. Registration documentation for every transient private home rental shall include, at a minimum, the following information, as well as such other information as may be promulgated by the City Manager in implementing regulations:
1. Number of vehicles to be parked at each transient private home rental unit.
2. The number of persons staying overnight (past 11:00 p.m.) at the transient private home rental unit.
3. Financially responsible occupant(s), including the California driver’s license number or California identification number.
G. Local Management. In order to ensure timely responses, unless the owner resides within fifteen (15) miles from the City’s boundaries and provides property management services
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to such owner’s transient private home rental unit(s) (in which case, all obligations of a managing agent contained in the TPHR Regulations shall be that of such owner), such owner shall engage the services of a managing agent that maintains a physical presence within fifteen (15) miles from the City’s boundaries.
H. Parking. No person shall stop, park or leave standing any vehicle on any transient private home rental property, between the hours of 11:00 p.m. and 7:00 a.m. of the following day, unless such vehicle properly displays a valid parking pass, as set forth herein. No person renting or occupying any transient private home rental unit shall park or leave standing within three hundred (300) feet of such transient private home rental unit, between the hours of 11:00 p.m. and 7:00 a.m. of the following day, any vehicle that is listed within the registration information required by paragraph (F). The owner or managing agent shall provide dated parking passes, in a form approved by the City Manager, for use with registered vehicles. Such pass(es) shall indicate the number of vehicles that are authorized to be parked on-site at the transient private home rental property, which number shall not exceed the number of lawful parking spaces actually provided at such property. Failure to properly display such pass shall constitute a violation of this paragraph by the owner or user of such vehicle.
I. Occupancy Standards. Each occupant and visitor to a transient private home rental shall comply with all applicable provisions of this Code, including, without limitation, noise standards, anti-littering laws, occupancy limits, parking, and trespassing provisions. No occupant or visitor to a transient private home rental shall cause or permit a public nuisance to be maintained on such property.
J. Signage.
1. The signage required by Section 17.03.310 shall remain in place at all times that the transient private home rental unit is registered in the transient private home rental program. The signage required by Section 17.03.310(E) may be provided by a freestanding exterior sign, but shall not be nailed, attached or otherwise affixed to a tree or other plant. Lettering for the signage required by Section 17.03.310(E)(1) shall be a minimum of three (3) inches in height (and a corresponding width), of a color that contrasts with the background upon which it is placed, and made of night reflective material or paint. The City may, but shall not be obligated to, provide a standard sign complying with the provisions of Section 17.03.310 and this section. The City may charge for such signage a cost not exceeding the reasonably estimated cost of such sign to the City.
2. Each transient private home rental unit shall contain property address lettering that is plainly visible (including around earthen or snow berms) from the street or public right of way that fronts the transient private home rental unit. In addition to the requirements of the TPHR Regulations, such lettering shall be a minimum of four (4) inches in height (and a corresponding width), conform to the latest
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edition of the California Building Code, and shall be of a color that contrasts with the background upon which it is placed. Address numbers shall be either: (1) illuminated with an internally lit, low-voltage light, (2) internally lit with a solar- powered light, which shall be approved by the City Manager in advance, or (3) self illuminated, as approved by the City Manager. Any internally lit lettering shall be illuminated by a non-switched light source that is controlled by a photocell. Solar panels shall be located in a location that receives sun rays during daylight hours, and maintained by the owner or managing agent free of any leaves, snow or other debris that would tend to cause the photo cells to not receive charging rays. When the transient private home rental unit is located more than one hundred (100) feet from the street or public right of way that fronts the unit, additional property address lettering shall be required in a manner so as to comply with the provisions set forth in this subparagraph.
K. Advertising Regulations. No owner or managing agent shall advertise any transient private home rental in such a manner as to promote such unit for a use that is not permitted by applicable law, including, without limitation, the use of such unit for weddings, wedding receptions, business conferences and meetings, scrap booking and other uses that violate the City’s Development Code. The penalty for violation of this paragraph shall be as follows. Following a written notification by the City Manager, each owner and managing agent shall actively cease all advertising that is not in compliance with this paragraph within the following timeframes: seven (7) days for any and all signs and internet-based ads, by the next publication date for printed media advertising provided by a bona fide third party publisher, prior to next media release for all other media advertisements. The City Manager’s written notification shall be sent to the owner of the transient private home rental unit, as well as any managing agent for such unit. If such written advertising is not corrected within the above-referenced time, the penalty for each and every day following such time frame shall be an infraction with a penalty of two hundred fifty dollars ($250.00); provided, however, that for purposes of this Section, one publication or media release lasting no longer than the above-referenced time frame shall constitute a single violation. For any violation of the same provisions within the same twelve (12) month period, the penalty for each and every day in which any violation of this paragraph exists shall be an infraction with a penalty of five hundred dollars ($500.00). Every owner and managing agent shall be responsible for compliance with this paragraph, provided however, that the City Manager’s implementing regulations may contain a policy providing that the managing agent shall be the entity primarily responsible for compliance with this paragraph.
L. Enforcement Provisions — Ownership/Management. The following penalties shall apply to the following persons, who shall be legally responsible for violations of Section 17.03.310 or this Section.
1. For the first violation, the owner or managing agent shall be provided a verbal warning by the City Manager, which verbal warning shall be notated in writing by the City Manager. Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 74 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
2. Any owner and the managing agent causing or permitting to be caused a second violation of the same provision, at the same property, within a twelve (12) month period shall be punished with an infraction penalty, with a two hundred fifty dollar ($250.00) fine. Written notice of such second violation shall be provided by the City Manager to the owner.
3. Any owner and the managing agent causing or permitting to be caused a third violation of the same provision, at the same property, within a twelve (12) month period shall be punished with an infraction penalty, with a five hundred dollar ($500.00) fine. In addition, for any such third violation during such twelve (12) month period, the unit(s) subject to such violations shall, as a penalty, be removed from the transient private home rental program for a twelve (12) consecutive month period, commencing as of the date of conviction or entry of a plea.
4. Any managing agent causing or permitting to be caused more than three (3) violations of Section 17.03.310 or this Section (exclusive of the verbal warnings pursuant to paragraph (a)), or any combination thereof, irrespective of whether such violations occur on the same or multiple properties, within a twelve (12) month period shall be punished with an infraction penalty, with a five hundred dollar ($500.00) fine for each such violation.
5. In addition to the penalties herein provided, for any additional violation beyond the first three (3) violations during any twelve (12) month period (exclusive of the verbal warnings pursuant to paragraph (a)), irrespective of whether such violation(s) occur on the same or multiple properties, the managing agent shall not thereafter be permitted to manage, or represent the owner with respect to, the property(ies) at which the subject violations occurred.
6. Any managing agent causing or permitting to be caused more than five (5) violations of Section 17.03.310 or this Section, or any combination thereof (exclusive of the verbal warnings pursuant to paragraph (a)), irrespective of whether such violations occur on the same or multiple properties, within a twelve (12) month period shall be punished with an infraction penalty, with a five hundred dollar ($500.00) fine, and shall constitute grounds for revocation of the managing agent’s business license of the management agency for a period of twelve (12) months pursuant to Section 5.02.180 of this Code.
M. Enforcement Provisions — Occupants/Visitors. The following penalties shall apply to any occupant or visitor of a transient private home rental unit, each of whom shall be responsible for compliance with Section 17.03.315(I).
1. For the first violation, the owner, managing agent, or the City shall provide a verbal warning to the occupant or visitor, which verbal warning shall be notated in writing by such owner, managing agent, or the City Manager, as applicable. In Page 17.03 - 75 Ordinance 2003-333, Adopted 09/08/03 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
addition, the owner shall be notified (verbally or in writing) of such violation, which notification shall include the nature of the violation, and which notification shall, if made verbally, be notated in writing by the managing agent, or the City, as applicable.
2. Any occupant or visitor of a transient private home rental unit causing or permitting to be caused a second violation of the same provision, at the same property, within a twelve (12) month period shall be punished with an infraction penalty, with a two hundred fifty dollar ($250.00) fine.
3. Any occupant or visitor of a transient private home rental unit causing or permitting to be caused a third or additional violations of the same provision, at the same property, within a twelve (12) month period shall be punished with an infraction penalty, with five hundred dollar ($500.00) fine.
N. Unregistered or Otherwise Non-Compliant Units. In the event any owner or management agent unlawfully causes or permits the rental or occupancy of a transient private home rental without first registering such unit in compliance with Section 17.03.310 or this Section, or if such transient private home rental is otherwise in violation of Section 17.03.310 or this Section, such owner or management agent shall be deemed to be in violation of this Section. In such event, following a verbal warning described in subparagraph (L)(a), such owner and, as applicable, management company shall either: (1) cause the renter and any and all occupants of such non-registered unit to vacate the unit immediately and provide an alternative rental location to such tenant and occupant(s), at no additional cost or expense to such tenant or occupant(s); or (2) if the violation of Section 17.03.310 or this Section can be corrected, correct the violation immediately. In the event such owner, and as applicable management agent, fails to do so, such owner, and as applicable management agent, shall, in addition to any other remedies available to the City, be subject to the penalties provided in subparagraph (L)(a) through (e), inclusive, as applicable.
O. Enforcement Provisions — General.
1. Every act prohibited or declared unlawful and every failure to perform an act made mandatory by Section 17.03.310 or this Section is punishable as an infraction, provided, that where the city attorney or citing officer determines that such action would be in the interests of justice, the city attorney or citing officer may specify in the accusatory pleadings that the offense shall be a misdemeanor. Every person who causes, aids, abets or conceals a violation of Section 17.03.310 or this Section is guilty of violating Section 17.03.310 or this Section, respectively. Each person, firm or corporation shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any provision of Section 17.03.310 or this Section is committed, continued or permitted by such person, firm or corporation. An infraction is not punishable by
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imprisonment. A person charged with an infraction shall not be entitled to a trial by jury and shall not be entitled to have the public defender or other counsel appointed at public expense to represent him unless he or she is arrested and not released on his or her written promise to appear, his own recognizance, or a deposit of bail.
2. Violations of Section 17.03.310 or this Section shall be treated as a strict liability offense regardless of intent. However, in either a civil, criminal or administrative action or proceeding, when determining whether or not to prosecute any owner or managing agent for violations caused by an occupant, or the extent to which such owner or managing agent shall be prosecuted for a violation caused by an occupant, the City shall consider the good faith efforts of the respective owner or property manager to reduce the likelihood of such violation(s).
3. In addition to the remedies provided by Section 17.03.310 or this Section or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of Section 17.03.310 or this Section shall be deemed a public nuisance and may be enjoined or abated by the City by means of a civil action or administrative abatement pursuant to Chapter 8.80 of this Code, and each day such condition continues shall be regarded as a new and separate offense.
4. In any civil, criminal or administrative action or proceeding commenced by the City to abate a nuisance, to enjoin a violation of any provision of Section 17.03.310 or this Section, or to collect a civil penalty imposed by this Section, the City shall, if it is the prevailing party, be entitled to recover from the defendant in any such action reasonable attorneys' fees and costs of suit.
5. Any person, firm or corporation who violates any provision or fails to comply with any requirement or provision of Section 17.03.310 or this Section shall be liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. Each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the City Attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.
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17.03.320 NONCONFORMING USES AND STRUCTURES
A. Purpose and intent
The City’s intent in adopting the provisions of this Development Code is to ensure that new and existing land uses and structures are brought into conformance with the goals and policies of the General Plan. The eventual elimination of existing nonconforming uses and structures benefits the health, safety and welfare of the community, protects property values, promotes economic development, and protects residential neighborhoods, by abating substandard structures and promoting compatibility of land uses within zone districts.
Notwithstanding the benefits of eliminating nonconformities, the City recognizes the financial investments, which may have been made in nonconforming properties, and the rights of individual property owners to yield a fair return or amortization from those investments. In addition, the City recognizes that the continuation of certain nonconforming conditions may not be detrimental to adjacent uses or properties, or the community in general, and that provisions are needed to allow for full use of nonconforming properties in these cases.
Based on these considerations, the intent of this section is to limit the number and extent of nonconforming uses by prohibiting or limiting their enlargement, their reestablishment after abandonment, and their alteration or restoration after destruction of the structures they occupy. While permitting the continued use and maintenance of legal nonconforming structures, this section is intended to limit their continued number and extent by prohibiting their being moved, altered, or enlarged in a manner that would increase the discrepancy between existing conditions and the standards prescribed in this Development Code, and by prohibiting their restoration after destruction. It is also the intent of this section to establish regulations and procedures which ensure that the elimination of nonconforming uses and structures occurs as expeditiously and as fairly as possible, while avoiding any unreasonable limitations on established property rights.
A. General provisions
1. No property in the city shall be used for any purposes other than those permitted in the zoning district in which the property has been classified, except as provided in this section.
2. An existing use shall be deemed a “legal nonconforming use” if, prior to its establishment, the required permits were obtained or if the use was in compliance with codes and ordinances in existence at the time of establishment. Structures and uses not having acquired the permits required at the time of construction or establishment shall be considered “illegal” and shall be defined merely as “nonconforming”, except as otherwise provided in this section.
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3. Illegal uses or structures have no vested rights. Any use or structure which has been unlawfully established and which does not conform to the use provisions or development standards of the zone district in which it is located is in violation of the city’s Development Code, and shall be deemed a public nuisance and shall be subject to all available measures for abatement and correction of the code violation(s) pursuant to the Municipal Code.
4. Any portion of a legal nonconforming structure or use that is altered or changed to a conforming structure or use may not thereafter be used for a nonconforming use.
5. Routine maintenance and repairs, such as painting, plumbing repair, and similar work, may be performed on a legal nonconforming use or structure to ensure the protection of public health, safety and welfare. All nonconforming uses and structures are subject to all applicable property maintenance and substandard building codes and ordinances. Alterations and repairs that are necessary to maintain public health, safety and welfare, as determined necessary by the Chief Building Official, may be performed on a nonconforming use or structure subject to all applicable codes and regulations.
6. Nothing in this section shall prohibit the establishment of special regulations for specific nonconforming uses and structures regulated by other sections of the Development Code. Such regulations may provide for the retirement or amortization of those specific uses and structures.
7. When a building or structure is relocated to another site, it shall be made conforming in all respects with the provisions of the Development Code and all other applicable laws and regulations.
B. Continuation of nonconforming uses and structures
1. A use lawfully occupying a structure or a site, that does not conform with the use provisions and development standards for the zone district in which the use is located, shall be deemed to be a legal nonconforming use and may be continued, except as otherwise provided in this section.
2. A structure lawfully occupying a site that does not conform with the development standards contained in the Development Code, including but not limited to standards for front yards, side yards, rear yards, height, lot coverage, distances between structures, and parking facilities for the zone district in which the structure is located, shall be deemed to be a legal nonconforming structure and may be used and maintained, except as otherwise provided in this section.
3. Notwithstanding the provisions of paragraphs C.1 and C.2 above, if any legal nonconforming use or structure is determined to be operated and/or maintained in such a manner as to be a nuisance, a blighted property, or a direct and substantial detriment to the right of other properties in the vicinity, then the nonconforming Page 17.03 - 79 Ordinance 2003-333, Adopted 09/08/03 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
use or structure may be subject to the abatement and/or amortization provisions of this section.
4. Any one of the following occurrences shall immediately terminate the right to maintain and/or operate a nonconforming use or structure except as otherwise provided in this section:
a. Changing a nonconforming use to a use not permitted in the zoning district;
b. Increasing or enlarging the area, space or volume occupied by or devoted to a nonconformity; or
c. The addition to a nonconforming use of another use not permitted in the zoning district.
C. Existing approvals
1. Approved entitlements to use existing structures and/or property. Nothing in this section shall be deemed or construed to prevent the ultimate use of a project site, which has been approved or conditionally approved by the city prior to the effective date of this Development Code or any amendment thereto, provided that the use has been established as of such effective date.
2. Facilities under construction. Nothing in this section shall be deemed or construed to prevent the completion and use, in accordance with this section, of any building or structure under construction before the effective date of this Development Code or any amendment thereto, provided that all of the following conditions exist:
a. That such construction or the proposed use of such building or structure is not, at the effective date, in violation of any other law or regulation.
b. That the applicable grading and building permits have been issued and that substantial construction of such building has been performed and substantial liabilities have been incurred in good faith reliance on such permits. For the purposes of this section the issuance of a grading permit alone shall not constitute a vested right to develop and where the grading plan would result in a non-conformity, said permit shall be null and void on the effective date of this section.
c. That all applicable permits remain valid, reasonable progress toward completion is being made and that work has not been ceased for a continuous period of more than 180 days.
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3. Time extensions. Time extension applications filed or under consideration after the effective date of the Development Code or any amendment thereto, shall be subject to the procedures, standards and regulations contained within this Development Code, as amended from time to time, on the date such application is approved.
D. Exceptions to nonconforming status
1. Public utility facilities and uses. Nothing in this section pertaining to nonconforming buildings and uses shall be construed or applied so as to require the termination, or removal, or so as to prevent the modernization, replacement, repair, maintenance, alteration, or rebuilding of public service and public utility buildings, structures, uses, equipment and facilities; provided, that there is no change or increase of those areas to be occupied by such uses.
2. A nonconforming structure, which is determined by the City Council to have historic or cultural value to the community may be deemed to be exempt from the requirements of this section regarding elimination of nonconforming uses and structures, and such structure may be maintained, rehabilitated, and expanded pursuant to applicable codes and ordinances.
E. Abandonment of nonconforming uses and structures
1. Whenever a nonconforming use has been abandoned, discontinued, or changed to a conforming use for a continuous period of one year or more, the nonconforming use shall not be reestablished, and the use of the site thereafter shall be in conformity with the zone district and development standards for the zone in which it is located. This section may not apply to nonconforming dwelling units. Discontinuance of a use shall include cessation of the existing nonconforming use, regardless of intent to resume said nonconforming use at some future time.
2. Loss of right to nonconforming parking. All nonconforming rights related to parking shall be lost if the primary structure on the lot is demolished. Rights shall not be lost if a building is merely vacated.
3. Abandonment/revocation of rights through nuisance, blight or detrimental effect upon adjoining, abutting or adjacent property. Any nonconforming use which is operated in such a way as to be a nuisance or a direct detriment to adjoining, abutting or adjacent properties or which is neglected to the point of being a blight on the community may be considered to have had its nonconforming rights abandoned, provided that the following process occurs:
a. A fully noticed public hearing shall be held before the Planning Commission; and
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b. The Planning Commission, or City Council on appeal, shall find that:
(1) The use adversely affects the health, peace or safety of persons residing or working on the premises or in the surrounding area; or
(2) The use jeopardizes or endangers the public health or safety; or
(3) The use constitutes a direct and substantial detriment to surrounding uses by repeated adverse activities and incidences, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assault, battery, acts of vandalism, loitering, excessive littering, illegal parking, loud noises (particularly in late night or early morning), excessive noise, traffic violations, curfew violations, lewd conduct or police detentions and arrests; or
(4) The uses cause repeated violations under Public Health and Safety Code, Title 8 or Title 9; and
(5) The owner or operator has been unwilling or unable to eliminate the adverse activities, if any.
c. If it finds that conditions and/or modifications of the use will be ineffective in eliminating the adverse activities, the Planning Commission, or City Council on appeal, shall revoke only the nonconforming rights to the use.
d. Continuation of any use after abandonment or revocation pursuant to this subsection shall constitute a violation of this section and shall be penalized as provided for in the applicable sections of the Municipal Code.
F. Provisions for legal nonconforming residential uses and structures
1. Legal nonconforming primary residential uses may be continued and expanded if they meet all of the following conditions:
a. The use shall not have been discontinued for a continuous period of one year or more.
b. Any proposed expansion (including but not limited to room additions, carports, garages and accessory structures) shall not increase the nonconformity of the structure or use, and shall conform to all applicable codes and ordinances.
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c. There shall be no increase in residential density (units per acre) as a result of the proposed expansion.
d. There shall be no increase in the overall site area of the nonconforming use.
e. No residential dwelling shall be deemed nonconforming solely because it does not meet required side yard setbacks, provided that it complies with the side yard setback requirements in effect at the time a building permit was issued for its construction.
f. Approval for the alteration of a legal nonconforming residential use or structure shall be obtained through a minor modification pursuant to Section 17.03.250 for any expansion of less than 25 percent of the original floor area, or through approval of a plot plan review by the Planning Commission pursuant to Section 17.03.160 for any alteration greater than 25 percent of the original floor area.
g. For residential uses which are nonconforming as to parking, the addition of new dwelling units shall require the provision of additional parking spaces for the new dwelling units as well as to meet the parking requirements of existing units, in accordance with the standards for new construction.
2. Legal nonconforming accessory uses in residential zones shall meet the following requirements:
a. Animal uses. Any legal nonconforming use involving the keeping of animals in residential zones may be maintained if the use is not discontinued.
b. Fences. Nonconforming fences within any street-yard setback area of a residentially zoned property shall be deemed to be legally nonconforming if they meet all of the following requirements:
(1) Fencing material shall be open so as not to obstruct views above 48 inches from the ground level;
(2) Fencing material shall be of decorative construction, including but not limited to wood, tubular steel, wrought iron, decorative masonry block, or a combination of these and similar materials (not to include chain-link fencing);
(3) Fence shall not encroach into the public right-of-way;
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(4) Fence shall not obstruct vehicle sight distance at intersections and driveway approaches;
(5) Fence shall not obstruct snowplows during snow removal operations.
c. Parking. No residential dwelling shall be deemed nonconforming solely because it does not meet required off-street parking requirements, provided that it complies with the parking requirements in effect at the time a building permit was issued for its construction.
G. Non-residential nonconforming uses and structures
1. Parking
a. A use with nonconforming parking may change to another use without adding parking, except that if the new use would require more parking than the existing use, then the applicant must add parking equal to the difference between the parking requirement of the existing use and that of the new use (net change in parking intensity).
b. A use which is consistent with the zone district but which is nonconforming with respect to adequacy of parking may be expanded, provided that parking is provided for the expansion area in conformance with the parking requirement in effect at the time of said expansion.
2. Alterations and expansions of nonconforming non-residential structures when the use is consistent with the zone district
a. Alterations to the exterior of a nonconforming structure when the use is conforming, and when there is no expansion of floor area or site area, may be permitted by approval of a minor modification, pursuant to Section 17.03.250.
b. Alterations and/or expansions of a nonconforming structure and/or site when the use is conforming that involve expansion of no more than 25 percent or 500 square feet, whichever is less, in floor area or site area, may be permitted by approval of a minor modification, pursuant to Section 17.03.250.
c. Alterations and/or expansion of a nonconforming structure and/or site when the use is conforming that involve expansion of greater than 25 percent in floor area or site area may be permitted by plot plan review approval, pursuant to Section 17.03.160.
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d. For any proposed expansion of a nonconforming structure or site, where the use is conforming, of 50 percent or more of the floor area or site area, the City may require that the entire site be brought into conformance with applicable development standards and policies, to the extent these improvements can be reasonably accommodated on the site. For such expansions of less than 50 percent, the city may require that the expansion area(s) be improved in compliance with applicable standards and policies.
e. A nonconforming building or structure which conforms as to use and complies with the Building Code, including the issuance of all necessary permits, but which does not conform to the development standards for the district within which it is located, may be altered, added to or enlarged only to the extent that such alteration, addition or enlargement and the use and occupancy thereof fully complies with the applicable development standards for the district within which it is located and with all other applicable regulations.
f. Accessory structures. Whenever a nonconforming structure is modified pursuant to this section, the city may require that nonconforming accessory structures and uses on the site be brought into conformance with applicable standards and policies. This includes but is not limited to trash enclosures, fences and walls, outdoor storage areas, exterior lighting, storage buildings and removal of unpermitted storage containers. This does not pertain to non-conforming signs, which are governed by Chapter 17.12.
3. Provisions for nonconforming non-residential uses
a. In order to encourage and promote the conversion of nonconforming nonresidential uses to those which conform with the General Plan and zoning designations, no expansion of these uses shall be allowed with respect to either site area or floor area, and no building expansions shall be permitted for these uses, except as provided in this section.
b. Any proposed alteration to a structure or site in which a nonconforming nonresidential use is located shall require approval of a conditional use permit by the Planning Commission pursuant to Section 17.03.170. In addition to the findings for conditional use permit listed in Section 17.03.170.E, the Planning Commission shall make all of the following findings in approving any alteration to a nonconforming nonresidential use, or to a structure in which such use is located:
(1) The proposed alteration will not prolong the normal remaining life of the nonconforming use.
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(2) The proposed alteration of the nonconforming use will not be detrimental to or prevent the attainment of goals, objectives, and policies specified in the General Plan.
(3) The proposed alteration will not be detrimental to public health, safety, or welfare, or injurious to the property or improvements in the vicinity and district in which the use is located.
(4) The proposed alteration will not change the primary use of the land or increase the intensity of that use.
(5) The existing nonconforming use and proposed alteration comply with all other applicable city policies, codes and ordinances regulating operation of such uses.
c. In approving a conditional use permit for alteration of a nonconforming nonresidential use, the Planning Commission may add conditions which it deems necessary and reasonably feasible to ensure that the nonconforming use is operated in a manner compatible with adjoining properties and the surrounding area and which are needed to reduce any adverse impacts from traffic, noise, light and glare, hours of operation, loading, screening of storage and refuse areas, or other aspects of site design and/or operation of the nonconforming use.
d. Any use which was originally established in a zone district by right and has since been reclassified as a use permitted by conditional use permit in that district shall obtain a conditional use permit prior to the expansion of the use or any structure related to the use. For the purposes of this section, an application to change an alcoholic beverage license to expand the range of beverages sold shall be considered an expansion of that use.
H. Repair and restoration of nonconforming structures
1. Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, or a conforming structure occupied by a nonconforming use, provided that no structural alteration shall be made if the expense of the restoration exceeds 50 percent of the replacement cost of the structure at the time the construction is proposed. Any nonconforming structure, or structure occupied by a nonconforming use which is partially destroyed may be restored, provided that restoration is started within 180 days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure or structure occupied by a nonconforming use is damaged in excess of 50 percent of its replacement cost at the time of damage, the repair or reconstruction of the structure shall conform to all the regulations of the zoning district in which it is located and it shall be treated as a new structure, and any nonconformity shall be cured. Ordinance 2003-333, Adopted 09/08/03 Page 17.03 - 86 Ordinance 2004-344, Adopted 11/08/04 Ordinance 2007-375, Adopted 12/10/07 Ordinance 2011-417, Adopted 12/12/11 Big Bear Lake Development Code Chapter 17.03 – General Procedures
2. Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the Planning Commission, subject to appeal to the City Council. The burden of proof shall be on the owner to demonstrate by a preponderance of the evidence that the cost of repairs is less than 50 percent of the replacement cost of the structure.
3. Nothing in this section shall be construed to excuse any owner, occupant or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the uniform construction codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of the repair or rebuilding.
4. Whenever a nonconforming structure is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, and the nonconforming use shall not be resumed.
5. In accordance with Government Code Section 65852.25(a), the restoration and reconstruction restrictions contained in this subsection shall not apply to any multifamily residential dwelling, which is currently occupied at the time it was involuntarily damaged or destroyed and which was legally constructed and occupied at the time of its initial construction. For purposes of this subsection, the phrase “multifamily residential dwelling” means any structure designed for human habitation that has been divided into two or more legally created independent living quarters. The application of the restrictions of this subdivision shall not apply to any multifamily residential dwelling which constituted a public nuisance prior to being involuntarily damaged or destroyed, which was abandoned for a period of one year prior to being involuntarily damaged or destroyed, or to any property for which the property owner requests a reduction in density on the property. Any reconstruction performed pursuant to this paragraph shall conform to the City’s adopted construction codes at the time such reconstruction is undertaken.
6. In accordance with Government Code Section 65852.25(b), the reconstruction, restoration, or rebuilding of a multifamily dwelling may be prohibited if the Planning Commission determines that the reconstruction, rebuilding, or restoration will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood; or will be detrimental or injurious to property and improvements in the neighborhood; or that the existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted; or that there no longer exists a zone in which the existing nonconforming use is permitted.
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17.03.330 TRANSITIONAL USES AND STRUCTURES
A. Purpose and intent
The intent of this Section is to provide criteria for uses and buildings that are occupied by large retail commercial uses as designated with a footnote in Table 17.35.030.A that are subject to the provisions of Section 17.35.220 (Development Standards for Large Retail Uses). Existing large retail commercial uses and structures that occupy a building or collection of buildings on one parcel or adjacent parcel that exceeds a maximum of 40,000 square feet shall be deemed transitional uses and structures.
B. General provisions
1. Transitional uses and structures for which permits were properly obtained and occupied with large retail commercial uses of greater than 40,000 square feet of gross floor area established prior to the adoption of this ordinance may continue to operate and be occupied by large retail commercial uses. A new large retail use may occupy a transitional structure occupied by a large retail commercial use at the time of adoption of this ordinance, as long as there is no expansion of the floor area.
2. Ordinary maintenance and repairs, such as painting, plumbing repair, and similar work may be performed on transitional structures occupied by large retail uses prior to the adoption of this ordinance.
3. Alterations to the exterior of transitional structures may be allowed subject to approval of a Minor Modification, pursuant to Section 17.03.250, provided that there is no expansion of the floor area.
4. Transitional structures occupied by large retail commercial uses for which proper permits were obtained at the time of adoption of this ordinance that are damaged or destroyed may be rebuilt to the same footprint and gross square footage that existed at the time of adoption of this ordinance. The rebuilding of a damaged or destroyed structure shall comply with the requirements of the Uniform Construction Codes, or any other health or safety requirements imposed by local, state, or federal law or regulation in effect at the time of rebuilding.
a. The rebuilding of damaged or destroyed transitional structures in compliance with the maximum size for large retail commercial uses and structures provided in Section 17.35.050.A and Section 17.35.220 is strongly encouraged. Any rebuilding of damaged or destroyed transitional structures shall comply with the applicable development standards for the zone district within which it is located and with all other applicable regulations to the extent that these can be accommodated on the site.
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b. A development incentive such as a reduction or waiver of development standards, including but not limited to parking, setback, open space, or architectural requirements may be approved by the reviewing authority when the damaged or destroyed transitional structure is reconstructed in conformance with the size limitations specified in Section 17.35.050A and Section 17.35.220; and when the reviewing authority finds that such waiver or reduction promotes and maintain Big Bear Lake’s unique mountain setting and shopping experience, and does not conflict with the health, safety and welfare of the general public.
5. Whenever a transitional structure is voluntarily razed, or is required by law to be razed, the structure shall not be restored except in full conformity with the regulations for the district in which it is located, including Section 17.35.050.A and Section 17.35.220.
6. Any interpretation of the provisions of this section shall be heard and resolved by the Planning Commission, subject to appeal to the City Council.
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CHAPTER 17.04 NEWSRACKS ON PRIVATE PROPERTY
17.04.010 SHORT TITLE
This chapter shall be known as the “City of Big Bear Lake Placement and Maintenance of Newsracks on Private Property Ordinance”.
17.04.020 INTENT AND PURPOSE
The City Council of the City of Big Bear Lake hereby finds and declares:
A. The City of Big Bear Lake has significant interests in: (1) promoting vehicular traffic and pedestrian safety and convenience on private property; (2) preventing visual clutter on private property, and (3) protecting the aesthetic character of an area by regulating the placement of newsracks on private property.
B. The City of Big Bear Lake has a substantial interest in promoting the public health, safety, welfare and convenience of its citizens, businesses and visitors by ensuring that areas on private property are not unreasonably obstructed by newsracks and that newsracks on private property are properly maintained.
C. The City of Big Bear Lake has a substantial interest in preserving and protecting the unique visual and aesthetic qualities of the City. To that end, and consistent with the City's General Plan, the City desires to take steps to reduce the visual blight, pedestrian inconvenience and hazards associated with an unlimited number and design of newsracks on private property, poorly maintained newsracks on private property and the unrestricted and unregulated placement of newsracks on private property.
D. Thus, the purpose of this chapter is to promote the public health, safety and welfare and the aesthetic qualities of the City by controlling the size, shape, construction and appearance of newsracks on private property, as a reasonable time, manner and place regulation, so as to:
1. Provide for pedestrian and driving safety and convenience;
2. Ensure that there is no unreasonable interference with the flow of vehicular and pedestrian traffic, including ingress and egress from any City residence, place of business or public facility, or any legally parked or stopped vehicles;
3. Ensure compliance with Americans with Disabilities Act and improve passage for persons with disabilities by reducing impediments to passage caused by poorly- located newsracks;
4. Reduce visual blight and clutter and litter problems associated with poorly maintained or improperly located newsracks;
Page 17.04 - 1 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
5. Advance the economic interests of the City merchants and other information providers, including those involved in the publication and distribution of newspapers and periodicals through newsracks;
6. Protect the unique architectural, historical and aesthetic attributes of the City;
7. Reduce exposure of the City, property owners and businesses to personal injury or property damage claims and litigation;
8. Provide for public and property safety during emergency conditions; and
9. Maintain and protect the values of surrounding properties.
E. In adopting this chapter, the City Council is mindful that newsrack regulations implicate rights protected by the First Amendment of the United States Constitution and article I, section 2 of the California Constitution. To that end, the City Council hereby adopts these regulations and directs that their enforcement be conducted in a manner consistent with the constitutional rights of citizens and regulated parties.
F. The City Council further declares that allowing only newsracks on private property of a consistent design, placement and color in the City directly promotes the City's interests in promoting public safety, reducing visual blight and clutter, protecting the unique aesthetic and historical characteristics of the Village “L”, and advancing the economic interests of the City merchants and other information providers.
17.04.030 DEFINITIONS
For the purpose of this chapter, certain words and phrases are defined in this section, unless it is apparent from the context that a different meaning is intended:
A. "Approved newsrack base or pedestal" means a pole-type pedestal constructed of metal material with a single flange at the bottom to be bolted into the ground or sidewalk.
B. "Business day" shall mean Monday through Friday, inclusive, of every week excepting holidays for which the City of Big Bear Lake is closed to official business.
C. “Department” means the City of Big Bear Lake Planning Department.
D. "Director" shall mean the Director of Planning, City Planner or his or her designee. The director is hereby designated as the administrative enforcement official for this chapter and may issue an order to correct, a notice of relocation, or a notice of removal pursuant to this chapter.
E. "Harmful matter" has the meaning set forth in section 313 of the California Penal Code, or in any successor provision.
Page 17.04 - 2 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
F. “Hearing officer” means an independent person appointed by the City Manager or his or her designee to serve as a Hearing Officer for appeal hearings.
G. “Modular Boxes” shall mean a kiosk-like structure that simultaneously houses a bank or banks of modular news-boxes. The device is be secured to a firm hard surface such as a concrete sidewalk with the use of anchor bolts or similar means.
H. "Newsrack" means any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display, distribution or sale of newspapers or periodicals.
I. "Off-premises advertisement" means any sign or placard advertising a business located on another parcel or more than two hundred (20) feet away from the sign or placard.
J. "Parkway" means that area between the sidewalk and the curb of any public street, and where there is no sidewalk, that area between the edge of the public street, and the property line adjacent thereto. Parkway shall also include any area within a public roadway that is not open to vehicular travel.
K. "Permit" means a permit issued pursuant to this chapter allowing the placement of a newsrack within a specifically designated area.
L. "Person" means any individual, firm, company, corporation or other organization.
M. "Public sidewalk" means any surface dedicated to the use of pedestrians by license, easement, operation of law or by grant to the city.
N. "Public Street" means all of that area dedicated to public use for public street and sidewalk purposes and includes, but is not limited to, roadways, parkways, alleys and sidewalks.
O. "Roadway" means that portion of a public street improved, designed or ordinarily used for vehicular travel.
P. “Setback” shall mean the minimum required distance that a building, structure, parking area or other designated item must be located from a lot line.
Q. “Village L” shall mean Village Drive from east of Paine Road to west of Knickerbocker Road, and Pine Knot Avenue from south of the entrance to Pine Knot Landing to north of Cameron Drive.
17.04.040 PROHIBITED ON PUBLIC STREETS
No person shall install, use or maintain any newsrack or other related structure on private property that projects onto, into or over any part of the roadway of any public street or that rests, wholly or in part, upon, along or over any portion of the roadway of any public street or public property, except in compliance with the City of Big Bear Lake Municipal Code.
Page 17.04 - 3 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
17.04.050 DANGEROUS CONDITION OR OBSTRUCTION
No person shall install, use or maintain any newsrack on private property within the City when such installation, use or maintenance endangers the safety of persons or property, or when such newsrack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, or the ingress into or egress from any residence or place of business.
17.04.060 PERMIT REQUIRED
A. No person shall install or maintain any newsrack on private property within the City without first obtaining a permit from the Department under this chapter.
B. Applications for permits for newsracks shall be processed and considered for approval by the Planning Department, and shall contain the following as to each newsrack: 1. The name, address, telephone number (and facsimile or electronic mail address, if available) of the owner of the newsrack; 2. The name, address, telephone number (and facsimile or electronic mail address, if available) of the responsible person whom the City may notify or contact at any time concerning the newsrack; 3. The exact proposed location of the newsrack by specific street address (county assessor's parcel number, if no such address exists), and a scaled map (with distances shown) that clearly identifies the precise location of the proposed newsrack, including all improvements, structures and items that are necessary to determine site distances as set forth in this chapter, and any and all items as determined necessary by the Director;
4. A color photograph and model number of the type of newsrack being used; 5. The written permission of the property owner on which the newsrack is to be installed; 6. The name of the publication to be contained in each newsrack; 7. A hold harmless agreement pursuant to section 17.04.100; 8. A written agreement to adhere to each provision of this chapter; and 9. Any required fees, as established by ordinance or resolution of the City Council. C. The Director of Planning shall be provided a copy of each completed newsrack application within ten (10) business days following the Department's receipt of such application. The Director of Planning shall review all completed applications for newsrack permits requested under this chapter for consistency with the technical aspects of this chapter. The findings required in Section 17.12.030 (b) shall not apply to an application filed pursuant to this Chapter, and the Director shall grant a permit if the technical aspects of this Chapter are met.
Page 17.04 - 4 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
D. The issuance or granting of a newsrack permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any ordinance of the City. Permits presuming to give authority to violate or cancel the provisions of this Code or other ordinances of the City shall not be valid. E. The issuance of a permit based on plans and other data shall not prevent the Director from thereafter requiring the correction of errors in said plans or data or from preventing operations being carried on when in violation of this Code or of any other ordinance of the City.
F. Any newsrack permit issued on the basis of incorrect information or a fraudulent representation shall be void.
17.04.065 DEVELOPMENT CODE PROCEDURES
A. A request for a newsrack permit shall be submitted on a form provided for that purpose by the Planning Department. Approval shall be by administrative review without a public notice.
B. A newsrack permit shall be granted as an accessory use only, as defined in Section 17.02.030 of the City of Big Bear Lake Development Code.
C. All individual newsracks shall be registered with the City Planning Department.
17.04.070 PERMIT EXPIRATION; RENEWAL
A permit is valid for one (1) calendar year from the date of issuance. If a permittee is in compliance with this chapter, a permit may be renewed for each successive calendar year by the filing of a complete City renewal application at any time sixty (60) days prior to the date of expiration, paying any applicable permit renewal fee, and approval by the Director.
17.04.080 INSTALLATION AND NEWSRACK STANDARDS
A permit issued for the installation of any newsrack on private property shall comply with the following installation standards:
A. All newsracks shall comply with the American with Disabilities Act, and no newsrack shall exceed forty-eight (48) inches in height, including the base, thirty (30) inches in width, or two (2) feet in depth.
B. All newsracks, including the base and tray structure at the same location, must be uniform in dimensions, design, color, construction and made of metal but not wire metal. Base pedestal and/or tray structure shall be a matching color or black.
1. Exception: Free distribution pedestal boxes measuring a minimum of thirty six (36) inches high, ten (10) inches wide, and twelve (12) inches deep shall be allowed if installed adjacent to each other. All other provisions of this ordinance shall apply. Page 17.04 - 5 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
C. Newsracks shall be painted a bronze anodized color including the base and tray structure. Notwithstanding the foregoing sentence, newsracks may have one side of the newsrack that displays the newspaper or periodical made of plexiglass or other transparent, non-shattering material; provided however, that all other standards, including, without limitation, the limit on lettering contained in 17.04.090(D) shall remain applicable.
D. Newsracks shall only be placed adjacent to a curb or adjacent to the wall of a building. Newsracks placed adjacent to the curb shall be placed no fewer than eighteen (18) inches and no more than twenty-four (24) inches from the back edge of the curb. Newsracks placed adjacent to the wall of a building shall be placed parallel to such wall and not more than six (6) inches from the wall. No newsrack shall be placed or maintained on the sidewalk or parkway opposite a newsstand or another newsrack.
E. Except as set forth herein, no newsrack shall be chained, bolted or otherwise attached to any property without the written permission of the owner or person in lawful possession of the property. Each newsrack shall be installed on an approved newsrack base, shall be securely attached to the sidewalk or ground with hardware and in a fashion approved by the Building Official in the exercise of safe engineering practices.
F. Newsracks shall be placed immediately adjacent to each other either in groups of individual units or in modular boxes whether placed on a single pedestal or on a multiple pedestal tray mount system. The area dedicated for new racks shall not exceed twelve (12) feet in width and two (2) feet in depth for each location.
G. Without limiting the provisions of section 17.04.040, and except as explicitly indicated herein, no newsrack shall be placed, installed, used or maintained on private property when such newsrack is:
1. Within fifteen (15) feet of any marked crosswalk;
2. Within fifteen (15) feet of the curb return of any unmarked crosswalk;
3. Within five (5) feet of any fire hydrant, utility pole, traffic signal controller, traffic signals, or other emergency facility;
4. Within three (3) feet of any utility meter, traffic control sign post, manhole, service box, parking meter, street light pole or other utility;
5. Within ten (10) feet of any driveway or alley approach;
6. Within five (5) feet ahead of, and fifteen (15) feet to the rear of any sign marking a designated bus stop;
7. Within six (6) feet of any bus bench or bus shelter;
8. At any location where the clear space for the passageway of pedestrians, other than between permitted groups of newsracks, is reduced to fewer than four (4) feet;
Page 17.04 - 6 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
9. Within three (3) feet of any permitted sidewalk dining area or area improved with lawn, flowers, shrubs or trees, or within three (3) feet of any display window of any building abutting the sidewalk or parkway or in such manner as to impede or interfere with the reasonable use of such window for display purposes;
10. Within the boundary of a valet parking zone or any loading/unloading zone;
11. At any location where street or outdoor furniture may not generally be installed because of potential harm to subterranean structures;
12. Within any zone designated as residential within the City;
13. More than ten (10) inches from another newsrack occupying the same location or pedestal; or
14. Adjacent to any area where the Director has previously determined that the location would constitute a hazard or would otherwise endanger life or property.
H. Only one newsrack location shall be approved on any one parcel, or if one parcel contains more than 200 lineal feet of retail storefront one (1) newsrack location will be allowed for each 200 lineal feet of retail storefront in any one direction.
I. No group of newsracks shall extend more than twelve (12) feet along any curb, building wall or other area.
J. Newspapers or publications may only be attached or placed for display on one side of any newsrack, including, without limitation, any newsrack permitted to have one side containing plexiglas or other non-shattering transparent material.
K. Newsracks shall not be permitted in:
1. Required setbacks; 2. Open space areas; 3. Landscaped areas; 4. Snow storage areas; or 5. Any area where the placement of the newsrack would cause the allowable building coverage or floor area ratio to be exceeded.
17.04.090 MAINTENANCE STANDARDS Every person issued a permit for a newsrack under this chapter shall observe and comply with the following standards, and any person failing to observe these standards shall be liable for civil, criminal and administrative remedies, and administrative penalty citations as set forth in this code for each calendar day or portion thereof that such newsrack remains in violation:
A. Each newsrack shall be maintained and serviced so that it is free of:
Page 17.04 - 7 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
1. General dirt and grease; 2. Chipped, faded, peeling, and cracked paint, or on all visible painted areas; 3. Rust and corrosion on all visible unpainted metal areas; 4. Cracks, dents, blemishes, and discoloration in the clear Plexiglas or other transparent material, if any, through which publications are viewed; 5. Tears, peeling, or fading in the paper or cardboard parts and inserts; 6. Broken and misshapen structural parts; and 7. Graffiti, stickers, and etchings.
B. Each newsrack, including any coin-return mechanism, shall be mechanically operable.
C. Newsracks shall contain current editions of the publication as stated in the application for the permit.
D. No newsrack shall be used for off premises advertising signs other than the following:
1. A single, one line, identification of the name of the newspaper or periodical located within the newsrack shall be permitted for each newsrack. Such identification shall be limited to any one side of the newsrack. Identification lettering shall not exceed three (3) inches, shall be printed in white color and shall be centered at four (4) inches from the top of the newsrack.
2. A single, removable promotional placard shall be permitted for each newsrack so long as the placard does not contain an off-premises advertisement. Permitted placards, if not weather proof, must be changed no less often than once every fourteen (14) calendar days. The same placard may not be used more than once in any consecutive three (3) month period. The name of the newspaper or publication shall be allowed behind the placard space and shall comply with the lettering requirements in Section 17.04.090.D.i.
E. No newsrack shall remain empty for a period of thirty (30) days consecutive calendar days or longer. F. No newsrack may contain a publication other than the one listed on the permit application. The applicant may add or remove publications from a permit or permit renewal by making application to the Department and providing the information set forth in section 17.04.060(B). No additional application fee shall be required for such publication replacement.
G. Each newsrack will have and maintain on it the name, address, telephone number (and facsimile or electronic mail address, if available) of the person identified in section 17.04.060(B)(2), as well as the permit number affixed to the newsrack in a place and in a
Page 17.04 - 8 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property
manner required by the director. Upon the removal of any newsrack or newsrack base for which a permittee has been issued a permit, that permittee shall notify the director of such removal, in writing, within fifteen (15) days of such removal.
H. Except as set forth herein, permits shall not be sold or transferred other than as a part of the sale of all of the assets of the permittee. Any other attempted sale or transfer shall be unlawful and shall void the permit.
I. When use of a newsrack is permanently discontinued, the newsrack shall be removed and the location restored to its previous condition, including, but not limited to, repair of any portion of the ground or sidewalk damaged by the newsrack or its removal and removal of any protruding bolts or other fasteners, according to specifications provided by the director, in the exercise of safe engineering practices.
17.04.100 HOLD HARMLESS AGREEMENT
A condition for issuance of a permit pursuant to this chapter is that every permittee agrees to defend, indemnify and hold harmless the City, its officials, officers, agents and employees, from any loss or liability or damage, including expenses and costs, for bodily or personal injury, and for property damage sustained by any person as a result of the installation, use or maintenance of the applicant's newsrack within the city, and the permit application shall include an indemnification provision consistent with this section and approved by the city attorney.
17.04.110 HARMFUL MATTER
Harmful matter shall not be exhibited, displayed, sold or offered for sale in any newsrack located in a public place without adult supervision, other than a public place from which minors are excluded. A newsrack shall be considered to be "supervised by an adult" when either of the following measures are taken to restrict access to harmful matter by persons under eighteen (18) years of age: (1) the person receiving the harmful matter is required to use an authorized access or identification card to the newsrack and the owner of the newsrack has taken reasonable measures to assure that the card is issued only to persons 18 years-old or older and has established a procedure to immediately cancel the card of any person after receiving notice that the card has been lost, stolen or used by persons under eighteen (18) years of age, or that the card is no longer desired; or (2) the owner of the newsrack requires the person using the newsrack to retrieve the harmful matter to use a token and takes reasonable measures to ascertain that only those people who are eighteen (18) years of age or older obtain tokens for the newsrack. Persons wishing to use newsracks for the display of harmful matter shall be responsible for paying all administrative and other costs for retrofitting the newsrack and other associated hardware to comply with this section. 17.04.120 NEWSRACKS IN VIOLATION OF THIS CHAPTER
Upon determination by the Director that a newsrack for which a person has been issued a permit has been installed, used or maintained in violation of the provisions of this chapter, including, without limitation, failure to observe any term or condition of the permit or not meeting any condition related to priority for the location of any permit, the director may issue an order to correct, identifying the
Page 17.04 - 9 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.04 – Newsracks on Private Property violation(s) and directing their correction or the removal of the offending newsrack. If, within ten (10) business days following the service of the order to correct, all of the violations listed in the order to correct are not corrected or the newsrack is not removed in accordance with this chapter, the City may cause the correction, removal and disposal of the violating newsrack. The city shall not enforce an order to correct while any administrative appeal of that order to correct or a judicial action challenging the order to correct is pending.
17.04.130 LAND USE PERMIT
A permit issued under this chapter shall not substitute for any land use permit otherwise required under this code.
17.04.140 NEWSRACKS WITHIN THE VILLAGE “L” AND SURROUNDING STREETS
A. Except in compliance with Chapter 12.60 of the Municipal Code, newsracks outside of a building shall not be permitted within the “Village L.”
B. Any exterior newsrack proposed on a side street of Village Drive and Pine Knot Avenue shall be located a minimum of fifty (50) feet from the intersection of those streets as measured from the edge of the public right of way. All other provisions of this Chapter shall also apply to any such newsrack.
17.04.150 APPEALS PROCEDURE
A. Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this chapter may appeal such finding, determination, notice, action or failure. An appeal must be perfected within three (3) business days after receipt of notice of any protested finding, determination, notice, action or failure to act by filing with the director a letter of appeal briefly stating therein the basis for such appeal.
B. A hearing before the Hearing Officer shall be held on a date no more than fifteen (15) business days after receipt of the letter of appeal, unless appellant requests a longer time period. Appellant shall be given at least five (5) business days notice of the time and place of the hearing. The Hearing Officer shall give the appellant, and any other interested party, a reasonable opportunity to be heard, in order to show cause why the finding, determination, notice, action or failure to act should not be upheld. In all such cases, the burden of proof shall be upon the appellant to show that there was no substantial evidence to support the matter appealed. At the conclusion of the hearing, the Hearing Officer shall make a final and conclusive determination, setting forth, in detail, the Hearing Officer’s findings and conclusions.
C. Notwithstanding any provision in this Code to the contrary, the Hearing Officer’s decision shall be appealable to the Planning Commission pursuant to the procedures set forth in Chapter 12.60, Section 12.60.200.
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D. Pursuant to California Code of Civil Procedure section 1094.8, subdivision (c), the City hereby designates actions relating to newsrack permits provided for in this chapter as eligible for expedited judicial review pursuant to Code of Civil Procedure section 1094.8.
E. All notices required by this chapter to be given by the City to persons with an interest in any newsrack or publication located therein shall be given by first class mail, return receipt requested to the person and at the address provided in section 17.04.060(B)(1). Service of notices pursuant to this chapter shall be deemed effective upon the earlier of the following: deposit of written notice, properly stamped and addressed into the custody of the United States postal service, or (2) actual receipt by the recipient.
17.04.160 AMORTIZATION PROVISIONS
Every person required to obtain a permit under the provisions of this chapter shall obtain that permit within one hundred eighty (180) days following the effective date of this ordinance, meeting all requirements of this chapter except for the uniformity requirement of Section 17.04.080(b) and the requirements of 17.04.080(c). All newsracks shall meet all requirements of this chapter within three years following the effective date of this ordinance. Newsracks made of plastic, wood or wire metal shall be removed within one hundred eighty (180) days following the effective date of this ordinance. Any newsrack not brought into conformance within such time periods shall be removed by the newsrack owner, the property owner or person in lawful possession of the subject property. New or replaced newsracks shall comply with all requirements of this chapter.
17.04.170 VIOLATION -- MISDEMEANOR
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any of the provisions or failing to comply with any of the requirements of this chapter is guilty of a misdemeanor.
17.04.180 VIOLATION -- PENALTIES
A. Any person convicted of a misdemeanor under the provisions of this chapter, unless provision is otherwise herein made, shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a period of not more than six (6) months or by both such fine and imprisonment.
B. Any person found liable for a civil penalty for any violation of this chapter shall be required to pay a civil penalty provided on the schedule of penalties, late payment penalties, administrative fees and other related fees, costs and charges as shall be established by ordinance or resolution of the City Council.
17.04.190 REMEDIES NOT EXCLUSIVE
Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
Page 17.04 - 11 Ordinance 2009-387, Adopted 3/23/09 Big Bear Lake Development Code Chapter 17.09 – Slope Density CHAPTER 17.09 SLOPE DENSITY
17.09.010 PURPOSE AND INTENT
These regulations are intended to:
A. Recognize that the hillside areas of the City of Big Bear Lake form an integral part of the City’s natural scenic beauty. The City’s landforms are a nonrenewable resource and once destroyed may hinder the tourist industry upon which they City’s economic health depends. Hillside protection measures provided for in this chapter will form a key measure in ensuring that development in hillside areas will support the continued aesthetic and economic well-being of the City of Big Bear Lake.
B. Ensure that design and development of building sites protects public health and safety, and safeguards and enhances the quality of life, especially in those areas with a gradient greater than 30% and most vulnerable to wildfire hazard, landslides, and other life- threatening disasters.
C. Prohibit all development in areas with steep gradients regardless of zoning unless measures for mitigating adverse environmental impacts can be found.
D. Maximize the choice of environments available in the City for development and encourage a variety of developmental patterns in hillside areas.
E. Encourage a full understanding of current practices in good mountain design, architecture, landscape architecture, and civil engineering to preserve, enhance, and promote the existing and future well-being and appearance of the hillside areas of the City.
F. Encourage the preservation and enhancement of the City’s natural scenery by retaining natural topographic features, such as drainage swales, streams, slopes, ridge lines, rock- outcroppings, vistas, natural plant formations, and trees.
G. Discourage, insofar as is feasible and reasonable, the padding or terracing of building sites in hillside areas.
H. Promote a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas while minimizing possible scarring effects of hillside street construction. Roads should follow the natural topography wherever possible to minimize cutting and grading.
Page 17.09 - 1 Ordinance 2005-345, Adopted 1/10/05 Ordinance 2005-352, Adopted 8/8/05 Big Bear Lake Development Code Chapter 17.09 – Slope Density 17.09.020 DEVELOPMENT PROCEDURES AND STANDARDS
A. General provisions. The development procedures and standards provided in this chapter shall be applicable to all development within the City of Big Bear Lake, including the division of land.
B. Slope limitation. Development shall be prohibited in areas with an average slope of forty percent (40%) or greater. Any subdivision proposed under the Subdivision Map Act shall be designed so that no lots are unbuildable because of this limitation.
C. Slope Analysis. A slope analysis shall be submitted with all development permit applications that will result in the construction of structures or the division of land.
1. The adjusted average slope shall be calculated by the following method:
I x L S = x 100 A
Where: S = adjusted average slope expressed in a percentage; I = interval of topographic contours in feet; L = length of contour lines of subject property in feet; A = area of subject property in square feet, less any area with a slope of forty percent (40%) or greater. “Adjusted average slope” shall mean the average slope of a subject property excluding any areas with a slope of forty percent (40%) or greater.
2. The slope analysis shall include:
(a) A topographic base map of the proposed project site which shows the natural grade at a scale of not less than one inch (1") to two hundred feet (200'). The contour interval shall be five feet (5') for slopes ten percent (10%) or greater and two feet (2') for slopes less than ten percent (10%). Contour lines are to be obtained by aerial or field survey, done under the supervision of a land surveyor, registered engineer, or registered landscape architect.
(b) Computations for the adjusted average slope for the proposed project site using the method specified in Section 17.09.020.C.1 above.
(c) Indication on the topographic base map or an overlay of any areas of the proposed project site having a natural slope of forty percent (40%) or greater.
Ordinance 2005-345, Adopted 1/10/05 Page 17.09 - 2 Ordinance 2005-352, Adopted 8/8/05 Big Bear Lake Development Code Chapter 17.09 – Slope Density D. Land coverage. The maximum allowable land coverage shall be calculated and submitted for all development that will result in the construction of structures or division of land.
1. Maximum allowable land coverage shall be calculated by the following method:
S2 C = X - 40%
Where: C = maximum allowable land coverage expressed in a percentage; X = maximum coverage otherwise allowed by the Development Code; S = adjusted average slope obtained from Section 17.090.020.C.1; 40% = maximum slope.
The following represents a graphic illustration of this formula for R-1 zones:
Page 17.09 - 3 Ordinance 2005-345, Adopted 1/10/05 Ordinance 2005-352, Adopted 8/8/05 Big Bear Lake Development Code Chapter 17.09 – Slope Density
2. The entire parcel shall be taken into consideration when determining the allowable land coverage, including those areas of forty percent (40%) or greater gradient. The maximum allowable land coverage may be permitted for projects that the Planning Commission finds to represent outstanding and innovative design, site planning, and engineering techniques. However, a project which to some lesser extent meets the above stated requirements may be limited to less than the maximum allowable coverage.
3. All portions of the site occupied or covered by impermeable surfaces including buildings, pavement, and grading, except for recreation facilities and active recreation areas that can be utilized by all residents of a multi-unit development or the general public, shall be included in the maximum allowable land coverage.
E. Preliminary grading plan. A preliminary grading plan shall be filed with the City Engineer with all permit applications that will result in the construction of roads or structures or the division of land.
1. The preliminary grading plan shall include the following:
(a) A topographic map of the proposed project area and all adjoining properties within one hundred and fifty feet (150') as described in Section 17.09.020.C.2(a) above.
(b) Contours of the finished slope shown at intervals similar to the topographic base map.
(c) Street grades, which shall not exceed a twelve percent (12%) gradient, driveway grades, which shall not exceed a fourteen percent (14%) gradient, pad elevations, maximum elevation of top and minimum elevation of toe of finished slopes over three feet (3') in vertical height, the maximum heights of those slopes, and approximate total cubic yard of cut and fill.
(d) Compliance with the grading provisions contained in the latest edition of the California Building Code, as adopted by the City of Big Bear Lake.
2. In the event no such grading is proposed, a statement to that effect shall be filed with a plan that delineates the boundary of the building pad and driveway for each parcel proposed, to be prepared on a topographic map described in Section 17.09.020.C.2(a) above.
F. Geologic report. Unless otherwise waived in writing by the City Engineer, a detailed geologic report shall be filed with the City Engineer with all development permit applications where any part of the lot area to be developed contains slopes with a natural
Ordinance 2005-345, Adopted 1/10/05 Page 17.09 - 4 Ordinance 2005-352, Adopted 8/8/05 Big Bear Lake Development Code Chapter 17.09 – Slope Density grade of thirty percent (30%) or greater and will result in the construction of roads or structures or the subdivision of land.
G. Soil erosion and sediment control plan. Unless otherwise waived in writing by the City Engineer, a detailed soil erosion and sediment control plan shall be filed with the City Engineer with all development permit applications where any part of the lot area to be developed contains slopes with a natural grade of thirty percent (30%) or greater and will result in the construction of roads or structures or the subdivision or any other grading of land.
H. Cuts and fills:
1. Maximum cuts and fills of up to ten feet (10') each in vertical height at up to 2:1 horizontal to vertical slope with provisions for slope and soil stability may be permitted by the City Engineer, if the following findings can be made:
(a) All cuts and fills will be substantially landscaped to restore the aesthetic and scenic values of the site.
(b) Cuts and fills will be minimized to prevent scaring of the hillsides; graded contours will be matched and blended with the natural contours found onsite and finished in a manner to resemble natural topography that would normally occur.
(c) Exposed retaining walls shall not exceed a maximum height of eight feet (8').
2. Development projects in all zones that propose to exceed the maximum cut and fill standards shall require a Conditional Use Permit. Review of grading plans for such projects itemized in Section 17.09.020.H.1 above shall be conducted during the development review process by the Community Development Department and approved by the Planning Commission.
I. Single-family residential uses on existing lots of record:
1. All single-family residential development proposed to be constructed on existing lots of record as of the effective date of this chapter where natural slopes on all parts of the lot to be developed are less than thirty percent (30%) shall be exempt from the provisions of this chapter and the maximum allowable land coverage shall be as set forth in Section 17.25.050 of the Development Code.
2. Unless otherwise waived in writing by the City Engineer, all single-family residential development proposed to be constructed on existing lots of record as of the effective date of this Chapter where natural slopes on any part of the lot to be developed are at or exceed a thirty percent (30%) gradient shall be exempt from Section 17.09.020.C (Slope Analysis) and Section 17.09.020.D (Maximum
Page 17.09 - 5 Ordinance 2005-345, Adopted 1/10/05 Ordinance 2005-352, Adopted 8/8/05 Big Bear Lake Development Code Chapter 17.09 – Slope Density Allowable Land Coverage) of this chapter and the maximum allowable land coverage shall be as set forth in Section 17.25.050 of the Development Code if the plans for the proposed project are prepared by a licensed architect or engineer.
3. All single-family residential development proposed to be constructed on existing lots of record as of the effective date of this chapter shall be exempt from Section 17.09.030.C of this chapter (Conditional Use Permit for Encroachments into 40% slope area). Notwithstanding this exemption, a Conditional Use Permit shall be required for any grading not in compliance with the standards contained in Section 17.09.020.H.1 above. All single-family residential development proposed to be constructed on existing lots of record as of the date of this chapter shall be reviewed by the Development Review Committee (DRC) if natural slopes on any of part of the lot that will be developed are at or exceed a forty percent (40%) gradient and plans for the proposed project are prepared by a licensed architect or engineer. The applicant shall remit the appropriate fee as adopted by the City Council, which may be amended from time to time.
17.09.030 CONDITIONAL USE PERMITS
A. General Provisions. Requests to increase the amount of maximum allowable land coverage up to the percentage otherwise permitted by the Development Code or to encroach into areas of the proposed development site having a natural slope of forty percent (40%) or greater may be approved subject to the issuance of a Conditional Use Permit through the public hearing process before the Planning Commission, according to the provisions set forth in Section 17.03.170 (Conditional Use Permits) of the Development Code.
B. Increases to maximum allowable land coverage. The Planning Commission may approve an increase in the amount of maximum allowable land coverage if, in addition to the required findings for issuance of a Conditional Use Permit, the Planning Commission finds that the project provides one or more of the following adjustment allowances:
1. Cluster development;
2. Improvements to the storm drainage system in excess of those required;
3. Improvements that will increase access to the subject lot in excess of those required;
4. Methods to minimize erosion and potential runoff in excess of those required;
5. Methods to minimize fire hazard in excess of those required, such as installation of Class A roofing, one-hour exterior walls, and an early warning fire detection and notification system;
6. Methods to minimize the need for revegetation;
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7. Revegetation in excess of the requirements;
8. Preservation of unique topographic features in excess of requirements.
9. Other proposed improvements that will increase safety and protect the environment in excess of the requirements.
The planning Commission may award an increase of up to ten percent (10%) of the lot area for land coverage over and above the maximum allowable land coverage calculated in Section 17.09.020.D above for each adjustment. However, in no case shall land coverage exceed the maximum allowable land coverage otherwise permitted by the Development Code without an approved variance from Development Code standards.
C. Encroachments into 40% slope area. The Planning Commission may approve any requests for encroachments into areas of the proposed development site having a natural slope of forty percent (40%) or greater if, in addition to the required findings for a Conditional Use Permit, the Planning Commission finds:
1. That all proposed access provisions do not exceed a gradient of twelve percent (12%) for streets and fourteen percent (14%) for driveways and any landform or grading conforms to the grading provisions contained in the latest edition of the California Building Code, as adopted by the City of Big Bear Lake; and
2. That the project shall have no unmitigated environmental impacts regardless of zoning pursuant to the California Environmental Quality Act; and
3. That the project exhibits exceptional design and engineering techniques.
D. Variances. Requests for variances shall be processed in accordance with the provisions set forth in Section 17.03.180 (Variances and Minor Deviations) of the Development Code.
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17.10.010 PURPOSE AND INTENT
The purpose of this ordinance is to achieve the following objectives:
A. To recognize defensible space concepts as an ongoing effort to ensure the long term health of the forest and the fire safety of the community:
B. To promote conservation of existing forest resources, in balance with the need to allow development consistent with the General Plan;
C. To restrict the indiscriminate removal of trees in all age classes and to manage the removal of trees, brush and shrubs in a manner that inhibits the spread of wildfires;
D. To encourage tree conservation and defensible space concepts, including preservation of existing healthy trees, brush and shrubs where feasible and planting of new trees, throughout the planning, construction, and ongoing maintenance of development projects;
E. To plan for the conservation of significant stands of trees and eagle perch trees that are critical to maintaining the biodiversity of the forest;
F. To employ best management practices in implementing defensible space and erosion control standards.
G. To establish and maintain an optimal level of age and species diversity so as to provide for long-term stability of the forest, in keeping with the climate and biological resources of the surrounding national forest;
H. To ensure that the forest is maintained in a healthy condition by preventing topping, improper pruning, limbing and removal of trees, brush and shrubs, to avoid excess irrigation, erosion, damage during construction, or other hazards to forest health;
I. To ensure proper compatibility between trees, brush and shrubs and their planting sites, so as to reduce damage to pavement, structures and forestall potential conflicts with defensible space requirements;
J. To encourage good forest management on both private and publicly-owned properties; and
K. To establish procedures for enforcement and penalties for violations of defensible space requirements.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation
17.10.020 DEFINITIONS
For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. Base of the tree shall mean the portion of the tree trunk that meets the ground.
B. Canopy shall mean the continuity of cover over the ground surface formed by interconnecting multiple crowns in groups or stands of trees.
C. Crown shall mean the aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves.
D. Clearing.
1. Clearing, Intentional shall mean any act or omission, including the cutting down or removal of all or a substantial part of a tree or other vegetation within the critical root zone with the intent to cause a tree to decline in health and/or die. Such intentional acts shall include but not be limited to damage inflicted upon the root system of a tree by application of toxic substances, by the operation of equipment and vehicles, by storage of materials, by the change of natural grade due to unapproved excavation or filling, by topping or girdling, or by the unapproved alteration of natural physical conditions that are done for the purpose of causing the tree to decline in health and/or die.
2. Clearing, Negligent shall mean any act or omission, including the inadvertent cutting or removal of all or a substantial part of a tree or other vegetation within the critical root zone that negligently causes the tree to decline in health and/or die. Such negligent acts shall include a lack of water or proper care, and other acts of negligence, which result in the decline in health or death of a tree.
E. Critical root zone shall mean a circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained or protected for the tree's survival. The circumference of the critical root zone is established by drawing a circle around the base of the tree with one foot of radial distance for every inch of tree diameter at breast height (DBH), except that the minimum critical root zone shall be no less than an eight-foot radius. The critical root zone shall extend to a depth of five feet beneath the surface ground level.
F. Coniferous tree shall mean any tree or non-native tree with needle leaves and a woody cone fruit.
G. Construction envelope shall mean a predetermined area of intrusion, mutually agreed upon by contractor, owner, and City, which shall be shown on the plot plan prior to
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation approval of the plot plan and depicts portions of the project site which may be disturbed during construction, which may include but not be limited to disturbance by grading, construction, storage, and equipment staging.
H. Deciduous tree shall mean a woody plant with broad flat leaves, as opposed to coniferous trees, which at its maturity is at least fifteen feet in height, having a defined crown, and which sheds its leaves annually.
I. Diameter at Breast Height or DBH shall mean the diameter in inches of a tree measured at four and one-half feet above the existing grade. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its most narrow point beneath the split.
J. Diseased tree shall mean a tree that is irretrievably diseased or infested with insects or other organisms such that no available treatment can arrest or correct the disease or infestation, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.
K. Dripline shall mean an imaginary vertical line extending from the outermost portion of the tree crown to the ground. In cases of asymmetrical tree crowns, the widest portion of the crown shall be used as the radius extending the full circumference of the tree trunk.
L. Eagle perch tree shall mean any tree which, due to its location in the vicinity of Big Bear Lake, its height and form, is used by wintering bald eagles for perching and hunting purposes, as determined by a qualified wildlife biologist or agency (such as U. S. Fish and Wildlife Service or California Department of Fish and Game).
M. Girdling shall mean the choking of a tree branch or trunk by a wire, rope or other inflexible material that has been tightly tied to or around it, such that as the tied limb or trunk increases in girth, the tie fails to expand in diameter and cuts off supplies of nutrients and water to the part of the tree above the tie.
N. Landscape areas shall mean those portions of a building site or development site which are set aside to remain in open space, and which may be planted with trees, shrubs, turf, groundcover or other plant material, or left in a natural state with native vegetation, or any combination thereof.
O. Major project, for purposes of this ordinance, shall mean any use of land requiring approval of a discretionary land use application leading to the issuance of permits for grading and/or construction, including but not limited to plot plan review, conditional use permit, variance or minor deviation, land subdivision, a modification to such project, or an extension of time for such project; and any project which is subject to environmental review under the California Environmental Quality Act.
P. Minor project, for purposes of this ordinance, shall mean a project for which a grading permit and/or building permit is sought, but which does not require approval of a
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation discretionary land use application. Such projects include but are not limited to single family residences on existing lots of record, or modifications thereto; grading permits where no construction is proposed; stockpiling permits; and demolition permits.
Q. Permanent tree protection devices shall mean permanent structures such as retaining walls or aeration devices that are designed to protect a tree and its root systems throughout its lifetime.
R. Qualified tree expert shall mean a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.
S. Reviewing authority shall mean the entity that approves development applications or issues permits. In the case of administrative approvals, the reviewing authority shall be Planning Division staff, subject to appeal to the Planning Commission. In the case of approvals subject to public hearing requirements, the reviewing authority shall be the Planning Commission, subject to appeal to the City Council.
T. Sanitation harvesting shall mean the removal, prior to development of a site, of those trees which have been determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, Big Bear Fire Department and/or California Department of Forestry, not to be viable over the long term because of over-maturity, insect or disease infestation, a need for thinning to enhance viability of remaining trees, structural defects, trees with dead tops and/or numerous dead limbs, trees that are leaning, trees with deformities such as major forking, swelling and crooks, and other similar conditions.
U. Significant stand of trees shall mean a cluster of trees located on a property so as to create a visually prominent element on the site by virtue of the number and size of the trees in relation to the site and to the pattern of vegetation and development in the vicinity.
V. Temporary tree protection devices shall mean non-permanent structural measures, such as fencing, mulch or berms, installed prior to construction for the purpose of preventing damage to trees during construction.
W. Topping shall mean the practice of cutting back the main trunk or large diameter branches of a tree in a manner that will substantially reduce the overall size of the tree area.
X. Tree shall mean a self-supporting woody plant growing upon the earth that usually provides one main trunk and produces a more or less distinct and elevated crown with many branches. For purposes of this ordinance, the term "tree" shall include only those trees that are six (6) inches or greater in DBH.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation Y. Tree cover shall mean the area directly beneath the crown and within the dripline of a tree.
17.10.030 GENERAL PROVISIONS
A. The provisions of this ordinance shall apply to all property, in every zone district, within the City of Big Bear Lake.
B. This ordinance shall apply to all trees, which are a minimum of twelve (12) inches in diameter at breast height (DBH), including both native and non-native trees.
C. In cases where an interpretation of wording in this ordinance is required, the authority for interpretation shall be the Community Development Director, except that the Community Development Director's decision may be appealed to the Planning Commission and ultimately to the City Council in accordance with the applicable provisions of the Development Code.
D. The removal of any tree twelve (12) inches or greater DBH shall be subject to review and approval by the City through issuance of a discretionary land use approval or tree removal permit. Any removal of such tree without obtaining the required permit shall be a violation of this ordinance. Each tree removed shall be a separate violation.
E. Intentional or negligent clearing of property which results in the death or decline of trees to the point that such trees must be removed, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, shall be a violation of this ordinance unless such clearing is done pursuant to an approved permit. Each tree, which is removed or damaged by intentional or negligent clearing to the point that it cannot survive such damage, as determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, shall be a separate violation of this ordinance.
F. The attachment of any signs, notices, or fastening of any wires, cables, spikes, nails, screws, or similar objects to any tree shall be a violation of this ordinance. However, in no event shall this section mean to prohibit the hanging of decorative lights, birdhouses, bird feeders, and other similar devices on trees, which do not damage trees.
17.10.040 DEVELOPMENT REQUIREMENTS FOR MAJOR PROJECTS
A. Pre-development review.
1. For any major project on land which contains one or more significant stands of trees where it is proposed to remove a significant portion of one or more of these stands of trees, a pre-development review shall be required pursuant to the applicable provisions of the Development Code. The purpose of this review is to
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation ensure that tree conservation is considered early in the planning process with respect to placement of buildings, roads and driveways, parking, utilities, and other site improvements.
2. A tree delineation map shall be required for the pre-development review meeting with the Development Review Committee. This map shall show existing grades, location and size of groups of similar trees (stands), and any trees which may be significant due to their size.
3. Conceptual development plans submitted at the pre-development review phase shall show one or more methods of ensuring that tree conservation has been considered in project design. In general, development plans should consider the following:
a. With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, new and existing trees may be incorporated into structures or decks. Any recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.
b. In evaluating tree preservation with respect to building placement, consider the relative health and viability of trees. Healthy trees of varying ages should be considered for preservation, rather than removing several younger trees in order to save an older specimen tree, which may be over- mature.
B. Development Review.
1. For major projects on sites containing existing trees twelve (12) inches or greater DBH; a Tree Management Plan shall be submitted concurrently with the formal application. Failure to provide this information will result in a determination that the application is incomplete. The Tree Management Plan shall contain the following components, except as otherwise waived by the City Planner based on inapplicability to the proposed project:
a. A plan showing the location of each tree twelve (12) inches or greater DBH on the site and within ten (10) feet of the site perimeter.
b. Existing grades and the base elevation of each tree shown on the plan.
c. A table keyed to the tree location plan, which indicates species, diameter, condition and health, recommendations on saving or removal of the tree, and any special considerations. This information shall be prepared by a
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.
d. Trees proposed to be removed for sanitation harvesting based on recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.
e. Trees proposed to remain after development, and trees proposed for removal;
f. Details indicating how remaining trees and their critical root zones will be protected during and after construction. This shall include a delineation of the area in which construction equipment shall be prohibited;
g. Any proposed grade changes within the drip line of trees to remain, and how trees will be protected from changes in grade through use of permanent tree protection devices;
h. Locations of construction equipment staging and materials storage during construction;
i. Locations of proposed underground utilities or other trenching, including storm drains, sewers, area drains, gas lines, electrical service, cable TV and water mains. All lateral lines serving the site shall be shown and shall be located so as not to damage remaining trees;
j. Locations of overhead utility lines which could impact existing or proposed trees;
k. Locations of proposed areas of new landscaping which could impact existing trees, including type of vegetation and irrigation proposed;
l. Locations of streams, wetlands or drainage courses, and any proposed changes to drainage patterns, which could impact trees;
m. If deemed appropriate, a photographic record of trees affected by development may be required.
2. The Tree Management Plan shall be prepared and evaluated in consideration of the following criteria:
a. Tree locations should be reviewed in relation to planned roads, driveways, pavement, structures, overhead utility lines and underground utility trenches, to ensure that trees will not be damaged by construction or
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation development. If the critical root zone of any existing tree will be significantly damaged during construction, or if the tree will conflict with any structure or improvement, the site should be redesigned or the tree should be removed. At least sixty (60) percent of the critical root zone should remain undisturbed from construction for any tree proposed to remain on site.
b. With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture new and existing trees may be enclosed within rooflines or decking of structures. Any recommendations of the California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval.
c. The critical root zone of a tree should not be paved over or encased in planters or other enclosures, which could change the grade at the base of the tree.
d. Grading or landscaping techniques that involve backfilling of soil around trees is not allowed.
e. The design of structures, improvements and site grades should conform to the natural topography of the site to the extent feasible, to ensure survival of remaining trees.
f. Consideration should be given to setting aside a natural vegetation area on the site that will be free from development, instead of trying to save individual trees within developed areas.
g. Trees that are the best candidates for survival should be identified based on the information provided by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.
h. When possible, no paving should be allowed within a distance from the base of the tree of four (4) feet or the diameter of the tree (DBH), whichever is greater. Within the drip line, if a hard surface is required, use of porous materials such as bricks, pavers or other pervious materials should be used.
i. The proposed site drainage plan should be reviewed for changes to surface water runoff that would affect trees. Final site drainage should not allow surface water to pond around the base of trees.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation j. Utility trenches should avoid the critical root zone of any mature tree to be retained on site, or minimize encroachment to the extent feasible. The width or depth of utility trenches is not a consideration, since the cutting of roots for any size trench may damage a tree severely. To the extent feasible, utilities should be run along the edge of driveways or other paved areas to minimize impacts to trees. k. In order to encourage preservation of healthy trees on development sites, the reviewing authority may grant a reduction in the number of required parking spaces for the use(s) proposed within a development project, based on the following criteria:
(i) For uses requiring ten (10) parking spaces or less on the site, no more than one (1) parking space credit may be granted in exchange for preservation of one or more trees.
(ii) For uses requiring between eleven (11) and twenty (20) parking spaces on the site, no more than two (2) parking space credits may be granted in exchange for tree preservation, as determined by the reviewing authority.
(iii) Or uses requiring twenty-one (21) or more parking spaces on site, up to fifteen (15) percent of the required parking spaces may be reduced in exchange for tree preservation, at a ratio of one parking space for each tree preserved, as approved by the reviewing authority. For the purposes of calculating tree credits, rounding up to the next whole number shall not be allowed.
(iv) Any trees for which parking space credits are granted shall be determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture to be healthy trees with long-term viability. Development plans shall demonstrate tree preservation measures within the final design as well as during construction.
(v) If a tree for which a parking space credit was granted does not survive in a healthy state thirty six (36) months after construction is completed, a replacement tree, selected from Exhibit 1 (Trees of Big Bear Valley), shall be required and have a minimum diameter of three (3) to four (4) inches measured at a point one foot above natural grade.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation C. Preparation of Landscape Plans.
1. All applicants for major projects may be required to prepare landscape plans for City for review and approval which incorporate trees, including new trees, new replacement trees, and existing trees, regardless of whether the development site contains existing trees or is devoid of trees at the time such development is proposed. Required landscape plans may include the following:
a. A preliminary landscape plan may be required prior to conditional approval by the reviewing authority for a discretionary project; and
b. A final landscape and irrigation plan may be required for review and approval prior to issuance of any grading or building permits for the project, if required by the reviewing authority. The final landscape and irrigation plan shall be consistent with the conceptual project approved by the reviewing authority, including any conditions of approval.
2. For any trees over twelve (12) inches DBH on the project site which are proposed for removal, a replacement tree shall be shown on the landscape plans, except as otherwise recommended by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture. Except as recommended by a California Registered Professional or an arborist certified by the Western Chapter of the International Society of Arboriculture, replacement trees shall have a diameter of three (3) to four (4) inches measured at a point one foot above natural grade. All of the replacement trees shall be selected from Exhibit 1, and a minimum of twenty five percent (25%) of those trees selected shall be Jeffrey pine, except as otherwise approved.
3. In order to preserve the character of Big Bear Lake's native Jeffrey pine forest and in keeping with the surrounding natural environment, it is strongly encouraged that trees from the list on Exhibit 1 of this ordinance be used in the planting plan. Other trees may be used for special effect, provided that at least some native trees are used on each site. Landscaping should include a mixture of ages and species to provide a continual forest canopy with diversity in form, color, and ability to withstand disease and insects.
4. Trees used within and adjacent to parking lots and paved areas should be chosen to minimize breakup of pavement due to root growth and avoid dropping heavy cones, sap and other materials onto vehicles. All parking areas shall be designed to incorporate shade during summer months and solar exposure during winter months; use of deciduous trees is encouraged. At least one (1) tree for every six (6) parking spaces shall be planted throughout the parking lot, which may include planter islands and/or along the perimeter of the lot, where appropriate.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation 5. Adequate area should be provided on site to allow full growth and spread of the tree's canopy at maturity, in order to avoid structural damage or premature tree removal. Conifers in Big Bear Lake may grow 36-48 inches in diameter at the trunk base, and the root spread is never less than the spread of the canopy.
6. Consideration should be given to shade and sunlight requirements, soil type and moisture, and site runoff in tree placement. Areas where ice melt or similar substances or chemicals will be used for ice removal in winter months should not be allowed to drain into landscape areas containing trees.
7. Plants placed within the dripline of any native conifer or oak tree shall be drought resistant and require no more water than the native tree. Drip irrigation systems may be used in these areas if irrigation is needed.
8. Erosion control shall be provided on any disturbed bare areas and cut slopes.
17.10.45 TREE CONSERVATION REQUIREMENTS DURING CONSTRUCTION
A. The following tree protection guidelines shall be incorporated as construction notes into all building plans for major projects including but not limited to the following: site, grading, street improvement, curb, gutter and sidewalk, water quality, drainage, public and private utilities, and any plan that proposes construction that may have an impact on trees to be protected.
B. All construction plans impacting a tree identified to be retained in the TMP must be approved by a State of California licensed landscape architect, California Registered Forrester or arborist certified by the Western Chapter of the International Society of Arboriculture (ISA).
C. A pre-construction meeting shall be conducted by the Building and Safety Division prior to commencement of any construction on a site with any existing trees of twelve (12) inches DBH or greater, and the provisions of this section shall be reviewed with the contractor. The contractor shall be required to verify in writing that that he/she was notified of the tree conservation requirements prior to commencing construction. If the applicant wishes to deviate from City requirements based on the recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, then the applicant may include the California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture at the meeting. The project landscape architect or arborist shall also attend the pre-construction meeting conducted by the Building and Safety Division and is required to visit the site prior to any trenching or grading activities to verify compliance with the TPM.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation D. Erosion and sedimentation control barriers shall be installed or maintained in a manner which does not result in soil build-up within the Critical Root Zone (CRZ) as defined by Section 17.10.020 (E) of the Development Code.
E. All trees shown to be retained in the TMP shall be protected during construction with chain link fencing, snow fence or fencing of equal, protective value.
F. Tree protection fences shall be installed prior to the pre-construction meeting and the commencement of any site preparation work (clearing, grubbing, or grading) and shall be maintained throughout all phases of the construction project.
G. Fences shall completely surround the tree or clusters of trees and be located at the limit of the drip line as defined by Section 17.10.020 (K) of the Development Code. In no case shall less than 60% of the CRZ be left unprotected.
H. Fences shall be maintained throughout the construction project in order to protect the following:
1. Soil compaction in the drip line areas resulting from vehicular traffic or storage of equipment or material.
2. Disturbances within the drip line areas due to grade changes or trenching not reviewed and authorized by the City of Big Bear Lake.
3. Wounds to exposed roots, trunk, or limbs by mechanical equipment.
4. Other activities detrimental to trees such as chemical storage, concrete truck cleaning, and fires.
I. Exceptions to installing tree fences at the tree drip line may be permitted in the following cases if a four (4) inch layer of organic mulch is placed within the drip line of the tree and the plan is approved by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture
1. Where trees are close to proposed buildings.
2. Where there are severe space constraints such as building size or other special requirements.
3. Where any of the above exceptions result in areas of unprotected root zones those areas should be covered with four (4) inches of organic mulch to minimize soil compaction.
M. If possible all grading within drip line areas shall be done by hand or with small equipment to minimize root damage prior to grading.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation
N. Any roots exposed by construction activity shall be pruned flush with the soil and backfilled with good quality topsoil within one (1) day. If exposed root areas cannot be backfilled with one (1) day, an organic material which reduces soil temperature and minimized water loss due to evaporation shall be placed to cover the roots until backfill can occur.
O. Prior to excavation or grade cutting within the CRZ or drip line areas, a clean cut shall be made with a rock saw or similar equipment in a location and to a depth approved by the project landscaper or arborist to minimize damage to remaining roots.
P. Trees most heavily impacted by construction activities shall be watered deeply once a week with a minimum of five gallons per inch of tree diameter applied at the drip line during periods of hot, dry weather including but not limited to the months of June through October.
Q. When installing concrete within the CRZ or drip line area, a plastic vapor barrier shall be placed underneath the concrete to prohibit the leaching of lime.
R. Any trenching required for the installation of landscape irrigation, on and offsite utilities, drainage lines, underground vaults and structures shall whenever possible be located outside the CRZ. In no case shall more than 60% of the CRZ be disturbed.
S. No landscape topsoil dressing greater than four (4) inches shall be permitted within the CRZ. No topsoil is permitted on root flares of any tree.
T. Pruning to provide clearance for structures, vehicular traffic, and construction equipment shall take place before construction begins. All pruning must be done according to the standards as outlined in literature provided by the International Society of Arboriculture (ISA Pruning Techniques).
U. The City has the authority to modify the tree protection plan before or during construction.
V. Trees approved for removal shall be removed in a manner which does not impact trees to be preserved.
W. Deviations from the above requirements and negligent damage to trees may be subject to a stop work order and/or subject to revised landscape plan approval as proscribed by Section 17.10.030 (D) and (E) of the Development Code. X. If any of the trees required to be retained or planted as part of the approved landscaping plan should die within a period of forty eight (48) months after completion of the activities associated with land disturbance, the owner of the property shall replace the
Page 17.10 - 13 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation trees within six (6) months at a ratio of one-to-one with an approved tree having a diameter of three (3) to four (4) inches measured at a point one foot above natural grade.
Y. For multi-family, commercial, and industrial projects only: The City may require surety in the form of a bond or other method as approved by the City Planner and City Attorney, to ensure that trees to be preserved and/or planted on the site are protected during construction, and remain viable and healthy for forty eight (48) months after issuance of a final certificate of occupancy.
17.10.050 DEVELOPMENT REQUIREMENTS FOR MINOR PROJECTS
A. Plan Submittal Requirements.
1. For minor projects involving building, grading, paving and/or demolition permits which do not require Planning Commission approval, and which have the potential to impact or cause removal of existing trees twelve (12) inches or greater DBH, the grading and/or construction plans shall show the following information:
a. The location, base elevation, DBH, species, condition, and critical root zone of all existing trees, which will be affected by the limits of construction. For purposes of this section, the limits of construction shall include any equipment or materials storage areas and/or temporary drive aisles, utility trenching, and other associated activities. All trees affected by proposed construction, both on the subject site and adjacent properties, shall be shown on the plan.
b. Indication of which trees are proposed for removal and which trees are proposed to remain.
c. Locations of proposed structures, paving, utilities, and areas to be protected, in relation to trees.
d. Any proposed grade changes within the drip line of trees to remain, and how trees will be protected from changes in grade through use of permanent tree protection devices.
B. Plan Review Standards.
1. In approving grading and construction plans proposing to remove or impact existing trees twelve (12) DBH or greater, the reviewing authority shall ensure that the following conservation measures are shown on the plans:
a. Site shall be designed so as to avoid removal of existing healthy trees, where feasible. Where some tree removal is necessary to accommodate
Page 17.10 - 14 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation the proposed development, consideration should be given to conserving significant stands of trees, healthy trees, trees of varying species and ages, and trees which due to their size, shape, location and/or appearance are considered to be significant. b. Tree locations should be reviewed in relation to planned roads, driveways, pavement, structures, overhead utility lines and underground utility trenches, to ensure that trees will not be damaged by construction or development. If the root system of any existing tree will be significantly damaged during construction, or if the tree at maturity will conflict with structures, the site should be redesigned or the tree should be removed. At least sixty percent (60%) of the critical root zone should remain undisturbed from construction for any tree proposed to remain on site. c. With the recommendation of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture, new and existing trees may be enclosed within rooflines or decking, to avoid future structural damage or injury to the tree. Any recommendations of a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture regarding the size, type, or location to ensure viability of such trees shall be included into the project approval. d. The base of a tree should not be paved over or encased in planters or other enclosures, which would change the grade at the base of the tree. e. Grading or landscaping techniques that involve backfilling soil around trees is not allowed. The original grade should be maintained within the drip line of existing trees. f. The design of structures, improvements and site grades should conform to the natural topography of the site to the extent feasible, to ensure survival of remaining trees. g. When possible, no paving should be allowed within a distance from the base of the tree of four (4) feet or the diameter of the tree (DBH), whichever is greater. Within the drip line, if a hard surface is required, use of porous materials such as bricks, pavers or other pervious materials should be used. h. Every effort should be made to install utility trenches outside the critical root zones. Trenches are to be backfilled as soon as possible.
Page 17.10 - 15 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation i. Where deemed appropriate by the reviewing authority, a condition of approval requiring tree replacement may be applied to the permit in order to achieve the objectives of this ordinance.
C. Tree Conservation during Construction.
1. In order to ensure tree conservation during construction or grading for ministerial projects, the provisions of Section 17.10.45 Tree Conservation During Construction of this ordinance shall be noted on the grading and construction plans.
D. Approval by Reviewing Authority.
1. Plans submitted pursuant to this section may be approved by the reviewing authority upon finding that:
a. The plans contain all information required by this section; and
b. The plans comply with the conservation requirements of this section.
17.10.060 TREE REMOVAL PERMIT
A. Except as specified in Paragraphs E and F of this section, in cases where there is no approval of a discretionary project or a ministerial project, but where removal of one or more trees twelve (12) inches or greater DBH is proposed, the property owner or authorized representative shall be required to obtain a tree removal permit from the City of Big Bear Lake. Approval of discretionary or ministerial projects, which include review of tree conservation plans, shall constitute the tree removal approval and no separate tree removal permit shall be required in these cases.
B. In cases where removal of one or more healthy trees twelve (12) inches or greater in diameter is proposed for reasons other than those listed in Paragraphs E or F of this Section, the applicant for a tree removal permit shall provide the following information to the City Planning Division:
1. The address and assessor's parcel number of the property;
2. Proof of property ownership, or the permission of the property owner to remove the tree(s);
3. The number, general location, DBH, species and general condition of each tree proposed for removal;
4. Photographs of each tree proposed for removal;
Page 17.10 - 16 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation 5. A written explanation stating the reason for the proposed tree removal;
6. The required fee as established by City Council.
C. The request for a tree removal permit shall be evaluated by the City Planner or his/her designee, and shall be approved if all of the following findings can be made:
1. The tree removal is reasonable and beneficial because such removal conforms to policies of the General Plan and this ordinance, and promotes public health, safety and welfare;
2. The tree removal will not substantially diminish the overall forest canopy within the vicinity or significantly change the character of the site from that of a mountain environment, such that the purpose and intent of this Ordinance as set forth in Section 17.10.010 can be met on the site if the permit is granted;
3. The tree removal will not affect an eagle perch tree; and
4. An approved tree having a diameter of three (3) to four (4) inches measured at a point one foot above natural grade will be planted on the site for each tree removed, where deemed appropriate by the reviewing authority.
D. Conditions of approval may be applied to a tree removal permit to ensure that the tree is removed and treated in accordance with recommended practices.
E. When it has been determined by the Big Bear Lake Fire Protection District or the California Department of Forestry that a tree should be removed because it is in decline, is infested or diseased, has died, is structurally unsound, or poses a threat to buildings, life, safety, and/or property, the Fire Protection District shall provide written notification to the Planning Division, which shall serve as a tree removal permit for the property owner, and no fee will be assessed for a tree removal permit in these cases.
F. When it has been determined by a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture or California Department of Forestry that a tree should be removed because it is in decline, is infested or diseased, has died, is structurally unsound, or poses a threat to buildings, life, safety, and/or property, the property owner shall provide documentation of such determination to the City, which shall serve as a tree removal permit and no fee shall be assessed for a tree removal permit in these cases.
17.10.070 PROPERTY MAINTENANCE
A. Fire Protection. In compliance with the City of Big Bear Lake Municipal Code Title 8 (Health and Safety) Chapter 8.72 (Refuse and Weed Abatement) it shall be the duty of every owner, occupant and person in control of any land or interest therein in the city to Page 17.10 - 17 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation abate there from and from all sidewalks, parkways and from any public highway or any public easement adjacent to such land , all noxious weeds or vegetation , dry grass, Russian thistle (tumbleweeds) dead trees, and all combustible rubbish or vegetation that constitutes a fire hazard, which may endanger or injure neighboring property or the health, safety or well-being of persons or property.
B. Tree Conservation Requirements. The following requirements shall apply to all properties within the City:
1. Landscaping material, which requires daily surface watering, shall not be planted within the drip line of native conifer and oak trees. Instead, plants within this area shall be drought resistant and require no more water than the native trees. If any irrigation is needed, drip irrigation shall be used.
2. Irrigation lines and sprinkler heads shall not be placed so as to spray on tree trunks of native conifer and oak trees. For native conifer and oak trees, irregular deep watering is encouraged, rather than daily surface watering. Every effort should be made to install irrigation trenches outside the critical root zones. Soil should only be compacted where the job engineer requires. Trenches should be backfilled as soon as possible.
3. No changes to the grade shall occur within the critical root zone of existing trees through construction of retaining walls, cut or fill, or other means, without plan review and approval pursuant to Sections 17.10.040 and 17.10.050 of this ordinance.
4. No pavement shall be installed within the critical root zone of existing native trees without issuance of a plan review and approval pursuant to Sections 17.10.040 and 17.10.050.B.2 of this ordinance.
C. Defensible Space. It shall be the responsibility of every property owner occupant and person in control of any land interest to abate the accumulation of forest fuels around their property, through implementation of the following measures within 10 feet of roads and driveways, and within an area surrounding the dwelling unit(s) from 0–100 feet in the front and rear yards, or to the property lines (whichever is less); and between the dwelling unit(s) and side property lines:
1. Remove all dead trees, and all combustible rubbish, burnable fuels, debris, or noxious material that constitutes a fire, health or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property including but not limited to all pine needles and branches on roofs, ground debris, logs and snags, grass 4 inches and higher, pine needles on the ground down to a 2-inch depth, and dead branches in bushes and trees.
Page 17.10 - 18 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation a. Exception: Grass, flammable vegetation and other combustible growth located more than 30 feet from any structure and less than eighteen (18) inches in height may be maintained where necessary to stabilize the soil and prevent erosion. 2. Cut logs or firewood greater than one (1) cord of wood or 128 cubic feet shall be located ten (10) feet away from any structure or shall be covered with a fire resistive structure or fabric. Firewood should be stacked away from the drip line of trees.
3. Thin dense groups of young trees (less than six (6) inches in diameter) to a (six) 6 to eight (8) foot spacing, measured trunk to trunk. Removal of any live tree with a diameter of more than twelve (12) inches measured at 4.5 feet above the ground requires approval by the City. 4. In areas with a continuous canopy, any tree taller than 45 feet should have its branches trimmed back to the trunk if those branches have any portion lower than 12-15 feet from the ground. A tree shorter than 45 feet should be trimmed to remove any dead branches up one-third of its total height. For non-continuous canopy areas, tree branches shall be pruned to remove limbs located less than six (6) feet above the ground service. A minimum vertical separation between the top of a shrub and the bottom lower branches shall be three times the height of the shrub. a. Exception: Deciduous and spruce trees more than fifteen (15) feet from any structure that have all forest litter removed from underneath the base of the tree. 5. Any branches that have any portions less than ten (10) feet from chimney openings shall be completely trimmed. Branches located within ten (10) feet vertical distance from the roof line that overhang a structure shall be removed. 6. Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting except that any logs infested with bark beetles shall be treated prior to removal as recommended by the California Department of Forestry, a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture.
7. A layer of ¼ inch of borax powder or other approved material shall be spread on the tops of all cut pine, fir and cedar stumps within 2 hours of cutting, except where stumps are ground to below grade.
8. All pine needles and leaves shall be removed when within five (5) feet of any structure.
a. Exception: Up to 2 inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted Page 17.10 - 19 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation when in the opinion of the Fire Chief or his/her designee they do not constitute a fire hazard. In deciding whether they present a fire hazard, the Fire Chief or his/her designee shall consider the proximity of the pine needles and leaves to buildings or structures.
17.10.75 NATIVE BRUSH AND SHRUB
A. Municipal Code Section 8.94.010 (Native Brush and Shrubs).
1. It shall be the duty of every owner of real property in the City of Big Bear Lake to abate as a nuisance from such real property and from all parkways, Native Brush and shrubs, that constitute a fire, health, or safety hazard, or which may endanger or injure neighboring property, or the health, safety, or well-being of persons or property.
2. Juniper Shrubs, Spanish Broom, and Native Brush shall not be planted or maintained within fifteen (15) feet of any building or structure, including, without limitation, any deck or patio. All owners of any real property in the City of Big Bear Lake shall be required to fully comply with this provision by modifying the offending Native Brush and shrub, which shall be considered a nuisance, from within fifteen (15) feet of any building or structure.
3. All Native Brush and Shrubs shall be installed and maintained in a manner that minimizes fire risk, including, without limitation, by removing dead branches and twigs at all heights, modifying the lower foliage of branches, and selectively pruning to reduce the density of the plant.
4. Native Brush and Shrub shall be installed and maintained with horizontal spacing such that the space between two shrubs (horizontally) shall be a minimum of two times the height of the tallest shrub. Individual shrubs or groups of shrubs clumped together shall be modified so that their diameter does not exceed fifteen (15) feet. Groups of shrubs clumped together with a diameter of fifteen (15) feet or less shall be treated as a single plant.
5. Paragraphs B, C and D of this Section shall not apply to an isolated shrub or shrubs that have been heavily modified by thinning and limbing up, nor to activities within the boundaries of a plant conservation easement area, that do not, in the opinion of the Fire Chief, or his or her designee, constitute a fire hazard. In deciding whether such shrub or shrubs constitute a fire hazard, the Fire Chief, or his or her designee, shall consider (i) the proximity of the shrub(s) to other buildings or structures; (ii) the types of shrub(s) involved; (iii) the potential threat of the shrub(s) to the public health, welfare and safety; and (iv) any other factors that the Fire Chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened. Page 17.10 - 20 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation
6. Cut and/or thinned vegetation shall be disposed of no later than ten (10) days after cutting.
B. Municipal Code Section 8.94.020 (Environmental Exemptions). The modification of brush or shrubs, as described in this Chapter, shall be exempt from the provisions of this Chapter if any or all of the following would occur:
1. The activities would result in the taking of endangered, rare, or threatened plant or animal species. By way of example, and not by way of limitation, the following species of plant are, as of the date of the ordinance adopting this Chapter, not threatened or endangered and are subject to the provisions of this Chapter:
a. The arctostaphylos patula species of manzanita.
b. The cercocarpus ledifolius species of mountain mahogany (brush form) (commonly known in Big Bear Valley as Ironwood).
c. Sage species that occur in the Big Bear Valley.
2. The activities would result in significant erosion and sedimentation of surface waters. The owner of each piece of real property within the City of Big Bear Lake shall, when performing modifications required by this Chapter, keep soil disturbance to a minimum, especially on steep slopes. Erosion control techniques such as leaving root balls intact, minimizing use of motorized equipment and covering exposed disturbed soil areas with mulch or similar materials shall be employed in order to help reduce soil erosion and plant re-growth.
C. Municipal Code Section 8.94.030 (Exceptions to Ordinance).
1. Nurseries, and other similar agricultural and/or horticultural uses shall be exempt from Chapter 8.94, provided the Fire Chief, or his or her designee, shall have the discretion to enforce the provisions of this Chapter with respect to such businesses as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety and/or the health of the forest. In using his or her discretion, the Fire Chief, or his or her designee, shall consider: (i) the health of the brush and/or shrubs involved; (ii) whether the brush and/or shrubs pose a risk to the public health, safety or welfare of the community; (iii) the type of brush and/or shrubs involved: (iv) the owner’s maintenance activities involving the brush and/or shrubs; and (v) any other factors that the Fire Chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.
2. Up to two (2) inches of dead pine needles, leaves and other soils amendments for soil replenishment and forest safety may be permitted when in the opinion of the
Page 17.10 - 21 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation Fire Chief or his/her designee they do not constitute a fire hazard. In deciding whether they present a fire hazard, the Fire Chief or his/her designee shall consider:
a. The proximity of the pine needles and leaves to buildings or structures;
b. The height of the lower branches of shrubbery from the ground (as per Section 8.94.010 C., above);
c. The condition of the shrubbery, (e.g. free from dead and dying limbs and leaves) (as per Section 8.94.010 C., above);
d. The sectioning of the shrubbery (as per Section 8.94.010 D., above); and
e. Any other factors that the Fire Chief or his/her designee deem relevant when considering the public health, safety and welfare.
D. Municipal Code Section 8.94.040 (Certificate of Compliance Required).
Upon the effective date of the Ordinance adopting this Chapter, the owner of the each piece of real property within the City of Big Bear Lake: (i) As a condition precedent to, the issuance of any discretionary permit or any building permit; or (ii) As a condition precedent to, the issuance of an initial private home rental license (other than the continuous renewal thereof) from the City, shall be required to obtain a “Certificate of Compliance” from the Fire Chief, or his or her designee, stating that said property is in compliance with Chapter 8.94 of the City of Big Bear Lake Municipal Code relating to Native Brush and Shrubs.
E. Municipal Code Section 8.94.050 (Precedence Over Other Code Provisions).
The provisions of Chapter 8.94 shall supersede any conflicting provisions in the City of Big Bear Lake Municipal Code or Development Code. However, if there is a provision in the California Fire Code, as adopted by the City of Big Bear Lake, that is more stringent than the provisions in this Chapter, the California Fire Code provision shall apply.
F. Municipal Code Section 8.94.060 (Enforcement – Parcels Over Five Acres). If there is a parcel of land, or contiguous parcels under the same ownership, that comprise over five (5) acres, native brush and/or shrubs within a forty-foot wide (40’) strip of land at the boundaries of the land and around any structure, shall be modified and continued to be modified in accordance with Section 8.94.010. Brush and shrub modification in the remaining land other than the forty-foot wide (40’) perimeter boundary is subject to the discretion of the Fire Chief, or his or her designee, as he or she deems necessary to promote the public health, safety and welfare as it relates to fire safety. In exercising his or her discretion, the Fire Chief, or his or her designee, shall consider, without limitation, the following: (i) the type of brush and/or shrubs growing on the property; (ii) the
Page 17.10 - 22 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation placement of the parcel in relation to other parcels; (iii) the ability of the owner to comply with the Chapter’s provisions; (iv) the location of the parcel, i.e., whether it is in an high fire-risk area; (v) number of past violations and/or attempts (or lack thereof) to cure such violations;; and (vi) any other factors that the Fire Chief, or his or her designee, deem relevant when considering the public health, safety and welfare, including, without limitation, whether such shrub(s) is endangered, rare or threatened.
G. Municipal Code Section 8.94.070 (Notice to Abate – Method of Issuance).
1. It shall be the duty of any individual or public agency as designated in Section 8.94.150 of this Chapter, whenever such individual or agency deems it necessary to enforce the provisions set forth in this Chapter, to issue a “Notice to Abate” as follows:
a. Mail to the owner as shown on the tax rolls. Such mailing shall be U.S. Mail.
b. By personal service to the occupant, manager or controller of such property.
c. In the event service cannot be effectuated by at least one method set forth above, by posting a notice in a clearly visible location on the subject property.
2. An attachment will accompany the “Notice to Abate” that includes information explaining the provisions of Section 8.94.090 and instructions on how to comply with the provisions. The information shall include, but not be limited to, a map of the extent of potential sensitive shrub resource areas, instructions for determining whether sensitive plant surveys are needed, and instructions for conducting sensitive plant surveys. In addition, educational material regarding sensitive shrub/hemi-parasitic herb species and flammable native brush/shrub species, as well as protection for nesting birds will also be included.
H. Municipal Code Section 8.94.080 (Notice to abate – Form).
The form “Notice to Abate” shall be substantially in the following form:
NOTICE TO ABATE Date.______Month Day Year
By virtue of Chapter 8.94 of the City of Big Bear Lake Municipal Code YOU ARE HEREBY NOTIFIED TO ABATE from your property described as ______Lot, Block, etc.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation
or located at ______Number Street taken from the County of San Bernardino Assessor’s Records, which lists the owner as ______Name
Of ______Address Post Office State Zip Code
specific mentioned items: (describe what specific action(s) need to be taken) ______
If said items are not abated within thirty (30) days following the date of this notice; or within such additional time required for compliance with Section 8.94.090, Protection of Sensitive Biological Resources; or if there is good cause for the reasons given below as determined by the Fire Chief, or his or her designee, or other duly designated officer as determined by Section 8.94.150, in his or her discretion, when taking into account the public health, safety and welfare, such officer may order said items abated by public employees, a private contractor, or other authorized person. If abatement is to be undertaken by a public employee or private contractor hired by the City a copy of the Notice to Abate shall be forwarded to the Department of Planning to ensure compliance with Section 8.94.090. The cost of the abatement shall be levied and assessed against the property as a special assessment lien, or billed directly to the owner. The property may be sold after three years by the tax collector for unpaid delinquent assessments.
Additional Time for Abatement Granted for Good Cause: Yes ___ No ___
If Yes, ______( ) days.
Good Cause: ______
Initials of Issuing Officer: ______
Any appeal from this order must be brought within twenty-one (21) days following its receipt, and directed to the undersigned officer, who will set the same for hearing before the Fire Protection District Board and notify you of the date of such hearing. The decision by the Fire Protection District Board shall be final. ______Name and Title of Issuing Officer
Page 17.10 - 24 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation
I. Municipal Code Section 8.94.09 (Protection of Sensitive Biological Resources).
1. Should any owner receive a NOTICE TO ABATE form that mandates the modification of native brush or shrubs other than the following shrub species: juniper, Spanish broom or native brush species: manzanita, service berry, mountain whitethorn, sage, or mountain mahogany and the property falls within the Potential Sensitive Shrub Resource Area (as set forth in the City’s official records, and which may be amended from time to time), a sensitive plant survey will be required for the property prior to any abatement activities. If it unclear whether a particular property falls within the Potential Sensitive Shrub Resource Area or whether or not sensitive plant surveys are required, the owner must contact the City of Big Bear Lake, Planning Department. The City’s Planning Department shall provide requesting owners with a list of qualified surveyors, which list may be updated or revised at the discretion of the City. Ideally, sensitive plant surveys should be conducted between June and August to encompass the blooming periods of those sensitive plants that are the most difficult to detect outside the blooming period; however, the sensitive plant survey can be conducted during other parts of the year (aside from periods when snowfall is covering the ground) if necessary. Upon completion of the survey, the surveyor shall advise the owner as to any known or potential sensitive plants that should be avoided during abatement activities. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the Planning and Fire Departments. The owner shall not conduct any modification without prior written approval of the City. All surveys required by this paragraph shall be conducted within a reasonable time, as determined by the Fire Chief, or designee.
2. If any native brush modification is required for more than 20 shrubs and vegetation modification activities cannot be performed outside the nesting season (typical nesting season is March 15-August 15), a nesting bird survey shall be performed less than one week prior to vegetation modification activities. Should the owner be required to conduct a nesting bird survey, he/she shall contact the City of Big Bear Lake Planning Department for a list of qualified nesting bird surveyors, which list may be updated or revised at the discretion of the City. Upon completion of the survey, the surveyor shall advise the owner as to any shrub(s) containing nesting birds that should not be modified until the completion of the nesting cycle. A form shall be completed at the end of the survey that will provide details as to the results of the survey. The surveyor shall provide a copy of the form to the owner and the Planning and Fire Departments. The owner shall not conduct any modification without prior written approval of the City. All surveys Page 17.10 - 25 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation required by this paragraph shall be conducted within a reasonable time, as determined by the Fire Chief, or designee.
3. Any owner receiving a NOTICE TO ABATE form (for any number of shrubs) will also receive a pamphlet pertaining to providing protection for nesting birds. The pamphlet will describe the Migratory Bird Treaty Act, and suggest that if vegetation modification will occur during the nesting season (March 15-August 15), owners need to check for the presence of active bird nests and avoid modification of any vegetation containing an active bird nest (or vegetation within 25 feet of the active bird nest) until the young have fledged.
J. Municipal Code Section 8.94.100 (Notice to Abate – Appeal).
Any owner may appeal to the Fire Protection District Board within the time for compliance with the order, by an appeal in writing filed with the issuing officer. Timely appeal shall stay any further action until the decision on appeal is rendered. The officer receiving the written appeal shall inform the issuing officer, who shall set the matter for hearing before the Fire Protection District Board and notify the appellant of the date set for such hearing, at least fifteen (15) days prior to such date. It the appellant resides outside the city, the above period of notice shall be at least twenty-one (21) days. The Fire Protection District Board shall act on the appeal, and its decision shall be the final administrative decision.
K. Municipal Code Section 8.94.110 (Appeal Procedure).
1. When an appellant files for an appeal pursuant to Section 8.94.100, he or she shall pay to the City Clerk an appeal fee equal to the current filing fee, which may be set by resolution of the City Council from time to time, as needed.
2. The Fire Protection District Board shall conduct the hearing under such rules of procedure as are appropriate to quasi-judicial proceedings, provided that the appellant and the parties shall be entitled to present relevant evidence, testify under oath, and call witnesses who shall testify under oath and that the parties shall not be bound by the statutory rules of evidence in the hearing, except that hearsay evidence may not be the sole basis for the determination of the Fire Protection District Board. The City shall have the initial burden of proof. In its discretion, the City shall cause a transcript of the hearing to be taken and prepared.
3. In making its determination, the Fire Protection District Board shall consider the evidence presented by the appellant, as well as evidence presented by the Fire Chief, or his or her designee. The Fire Protection District Board shall also consider the following factors, without limitation, in making its decision regarding the appeal:
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation a. The effect that the Fire Chief’s decision will have on the overall public health, safety and welfare of the City of Big Bear Lake and the community;
b. The immediate danger and/or threat to the public if the Fire Chief’s decision is not upheld;
c. The financial hardship to the owner should he or she be required to modify the brush and/or shrubs pursuant to this Chapter;
d. Other adverse effects on the owner should he or she be required to modify the brush and/or shrubs pursuant to this Chapter;
e. The owner’s attempts to comply (or lack of attempts to comply) with the provisions of this Chapter;
f. Any or all of the factors the Fire Chief considered in making his or her determination regarding the modification of the brush and/or shrubs;
g. Any other factors the Fire Protection District Board deems valid in making its determination.
L. Municipal Code Section 8.94.120 (Abatement by City – Procedure).
1. Except for Subsection (B), if, at the end of the time allowed for compliance in the original “Notice to Abate,” or as extended in cases of appeal, compliance has not been accomplished, the officer issuing the notice may order Native Brush, as defined in Section 8.94.150(A)(2), or other shrubs to be abated by (i) public officers or employees of the city, or (ii) a private contractor selected and approved by the City Manager, or his or her designee, in the manner and under the terms specified the City Manager, or his or her designee. Such abatement shall be collected as a special assessment and the real property shall be subject to a special assessment lien. The amount of such lien shall be the actual cost of abatement and disposal of such material, which shall include, without limitation, the actual administrative and staff costs associated with the abatement procedures outlined in this Chapter. The City Council may set by resolution, from time to time, reasonable hourly rates for administrative and other costs incurred by the City implementing this Chapter.
2. If the officer who issued the “Notice to Abate” finds that a substantial amount of Native Brush, as defined in Section 8.94.150(A)(2), or other shrubs have been abated from the land at the end of the compliance period as indicated in the “Notice to Abate,” or as extended in the cases of appeal, the officer shall issue a second “Notice to Abate” in accordance with the provisions of Sections 8.94.070 and 8.94.080 prior to commencing the city-initiated abatement proceedings as described in Subsection (A); provided however that the mailed delivery method
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation specified in Section 8.94.070(A)(1) for such second notice shall be made by a method that provides for a proof of receipt and tracking.
M. Municipal Code Section 8.94.130 (Abatement by City – Cost Recovery).
1. Procedure for Payment. When said abatement has been completed, the Fire Chief, or his or her designee, or officer responsible for the abatement proceedings, shall render to the finance director, or his or her designee, an itemized statement covering work necessary for such abatement. The finance director, or his or her designee, shall pay the same from the general funds of the city, and by mail, the finance director, or his or her designee, shall present to the owner a demand for payment, including interest calculated at the maximum rate permitted by law. Interest will continue to accrue at such rate until the payment is received by the City. If payment is not made on behalf of the owner within sixty (60) days after mailing the bill, the finance director, or his or her designee, shall certify to the county tax collector the unpaid amount, together with the information required by law. The county tax collector shall cause the amount to be entered upon the property from which abatement was accomplished, and the special assessment and tax shall be included upon the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as ordinance municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in the case of delinquency as provided for ordinance municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such assessment.
2. Appeals. Any appeal from these charges must be filed within sixty (60) days from the date of billing from the finance director or receipt of a tax bill which shows abatement charges. The appeal procedure shall be as set forth in Section 8.94.100 and 8.94.110, and the Fire Protection District Board’s decision shall be final. Failure to appeal shall constitute a waiver of any and all claims.
3. Cancellation of Claim. All or any portion of any such special assessment, penalty, or costs entered, shall on order of the Fire Protection District Board be cancelled by the finance director, or his or her designee, if uncollected, or, except in the case provided for in Subsection (C) (5), refunded by the country treasurer if collected, if it or they were entered, charged or paid:
a. More than once;
b. Through clerical error;
c. Through the error or mistake of the Fire Protection District Board or of the officer, board or commission designated by the Fire Protection District Board to give notice or to destroy the brush or shrubs, in respect to any
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation material fact, including where a cost report erroneously shows that the city abated the brush or shrubs;
d. Illegally; or
e. On property acquired after the lien date by the state or by any county, city, school district or other political subdivision, and because of this public ownership, not subject to sale for delinquent taxes.
4. Procedure for Refund of Payment. No order for a refund under this section shall be made except on a claim:
a. Verified by the person who paid the special assessment, or his or her guardian, executor, or administrator, or
b. Filed within three (3) years after making the payment sought to be refunded. The provisions of this Section do not apply to cancellations.
N. Municipal Code Section 8.94.140 (Authorization for Fee for Service).
The City Council may establish by resolution, from time to time, fees for service to recover up to, but no more than, one hundred percent (100%) of the cost of the administering this Chapter, which shall include, without limitation, the actual administrative and staff costs associated with the inspection and the abatement procedures outlined in this Chapter. The fee shall not exceed the estimated reasonable cost of providing the service for which the fee is charged.
O. Municipal Code Section 8.94.150 (Definitions/Administration and Enforcement).
1. For the purposes of this Chapter, these following terms shall be defined as follows:
a. Modify or abate shall mean any action that physically affects a plant, ranging from pruning or thinning to complete removal (other than the removal of the root ball).
b. Native Brush shall be defined as manzanita (arctostaphylos patula), service berry, mountain whitethorn, sage and mountain mahogany (cercocarpus ledifolius) (brush form) (commonly known in Big Bear Valley as Ironwood), as well as such other species as the Fire Chief, or his or her designee, may, from time to time, determine constitutes a fire hazard. In making such a determination, the Fire Chief shall consider, without limitation, the following: (i) the type of native brush and/or shrub species the Fire Chief, or his or her designee, is considering adding to the definition of “Native Brush” and whether such species is threatened or endangered;
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation (ii) the fire, health or safety hazard of such native brush and/or shrub species to the City of Big Bear Lake and the surrounding community; (iii) the ability of the native brush and/or shrub species to damage neighboring property; (iv) the ability of the native brush and/or shrub species to adversely impact the health, safety or welfare of persons and/or property; and (v) any other factors that the Fire Chief, or his or her designee, deem relevant when considering the public health, safety and welfare.
c. Owner shall mean any person, firm, corporation or entity, including without limitation, any homeowner’s association, that has any legal or equitable interest in real property, as shown on public records. In the event real property is leased or rented, the lessee or tenant shall be responsible for all obligations imposed on any owner under this Chapter.
d. Shrubs shall mean a woody plant smaller than a tree, usually having multiple permanent stems branching from or near the ground. Shrubs include, without limitation, Native Brush.
e. Vacant Lot(s) shall mean a parcel(s) of property currently undeveloped or unimproved by any building or structure.
f. Zone 1 shall mean all developed properties (i.e., not a Vacant Lot) and Vacant Lots, south of Highway 18.
g. Zone 2 shall include any property within the City of Big Bear Lake not within Zone 1.
2. Upon the effective date of the ordinance adopting this Chapter, the Fire Chief, or his or her designee, shall immediately begin enforcing the provisions of this Chapter with respect to any and all Vacant Lots, and any and all properties within Zone 1. In determining which properties within such areas to apply this Chapter, the Fire Chief, or his or her designee, shall consider (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire danger of the area; and (v) any other factors that the Fire Chief, or his or her designee, deem relevant when considering the public health, safety and welfare.
3. The Fire Chief, or his or her designee, shall enforce the provisions of this Chapter with respect to any and all properties within Zone 2 as he or she deems necessary for the public health, safety and welfare. In making such a determination, the Fire Chief, or his or her designee, shall consider (i) the proximity of the brush and/or shrubs to other buildings or structures; (ii) the types of brush and/or shrubs involved; (iii) the potential threat of the brush and/or shrubs to the public health, welfare and safety; (iv) the determination of any other public agencies as to the fire
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation danger of the area; and (v) any other factors that the Fire Chief, or his or her designee, deem relevant when considering the public health, safety and welfare.
4. For the purposes of enforcing this Chapter, the City may designate any person as its deputy to perform of the duties provided by this Chapter, including, but not limited to, the inspection of property, the delivery of notices, the conduct of appeal hearings, or the abatement/modification as required by this Chapter, or any combination thereof. Such designee may include, but not be limited to, the Fire Chief, or his or her designee, any officer of any public agency designated by the City, or any combination thereof.
5. Any public official or person designated to administer or enforce the Chapter shall be authorized to enter upon private property in order to conduct an inspection, post notices, perform abatement/modification, or any other action necessary or convenient to the administration and enforcement of this Chapter. In the event a judicial warrant is required, such person or designee shall obtain a warrant pursuant to the California Code of Civil Procedure, sections 1822.50 et seq.
P. Municipal Code Section 8.94.160 (Violation – Penalty).
1. It shall be a misdemeanor for any owner of any real property to fail to perform any duty required by this Chapter, or to fail to comply with the requirements in the “Notice to Abate” set forth in Section 8.94.080, or to interfere with the performance of the duties specified in this Chapter for any of the officers named in this Chapter or their deputies, or to refuse to allow any such officers or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of abating any offending brush and/or shrubs or other material described in this Chapter, or to interfere in any manner whatsoever with the officers in the work of abatement provided in this Chapter.
2. Any person, firm, company or corporation violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon arrest and conviction or plea of guilty or no contest shall be punished by a fine of not more than five hundred dollars ($500) or imprisonment of not more than ninety (90) days, or both such fine and imprisonment.
3. Each such owner shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Chapter is committed, continued, or permitted by such owner and shall be punishable accordingly.
4. In addition to the remedies provided by this Chapter or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this Chapter (including, without limitation, the failure to comply with a Notice to
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation Abate) shall be deemed a public nuisance and may be enjoined or abated by the City by means of a civil action or administrative abatement.”
17.10.080 DEFENSIBLE SPACE DEVELOPMENT STANDARDS FOR NEW SUB- DIVISIONS OF LAND
A. Scope. Each proposed residential Tentative Parcel Map or Tentative Tract Map in which an application is deemed complete by the City Planner within two (2) years after the effective date of this Ordinance (with the exception of one-lot condominium subdivisions) shall comply with all applicable requirements of this Chapter.
B. Residential Density. In order to reduce fire hazards, prevent erosion, and to preserve the existing vegetation and visual quality, the density of development for any Tentative Parcel Map or Tentative Tract Map (with the exception of one-lot subdivisions) in sloping hillside areas shall be in compliance with the following criteria:
1. One to four dwelling units per gross acre on slopes of zero to less than 15 percent (0-<15%);
2. Two dwelling units per gross acre on slopes of 15 to less than 30 percent (15- <30%);
3. One dwelling unit per three gross acres on slopes of greater than 30 to less than 40 percent gradient;
4. One dwelling unit per ten gross acres on slopes of 40 percent or greater gradient;
C. Site and Emergency Access.
1. Emergency Access. Each development project and each development project phase, except for a development project located exclusively on a cul-de-sac, shall have a minimum of two points of vehicular ingress and egress, designed to County road standards, with a minimum width of 26 feet of all-weather surface as defined in the Uniform Fire Code, from existing and surrounding streets. The Department may authorize one point of vehicular access to be an emergency access route with an all-weather surface if the Department first makes each of the following findings:
a. Two points of nonemergency access are physically infeasible;
b. Provisions have been made to reasonably ensure that the emergency access will be maintained; and
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation c. Based on the review and consideration of the Fire Authority’s recommendation, the emergency access route will provide adequate vehicular ingress and egress during emergencies.
2. Private Driveways or Access Roadways. Private driveways or access roadways for residential units shall not exceed 150 feet in length, unless approved by the Fire Authority.
D. Water Supply. Each development project shall provide six-inch or larger circulating (loop) water mains as required by the Uniform Fire Code, proper hydrant location and spacing, and have sufficient water storage capacity to provide the minimum fire flow duration requirements [gallons per minute (GPM) for a minimum number of hours or portions thereof] as specified by the minimum system standards established by the Fire Authority. Circulating (loop) mains are not required for cul-de-sacs and are not required for subdivisions that exclusively take all access from cul-de-sacs. In areas not served by water purveyors, on-site fire flow and water storage requirements shall be as specified by the Uniform Fire Code.
E. Access to Water Supplies. There shall be vehicular access, at least 12 feet in width, to within at least ten feet of each static water source, including ponds, lakes, swimming pools, reservoirs and water storage tanks. Access shall be either to a plumbed outlet with two-and-one-half-inch National Hose Thread Fitting, or directly to the source. This requirement shall be waived if the Fire Authority determines that the water source is sufficiently below the elevation of existing or proposed roads or driveways to make drafting of water from the source through a plumbed outlet infeasible, and that direct vehicular access to the water source would require an impractical extension of a road or driveway.
F. Fuel Modification Areas.
1. A permanent fuel modification area shall be required around a development project or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. In no case shall this area be less than 100 feet in width as measured from the development perimeter. Where feasible, the area shall be designated as common open space rather than private open space. The recommended width of the fuel modification area shall be determined based on a fuel modification plan.
2. When a development project is phased, individual phases may be required to provide temporary fuel modification areas, where the development perimeter of a phase is contiguous to a subsequent phase of a project, which in its undeveloped state is a hazardous fire area. The need for a temporary fuel modification area shall be determined by the responsible Fire Authority and shall be based upon the same considerations described in Subdivision (A), above, for permanent fuel
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation modification areas and the factors addressed in the required fuel modification plan.
G. National Forest Boundary. Each structure on a lot that was created on or after the effective date of this ordinance that abuts a boundary of the San Bernardino National Forest shall be set back at least 100 feet from the boundary.
H. Sloping Site Setbacks and Fuel Modification. Each structure proposed in an area with slopes exceeding 30 percent and 30 feet in height shall comply with the following requirements:
1. Where a structure is proposed on or within 200 feet of a slope that is greater than 30 percent before grading and where the slope is at least 30 feet in height, the vegetation on the slopes shall be treated in a manner so that it becomes a fuel modified area. The fuel-modified area shall be maintained for either the entire slope, or 100 feet, or to the property line, whichever distance is less for existing parcels or the distance prescribed by a fuel modification plan for new development.
2. Where grading is utilized that does not conform to the natural slope and the graded area is adjacent to natural ungraded slopes that are greater than 30 percent in gradient and greater than 30 feet in height, each structure shall be set back at least 30 feet from the edges of the graded area adjacent to the natural ungraded slopes.
I. Street Name Signs. All public or private streets within or bordering a development project shall have noncombustible and reflective street name signs designed to City standards and visible at all street intersections.
J. Fire Hydrant Identification. Each fire hydrant shall be identified by a method specified by the Fire Authority.
K. Erosion and Sediment Control. Each development project, building permit, grading and any other significant land disturbing activity shall include the installation of erosion control measures in compliance with this Development Code and the requirements of the National Pollution Discharge Elimination System (NPDES).
L. Building Separation Standards for New Subdivisions. To reduce the exposure and risk from adjacent structural fires and to reduce the potential spread of fire from structure to structure each building on a parcel shall have exterior wall separations of at least thirty (30) feet including those on adjoining parcels except as modified by Subdivision (1) below. Eaves shall be permitted to project into the required setback no more than two feet. No other projections shall be allowed less than five feet to side or rear property lines.
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation 1. When the exterior walls of accessory buildings not exempt from the California Building Codes or portions thereof are proposed within 15 feet of interior side lot line, or the exterior wall separation from another structure is less than 30 feet, the outside of each exterior wall or portion thereof shall be constructed with exterior wall coverings that are constructed of noncombustible materials or provide the one-hour fire-resistance-rated construction on the exterior side. Modified one- hour construction shall be approved by the Building Official. In no case shall exterior wall separations be less than ten feet for all buildings,
M. Perimeter Access to Fuel Modified and Fire Hazard Areas Adjacent to the National Forest. Fire fighting vehicles shall have adequate access into fuel modified areas of the development perimeter that are adjacent to the National Forest, so that a wildland fire can be contained at the development perimeter and prevented from spreading to structures. Each development project shall provide adequate vehicular access for fire fighting vehicles to the development perimeter of the project along the portion of the development perimeter that is adjacent to either an existing or proposed fuel modified area, a fire hazard area or the National Forest. Provisions shall be made and shall be required, where necessary, through conditions of approval for the development project for the continual maintenance of the areas intended to provide the access. Perimeter access shall be provided, through either of the following measures or through alternate measures as approved by the Building Official.
1. The provision of an existing or proposed road along the development perimeter, or portion thereof that is exposed to a fire hazard or fuel modified area, and which is accessible to fire fighting equipment. The road shall be capable of supporting fire-fighting equipment, shall be at least 20 feet in width, and shall not exceed a grade of 14 percent. The conditions of approval for the development project shall require provisions to ensure that the roadway will be maintained, if it is not within the publicly maintained road system.
2. Development projects shall provide access ways, at least 12 feet in width, with a grade not to exceed 14 percent, and capable of supporting fire fighting vehicles, between the development perimeter and proposed or existing streets. Access ways shall be spaced at intervals of no more than an average of 350 feet along each street. The conditions of approval for the development project shall require specific provisions to ensure that access ways will remain unobstructed and will be maintained. Where feasible, access ways may not be paved and shall be designed so as not to detract from the visual quality of the project.
N. Length of Cul-De-Sacs. Cul-de-sacs shall not exceed 350 feet in length and have turn around or hammerhead per the California Fire Code Part. 9, Appendix Chapter D.
1. Limitation of the total number of dwelling units with access to the cul-de-sac shall be limited to no more than 15, and restriction of further subdivision of parcels and construction of additional independent residential units which have access to the
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation cul-de-sac. These restrictions shall be imposed through conditions of approval of the development project.
2. The cul-de-sac road will have a paved width of at least 40 feet with posted no parking for its entire length, and there is at least one area approximately at the midpoint of the cul-de-sac that serves the same function of a cul-de-sac bulb in allowing fire fighting vehicles adequate room to turn around. This measure may only be utilized if the expansion of the road width will not contribute to slope stability hazards either on-site or off-site.
17.10.085 APPEALS
Any person, firm, or corporation may appeal any decision made pursuant to this ordinance to the Planning Commission, or if the Planning Commission served as the reviewing authority, to the City Council. Procedures for appeals shall be as described in Section 17.03.110 of the Development Code.
17.10.090 VIOLATIONS
A. Except as herein provided, any person, firm, or corporation convicted of violating any provision of this ordinance, including but not limited to removal of trees without requisite permits, shall be guilty of a misdemeanor. The City Attorney shall have the authority to prosecute any violation of this ordinance, which is otherwise a misdemeanor, as an infraction, in the interests of justice. In such cases, the City Attorney shall specify in the accusatory pleadings that the offense has been filed as an infraction. Each clearing and/or each unauthorized removal, destruction, or failure to replace a tree shall constitute a separate offense. In addition, the following remedies may be imposed:
1. Upon conviction of a violation of this ordinance, all land use applications, building permits, occupancy, and/or development permits for the subject property upon which a violation of this ordinance took place may be suspended until appropriate mitigation measures specified by the City are completed to the City's satisfaction.
2. The violator may be required to retain and/or pay costs for a California Registered Professional Forester or an arborist certified by the Western Chapter of the International Society of Arboriculture to develop and implement a tree replacement and/or repair program as appropriate.
3. In addition to the remedies set forth for criminal violations set forth in Paragraph 5 of this Section, the City, at its discretion, may file legal action for damage or destruction to any tree, for tree removal prior to approval of a development project, and for those trees removed in violation of approved plans. A dollar value for tree damage or loss shall be assessed by using a Basic Value Method or
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation Replacement Cost Method as devised by the Council of Tree and Landscape Appraisers.
4. Notwithstanding anything to the contrary contained in this section, the negligent clearing of trees shall be punishable as an infraction.
5. Any person found in violation of the provisions of this ordinance may be subject to the following:
a. Any person, firm or corporation convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the County jail for a period not exceeding six (6) months, or by both such fine and imprisonment.
b. Any person, firm or corporation convicted of an infraction under the provisions of this Ordinance shall be punished by:
(i) A fine of One Hundred Dollars ($100.00) for a first violation;
(ii) A fine of Two Hundred Dollars ($200.00) for a second violation of the same provision within one (1) year from the date of the action constituting the previous violation; and
(iii) A fine of Five Hundred Dollars ($500.00) for each additional violation of the same provision within one (1) year from the date of the action constituting the previous violation.
c. Each such person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this Ordinance is committed, continued, or permitted by such person, firm or corporation and shall be punishable accordingly.
d. In addition to the remedies provided by this Ordinance or elsewhere by law, any condition caused or permitted to exist in violation of any of the provisions of this Ordinance shall be deemed a public nuisance and may be enjoined or abated by the City by means of a civil action or administrative abatement pursuant to Chapter 8.80 of this Code, and each day such condition continues shall be regarded as a new and separate offense.
e. Any person, firm or corporation who violates any provision or fails to comply with any requirement or provision of this Ordinance shall be liable for a civil penalty not to exceed One Thousand Dollars ($1,000.00) for
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation each violation. Each day of such conduct is a separate and distinct violation. In determining the amount of the civil penalty, the court shall consider all relevant circumstances, including, but not limited to, the extent of the harm caused by the conduct constituting a violation, the nature and persistence of such conduct the length of time over which the conduct occurred, the assets, liabilities and net worth of the person, whether corporate or individual, and any corrective action taken by the defendant. The civil penalty prescribed by this subsection shall be assessed and recovered and a civil action brought by the City Attorney in any court of competent jurisdiction. The civil penalty prescribed by this section may be sought in addition to injunctive relief, specific performance or any other remedy; provided, however, that a civil penalty shall not be sought for any violation for which a criminal prosecution has been commenced.
f. In any civil, criminal or administrative action or proceeding commenced by the City to abate a nuisance, to enjoin a violation of any provision of this Ordinance, or to collect a civil penalty imposed either by this Ordinance, the City shall, if it is the prevailing party, be entitled to recover from the defendant in any such action reasonable attorneys' fees and costs of suit.
B. Nothing herein shall prevent the City from taking other such lawful action as is necessary to prevent or remedy any violation(s).
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Big Bear Lake Development Code Chapter 17.10 – Tree Conservation
EXHIBIT 1 TREES of BIG BEAR VALLEY GENUS/SPECIES SIZE EXPOSURE FORM/COLOR Natives Trees Conifers Incense Cedar Calocedrus decurrens 40-100' sun-shade symmetrical White Fir Abies concolor 50-100' sun-shade symmetrical Jeffrey Pine Pinus jeffreyi 50-120' sun partial symmetrical shade Ponderosa Pine Pinus ponderosa 50-120' sun partial symmetrical shade Vanderwolf (Limber) Pine Pinus flexilis vanderwolf 20-40' sun pyramidal Deciduous California Black Oak Quercus kelloggii 40-80' sun partial round crown shade Quaking Aspen Populus tremuloides 20-50' sun slim upright Redtwig Dogwood Cornus stolonifera 10-15’ sun-shade multistem Non-Native Ornamentals Conifers Colorado Blue Spruce Picea pungens glauca 40-60' sun broad pyramid Giant Sequoia Sequoiadendron giganteum 40-60' sun dense pyramidal Austrian Pine Pinus nigra 40-60' sun stout pyramid Scotch Pine Pinus sylvestris 70-100' sun stout pyramid Blue Atlas Cedar Cedrus atlantica glauca 40-60' sun open pyramidal Deodar Cedar Cedrus deodara 25-50' sun open pyramidal Deciduous Autumn Blaze Maple Acer freemanii 40-50' sun broadly oval, red fall Flame Maple Acer ginnala 15-20' sun round multistem, red fall Rocky Mtn. Maple Acer grandidentatum 15-25 sun oval, slow growing yellow to red Columnar Norway Maple Acer platanoides 15-35' sun narrow upright yellow fall Crimson King Maple Acer platanoides crimson king 35-40 sun oval deep purple Emerald Queen Maple Acer plantanoides emerald 40-50' sun oval, yellow fall queen Armstrong Maple Acer rubrum armstrong 15-45' sun narrow, orange to red Bowhall Maple Acer rubrum bowhall 15-45' sun upright, orange to red Brandywine Maple Acer rubrum brandywine 35-40' sun oval, deep red fall October Glory Maple Acer rubrum october glory 35-40' sun oval, deep red to reddish purple fall Sun Valley Maple Acer rubrum sun valley 35-40' sun oval, bright red fall
European White Birch Betula pendula 20-40” sun Upright branching, yellow fall Eastern Redbud Cercis canadensis 25-30' sun spring flowers, yellow fall Washingtron Hawthorne Crataegus phaenopyrum 20-25' sun spring flowers, orange-red fall
Page 17.10 - 39 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.10 – Tree Conservation EXHIBIT 1 TREES of BIG BEAR VALLEY GENUS/SPECIES SIZE EXPOSURE FORM/COLOR Ginkgo Ginkgo biloba 35-50' sun interesting leaves, gold fall Honeylocust Gleditsia triacanthos 35-45' sun vase shape yellow fall Goldenchain Laburnum watereri 20-25' sun yellow hanging flowers Crabapple` Malus species 10-25' sun varied spring colors Flowering Plum Prunus cerasifera 15-20' sun spring flowers dark purple foliage Canada Red Chokecherry Prunus virginiana 20-25' sun rounded, red to reddish purple fall Scarlet Oak Quercus coccinea 40-50' sun spreading open, red fall Red Oak Quercus rubra 45-50' sun rounded, red fall Purple Robe Locust Robinia pseudoacacia 30-50' sun arching branches, yellow fall European mtn. Ash Sorbus acucuparia 25-35' sun upright oval, orange fall Swedish Aspen Populus tremula erecta 10-40' sun narrow, yellow to orange fall
Page 17.10 - 40 Ordinance 2002-325, Adopted 8/12/02 Ordinance 2014-432, Adopted 6/23/14
Big Bear Lake Development Code Chapter 17.11 – Water Conservation CHAPTER 17.11 WATER CONSERVATION
17.11.010 PURPOSE
The purpose of this chapter is to provide water conservation measures in order to minimize the effect(s) of a water shortage on the citizens of, visitors to, and the economic well-being of the city and, by means of this chapter, to adopt provisions that will significantly reduce the wasteful and inefficient consumption of water over an extended period of time, thereby extending the available water resources required for the domestic, sanitation and fire protection needs of the citizens of, and visitors to, the city, while reducing the hardship of the city and the general public to the greatest extent possible.
17.11.020 POLICY, OBJECTIVES AND GOALS
It is declared that, because of the conditions prevailing in the city of Big Bear Lake and areas elsewhere from which the city of Big Bear Lake obtains its water supplies, the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable and that the wasteful, inefficient or unreasonable use or method of use of our limited and finite water resources be prevented. As such, the conservation of such waters is to be exercised with a view to the reasonable and beneficial and efficient use thereof, in the interests of the people of the city and for the public welfare. Therefore, the city of Big Bear Lake declares and establishes the following goals, objectives and policies pertaining to the conservation and use of water:
A. Goals.
1. The conservation of water;
2. The efficient use and distribution of available water supplies;
3. Adequate and sufficient potable water supply and availability for the greatest public benefit, with particular regard to human consumption, sanitation and fire protection.
B. Objectives.
1. To conserve available water supplies;
2. To achieve an overall water use reduction;
3. To reduce the volume of wasted water;
4. To reduce the demand for water and thus to slow down the need for new capital facilities;
Page 17.11 - 1 Ordinance 87-151 and 89-178 Adopted 11/10/87 and 8/9/89 Big Bear Lake Development Code Chapter 17.11 – Water Conservation 5. To continuously increase consumer awareness about the need for, and benefits of, water conservation;
6. To reduce or eliminate wasteful and inefficient uses of water;
7. To assure an adequate supply of potable water sufficient to meet the essential private and public needs of the city's growing population and economy;
8. To minimize leakage of water from the distribution system;
9. To assure that all new developments and that existing developments which are resold, remodeled or added to are equipped with water-conserving devices, fixtures and appliances;
10. To increase the use of native or water-conserving plant species for landscaping purposes;
11. To assure that development occurring on identified groundwater recharge areas maintains or enhances the site's natural water recharge characteristics and attributes.
C. Policies.
1. All new structures shall be (re)equipped with low-flush toilets, as per Section 17921.3 of the California Health and Safety Code, and with low-flow showers and faucets, as per Title 24, Part 6, Article 1, T20-1406F of the California Administrative Code, in addition to the insulating of all hot water lines, according to California Energy Commission regulations;
2. Prior to project approval, guarantee of an adequate supply of potable water sufficient to meet essential private and domestic, sanitation and fire protection needs for the entire city of Big Bear Lake shall be provided by the local water purveyor or appropriate state agency;
3. The use of native or water conserving plant species for landscaping purposes is suggested;
4. The use of lawns shall be minimized in commercial, hotel, condominium and large-scale housing and shall be subject to planning commission review and conditioning of projects;
5. Leakage of water from storage reservoirs and the distribution system shall be significantly reduced or eliminated;
Ordinance 87-151 and 89-178 Page 17.11 - 2 Adopted 11/10/87 and 8/9/89 Big Bear Lake Development Code Chapter 17.11 – Water Conservation 6. Cooperate with local water purveyors, appropriate state and other responsible agencies in facilitating a continuous program to increase consumer awareness about the need for and benefits of water conservation;
7. Increase the efficiency of existing, and facilitate the construction of new, water storage reservoirs;
8. Require new developments to pay a fair share contribution toward the construction of new water storage reservoirs identified as being needed;
9. Encourage large water users to implement water recycling and reuse processes;
10. Make water conservation as reliable a method in reducing water demands as water supply projects are in meeting such demands;
11. Encourage large water users to submit a water conservation plan to the office of the general manager of the department of water and power and promote implementation of same;
12. All city departments shall submit to the office of the general manager of the department of water and power a quarterly public report on their water conservation efforts;
13. Water demand, use and mitigation shall be addresses in every environmental impact report.
17.11.030 APPLICABILITY
A. The provisions of this chapter shall apply to all customers and property served by the department of water and power and shall also apply to all property and facilities owned, maintained, operated or otherwise under the jurisdiction of the various departments or agencies of the city of Big Bear Lake and the department of water and power.
B. The prohibited uses of water provided for by this chapter are not applicable to that use of water necessary for public health and safety or for essential government services such as police, fire and similar emergency services.
C. Nothing contained in this chapter shall be construed to require the curtailment of the supply of water to any person or property affected by this chapter.
17.11.040 PROHBITED ACTS
These prohibited uses of water are applicable to all corporations, public and private, persons and property affected by this chapter. The following uses of water are hereafter considered nonessential to the public health, safety and welfare and, if allowed, would constitute wastage of
Page 17.11 - 3 Ordinance 87-151 and 89-178 Adopted 11/10/87 and 8/9/89 Big Bear Lake Development Code Chapter 17.11 – Water Conservation water and are prohibited, pursuant to Water Code Section 350 et seq., Water Code Section 71640 et seq., and the common law:
A. There shall be no hose washing of sidewalks, walkways, driveways, parking areas, patios, porches or verandas, except that flammable or other similar dangerous substances may be washed from said areas by direct hose flushing for the benefit of public health and safety.
B. No water shall be used to clean, fill, operate or maintain levels in decorative fountains unless such water is part of a recycling system.
C. No person shall permit water to leak from any facility on his/her premises, including water lines for transmission of water, privately or commercially. Said leak shall be repaired in a timely manner.
D. Commencing April 1st and terminating August 31st, no person shall sprinkle, water or irrigate any shrubbery, trees, lawns, grass, groundcover, plants, vines, gardens, vegetables, flowers, or any other landscaped or vegetated areas between the hours of nine a.m. and six p.m. In any event, such watering shall not be in excess of needs nor be of a manner which allows water to flow onto streets. Between September 1st and March 31st of each year, the hours herein are nine a.m. to four p.m.
E. Noncommercial washing of privately owned vehicles, trailers, buses or boats, except from a bucket and except that a hose equipped with a shutoff nozzle may be used for a quick rinse, and only then when such vehicles, trailers, buses or boats are positioned over a surface which will allow water to be returned to the ground.
F. Any use of water from a fire hydrant, except for fire protection purposes.
G. Use of water for any purpose, except as provided herein, which results in flooding or runoff in gutters, driveways or streets.
17.11.050 ADMINISTRATION – DECLARATION OF EMERGENCY
A. The general manager of the department of water and power or his designee shall be charged with administration of water conservation measures, subject to review by the city council. The general manager of the department of water and power is empowered to declare the existence of a water emergency and to implement the measures contained in this chapter including, but not limited to, a total ban upon water use and consumption for nonessential purposes. A “nonessential use” shall include the filling, cycling, filtering, or refilling of swimming pools, spas, jacuzzis and like devices, and the watering of any lawn or landscaping. Such declaration shall be made only after approval by a quorum of the board of directors of the department and if a quorum is not available, by approval by a quorum of the city council.
B. Such declaration of emergency shall be noticed in writing to print and broadcast media within fifteen minutes of its declaration and by telephone communication to the city
Ordinance 87-151 and 89-178 Page 17.11 - 4 Adopted 11/10/87 and 8/9/89 Big Bear Lake Development Code Chapter 17.11 – Water Conservation council, fire, sheriff and board of commissioners of the department of water and power prior to its announcement. The city council shall convene an emergency meeting to review the declaration and underlying conditions as soon as a quorum of the council may be gathered.
C. The authority approved by this section shall be in addition to those granted under Chapter 2.24 of the Municipal Code and shall not be considered as a limitation by, or limitation to, the language of that chapter.
D. A private or public corporation, acting as a commercial water purveyor, shall weekly submit a report to the general manager of the department of water and power, with a list of known or reported leaks in transmission lines. Such list shall include the date of discovery or reporting of such leak, the volume of water being lost from such leak and the date upon which repair crews are assigned to complete repairs. All leaks so reported shall be repaired within ten working days of discovery or reporting, unless the owner of such transmission line shall be regulated by some other provision of law.
17.11.060 APPEALS
A. Any person who is dissatisfied with the application of any of the provisions of this chapter, as the same relates to him or her, may seek relief as set forth in this section.
B. The board of commissioners of the department of water and power shall have the power, upon the filing by a person of a letter for relief as provided in this chapter, to take such steps as deemed reasonable and necessary to resolve said request for relief.
C. In determining whether relief shall be granted, the board of commissioners of the department of water and power shall take into consideration all relevant factors including, but not limited to:
1. Whether reduction in water consumption will result in unemployment;
2. Increased number of employees in commercial, industrial, and governmental offices;
3. Increased production requiring increased process water;
4. Water uses during new construction;
5. Adjustments to water use caused by emergency health or safety hazards;
6. Water use necessary for reasons related to family illness or health.
D. No relief shall be granted to any person for any reason in the absence of showing by said person that he or she has achieved the maximum practical reduction in water consumption in his or her residential, commercial, industrial or governmental water
Page 17.11 - 5 Ordinance 87-151 and 89-178 Adopted 11/10/87 and 8/9/89 Big Bear Lake Development Code Chapter 17.11 – Water Conservation consumption, as the case may be, other than in the specific area in which relief is being sought.
E. No relief shall be granted to any person who fails to provide information to substantiate the basis for which relief is being sought.
F. In the event such person shall file a notice of appeal of an adverse ruling within fifteen days of the date of such notice of ruling on forms prepared by the department of water and power, the city council, at a noticed public hearing, shall hear and determine the issues of appeal, such hearing being limited to the findings of the department of water and power on each of the factors defined in subsection C of this section.
17.11.070 ENFORCEMENT AUTHORITY
The city code enforcement officer and employees of the department of water and power designated by the general manager shall enforce the provisions of this chapter.
17.11.080 VIOLATION – PENALTY
Violation(s) of any provision(s) of this chapter shall be subject to the following fines and penalties:
Violation Classification Penalty First Infraction $50.00 Second Infraction $100.00 Third Infraction $250.00 Subsequent, within a six-month Misdemeanor 90 days in County Jail, or fine of $500.00, period or both
Ordinance 87-151 and 89-178 Page 17.11 - 6 Adopted 11/10/87 and 8/9/89 Big Bear Lake Development Code Chapter 17.12 – Signs
CHAPTER 17.12 – SIGNS Section Title Page 17.12.010 Intent and Purpose 1 17.12.020 Definitions 2 17.12.030 Sign Permit Requirements and Procedures 17 17.12.040 Sign Program Requirements and Procedures 19 17.12.050 Exemptions From Sign Permit Requirements 21 17.12.060 Prohibited Signs 27 17.12.070 General Provisions 29 17.12.080 Design Standards for Signs 30 17.12.090 Signs for Residential Uses 34 17.12.100 Signs for Institutional Uses 36 17.12.110 Signs for Commercial Retail, Office, and Industrial Uses 38 A. Freestanding Single Tenant Buildings 38 B. Freestanding Buildings with Multiple Tenants 42 C. Shopping Centers and Building Complexes 46 D. Miscellaneous Commercial Uses 54 17.12.120 Static Electronic Changeable Copy Signs 58 17.12.130 Village Sign Regulations 59 17.12.140 Business Directional Signs 61 17.12.150 Temporary Signs 62 17.12.160 Variance Procedures 64 17.12.170 Nonconforming Signs 65 17.12.180 Enforcement 65 17.12.190 Abatement of Illegal and Unsafe Signs 66
Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
CHAPTER 17.12 SIGNS
17.12.010 INTENT AND PURPOSE
The intent of this Chapter is to implement Policy CD 7.4 of the City of Big Bear Lake General Plan Community Design Element to ensure that signs enhance, rather than detract from, the natural environment and distinctive mountain architecture, while reducing inconvenience to local businesses. In addition to the objectives expressed in the General Plan, this Chapter is intended to achieve the following objectives:
A. To promote and protect the public health, safety and welfare by regulating the design, quality of materials, and construction, illumination, location, number, and maintenance of all signs and sign structures;
B. To ensure that signs help to index the environment by directing people to their destination in a clear and understandable manner which helps and does not distract motorists;
C. To help create a sense of place for Big Bear Lake, in keeping with the natural mountain environment, by ensuring that signs are compatible with and enhance the quality of their surroundings;
D. To allow free expression and individuality by business owners, in keeping with the City's design policies, and protect the right to free speech afforded by the United States Constitution;
E. To ensure that signs are visible, legible, readable in the circumstances in which they are seen, orderly, free of hazards, in good repair, and conserving of energy;
F. To protect the City from the blighting influence of excessive, poorly designed or unmaintained signs, so as to preserve and enhance the economic base of the City and safeguard property values;
G. To assure that signs are appropriate to the type of activity to which they pertain;
H. To establish a process for the identification and abatement of illegal, abandoned, and improperly maintained signs; and
I. To establish sign regulations that encourage compliance and that can be economically enforced.
Page 17.12 - 1 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs
17.12.020 DEFINITIONS
As used in this Chapter, the following terms and phrases, provided in alphabetical order, shall have the following meanings:
Abandoned Sign A sign is abandoned when, for a period of 180 days or more, there is no sign copy appearing on the sign, or where the establishment with which the sign is associated has ceased operation. Any sign which is a conforming sign not in use, but which could be re-used in conjunction with the ownership or operation of a new business on a property, shall not fall under the definition of abandoned. This definition excludes signs for seasonal uses, which are operated intermittently throughout the year, where business has not ceased operation on a permanent basis.
A-frame Sign See Portable Freestanding Sign.
Alteration Any change of size, shape, illumination, position, location, construction or supporting structure of an existing sign.
Animated Sign A sign with action or motion, rotating, flashing or color changes, excepting therefrom wind-actuated elements such as flags, banners, streamers, whirligigs or other similar nature-activated devices.
Architectural Sign A sign carved into stone, wood, stucco, or concrete; made of bronze or other permanent materials, and made an integral part of the structure as a cornerstone or centerpiece. Such signs typically provide building identification and/or establishment date.
Awning An architectural feature that projects from, and is totally supported by, the exterior wall of a building, is usually positioned above a window or a door, and is Figure 1: Architectural Sign example temporary in that whether stationary or retractable, it can be removed from the building without altering the building structure. Compare to Canopy.
Awning Sign A sign displayed, written, silkscreened, or attached on an awning. Compare to Canopy Sign.
Balloon, Inflatable Sign, or Inflatable Attention- Figure 2: Awning and Awning Sign examples Getting Device Any air or gas filled device located, attached, or tethered to the ground, site, merchandise, building, or roof and used for the purposes of signage, advertising or attention-getting.
Page 17.12 - 2 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
Banner Any sign of durable cloth, plastic, or similar non-rigid material that is attached to a building or other structure erected for another purpose, including any such sign that is vertically attached to a pole, commonly known as a feather banner. Flags, as defined in this Section, shall not be considered banners.
Beacon Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
Billboard Any off-premise Outdoor Advertising Sign Structure that advertises products, services or activities not conducted or performed on the same site upon which the Outdoor Advertising Sign Structure is located. This definition does not include Business Directional Signs.
Building Face That portion of any exterior elevation of a building extending vertically from grade to top of a parapet wall or eaves, and horizontally across the entire width of the building elevation, excluding corners, bay windows, balconies, or other architectural features which extend beyond the general outermost surface of the exterior wall.
Building Complex See Shopping Center.
Bus Shelter Sign See Transit-Related Temporary Signs.
Business Directional Sign A sign on property located along a primary or secondary arterial, which directs attention to a business, function, or establishment, at a location other than the property on which that business functions, or on which that establishment is located. This definition does not include Billboards (Outdoor Advertising Sign Structure).
Cabinet Sign A sign consisting of one or more translucent panels containing sign copy, which are interchangeable and which are affixed to an internally illuminated box or cabinet mounted on a building or monument structure.
Canopy A multi-sided roofed structure constructed of rigid materials that is cantilevered by a building on one side and columns, pillars, or other support features on another side, for the purpose of providing shade, shelter, or a covered walkway. Compare to Awning.
Canopy Sign Any sign hanging from the underside or printed or constructed upon a canopy or attached to the underside of a projecting canopy protruding over Figure 3: Canopy and Canopy Sign examples public or private sidewalks or right-of-way. Compare to Awning Sign.
Page 17.12 - 3 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs
Canopy, temporary A portable or collapsible freestanding roofed structure fully supported at all four corners by columns, pillars, or other support features, with sides which may be enclosed or open, and which is typically used to provide shade or shelter during special events or similar temporary functions.
Change of Copy The changing of a commercial or non-commercial message on a lawfully erected sign. A change of copy does not include the following (all Figure 4: Temporary Canopy example of which acts shall be considered as the placing of a new sign): any alteration or reconfiguration of the outside dimensions of a sign, any structural modifications of a sign and/or relocation of all or any portion of a sign.
Changeable Copy Sign A fixed sign face or surface on which message copy can be changed. Changeable copy signs including the following types:
Manual Changeable Copy, where the informational content, including numbers, letters, or pictorial graphics, can be changed or altered by manual means.
Electronic Changeable Copy, where the informational content, including numbers, letters, or pictorial graphics, may be altered by electrically illuminated (including LED), mechanically driven, or computerized or digital changeable segments. Also known as Electronic Sign or Digital Sign, this type of copy or display can be distinguished as the following: Figure 5: Manual and Static Static Electronic Copy, where the informational Electronic Copy examples content is displayed as fixed copy which may be divided into multiple segments, but the copy remains motion- less and does not roll, stream, dissolve, or change in brightness or intensity.
Dynamic Electronic Copy, where the informational content is displayed as full-motion copy that rolls, streams, dissolves, or changes in brightness or intensity, similar to a video. Compare to Animated and Flashing Sign. Figure 6: Dynamic Electronic Copy example Time and Temperature Sign Signs displaying the time or the temperature or both. Page 17.12 - 4 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
Channel Letter Sign A sign consisting of individual cut letters generally mounted directly onto a wall surface of a building.
City Planner The City Planner of the City of Figure 7: Channel Letter Sign example Big Bear Lake, or his/her designee.
Commercial Signage Any sign with wording, logo, or other representation that directly or indirectly names, advertises, or calls attention to a business, product, service, or other commercial activity. Compare to Non-commercial Signage.
Commercial Speech Any message, the prevailing thrust of which is to propose a commercial transaction. Compare to Non-commercial Speech.
Construct When used with reference to a sign, means to install, erect, or place on the ground or on a building structure, or to affix, paint or post on or to a building or structure.
Construction Site Sign A temporary sign, located on an active construction site or a site on which a development project is proposed by land use permit or building permit. These typically identify the names, addresses and telephone numbers of parties directly involved in the business occupancy, construction, design, or financing of pending or in-progress physical improvements to the premises.
Copy See Sign Copy.
Decorative Banner or Flag A festive graphic display that is made of durable cloth, plastic or similar non-rigid material, and that either displays no message or displays only a predominantly pictorial message that does not directly identify or advertise a business on the premises.
Development Project For the purpose of this Chapter, a development project is a use, building, or group of uses and buildings developed as a unit, typically having common access drives and parking, a uniform design concept, and typically owned and/or operated by a single entity, which may include a property owners association. Typical examples would include a shopping center, multi-tenant commercial or office building, industrial park, single-tenant commercial or industrial building, mobile home park, apartment complex, or single-family subdivision being developed as an identifiable project.
Digital Sign See Changeable Copy Sign.
Directional Sign A sign that identifies to motorists or pedestrians an entry or exit point to or from an adjacent public right-of-way, or to or from various points of passage on or within private property.
Page 17.12 - 5 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs
Directory Sign A sign or set of similarly designed individual signs placed or displayed in sequence, located at a multi-tenant building or within a small or large shopping center, to list all or part of the businesses within a building or shopping center.
Display Box A wall mounted sign faced with glass or similar material located at entertainment and food venues, and typically displaying food menus, current entertainment, or other like features.
Double-Faced Sign A sign with copy on two parallel faces, legible from opposite directions.
Drive-through Menu Board A single-sided sign located in the drive-through area of a fast-food restaurant, typically containing an attached or detached speaker and/or verification screen for Figure 8: Display Box example communicating orders.
Dynamic Sign See Changeable Copy Sign.
Electronic Sign See Changeable Copy Sign.
Enforcement Officer Any City Official or agent designated by the City Manager as having authority to enforce the provisions of this Chapter.
Fair Market Value The amount to be determined pursuant to Business and Professions Code Section 5412.
False Mansard A sloped wall segment that is above or projects down and away from a vertical wall of a building, and that is not a building roof, as defined by the California Building Code.
Flag A device, generally made of durable cloth, plastic or similar non-rigid material, which may be hung vertically or horizontally from a flag pole that is ground-mounted or building-mounted, and usually used as a symbol of a government, school, religion, nationally or internationally Figure 9: False Mansard example recognized organizations, or corporations; and not containing commercial speech.
Flashing Sign Any sign which contains, or is illuminated by, lights which change in intensity or colors, or which create the illusion of flashing in any manner.
Fluorescent A color characterized by a high degree of brightness and reflectivity, also commonly referred to as “day-glow” color.
Page 17.12 - 6 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
Freestanding Sign Any sign supported by structures or supports that are placed on, or anchored in, the ground which are independent from any building or other structure. See also Height of Freestanding Sign, Portable Freestanding Sign. This definition includes the following signs (Pole Sign and Monument Sign):
Pole Sign A freestanding sign wholly supported by one or more poles and otherwise separated from the ground by air.
Monument Sign A low profile freestanding sign where the width of the sign is at a minimum two times the height, which is Figure 10: Pole Sign example supported by a base that extends the entire length of the sign area and is designed as an integral part of the design.
Frontage, Building The exterior building wall of a structure on the side or sides of the structure fronting and oriented toward a public street or highway, excluding eaves or roof overhangs. Building frontage shall be measured continuously along said building wall for the entire length of the business establishment. Compare to Figure 11: Monument Sign example Frontage, Primary; Frontage, Secondary; and Frontage, Street or Highway definitions.
Frontage, Primary That side of the building containing the main entrance to the building.
Frontage, Secondary Any frontage, other than primary frontage, that has a public entrance to the subject building.
Frontage, Street or Highway Any portion of a lot or parcel of land which abuts a public street or highway. Street or highway frontage shall be measured along the common lot line separating said lot or parcel of land from the public street or highway.
Gasoline Price Sign On-premise signs located at fuel stations, which typically identify the brand or type and price of gasoline sold.
Glare The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility. Compare to Illumination Intensity.
Governmental Sign A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. Such signs typically include traffic or similar regulatory devices, traffic or similar regulatory devices, safety signs, legal devices, or warnings at railroad crossings; official traffic, fire and police related signs, temporary traffic-control signs used during construction, utility facilities and substructure location and identification signs and markers required by the City of Big Bear Lake,
Page 17.12 - 7 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs the State Department of Transportation, or any other public agency. Compare to Public Information Sign.
Height of Freestanding Signs The greatest vertical distance measured from grade to the top of the sign and any accompanying architectural feature of the sign. Any intentional grade elevations by mounding, reconfiguration, or by any other means in order to achieve an increased overall height shall be counted in the calculation of sign height.
Height of Non-Freestanding Signs The greatest vertical distance measured from the bottom to the top of the sign structure.
Historic Sign A sign which by its construction, materials, location, unique design, craftsmanship provides historic character and visual significance. Such signs include the following type:
Historic Replication Where the sign is an exact replication, including materials and size, of a historic sign.
Holiday Decoration See Seasonal and Holiday Decoration.
Human Sign Any person, mannequin, dress or body form (such as a tailor’s dummy), having a visual appearance primarily used for, or having the effect of, attracting attention from the streets, sidewalks or other outside public areas for identification purposes, which in any manner, or by any means, conveys a message, displays, or announces or directs attention to the name, nature, merits, availability, price, or type of goods, services, or products produced, sold, stored, furnished, or available at that location or at any other location.
Identification Sign A sign limited to identifying the name and/or street address, symbol or insignia, or any combination thereof, of a building, use of persons occupying the premise on which the sign is located.
Illegal Sign Any sign placed without all required government approvals and permits at the time said sign was placed, or an existing sign that was not constructed in accordance with the ordinances and other applicable laws in effect on the date of construction, or a legal nonconforming sign that has exceeded its authorized amortization period. Compare to Permitted Sign, Legal Nonconforming Sign, or Nonconforming Sign.
Illuminated Sign Any sign employing the use of lighting sources, including neon tubes, for the purpose of decorating, outlining, accentuating or brightening the sign area, resulting in a sign that is internally illuminated, externally illuminated, or backlit.
Illumination Intensity An expression, in wattage or foot-candles, of visually perceived brightness from an artificial light source. Compare to Glare.
Page 17.12 - 8 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
Incidental Sign A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “open/closed”, “vacancy”, “no parking,” “loading only,” “telephone,” “credit cards accepted,” accreditation, or other similar directives. Compare to Rider Sign.
Inflatable Sign See Balloon.
Information Kiosk A freestanding or wall-mounted sign containing locational information directing users to individual uses within a business, industrial or public complex of uses or buildings, and providing information about such uses. The information kiosk may also contain message bulletin boards or community information, but shall not contain advertising. See also Kiosk.
Kiosk See Information Kiosk.
Legal Nonconforming Sign A sign which was legal when first erected, with all necessary permits, but which due to a change in the law became nonconforming. Compare to Nonconforming Sign or Illegal Sign.
Logo A portion of a sign depicting a symbol or trademark, used to enhance consumer recognition of the business enterprise being advertised on the sign.
Lot Any piece or parcel of land or a portion of a subdivision, the boundaries of which have been established by some legal instrument of record, that is recognized and intended as a unit for the purpose of transfer of ownership.
Memorial Sign A commemorative sign, tablet or plaque memorializing a person, event, structure or site. Compare to Architectural Sign.
Monument Sign See Freestanding Sign.
Multi-Faced Sign A sign with two or more sign faces where any two sign faces are oriented such that they have an interior angle of greater than 30 degrees but no more than 90 degrees from each other.
Mural An artistic expression that is painted on, and made an integral part of, a wall surface, and that Figure 12: Multi-Faced Sign example does not include identification, advertising or promotional information for a business. Compare to Painted Sign.
Neon Sign A sign where the informational content, including numbers, letters, or pictorial graphics, are illuminated by gas filled luminous neon tubes. Compare to Fluorescent or Illuminated Sign.
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Non-Commercial Signage Any signage which is not determined to be commercial signage, as defined herein. Compare to Commercial Signage.
Non-Commercial Speech Any message which is not determined to be commercial speech as defined herein. Compare to Commercial Speech.
Nonconforming Sign Any sign that does not conform to the requirements of this Chapter. Compare to Legal Nonconforming Sign or Illegal Sign.
Non-Structural Trim The molding, battens, caps, nailing strips, lattice, cutouts, or other such features which are attached to the sign structure for purposes of decoration. Compare to Sign Frame.
Obscene Sign Signage when taken as a whole, which to the average person applying contemporary statewide standards, appeals to the prurient interest and as a whole depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political or scientific value. Any determination that a sign is obscene must be made on a case-by-case basis based on applicable laws.
Offsite Sign Any sign with a message that does not relate directly to an active use of the premises on which it is displayed. Compare to Onsite Sign.
Onsite Sign Any sign with a message that relates directly to an active use of the premises on which it is displayed. Compare to Offsite Sign.
Open House Sign A temporary sign that may be located onsite or offsite typically advertising an open house for the purpose of selling a single family residence, including individual condominiums.
Outdoor Advertising Sign Structure (Billboard) A sign, display, or device affixed to the ground or attached to or painted or posted onto any part of a building or similar permanent structure, used for the display of an advertisement to the general public when viewed from the exterior of a building or similar enclosed area. This definition does not include Business Directional Signs. See also Billboard.
Outdoor Display Refer to Section 17.35.090.D.of the Development Code.
Over-Head Sign A sign that extends over the public or private right-of-ways, walkways, and vehicular travel lanes, extending from one side of the right-of-way to the other, including permanent or temporary signs.
Painted Sign Sign copy painted directly on the building walls or other surfaces, either as non- Page 17.12 - 10 Ordinance 2000-310, Adopted 10/23/00 Figure 13: Over-Head Sign example Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs illuminated copy, or indirectly illuminated copy. Compare to Wall Sign or Mural.
Parapet The portion of a building wall that rises above the roof level.
Parapet Sign A wall sign that is located below the top of the parapet line of a building and above the top of the window line of the highest story of the building, and including a sign on a false mansard. Compare to Roof Sign and Wall Sign.
Pennants A series of small flags, often triangular in shape and made of durable cloth, plastic or similar non-rigid material, affixed to a string or cord and strung across a building or site to attract attention.
Permitted Sign signs permitted pursuant to this Chapter. Compare to Illegal Sign or Prohibited Sign.
Pole Sign See Freestanding Sign.
Political Sign Refer to Temporary Sign.
Portable Freestanding Sign Any sign for which a building permit has not been issued, and which is not permanently affixed or erected, or any sign which is intended to be movable or capable to being moved from place to place, whether or not wheels or other special supports are provided. This definition also includes the following type of sign:
A-frame Sign A portable freestanding sign constructed of two opposing sign faces, which faces are typically Figure 14: A-frame or Portable hinged at the top and extend to the ground. Also Freestanding Sign example commonly referred to as a sandwich board or menu board sign.
Prohibited Sign Signs specified in Section 17.12.060 of this Chapter or any sign not in compliance with this Chapter. Compare to Permitted Sign.
Projecting Sign A sign that projects more than 12 inches from the exterior face of a building wall or façade and which uses the building wall as its primary source of support.
Public Information Sign A sign that typically only displays a message of potential interest to the general public as a whole that does not include business identification, advertising, or promotional information. Figure 15: Projecting Sign example Compare to Governmental Sign.
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Real Estate Sign A temporary sign that indicates the availability of land or buildings for sale, lease, rent, or other permanent or temporary disposition. Compare to Open House Sign, Construction Site Sign.
Relocate When used with reference to a sign, means to move a sign from one location to another or to remove a sign from one location and construct a similar sign at another location.
Revolving Sign A sign or portion thereof that spins or rotates or contains elements, such as lighting, which creates the illusion of spinning or rotation. Compare to Animated Sign.
Repair The renewal of any part of an existing sign for the purpose of its maintenance, including but not limited to repainting, replacement of broken, missing, or faded components, replacement of light bulbs, reattachment of loose parts, and other similar measures. Repair does not include any expansion of sign area, illumination of a previously non-illuminated sign, or other intensification of signage. Compare to Alteration, Sign Maintenance or Upgrade.
Rider Sign A sign hanging from the bottom edge of a freestanding sign containing information generally secondary to the copy of the sign to which it is hung, including but not limited to such information as accreditation, prices, products, advertised specials, names, etc. The method of attachment is generally by chain, rope, hooks, or other means whereby the rider sign is not a structurally integral part of the principal sign. Compare to Incidental Sign.
Figure 16: Rider Sign example Right-of-Way, Public A public street, sidewalk, or highway.
Roof Line The ridge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. See also Parapet.
Roof Sign Any sign erected upon, against, or directly above a roof, or projecting above the parapet or roof line of a building. Signs erected on a mansard roof shall not constitute a roof sign. Compare to Parapet Sign.
Seasonal and Holiday Decoration Lighting and other materials, including festive flags, in the nature of decorations, clearly incidental to and customarily Figure 17: Roof Sign example and commonly associated with any national, state, local or religious holiday.
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Big Bear Lake Development Code Chapter 17.12 – Signs
Setback Area The setback area shall be that area defined as the “required minimum yard” as specified by the Development Code for each Zoning District, unless a specific setback is designated within this Chapter.
Shopping Center or Building Complex A group of 3 or more commercial retail businesses that have been designed and developed together as an integral unit on a single parcel of land or separate parcels of land and which businesses utilize common off-street parking or access, and which are managed under a common area agreement.
Sign Any object having a visual appearance primarily used for or having the effect of attracting attention from the streets, sidewalks or other outside public areas for identification purposes, including but not limited to all outdoor advertising and any card, cloth, paper, paint, plastic, metal, painted glass, or wooden or stone materials, and any and all devices, structural and otherwise, lighted or unlighted, painted or not painted, attached to, made a part of, or placed in the window of, or in the front, rear, sides, or top of any structure on any land or any rock, bush, wall, tree, post, fence, building, or structures, which object in any manner, or by any means, whether enumerated in this subsection or not, conveys a message, announces or directs attention to the name, nature, merits, availability, price, or type of goods, services, or products produced, sold, stored, furnished, or available at that location or at any other location, and including the support elements, distinct background area and decorative embellishments thereof, with the exception of the following:
Such devices not exceeding 1 square foot in area and bearing property numbers, names of occupants or other similar identification on a site.
Flags and other insignia of any government, not displaying commercial speech.
Legal notices.
Decorative or architectural features of buildings or decorative landscape features, except letters, trademarks, or moving parts.
Seasonal and holiday decorations.
Government traffic controlling devices are not considered signs for purposes of this Chapter due to their distinct purpose.
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Sign Area (Area) The entire area within a single continuous perimeter which enclose the extreme limits of writing, representation, emblem, or any figure of similar character, background area, trim, or other material, light or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, trim, frame, or uprights on which any such sign is supported shall not be included in determining the sign area. See also Sign Copy, Sign Face, Sign Frame, and Sign Structure.
Sign Copy (Copy) All portions of a sign that display a Figure 18: Sign Area example message, including any and all letters, words, numerals, characters, illustrations, insignias, symbols, logos, statuary or any other communication material placed upon a sign. See also Sign Area, Sign Face, and Sign Frame.
Sign Face (Face) The exterior surface of a sign, exclusive of structural supports or decorative trim, on which is placed the sign Figure 19: Sign Face, Sign Area, Sign Copy example copy that is visible from a single point as a flat surface or a plane. When sign copy is affixed directly to a building face, window, or canopy, sign face shall mean the area within which the sign copy can be enclosed. See also Sign Area, Sign Copy and Sign Frame.
Sign Frame (Frame) The exterior decorative trim or structural frame that surrounds a sign face and which does not display a message. Compare to Non-structural Trim.
Sign Maintenance Any activity performed on a sign for the purpose of actively maintaining the sign in its existing approved physical configuration and size dimensions at the specific location approved by the City for the duration of its normal life. Maintenance includes repainting without the changing of advertising message, with substantially the same colors and materials, and the routine replacement of border and trim with substantially the same colors and materials. Customary maintenance does not include raising the height or increasing the dimensions of a sign, adding a back-up panel facing to a single-panel display or turning the facing direction of a single facing sign. Compare to Alteration, Repair, Upgrade.
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Big Bear Lake Development Code Chapter 17.12 – Signs
Sign Program A detailed graphic and narrative plan that establishes the specific sign regulations and common aesthetic design characteristics that apply to all signs for a particular ownership parcel, or for a particular area that may include two or more separate but contiguous ownership parcels, and which may include a development project, shopping center, or business complex.
Sign Structure Any structure designed, intended, or used to support, or illuminate a sign, including portions of any building or structure when so designed or used. See also Sign Area, Sign Copy, Sign Face, and Sign Frame.
Site A lot, or group of contiguous lots, with or without development, in single ownership, or having multiple owners, all of who join in an application for signage.
Static Electronic Changeable Copy Sign See Changeable Copy Sign.
Street A public or private highway, road or thoroughfare which affords the principal means of access to adjacent lots. Compare to Right of Way.
Temporary Sign Signs to be displayed for a specific period of time or event and which are removed immediately after the completion of the event, as permitted by and defined in this Chapter. Temporary signs include but may not be limited to Balloon, Inflatable Signs, or Inflatable Attention-Getting Devices; Banners; Construction Site Signs; Open House Signs; Pennants; Political Signs; Real Estate Signs; Seasonal and Holiday Decorations; Temporary Canopy; Transit-Related Temporary Signs.
Time and Temperature Sign Refer to Static Electronic Changeable Copy Sign.
Transit-Related Temporary Sign Sign affixed to a coach, shelter, bench, or other appurtenant facility owned or operated by an approved transit provider within the City.
Unlawful Sign A sign that was constructed illegally and which violates this Chapter, or which the City Planner or Building Official declares to be unlawful because it has become dangerous to public safety. See also Illegal Sign.
Upgrade Any activity intended to improve the design quality and aesthetic appeal of an existing sign, display, or device by modifying structural elements of, or providing substantial cosmetic enhancements to, such sign, display or device. Compare to Alteration and Repair.
Variance As defined in Development Code Section 17.02, a variance shall mean a discretionary entitlement that permits the departure from the strict application of the development standards contained in this Development Code, pursuant to Section 17.03.180.
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Vehicle Sign Any sign or advertising device attached to or located on any vehicle, bicycle, pedicab, or trailer parked or traveling on a public right-of-way or public property or on a private property so as to be visible from the public right-or-way, where such sign or advertising device is for the basic purpose of providing advertisement of a business, activity, service or product or directing people to a business or activity located on the same or off-site property. This definition is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently or magnetically attached to a business or commercial vehicle, nor is it intended to apply to standard practices for advertising vehicles for sale which are located on an approved, properly zoned location.
Vehicle Sight Distance The area through which a driver has a clear view of oncoming vehicle and pedestrian traffic when waiting to proceed at a street corner or driveway.
Wall Sign (Wall-Mounted Sign) Any sign attached to, erected against, or painted or inscribed upon the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and not located above the roof line, parapet or façade (except when enclosed within a dormer or on a false mansard), which does not project more than 12 inches from the building wall.
Figure 20: Wall Sign example Window Sign A sign that is displayed on the surface of any glass or glazed material, or that is displayed interior and close enough to a window to be reasonably visible from outside the window.
Figure 21: Window Sign examples
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Big Bear Lake Development Code Chapter 17.12 – Signs
17.12.030 SIGN PERMIT REQUIREMENTS AND PROCEDURES
A. Sign permits. Except as otherwise provided in this Chapter, no person shall cause or permit the construction, enlargement, remodeling, or upgrade of any sign, outside of a change of copy, without first obtaining a sign permit in accordance with the provisions on this Chapter, and any other permits required by law. Signs used in conjunction with a special event are reviewed under the Special Event Permit process, pursuant to Section 17.03.300 in Chapter 17.03.
B. Building permits. A building permit must be obtained to erect or modify signs, as required by the California Building Code.
C. Review Process.
1. City Planner review. An application for a sign permit to construct or erect a new sign, replicate a sign that is determined to be historic, or to enlarge or upgrade an existing sign shall be reviewed by the City Planner or his/her designee. The City Planner or designee shall approve the application if he or she finds that the application complies with this Chapter and that the findings for approval as contained in Paragraph D of this Section can be met by the application.
2. Time period for review. A decision to approve or deny a sign permit application shall be made by the City Planner or designee no later than 5 business days after an application is deemed complete by the City Planner, and said decision shall be transmitted to the applicant or placed in the U.S. mail no later than close of business of the 5th working day following the date on which the application was deemed complete. If the application is denied, a written statement shall be provided to the applicant stating the reasons for the denial.
3. Extension of review period. The time period for review as contained in Paragraph C.2 of this Section may be extended by mutual agreement of the applicant and the City.
4. Compliance with standards. In the event that the City Planner or designee does not render a decision on a sign permit application in accordance with the time periods established in this Section, the sign permit application shall be determined to be approved only if its design and placement conform to the requirements of this Chapter. Failure to conform to the time periods for review in this Section shall not be interpreted to grant approval of any sign which does not meet the standards, requirements and/or codes of the City, or to grant approval of a deviation or variance from the standards or codes.
5. Appeals. Any decision made by the City Planner may be appealed to the Planning Commission within 10 calendar days after the date the City sends notice to the applicant or interested party of the City Planner's decision, and any decision
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made by the Planning Commission may be appealed to the City Council. The decision of the City Council on any appeal shall be final.
6. Judicial Review. All decisions of the City Council reversing or upholding a decision to issue, renew, deny, suspend or revoke a permit are final within 10 calendar days, unless appealed by the applicant to a court of competent jurisdiction. The City shall comply with all requirements for expedited judicial review contained in California Code of Civil Procedure Section 1094.8.
D. Findings for approval. No sign permit shall be issued unless the City Planner or other reviewing authority, if appealed, finds that the application for a sign permit, exclusive of its content, meets all of the following requirements:
1. The sign is consistent with the General Plan;
2. The sign complies with the requirements of this Chapter and with other applicable laws and regulations;
3. The sign is not detrimental to the public health, safety, or welfare; and
4. The sign will not have adverse impacts on adjacent properties or rights of way, or obstruct the view of other legal signs.
E. Application requirements. The application for a sign permit shall be made on the form provided by the City Planner and shall be accompanied by a processing fee established by resolution of the City Council. The application shall contain all of the following information and materials, except that some requirements may be waived when not applicable to the type of sign being proposed.
1. Three sets of plans, scaled and fully dimensioned, with the following information:
(a) North arrow, scale, date drawn, applicant, contact person and phone number(s);
(b) Property lines and fronting streets, with street names labeled;
(c) Location and dimensions of all existing signs on site and within 50 feet of the proposed sign location;
2. The intended location and position of the proposed sign;
3. Fully dimensioned drawings showing proposed design, size, exact colors, materials and location of the sign or sign structure;
4. Where applicable, relationship of the proposed sign to existing or proposed adjacent buildings, structure, signs, property lines, streets, and driveways on or
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Big Bear Lake Development Code Chapter 17.12 – Signs
adjacent to the parcel where the sign is to be located (may not be needed for wall- mounted signs);
5. Photographs of all sides of any existing buildings or elevation drawings of sides of proposed buildings and structures where such signs are to be attached;
6. The method of attachment of the sign to any structure;
7. Any proposed lighting, including internal and external illumination. Information on lighting intensity may be required, as determined necessary by the City Planner;
8. Where directional signs are proposed, the location of off-street parking facilities, including major points of entry and exit for motor vehicles;
9. Authorization of the property owner, or of the lessee when so authorized by the owner; and
10. Other information as determined by the City Planner to be needed in order to complete the review of the sign application.
17.12.040 SIGN PROGRAM REQUIREMENTS AND PROCEDURES
A. Purpose and intent. A sign program shall be required and prepared in order to create a unified design theme for all signs within a development project, shopping center, or business complex. The intent of such a program is to create a visually pleasing method of providing compatible and complementary signs throughout the project site; to inform users and tenants of desired sign characteristics; to minimize visual clutter; and to unify the appearance of the development site so as to create a distinctive sense of place.
B. Contents. A sign program shall include but not be limited to the following information:
1. A coordinated design theme, incorporating uniform design elements for various types of signs to be used in the project area, including wall signs, freestanding signs, canopy and awning signs, directional signs, and others as appropriate;
2. Desired use, design, location and size of temporary signs, including window signs, special event signs, flags, banners, portable signs, and others as appropriate;
3. The desired size, area and location of signs to be located throughout the project site;
4. Methods by which signs will be attached to buildings and structures;
5. Methods and levels of illumination;
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6. Choice of colors and lettering styles; and
7. Other information as determined by the City Planner to be necessary to complete the review of the sign program, or as proposed by the applicant.
C. Review Process.
1. City Planner review. Anyone establishing a sign program shall submit such program to the City Planner for review in accordance with the provisions of this Chapter. The City Planner or his/her designee may approve or deny the application based upon its conformance with the requirements of this Chapter, or the City Planner may forward the application to the Planning Commission for consideration. The sign program application shall include the required review fee as adopted by the City Council.
2. Time period for review. A decision to approve or deny a sign program application shall be made by the reviewing authority no later than 30 calendar days after an application is deemed complete by the City Planner. If the application is denied, a written statement shall be provided to the applicant stating the reasons for the denial.
3. Extension of review period. The time period for review as contained in Paragraph 2 of this Section may be extended by mutual agreement of the applicant and the City.
4. Compliance with standards. In the event that the reviewing authority does not render a decision on a sign program application in accordance with the time periods established in this Section. The sign program application shall be determined to be approved only if its contents conform to the requirements of this Chapter. Failure to conform to the time periods for review in this Section shall not be interpreted to grant approval of any sign program which does not meet the standards, requirements and/or codes of the City, or to grant approval of a deviation or variance from the standards or codes.
5. Appeals. Any decision made by the City Planner may be appealed to the Planning Commission within 10 calendar days after the date the City sends notice to the applicant or interested party of the City Planner's decision, and any decision made by the Planning Commission may be appealed to the City Council. The decision of the City Council on any appeal shall be final.
6. Judicial review. All decisions of the City Council reversing or upholding a decision to issue, renew, deny, suspend or revoke a permit are final within 10 calendar days, unless appealed by the applicant to a court of competent jurisdiction. The City shall comply with all requirements for expedited judicial review contained in California Code of Civil Procedure Section 1094.8. Page 17.12 - 20 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
D. Findings for approval. No sign program shall be issued unless the reviewing authority finds that the application for a Sign Program, exclusive of its content, meets all of the following requirements:
1. The sign program is consistent with the General Plan;
2. The sign program complies with the requirements of this Chapter and with other applicable laws and regulations;
3. The sign program is not detrimental to the public health, safety, or welfare; and
4. The sign program will not have adverse impacts on adjacent properties or rights of way.
17.12.050 EXEMPTIONS FROM SIGN PERMIT REQUIREMENTS
The following signs, if not illuminated, shall be permitted without the requirements of a sign permit in all zoning districts; however, they shall comply with other applicable requirements of this Chapter. An exempt sign may still require a Building Permit, pursuant to California Building Code and its appendices and standards, as they may be updated from time to time.
A. Address Numbers and Residential Identification, based on the City’s determination that such signs expedite provision of emergency services and thus provide for public safety and welfare. Required address numbers, in order to comply with state and local Fire codes and ordinances that all properties display illuminated address numbers. The size, illumination, and location, for visibility from the public right of way, shall comply with applicable requirements as they may be updated from time to time. This exemption also includes 1 residential building identification sign, used to identify individual residences, not exceeding 2 square feet in area displaying only the name and/or address of the owner or occupant.
B. Architectural sign, based on the City’s determination that such signs are integrated into the building architecture and provide building identification. Such sign shall be made an integral part of a building or structure and provided that the sign does not exceed 18 inches in any dimension and limited to providing only the name of the business, building, and/or establishment date.
C. City-wide sign program. A City-approved sign program for the purpose of providing public information such as entry and district monument signs, information kiosks, way finding signs, lightpost banner signs, and signs to inform the general public of community and civic events.
D. Construction site sign, based on the City’s determination that such signs provide for a public convenience and are used for a limited duration of time. The sign(s) shall not exceed a cumulative sign area of 32 square feet or as otherwise established by the
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Planning Commission or City Council for public noticing purposes. If freestanding, sign structures shall not exceed 8 feet in height. No sign shall be located in the public right- of-way. The sign(s) shall be removed upon the completion of construction and issuance of a final inspection on the building permit by the Building Inspector.
E. Directional signs, for the purpose of indicating the locations of ingress and egress points, parking locations, drive-through lanes, and other similar advisory information, based on General Plan Policy CD 1.4 which calls for provision of a functional and user-friendly built environment, and on the City Council's determination that such signs promote traffic safety by directing vehicles off of streets and highways in a safe and orderly manner. Such signs shall be limited in number to 5 signs, or 4 signs per frontage for any business premises that has more than one frontage. The maximum dimensions for such signs shall not exceed 2 square feet in area per sign and 3 feet in height to the top of the sign.
F. Flags, based on the City’s Council's determination that the national, state and city flags promote community values of patriotism and honor for these entities. One each national, state, and local governmental flag properly displayed with a maximum of 3 flags per pole, and flag area shall be proportionate to the height of the flag pole, as recommended by Table 17.12.050.F, below. This exemption includes corporate logo flags and flags of internationally and nationally recognized organizations, when used as a symbol to enhance a sense of place. When mounted on a flag pole, the pole shall not exceed 35 feet in height. This provision is not intended to prohibit the display of 1 flag Flag Pole Height Flag Dimensions containing non-commercial speech such 15’ 3’ x 5’ as “welcome” or “open”. Ground- 20’ 4’ x 6’ mounted or building-mounted flags shall provide a minimum of 8 feet in 25’ 5’ x 8’ clearance above the grade to the bottom 30’ – 35’ 6’ x 10’ edge of the flag. Cumulative flag area Table 17.12.050.F: Recommended Height and on any site shall not exceed 100 square Dimensions for Flags feet.
G. Garage sale, yard sale signs, based on the City’s determination that such signs provide for a public convenience and are used for a limited duration of time, and that such signs promote efficient traffic circulation through City streets; provided they are not located in the public right-of-way, not attached to any other signs, do not exceed 3 square feet in sign area, do not exceed 1 such sign on-site nor 2 off-site, and provided that all off-site signs have the consent of the property owner. All such sale signs shall be removed by sunset each day. Under no circumstances shall signs for the same sale be displayed for more than 4 days.
H. Governmental signs, based on the City’s determination that such signs provide for public welfare, convenience and traffic safety by clearly identifying public or private facilities and warnings, including signs of a duly constituted governmental body, including traffic or similar regulatory devices, safety signs, legal devices, or warnings at Page 17.12 - 22 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
railroad crossings; official traffic, fire and police related signs, temporary traffic-control signs used during construction, utility facilities and substructure location and identification signs and markers required by the City of Big Bear Lake, the State Department of Transportation, or any other public agency. This exemption is not intended to exempt governmental and public agencies from obtaining approval from the City Planner for a public information sign and complying with applicable design and development standards.
I. Historic signs, based on the City’s General Plan Policy CD 1.3 that the history of Big Bear Lake should be reflected in the community’s design, including unique buildings and features which are determined to be of exceptional value to the community. This provision is intended to allow existing signs that are historically significant to remain, even out of compliance with the current provisions of this Chapter. A sign that is determined to be historic by the Director but damaged beyond repair due to natural causes or determined to be structurally unsound, may be replicated subject to a Sign Review for historic sign replication. When a historic sign is voluntarily removed, the sign may not be re-installed or replicated and shall comply with provisions of the Chapter pertaining to new signs.
J. Interior signs. Signs located inside a building, courtyard, or other structure provided the sign copy is not visible from outside the building or structure or is not so located as to be conspicuously visible and readable without intentional and deliberate effort from outside the building or structure.
K. Memorial signs, based on the determination that such signs serve the purpose of identifying and memorializing historic persons and sites within the City in conformance with General Plan Policy CD 1.3.a, which states, in part, that “sites within the City which have historic or cultural significance should be identified and commemorated with plaques, monuments or other means as appropriate.”
L. Open house signs, based on the City’s determination that such signs provide for a public convenience, promote the free transfer of land ownership, and are used for a limited duration of time. Signs advertising an open house during the period of the open house only and not to exceed 1 such sign on-site or 2 off-site may be permitted; except that if the most direct route to the open house from a the nearest primary or secondary arterial, as designated in the City's General Plan, requires a driver to travel on multiple different or discontinuous streets, 1 additional sign may be displayed at the intersection of each different or discontinuous street, up to a maximum of 4 additional signs. No signs shall be placed in the public right of way, and property owner permission shall be obtained for placement of all signs. Such signs shall be removed at the end of the open house period and under no circumstance be displayed overnight. Each sign shall not exceed 3 square feet in area and 3 feet in height, and may be a portable freestanding sign.
M. Public notices or signs required to be posted by law.
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N. Real estate signs, commercial (sale, lease or exchange by agent or owner), based on the City’s determination that such signs provide for a public convenience, promote the free transfer of land ownership, and are used for a limited duration of time. Signs shall not exceed a sign area total of 24 square feet. Only 1 such sign shall be allowed per street frontage. If freestanding, signs structures shall not exceed 8 feet in height. No signs shall be located in the public right-of-way. The sign(s) shall be removed within 30 days following close of escrow or termination of listing agreement.
O. Real estate sign, residential, based on the City’s determination that such signs provide for a public convenience, promote the free transfer of land ownership, and are used for a limited duration of time. One un-illuminated, double-faced real estate advertising sign, for sale, lease or rent of residential property may be allowed when the sign is conforming to the following requirements.
1. Sign area shall not exceed 8 square feet and sign height shall not exceed 6 feet;
2. The sign shall be situated within the property line and shall not encroach upon public right-of-way; and
3. The sign shall remain only during the period of time that the premises are being offered for sale, lease or rent and shall be removed 7 days after the property is sold, leased or rented or the offer for sale, lease or rent is terminated. Property shall be deemed to be sold upon the close of escrow, upon transfer of legal title, or upon execution of an installment sales contract, whichever occurs first.
P. Seasonal and holiday decorations, including lighting and flags, based on the City’s determination that free expression regarding religious events and holidays is a fundamental right. Seasonal or holiday decorations, in season, shall be removed or changed every 90 days. Multi-colored string lights, excluding single strand white colored lights, shall not be displayed outside of the period between the winter holiday season of November 1st and January 31st. A building permit shall be obtained for single strand white colored lights intended to remain in place for more than 90 days.
Q. Statues of bears or indigenous animals, based on the General Plan Policy CD 2.1 to create a sense of arrival and identity in Big Bear Lake to reinforce a unified sense of place. Such features shall be constructed of durable materials to withstand the climate and look physically natural in appearance, and shall not exceed 8 feet in height. Commercial speech shall be prohibited, other than a business identification name, which may be carved in the statue and proportionate in area to the size of the statue. No other signs or products shall be attached, mounted, or displayed on the statue.
R. Temporary non-commercial signs. The City finds that there is a need to provide for certain temporary non-commercial signs in order to provide opportunities for free expression. The City further finds that it is necessary to regulate the number, size and location of such signs in order to reduce visual clutter and debris throughout the City. All Page 17.12 - 24 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs temporary non-commercial signs including, but not limited to religious, charitable, civic, homeowner association, educational, political or cultural posters or special events of civic, philanthropic, educational or religious purposes when in conformance with the following provisions:
1. Development standards. Temporary non-commercial signs shall be exempt only if they conform to all of the following standards:
a. Maximum size of the sign shall not exceed 32 square feet and the top of the sign shall not be placed higher than 8 feet above grade.
b. Special event signs shall not be posted for more than 30 days prior to and 10 days after such event, except that political signs shall be exempt from the requirement that they may not be posted more than 30 days prior to an election.
c. Such signs shall not be permitted to be stuck, glued, painted, pasted, posted, nailed, stapled or otherwise affixed to any public property, publicly owned sign, public appurtenance, utility pole, fire hydrant, tree, boulder, or other natural feature, and may not be placed within the public right of way.
d. Such temporary non-commercial signs shall not obscure traffic signs and signals nor block motorists' line of sight.
e. It shall be unlawful to attach, connect or otherwise affix any sign to another permanent or temporary sign, or direct, permit or allow such action, without the permission of the owner of the permanent or temporary sign.
f. Property owner permission shall be obtained for erection of temporary signs, provided that written evidence of such permission need not be submitted to the City prior to erection of the signs.
g. No more than 3 signs or 96 cumulative square feet of temporary non- commercial signage may be erected on any single parcel of land. Signs shall be spaced accordingly to ensure visibility of all signs on the site and to maintain clear vehicle sight distance.
h. Such temporary non-commercial sign shall contain information about the individual or organization which owns or has erected the sign, along with the address or phone number of such entity.
i. Such temporary non-commercial signs shall not be illuminated.
j. Such temporary non-commercial signs shall incorporate the applicable design standards set forth for all signs.
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2. Violation. Except as otherwise provided herein, upon a determination of any violation of the provisions of this subsection regulating all temporary non- commercial signs, the Enforcement Officer shall send notification in writing to the owner of such sign, if such owner is known, stating that the sign has been determined to be illegally erected and requiring its removal within 10 days of the date of such written notice. If a potential violation of this subsection is identified with respect to political signs prior to an election, the Enforcement Officer shall schedule the matter for public hearing by the Planning Commission for a decision as to whether a violation has occurred. Upon determination that a violation exists with respect to any temporary non-commercial sign, if the sign is not removed within the specified time period, the Enforcement Officer may cause the sign to be removed, and shall notify the sign owner in writing of any sign removal, stating the location where his or her sign is being held and that it will be destroyed if not claimed by the owner within 10 days after the date of such notice. In the event that the owner does not claim such sign within the 10 day period, the Enforcement Officer may destroy or otherwise dispose of such sign. The owner of the sign shall reimburse the City for the actual costs of removing, storing, and destroying or otherwise disposing of the sign.
3. Removal of signs. No person shall remove, destroy, relocate, or otherwise disturb any lawfully-erected temporary non-commercial sign, or direct, permit or allow such removal, destruction, relocation or disturbance, without the permission of the party who erected the sign. It shall be presumed, as to signs for political candidates, that the political candidate or his or her representative is the party who erected the sign. It shall further be presumed that the committee who has registered with the Secretary of State to support a position on a ballot proposition is the party who erected the sign taking the position on the ballot measure. Nothing in this subsection shall prohibit the owner of a piece of property, or his or her authorized representative, from removing a sign from his or her property when the temporary non-commercial sign has been erected without his or her consent; and provided, further, nothing in this subsection shall prevent the Enforcement Officer or other authorized representative of the City from taking action to abate sign violations.
S. Vehicle signs. When affixed to registered and operable vehicles, provided that the vehicle is not parked in a required private or public parking space adjacent to a public right-or-way for the primary purpose of advertising. Any sign required by state law or local ordinance to be affixed to a vehicle, or signage required to protect public health, safety and welfare, is also exempt.
T. Window signs. Window signs not exceeding 25 percent of the window area or 1 square foot for every lineal foot of building wall on which the window is located, whichever is less, and located on first-floor windows. Sign copy shall be measured by the smallest rectangle or other geometric shape within which the copy can be enclosed.
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Big Bear Lake Development Code Chapter 17.12 – Signs
17.12.060 PROHIBITED SIGNS
The following signs are prohibited:
A. ANY SIGN NOT EXPRESSLY PERMITTED IS PROHIBITED, except as specifically authorized by Planning Commission interpretation based upon finding that such sign complies with the General Plan, including Policy CD 7.4 of the Community Design Element, and that the sign meets the intent of this ordinance as stated in Section 17.12.010.
B. Architectural or structural features shaped like a product, service or business which exceeds the size and location limitations of this Chapter.
C. Animated signs, with the exception of historical signs and portions of a sign containing non-commercial speech or decorative features.
D. Banners, including feather banners, except as specifically allowed in this Chapter. Refer to Section 17.12.050 (Exempt Signs) for temporary non-commercial signs and Section 17.12.150 (Temporary Signs) for temporary use and special event signs.
E. Dynamic electronic changeable copy signs.
F. Flashing signs (except time and temperature signs).
G. Human signs (except in conjunction with a special event pursuant to Section 17.12.150.)
H. Outdoor advertising sign structures (billboards). With respect to the prohibition of outdoor advertising sign structures, the City Council finds as follows:
1. As stated in the General Plan Community Design Element, “the City's appearance is a major component of its viability as a visitor-oriented destination resort, and aesthetically-pleasing roadways and business districts are key to maintaining and enhancing the local economy. Therefore, some level of sign control is determined to be necessary for economic as well as aesthetic reasons.”
2. Policy CD 7.4 in the General Plan Community Design Element states that signs should “enhance, rather than detract from, the natural environment and distinctive mountain architecture.”
3. Policy CD 2.2 in the General Plan Community Design Element requires, in part, that the City “protect and enhance significant views, where appropriate, through the following measures: a. prohibit the erection of any new billboard within the City.”
4. Based upon the adopted General Plan policies and findings, the City Council determines that the prohibition of offsite advertising sign structures within the
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City conforms to the community’s objectives as stated in the General Plan to maintain views and enhance the scenic qualities of roadways, in order to preserve the City's natural beauty as well as to sustain tourism to support the local economy. Moreover, the City Council finds that the prohibition of off-site advertising sign structures does not significantly reduce opportunities for non- commercial advertising because alternative avenues for communication of non- commercial messages have been provided.
I. Portable freestanding signs, except as specifically allowed in this Chapter. Refer to Section 17.12.050 (Exempt Signs) for temporary non-commercial signs and Section 17.12.150 (Temporary Signs) for temporary use and special event signs.
J. Revolving signs.
K. Rider signs, when such signs are not inclusive of the sign face and exceed the maximum allowed sign face area.
L. Signs on natural features. Signs attached to or painted on natural features, such as trees, shrubs or rocks.
M. Signs on utility poles. Signs supported by or attached to any utility pole, street sign, snow pole, traffic post, traffic signal, or any other similar device.
N. Signs containing obscene message. Signs that display a message, graphic representation, or other image that is obscene as that term is defined in Section 311 of the Penal Code.
O. Signs that interfere with traffic devices. Signs which by their color, wording, design, location, or illustration resemble, distract attention from, or conflict with any traffic control device.
P. Signs that impair public safety. Signs which obscure the view of vehicular or pedestrian traffic on the public right-of-way, or which in any way impair public safety.
Q. Signs on public property. Signs within the public right-of-way or upon public property (except where approved or required by a government agency), including, but not limited to, any notice, placard, bill, card, poster, sticker, banner, sign, advertising or other device affixed or attached to or upon any public street, walkway, crosswalk, or other right-of- way, curb, lamp post, hydrant, tree, telephone booth or pole, lighting system or any fixture of the police or fire alarm system; provided, however, that over-street signs or transit-related temporary signs otherwise in compliance with this Chapter and the California Building Code may be permitted.
R. Sound emitting signs, excluding voice boxes for drive-up windows.
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Big Bear Lake Development Code Chapter 17.12 – Signs
S. Temporary signs, except as specifically permitted in this Chapter. Refer to Section 17.12.050 (Exempt Signs) for exempt temporary non-commercial signs and Section 17.12.150 (Temporary Signs) for temporary use and special event signs.
T. Vehicle signs, when parked or stopped for more than 72 consecutive hours, or traveling, on a public right-of-way or public property or on a private property or in a required parking space for the general public, so as to be visible from a public right-of-way. This Section is not intended to apply to transit-related temporary signs or to standard practices for advertising vehicles for sale which are located on an approved, properly zoned location.
17.12.070 GENERAL PROVISIONS
The following general provisions are applicable to all signs regulated by this Chapter. These general provisions apply in addition to any specific regulations in this Chapter.
A. Calculation.
1. For wall signs, permitted area for any sign shall be calculated based only on the frontage or side of a building on which the sign is located.
2. Maximum permitted sign area shall be based on the use of the building or property. When more than one business is located in a building, the allowable sign area for each business shall be based upon the lineal frontage occupied by that business.
B. Construction. Every sign and all parts, portions, units, and materials comprising the same, together with the frame, background, supports, or anchorage therefore, shall be manufactured, fabricated, assembled, constructed, and erected in compliance with all applicable Federal, State, and City laws and regulations. Any person or entity engaged in the business of constructing signs in the City shall have a valid state contractor’s license and a City business license, where applicable. No person shall erect, construct or install a sign or cause such sign to be erected, constructed or installed without having first obtained all required permits and licenses.
C. Maintenance. The following maintenance standards shall apply to all signs:
1. Every sign and all parts, portions, units and materials comprising the same, together with the frame, background, supports, or anchorage thereof, shall be continuously maintained in a safe, structurally sound, neatly painted, and well- repaired condition.
2. Signs illuminated either internally or externally must be capable of being fully illuminated and legible and the face(s) must be intact without holes or other exterior facial damage.
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3. Illuminated signs that are damaged or have defective lighting elements shall remain unlighted until repaired.
4. In the case of abandoned signs, any message or copy pertaining to the abandoned business must be removed and replaced with a blank panel within 91 days of user vacancy.
5. Under no circumstances shall sign cabinets remain empty for periods exceeding 90 days.
6. No person shall maintain or permit to be maintained on any premises owned or controlled by him/her any sign which is in a dangerous or defective condition. Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises upon notification by the City Planner.
D. Obstruction of public passage. No sign may be constructed so as to obstruct any required exit, including windows, doors, fire escapes or other emergency exit of any building.
E. Non-Commercial Messages. In each instance and under the same conditions to which this Chapter permits any sign, a sign containing an ideological, political or other non- commercial message shall be permitted in lieu of a commercial message.
17.12.080 DESIGN STANDARDS FOR SIGNS
In addition to the guidelines contained in the Community Design Element of the General Plan, the following design standards shall apply to all signs in the City of Big Bear Lake.
A. Incentives. The purpose of these incentives is to encourage innovative freestanding signs, which by their quality of materials and craftsmanship distinctly enhance the mountain aesthetic of the community. Signs which qualify for incentives require City Planner approval of a sign permit, or a sign program if applicable.
1. Design Criteria. The signs shall incorporate a minimum of 3 of the following features:
a. Posts or base and trim constructed of heavy timber logs or rough sawn lumber of 6-inch nominal dimension or greater;
b. Three-dimensional carved, routed, sand-blasted, or lasercut letters, numbers, or pictorial graphics;
c. Trim or base constructed of natural or cultured stone;
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Big Bear Lake Development Code Chapter 17.12 – Signs
d. A minimum of 1 statue or sculptural feature consisting of indigenous animals that are natural in appearance and three-dimensional, and measuring a minimum of 4 feet in height;
e. The sign, and statue or sculptural feature if applicable, shall be located in a planter or landscaped area which shall measure a minimum of 2 feet from the leading edges of the sign and shall surround the sign on a minimum of 3 sides. The planter or landscape area shall be part of the site’s streetscape along the street frontage. The planter or landscape area may include a mix of xeriscape plants and trees, and/or natural features such as stones, boulders, or logs. Any fencing in this area shall be
constructed of wood or stone Figure 22: Minimum landscaped area and shall comply with height and setback requirements.
2. Maximum Allowances. Signs that incorporate a minimum of 3 of the items listed in Paragraph 1 of this Section, above, may be granted a 10 percent increase to the existing sign area. Signs that incorporate a minimum of 4 items listed in the Paragraph 1 may be granted a 15 percent increase to the existing sign area. Signs that incorporate all 5 items listed in the Paragraph 1 may be granted a 20 percent increase to the existing sign area. The increase in sign face shall be proportional to the remaining sign area and all signs will remain subject to maximum height and width dimensions as provided herein.
a. Signs that are primarily constructed of energy efficient and environmentally friendly features in the areas of materials (re-used or recycled content; regional, renewable, or certified materials), finishes (low-emitting paintings and coatings), and lighting (LED or solar- powered) may be granted a 5 percent increase to the existing sign area. The checklists identified in Municipal Code Chapter 15.39 (Green Building) may be used in determining appropriate green features. The total incentives shall not increase the sign face by more than 25 percent.
3. Limitations.
a. A business which receives a sign incentive shall not be eligible for a sign permit for a portable freestanding sign and such existing signs on the site shall be removed upon approval of sign incentives.
b. Businesses that receive sign incentives shall have no violations of the Municipal Code existing on the property.
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B. Quality of workmanship and materials. Signs shall be of a quality commensurate with professional design standards and shall be constructed of durable materials which withstand the elements. No signs made out of paper, cardboard, cloth, plastic sheeting, or other non-durable materials shall be permitted, except as expressly allowed by Section 17.12.150 (Temporary Signs). Lettering, logos and other sign content shall be professionally prepared and shall appear uniform and legible.
C. Incorporation of decoration. Only 75 percent of the total sign face may contain sign copy; the remaining 25 percent of the sign face shall be decorative in nature, which may include but not be limited to background enhancement such as color or pictorial graphics, use of decorative trim, or other similar means of enhancing the appearance of the sign face. Due to the nature of channel letter signs, incorporation of decoration may include color, decorative font style, or background materials on which the sign is placed upon.
D. Materials. With the exception of channel letter signs, signs shall incorporate natural materials which reflect and complement the mountain environment, including wood, rock or stone, decorative ironwork, or a combination of these materials. All poles shall be encased in a decorative material; no bare metal support poles shall be allowed. At least one decorative material shall be incorporated into the sign design, which may include the base, supports, frame, sign face, or trim of the sign. Materials not in keeping with the mountain environment, such as stucco, red tile, or highly reflective materials, shall require approval by the City Planner. Materials shall be consistent with and complementary to the materials used in the primary structures on the site.
E. Design theme. Each sign shall incorporate at least one design element which reflects a mountain design theme, such as a peaked roof feature, decorative posts or base, decorative wood, stone, rock, or log trim, wood or wood-appearing beams, sculpture, painting, or other such feature. Design theme shall be consistent with and complementary to the design theme used in the primary structures on the site.
F. Sign Frame. Freestanding sign structures, such as monument or pole signs, shall provide an additional area, measuring at minimum 25 percent of the sign face, for a sign frame to surround the sign face. The frame shall be constructed of wood, logs, or rock materials, or materials which complement the existing primary structures on the site. The frame shall be three-dimensional and natural in appearance when faux materials are used.
G. Colors. The colors used on the base, frame and support structure of signs shall be consistent with and complementary to the colors of the building(s) on the project site. Fluorescent and “day-glow” colors will not be allowed on permanent sign structures, faces or copy.
H. Sign illumination intensity. The sign permittee shall be required to adjust a sign's illumination level such that it can be determined to be non-excessive as a result of the City Planner's evaluation. Illumination shall be considered excessive if it is substantially greater than the illumination of other nearby signs, if it interferes with the visibility of Page 17.12 - 32 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
other signs or with the perception of objects or buildings in the vicinity of the sign, if it directs glare toward streets or motorists, if it adversely impacts nearby residences or neighborhoods, or if the illumination reduces the nighttime readability of the sign. Adjustment could include shielding, placement or location of lighting devices, or other similar means. No permit for an illuminated sign shall become valid unless and until the sign's illumination level has been adjusted to the satisfaction of the City Planner. The use of energy efficient lighting features, such as solar-powered or light-emitting diodes (LED), are encouraged for signs that are illuminated.
I. Legibility. Sign lettering shall be of a size, font and spacing so as to be legible in the circumstances in which it is seen. The sign face should show adequate contrast between letters and the background color. Use of condensed capital letters is discouraged in favor of lower case letters with initial letters capitalized. Use of a font with seraphs and varying letter thickness is encouraged, for legibility.
J. Location. Signs shall not block the view from the street of existing signs on adjacent properties. Sign location and size shall be compatible with and in proportion to the structure or premises to which it is to be affixed. Sign location shall not impede pedestrian access or impair vehicle sight distance at driveways and intersections.
K. Landscaping. Landscaping or a planter shall be incorporated around the base of all freestanding signs. Planter or landscaped area shall not be less than 10 square feet in area. Where feasible, live plant materials and appropriate irrigation as necessary shall be provided within the landscaping area or planter, and shall include evergreen plant material for year-round greenery. Where live planting is not feasible, decorative hardscape shall be provided, such as decorative rock, bricks, pavers, or other similar material. Landscaping shall be maintained in good condition on an on-going basis.
L. Individuality. Signs are expressive of the individual business owner's identity and appropriate to the type of activity to which they pertain. It is recognized that commercial, retail, office, services, entertainment, industrial and institutional uses will each demonstrate a different sign character, and that individual expression will further modify sign designs. Such variation is allowed, provided that sign design meets applicable standards as contained in this Ordinance.
M. Compatibility. Signs shall be compatible with the visual character of the surrounding area. Signs near residential areas shall be less visually obtrusive than those in commercial areas. Signs in historic or scenic areas shall not distract from the character of these areas.
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17.12.090 SIGNS FOR RESIDENTIAL USES
A. Permitted signs. Permitted signs in residential districts include all exempt signs as listed in Section 17.12.050 (Exempt Signs) and those listed below, subject to the locational and size requirements as specified herein and in Table 17.12.090.A.
B. Bed and Breakfast Establishments. Signs for bed and breakfast establishments located in Residential-Low (R-L) and Single Family Residential (R-1) zones are subject to the sign standards listed in Chapter 17.25 (Residential Zones).
C. Residential Uses. Manufactured home subdivisions and parks, single family residential development projects and multiple family residential development projects. Identification signs may be permitted, subject to the following requirements:
1. Number and type. One wall or monument identification sign may be permitted per primary frontage and 1 wall per secondary frontage, provided that there is public access to the project from each frontage. No more than 2 signs may be permitted, and no more than 1 sign is allowed per frontage, except that if there is no public access from the secondary frontage, no sign shall be allowed on that frontage.
2. Dimensions. The maximum area of each sign face shall not exceed 24 square feet of which not more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated to a sign frame as provided in Section 17.12.080 (Design Standards). The sign structure shall not exceed 8 feet in height, including the base. The maximum length of any one dimension of the sign face shall not exceed 16 feet.
3. Illumination. Signs shall not be internally illuminated.
4. Setbacks. Monument signs shall be set back at least 5 feet from the front property line, and at least 10 feet from any side or rear property line.
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Big Bear Lake Development Code Chapter 17.12 – Signs
Table 17.12.090.A: Permissible Signs for Residential Uses STANDARDS CLASS TYPE Location Dimensions Other Requirements Bed and Breakfast Establishments in R-L and R-1 Zones: Identification Wall or 1 foot minimum setback from 12 sq. ft. maximum sign area No more than 1 sign freestanding sign front property line 6 ft. maximum height Shall not be externally illuminated Refer to Section 17.25.110 Exempt Exempt Signs Refer to Section 17.12.050 Refer to Section 17.12.050 Verify Definitions in 17.12.020 Manufactured Home Subdivisions and Parks, Single Family Residential Development Projects, and Multiple Family Residential Development Projects Identification Wall or 1 on primary frontage and 1 on 24 sq. ft. maximum sign area of Shall not be internally monument sign secondary frontage provided which no more than 75% may illuminated that there is public access from be included in the sign copy Design Standards in Section each frontage 25% minimum of sign face area 17.12.080 5 feet minimum setback from for a sign frame Minimum width of a front property line 8 ft. maximum height monument sign shall be two 10 feet minimum setback from 16 ft. maximum length of any times the height, refer to side or rear property line one dimension definitions in Section 17.12.020
Incentive Same as above Up to 25% increase in sign area, Same as above subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply. Exempt Exempt Signs Refer to Section 17.12.050 Projects:
Page 17.12 - 35 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs 17.12.100 SIGNS FOR INSTITUTIONAL USES
A. Permitted signs. Permitted signs for institutional and similar uses, including but not limited to government offices, quasi-public uses such as utility providers, schools, churches, libraries, parks, zoos, mortuaries, hospitals, and fraternal organizations, including all exempt signs as listed in Section 17.12.050 (Exempt Signs) and those listed below, subject to the locational and size requirements as specified herein and in Table 17.12.100.A.
B. Identification Sign. One wall and 1 freestanding identification sign on the primary frontage and 1 wall sign on the secondary frontage may be permitted subject to the following requirements:
1. Freestanding sign. A freestanding sign is required and is subject to the following standards:
a. Number. One freestanding sign located on the primary frontage. No more than 1 freestanding sign shall be permitted for each development project.
b. Dimensions. The maximum area of the sign face on the primary frontage shall not exceed 40 forty square feet in area, of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated to a sign frame as provided in Section 17.12.080 (Design Standards). The sign structure shall not exceed 14 feet in height. The maximum length of any one dimension of the sign face shall not exceed 10 feet.
c. Location. The sign structure shall be set back a minimum of 1 foot from the front property line, and 10 feet from any side or rear property line, except that no freestanding sign shall be erected within 30 feet of a property designated for residential use.
2. Wall signs. Wall signs may be permitted subject to the following standards:
a. Number. One wall identification sign may be permitted per each primary and secondary frontage, except that no wall sign shall be permitted on any frontage which faces residentially used or designated property. No more than one sign may be allowed on each frontage of the development project.
b. Dimensions. The sign on the primary frontage shall not exceed 1 square foot of sign area for each lineal foot of building frontage or 60 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy. The sign on the secondary frontage shall not exceed 1/2 square feet of sign area for each lineal foot of building frontage or 30 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy.
c. Placement. The sign shall not be located above the eave of the roof line, or above the parapet of the roof. Page 17.12 - 36 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.100.A: Permitted Sign Types for Institutional Uses STANDARDS CLASS TYPE Location Dimensions Other Requirements Identification Freestanding 1 ft. minimum setback from front 40 sq. ft. maximum sign area of Design Standards in Section sign property line which no more than 75% may be 17.12.080 10 ft. minimum setback from any side included in the sign copy Minimum width of a monument or rear property line 25% minimum of sign face area sign shall be two times the height 30 ft. minimum setback from any for a sign frame property designated for residential 14 ft. maximum height use 10 ft. maximum length of any one dimension Incentive Same as above Up to 25% increase in sign area, Same as above subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply. Wall sign 1 on primary frontage and 1 on any On primary frontage, 1 sq. ft. for Design Standards in Section other side that does not face every lineal foot of building 17.12.080 residentially used or designated frontage or 60 sq. ft., whichever is property less Shall not be located above the eave of On secondary frontage, 1/2 sq. ft. the roof line or above the parapet of for every lineal foot of secondary the roof building frontage or 30 sq. ft. maximum area, whichever is less No more than 75% may be included in sign copy Exempt Exempt Signs Refer to Section 17.12.050
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A. Freestanding, Single Tenant Buildings. Except as otherwise provided in this Section for specified uses, commercial and industrial businesses not located in a shopping center or building complex as defined in Section 17.12.110.C.1 may be permitted the signs listed below and in Table 17.12.110.A.
1. Freestanding signs. A single freestanding sign may be permitted subject to the following standards:
a. Dimensions. The freestanding sign on the primary frontage shall not exceed 50 square feet in sign face area, of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated to a sign frame as provided in Section 17.12.080 (Design Standards). The sign structure shall not exceed 14 feet in height. The maximum length of any one dimension of the sign face shall not exceed 10 feet.
b. Location. The sign structure shall be set back a minimum of 1 foot from the front property line, and 10 feet from any side or rear property line, except that no freestanding sign shall be erected within 30 feet of a property residentially used or designated property.
2. Wall signs. Wall signs may be permitted subject to the following standards:
a. Number. One wall sign may be permitted for the primary frontage, and 1 wall sign may be permitted for any other side of the building that does not face residentially used or designated property.
b. Dimensions. The sign located on the primary frontage shall not exceed 1 square foot of sign area for each lineal foot of building frontage, or 75 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy. Signs located on any other side of the building shall not exceed 1/2 square foot of sign area for each lineal foot of building frontage, or 40 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy.
c. Placement. The sign shall not extend above the eave of the roof line or above the parapet of the roof.
3. Awning sign. Awnings that contain sign copy may be permitted over doors and/or windows located on the ground floor of a building. An awning shall be proportionate to the width of the door or the window above which it is located. Sign copy shall be applied flat against the leading edge of the awning that is parallel the building wall, and shall not be permitted on the shed, barrel, or slope portion of the awning. Temporary signs shall
Page 17.12 - 38 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs not be attached to an awning. The cumulative sign area of the awnings on a building wall shall not exceed the maximum allowed for a wall sign, as provided in Paragraph 2 (b) above. Awnings shall have a minimum of 8 feet vertical clearance from ground level to the bottom of the sign. Multiple awning signs on a building shall be of a uniform design, size and height.
4. Projecting sign or roof sign. When the existing building architectural design restricts the placement of allowable wall signs as determined by the Planning Director, a projecting sign or roof sign may be substituted for the wall sign provided that no more than one sign is provided per building frontage, as provided in Paragraph 2 (a) above. Such signs shall be subject to the following standards:
a. Projecting sign. One projecting sign may be substituted for a wall sign on the primary frontage, and 1 projecting sign on any other side of the building that does not face residentially used or designated property. The maximum sign face shall be 12 square feet in area and the maximum dimension of any side shall be 6 feet in length. A minimum of 8 feet of clearance shall be provided, as measured from the ground level to the bottom edge of the sign. The leading projecting edge of the sign shall be setback a minimum of 1 foot from the property line. A decorative support frame or bracket shall be required.
b. Roof sign. One roof sign may be substituted for a wall sign on the primary frontage, and 1 roof sign on any other side of the building that does not face residentially used or designated property. Such signs shall be located on the lower one-half portion of the roof below the peak of the roof. The sign area for a roof sign shall be subject to the maximum area for a wall sign as provided in Paragraph 2 (b) above.
Page 17.12 - 39 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.A: Permitted Sign Types for Freestanding Single Tenant Buildings STANDARDS CLASS TYPE Location Dimensions Other Requirements Identification Freestanding 1 ft. minimum setback from front 50 sq. ft. maximum sign area of Minimum width of a monument Sign property line which no more than 75% may be sign shall be two times the height 10 ft. minimum setback from any included in the sign copy Design Standards in Section side or rear property line 25% minimum of sign face area for 17.12.080 30 ft. minimum setback from any a sign frame property designated for residential 14 ft. maximum height use 10 ft. maximum length of any one dimension
Incentive Same as above Up to 25% increase in sign area, Same as above subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply
Wall Sign 1 on primary frontage and 1 on any Primary Frontage: 1 sq. ft. for Design Standards in Section other side that does not face every lineal foot of building 17.12.080 residentially used or designated frontage or 75 sq. ft., whichever is property less Secondary Frontage: 1/2 sq. ft. for Shall not be located above the eave every lineal foot of secondary of the roof line or above the building frontage or 40 sq. ft. parapet of the roof maximum area, whichever is less. No more than 75% may be included in sign copy
Page 17.12 - 40 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.A: Permitted Sign Types for Freestanding Single Tenant Buildings STANDARDS CLASS TYPE Location Dimensions Other Requirements Projecting 1 projecting sign in lieu of a wall 12 sq. ft. maximum sign area Decorative support frame or Sign sign, where existing building design 6 ft. maximum length of any one bracket restricts placement of a wall sign, dimension Design Standards in Section as determined by the Planning 8 ft. minimum clearance from 17.12.080 Director ground level to bottom edge of sign 1 on primary frontage and 1 on secondary frontage, where not facing residentially used or designated property 1 ft. minimum setback from property line Roof Sign 1 roof sign in lieu of a wall sign, Same size and dimensions as for Design Standards in Section where existing building design wall signs, listed above and in 17.12.080 restricts placement of a wall sign, Paragraph 2(b) of this Section as determined by the Planning Director 1 on primary frontage and 1 on secondary frontage, where not facing residentially used or designated property Shall be located on the lower half portion of the roof below the peak Awning Sign Over doors and windows located Shall be proportionate to the width Multiple awnings on one building on the ground floor of a building of the door or window face shall be of a uniform design, Sign copy shall be applied flat Cumulative sign area shall not size and height against the leading edge of the exceed maximum allowed for a wall Temporary signs shall not be awning that is parallel the building sign attached to an awning wall, and shall not be permitted on 8 ft. minimum vertical clearance the shed, barrel, or slope portion of from ground level to bottom of sign the awning Exempt Exempt Signs Refer to Section 17.12.050 Page 17.12 - 41 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs B. Freestanding Buildings with Multiple Tenants. Each commercial and industrial building with multiple tenants that is freestanding and not located in a shopping center or building complex as defined in Section 17.12.110.C.1 may be permitted the signs listed below and in Table 17.12.110.B.
1. Freestanding signs. Freestanding signs may be permitted subject to the following standards:
a. Number. One freestanding pole or monument sign may be permitted.
b. Dimensions. The sign area shall not exceed 75 square feet in sign face, of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated to a sign frame as provided in Section 17.12.080 (Design Standards). The sign structure shall not exceed 14 feet in height. The maximum length of any one dimension of the sign shall be 12 feet.
c. The sign structure shall be set back a minimum of 1 foot from the front property line, and no closer than 10 feet from any side or rear property line, except that no freestanding sign shall be erected within 30 feet of a residentially used or designated property.
2. Individual tenant signs. Each tenant may be permitted the following signs:
a. Wall signs. One wall sign on the primary frontage, not to exceed 1 square foot of sign area for each lineal foot of building frontage or 75 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy. One wall sign for any other side of the building that does not face residentially used or designated property, not to exceed ½ square feet of sign area for each lineal foot of building frontage, or 40 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy. The sign shall not extend above the eave of the roof line or above the parapet of the roof.
b. Canopy signs. One canopy sign, not exceeding 5 square feet of sign area and one and 1½ feet in height, may be permitted. Each canopy sign shall have a minimum of 8 feet vertical clearance from ground level to the bottom of the sign. All canopy signs within the center or complex shall be of a uniform design, size and height.
3. Directory signs. For the purpose of providing convenient identification to customers and emergency services or personnel, a directory sign may be permitted for buildings having more than one tenant as follows:
Page 17.12 - 42 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs a. Number. One directory sign may be permitted per building, for the tenants located in the building. b. Dimensions. The directory signs shall not exceed 30 square feet in area and 5 feet in height, including the base. c. Placement. The directory sign may be mounted on the building, or may be a freestanding monument sign. Freestanding directory signs shall not interfere with primary freestanding identification signs and shall be placed no closer than 30 lineal feet from other freestanding signs.
Page 17.12 - 43 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.B: Permitted Sign Types for Freestanding Buildings with Multiple Tenants STANDARDS CLASS TYPE Location Dimensions Other Requirements Identification Freestanding 1 ft. minimum setback from front 75 sq. ft. maximum sign area of Minimum width of a monument Sign property line which no more than 75% may be sign shall be two times the height included in the sign copy 10 ft. minimum setback from any Design Standards in Section side or rear property line 25% minimum of sign face area for 17.12.080 a sign frame 30 ft. minimum setback from residentially used or designated 14 ft. maximum height property 12 ft. maximum length of any one dimension Incentive Same as above Up to 25% increase in sign area, Same as above subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply. Wall Sign For each tenant Primary Frontage: 1 sq. ft. for Applicable Design Standards in every lineal foot of building Section 17.12.080 1 on primary frontage and 1 on any frontage or 75 sq. ft., whichever is other side that does not face less residentially used or designated property Secondary Frontage: 1/2 sq. ft. for every lineal foot of secondary Shall not be located above the eave building frontage or 40 sq. ft. of the roof line or above the maximum area, whichever is less parapet of the roof No more than 75% may be included in sign copy
Page 17.12 - 44 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.B: Permitted Sign Types for Freestanding Buildings with Multiple Tenants STANDARDS CLASS TYPE Location Dimensions Other Requirements Canopy Sign For each tenant 5 sq. ft. maximum sign area All canopy signs shall be of a uniform design, size and height 1½ ft. maximum height Hangs from underside of the 8 ft. minimum vertical clearance canopy (see Section 17.12.020 for from ground level to the bottom of definition) sign
Directory Wall or 1 per building, for the tenants 30 sq. ft. maximum sign area For freestanding monuments, 30 ft. freestanding located in the building minimum distance between other monument 5 ft. maximum height freestanding signs on the site sign
Exempt Exempt Signs Refer to Section 17.12.050
Page 17.12 - 45 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs C. Shopping Centers and Building Complexes.
1. Classification. For purposes of this Section, shopping centers and building complexes shall be distinguished as follows:
a. Small shopping centers and building complexes shall mean those having 5 gross acres in area or less.
b. Large shopping centers and building complexes shall mean those having more than 5 gross acres in area.
2. Small shopping centers and building complexes. Permitted signs include those listed below and in Table 17.12.110.C.2:
a. Freestanding signs. One freestanding sign may be permitted, subject to the following standards:
(1) Each center or complex may have no more than 1 freestanding sign. Sign shall be placed no closer than 30 lineal feet from any other freestanding signs. The distance requirement may be modified by up to 10 percent through approval of a sign program.
(2) The sign face shall not exceed 75 square feet in area of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated to a sign frame as provided in Section 17.12.080 (Design Standards). The sign structure shall not exceed 14 feet in height.
(3) Sign structures shall be located no closer than 1 foot from the front property line, and no closer than 10 feet from any side or rear property line.
(4) Freestanding signs shall be located a minimum of 30 feet or 1/2 the lot width, whichever is greater, from residentially designated property.
(5) Sign lettering shall be clearly readable to persons in vehicles traveling at the posted speed limit. As a general rule, the sign should not contain more than ten pieces of information (including words, initials, numerals, symbols or logos). Letter size, font, letter spacing, letter colors and color of background shall be considered in determining legibility.
(6) One monument sign may be permitted in addition to the freestanding sign provided that the business names identified on the additional sign shall not be duplicated. The additional monument sign is intended to provide each
Page 17.12 - 46 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs tenant within shopping centers visibility at the street and public safety and convenience for vehicular traffic. The maximum sign area of the additional monument sign shall not exceed 60 square feet, except when the sign qualifies for sign area incentives pursuant to Paragraph A of Section 17.12.080 (Design Standards). Signs shall comply with standards listed in Paragraphs (1) through (5) above.
b. Individual tenants within small shopping centers and building complexes shall be permitted the following signs:
(1) Wall signs. One wall sign on the primary frontage, not to exceed 1 square foot of sign area for each lineal foot of building frontage or 75 square feet, whichever is less; of which no more than 75 percent may be included within the sign copy. One wall sign for any other side of the building that does not face residentially used or designated property, not to exceed 1/2 square feet of sign area for each lineal foot of building frontage, or 40 square feet, whichever is less, of which no more than 75 percent may be included within the sign copy.
(2) Canopy signs. One canopy sign, not exceeding 5 square feet of sign area and 1½ feet in height, may be permitted. Each canopy sign shall have a minimum of 8 feet vertical clearance from ground level to the bottom of the sign. All canopy signs within the center or complex shall be of a uniform design, size and height.
c. Directory signs. A directory sign may be permitted for sites having more than one tenant as follows:
(1) Number. One directory sign may be permitted per building, for the tenants located in the building.
(2) Dimensions. The directory signs shall not exceed 30 square feet in area and 5 feet in height, including the base.
(3) Placement. The directory sign may be mounted on the building, or may be a freestanding monument sign. Freestanding directory signs shall not interfere with primary freestanding identification signs and shall be placed no closer than 30 lineal feet from a freestanding pole or monument identification sign.
3. Large shopping centers and building complexes. Permitted signs include those listed below and in Table 17.12.110.C.3:
a. Freestanding signs. Freestanding signs may be permitted subject to the following standards:
Page 17.12 - 47 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs (1) Each center or complex may have no more than 1 freestanding sign. Sign shall be placed no closer than 30 lineal feet from any other freestanding signs. The distance requirement may be modified by up to 10 percent through approval of a sign program.
(2) The sign face shall not exceed 100 square feet in area of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign faces shall be dedicated to sign frames as provided in Section 17.12.080 (Design Standards). The sign structure shall not exceed 14 feet in height.
(3) Sign structures shall be located no closer than 1 foot from the front property line, and no closer than 10 feet from any side or rear property line.
(4) Freestanding signs shall be located a minimum of 50 feet or 1/2 the lot width, whichever is greater, from residentially designated property.
(5) Sign lettering shall be clearly readable to persons in vehicles traveling at the posted speed limit. As a general rule, the sign should not contain more than ten pieces of information (including words, initials, numerals, symbols or logos). Letter size, font, letter spacing, letter colors and color of background shall be considered in determining legibility.
(6) One or more monument sign(s) may be permitted in addition to the freestanding sign provided that the business names identified on the additional sign(s) shall not be duplicated. The additional monument sign(s) is intended to provide each tenant within shopping centers visibility at the street and public safety and convenience for vehicular traffic. The maximum combined sign area of the additional monument sign shall not exceed 80 square feet, except when the sign qualifies for sign area incentives pursuant to Paragraph A of Section 17.12.080 (Design Standards). Signs shall comply with standards listed in Paragraphs (1) through (5) above.
b. Individual tenant signs within large shopping centers and building complexes shall be permitted the following signs:
(1) Wall signs. One wall sign may be permitted on the primary frontage, not to exceed 1 square foot of sign area for each lineal foot of building frontage or 100 square feet, whichever is less, of which no more than 75 percent may be included within the sign face. One wall sign may be permitted for any other side of the building that does not face residentially used or designated property, not to exceed 1/2 square feet of sign area for
Page 17.12 - 48 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs each lineal foot of building frontage or 50 square feet total, whichever is less in area, of which no more than 75 percent may be included within the sign face.
(2) Canopy signs. One canopy sign not exceeding 5 square feet of sign area and 1 ½ feet in height may be permitted. Each canopy sign shall have a minimum of 8 feet vertical clearance from ground level to the bottom of the sign. All canopy signs within the center shall be of a uniform design, size and height. c. Directory signs. A directory sign may be permitted sites having more than one tenant as follows:
(1) Number. One directory sign may be permitted per building, for the tenants located in the building.
(2) Dimensions. The directory sign shall not exceed 30 square feet in area and 5 feet in height, including the base.
(3) Placement. The directory sign may be mounted on the building, or may be a freestanding monument sign. Freestanding directory signs shall not interfere with primary freestanding identification signs and shall be placed no closer than 30 lineal feet from a freestanding pole or monument identification sign.
Page 17.12 - 49 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.C.2: Permitted Sign Types for Shopping Centers and Building Complexes Small Shopping Centers STANDARDS CLASS TYPE Location Dimensions Other Requirements Identification Freestanding 1 ft. minimum setback from front 75 sq. ft. maximum sign area of Minimum width of a monument Sign property line which no more than 75% may be sign shall be two times the height included in the sign copy 10 ft. minimum setback from any Signs should not contain more than side or rear property line 25% minimum of sign face area for 10 pieces of information for a sign frame legibility 30 ft. or ½ the lot width, whichever is greater, minimum distance from 14 ft. maximum height Design Standards in Section residentially designated property 17.12.080
30 ft. between other freestanding signs on the site Incentive Same as above Up to 25% increase in sign area for Same as above the allowable freestanding sign, subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply. 1 additional Same as above 60 sq. ft. max. sign area Business names shall not be monument duplicated on the additional sign May qualify for up to up to 25% monument sign – intended to increase in sign area, subject to provide visibility for each tenant compliance with design criteria listed under Section 17.12.080.A. Same as above
All other standards, listed above, shall apply.
Page 17.12 - 50 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.C.2: Permitted Sign Types for Shopping Centers and Building Complexes Small Shopping Centers STANDARDS CLASS TYPE Location Dimensions Other Requirements Wall Sign For each tenant Primary Frontage: 1 sq. ft. for Design Standards in Section every lineal foot of building 17.12.080 1 on primary frontage and 1 on any frontage or 75 sq. ft., whichever is other side that does not face less residentially used or designated property Secondary Frontage: 1/2 sq. ft. for every lineal foot of secondary Shall not be located above the eave building frontage or 40 sq. ft. of the roof line or above the maximum area, whichever is less parapet of the roof No more than 75% may be included in sign copy Canopy Sign For each tenant 5 sq. ft. maximum sign area All canopy signs shall be of a uniform design, size and height 1½ ft. maximum height Hangs from underside of the 8 ft. minimum vertical clearance canopy (see Section 17.12.020 for from ground level to the bottom of definition) sign Directory Wall or 1 per building, for the tenants 30 sq. ft. maximum sign area For freestanding monuments, 30 ft. freestanding located in the building minimum between other monument 5 ft. maximum height freestanding signs on the site sign
Exempt Exempt Signs Refer to Section 17.12.050
Page 17.12 - 51 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.C.3: Permitted Sign Types for Shopping Centers and Building Complexes Large Shopping Centers STANDARDS CLASS TYPE Location Dimensions Other Requirements Identification Freestanding 1 ft. minimum setback from front 100 sq. ft. maximum sign area of Minimum width of a monument Sign property line which no more than 75% may be sign shall be two times the height included in the sign copy 10 ft. minimum setback from any Signs should not contain more than side or rear property line 25% minimum of sign face area for 10 pieces of information for a sign frame legibility 50 ft. or ½ the lot width, whichever is greater, minimum distance from 14 ft. maximum height Design Standards in Section residentially designated property 17.12.080
30 ft. between other freestanding signs on the site Incentive Same as above Up to 25% increase in sign area for Same as above the allowable freestanding sign, subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply. 2 or more Same as above 80 sq. ft. max. combined sign area Business names shall not be monument duplicated on the additional signs May qualify for up to up to 25% monument sign – intended to increase in sign area incentive, provide visibility for each tenant subject to compliance with design criteria listed under Section Same as above 17.12.080.A.
All other standards, listed above, shall apply. Page 17.12 - 52 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.C.3: Permitted Sign Types for Shopping Centers and Building Complexes Large Shopping Centers STANDARDS CLASS TYPE Location Dimensions Other Requirements Wall Sign For each tenant Primary Frontage: 1 sq. ft. for Design Standards in Section every lineal foot of building 17.12.080 1 on primary frontage and 1 on any frontage or 100 sq. ft., whichever is other side that does not face less residentially used or designated property Secondary Frontage: 1/2 sq. ft. for every lineal foot of secondary Shall not be located above the eave building frontage or 50 sq. ft. of the roof line or above the maximum area, whichever is less parapet of the roof No more than 75% may be included in sign copy
Canopy Sign For each tenant 5 sq. ft. maximum sign area All canopy signs shall be of a uniform design, size and height 1½ ft. maximum height Hangs from underside of the 8 ft. minimum vertical clearance canopy (see Section 17.12.020 for from ground level to the bottom of definition) sign
Directory Wall or 1 per building, for the tenants 30 sq. ft. maximum sign area For freestanding monuments, 30 ft. freestanding located in the building 5 ft. maximum height minimum between other monument freestanding signs on the site sign
Exempt Exempt Signs Refer to Section 17.12.050
Page 17.12 - 53 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs D. Miscellaneous commercial uses. These uses include fast food restaurants, automated or manual service facilities, and gasoline service stations. Due to the unique nature of these commercial uses, permitted signs include those listed below and in Table 17.12.110.D:
1. Gasoline service stations. Gasoline service stations may be permitted the following signs:
a. Freestanding. Freestanding sign may be permitted subject to the following standards:
(1) Number. One freestanding sign may be permitted for each gasoline service station.
(2) Dimensions. Except when combined with a price sign, the sign face shall not exceed 40 square feet in area, of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated a sign frame as provided in Section 17.12.080 (Design Standards). The sign shall not exceed 14 feet in height. When combined with a price sign, the sign face shall not exceed 55 square feet in area, of which no more than 75 percent may be included within the sign copy. An additional area measuring a minimum of 25 percent of the sign face shall be dedicated to a sign frame as provided in Section 17.12.080 (Design Standards). Maximum length of any one dimension of the sign shall be 10 feet.
(3) Location. The sign structure shall be located a minimum of 1 foot from the front property line and 10 feet from any side or rear property line, except that no freestanding sign shall be erected within 30 feet of residentially used or designated property.
b. Wall sign. Wall signs may be permitted subject to the following standards:
(1) Number. One wall sign may be permitted for the primary frontage and one wall sign for any other side of the building that does not face residentially used or designated property.
(2) Dimensions. The sign located on the primary frontage shall not exceed 1 square foot of sign area for each lineal foot of building frontage or 75 square feet, whichever is less, of which no more than 75 percent may be included within the sign face. The sign located on any other frontage shall not exceed 1/2 square feet of sign area for each lineal foot of building frontage or 40 square feet, whichever is less, of which no more than 75 percent may be included within the sign face.
Page 17.12 - 54 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs (3) Placement. The sign shall not extend above the eave of the roof line, the parapet or the roof.
c. Price sign. Price signs may be permitted subject to the following standards:
(1) Number. One gasoline or fuel price sign per street frontage may be permitted.
(2) Dimensions. Each sign face shall not exceed 15 square feet in area. The sign shall not exceed 5 feet in height.
(3) Placement. The sign shall be placed on the ground, except as provided in Paragraph 1.a. (2) of this Section.
(4) Information. The sign shall display the information required by Sections 13530-13540 of the Business and Professions Code and Section 4201 of Title 4 of the California Administrative Code in the manner required by those sections, as amended.
2. Fast food restaurants. In addition to other sign provisions of this Section, fast food restaurants with a drive-through may be permitted menu board signs subject to the following standards:
a. Number. A maximum of 2 menu boards may be permitted per fast food restaurant in the drive-through aisle.
b. Dimensions. Menu boards shall not exceed 25 square feet in sign face area each, or 50 square feet in cases where only 1 menu board is proposed. The sign shall not exceed 6 feet in height, including the base. For determining this maximum area, any pictures or photographs of food products on the perimeter of the board shall be included within the computation of the maximum area for such board.
3. Automated or manual service facilities. Signs for drive-up or walk-up service windows or machines, whether freestanding or incorporated into a building, require special consideration which, because of their unlimited variety and character, a uniform sign entitlement cannot be established. Therefore, the sign allowance for such facilities shall be determined when the sign permit application is being reviewed on the basis of their function and use. In no event shall more than one sign be allowed for each machine, and such signs shall not exceed 5 square feet in area. Such signs shall not be allowed as a method for increasing the basic sign entitlement for the principal use or to function as off-site advertising of the principal use. Examples of such facilities are drive-up or walk- up windows for banks, restaurants, liquor and grocery stores, pharmacies, film processors, propane lockers, DVD sales, bait freezers and ice boxes.
Page 17.12 - 55 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.D: Permissible Signs for Miscellaneous Uses Gasoline Service Stations: STANDARDS CLASS TYPE Location Dimensions Other Requirements Identification Freestanding Sign 1 ft. from front property line 40 sq. ft. in area Minimum width of a When combined with a Price monument sign shall be two 10 ft. from any side or rear Sign, 55 sq. ft. in area times the height, refer to property line No more than 75% may be definitions in Section 17.12.020 included within the sign face 30 ft. minimum from 25 % of the sign face shall be residentially used or designated dedicated a sign frame property 14 feet maximum height 10 feet maximum length of any dimension Incentive Same as above Up to 25% increase in sign area, Same as above subject to compliance with design criteria listed under Section 17.12.080.A. All other standards, listed above, shall apply. Wall Sign On primary frontage and on any Primary Frontage: 1 sq. ft. for Design Standards in Section other side that does not face every lineal foot of building 17.12.080 residentially used or designated frontage or 75 sq. ft., whichever property is less Secondary Frontage: 1/2 sq. ft. Shall not be located above the for every lineal foot of eave of the roof line or above secondary building frontage or the parapet of the roof 40 sq. ft. maximum area, whichever is less No more than 75% may be included in sign copy Page 17.12 - 56 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs Table 17.12.110.D: Permissible Signs for Miscellaneous Uses Gasoline Service Stations: STANDARDS CLASS TYPE Location Dimensions Other Requirements Price Sign Freestanding 1 gasoline or fuel price sign per See dimensions for The sign shall display the street frontage Freestanding Sign for combined information required by signs Sections 13530-13540 of the The sign shall be placed on the Business and Professions Code ground, except as provided in 15 sq. ft. in area and Section 4201 of Title 4 of Paragraph 1.a(2) of this Section the California Administrative 5 ft. in height Code in the manner required by those sections, as amended. Exempt Exempt Signs Refer to Section 17.12.050 Refer to Section 17.12.050 Verify Definitions in 17.12.020 Fast food restaurants: Drive-through Menu board sign 2 menu boards may be 25 sq. ft. each, or Any pictures or photographs of permitted per fast food 50 sq. ft. in cases where only 1 food products on the perimeter restaurant, in the drive-through menu board is proposed of the board shall be included aisle 6 ft. maximum height, including within the computation of the the base maximum area Identification Refer to the applicable Section or Table Automated or manual service facilities: Identification Freestanding or 1 sign for each machine 5 sq. ft. in area Shall not be allowed as method incorporated into for increasing the basic sign building Examples: drive-up/walk-up entitlement for the principal windows for banks, use or to function as off-site restaurants, liquor and grocery advertising of the principal use stores, pharmacies, film processors, propane lockers, Refer to paragraph 3 of this DVD sales, bait freezers and ice section boxes. Determined on the basis of their function and use
Page 17.12 - 57 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs 17.12.120 STATIC ELECTRONIC CHANGEABLE COPY SIGNS
A. Permit Required. The addition of a static electronic copy sign to an existing sign shall not be considered a change of copy and shall be subject to a sign permit. Any requests for a static electronic sign that does not comply with the size provisions shall require a Conditional Use Permit (CUP), except as specifically provided in this Section.
B. Standards. A static electronic changeable copy sign shall be permissible subject to the definition in Section 17.12.020; the applicable design standards, including a sign frame, in Section 17.12.080; and to the following standards.
1. Zoning. Electronic changeable copy shall not be permitted in residential zones.
2. Location. A static electronic changeable copy sign shall be incorporated into a freestanding sign and shall be placed below the identification portion of the sign face and on the lower portion of a sign structure. (For an example, refer to Figure 5 in Section 17.12.020 – Definitions).
3. Maximum Size. The sign shall not exceed 6 square feet in sign area and shall be inclusive of the maximum sign area allowed for the freestanding sign.
4. Number. No more than one two-sided sign may be permitted on a freestanding sign. No more than one static electronic changeable copy sign may be permitted on a property or within a shopping center or building complex site.
5. Interval. Changes of copy on the electronic board shall remain motionless and shall not change more than once every 24 hours, with the exception of time and temperature signs and gas price signs.
6. Illumination Intensity (Brightness). The illumination intensity shall be consistent with Paragraph H of Section 17.12.080 (Design Standards), where the illumination shall be considered excessive if it is substantially greater than the illumination of nearby signs, when it interferes with the visibility of other signs or with perception of objects or buildings in the vicinity of the sign, if it directs glare toward streets or motorists, if it adversely impacts nearby residences or neighborhoods, or if the illumination reduces the nighttime readability of the sign. Signs shall incorporate a dimmer, in order to ensure adjustment of the sign’s brightness for compatibility with ambient light levels.
7. Orientation. Such signs shall be oriented to avoid direct visibility from residential uses or residential zones.
8. Colors. The background color of the electronic board shall be limited to black, brown, or dark green. The numbers, letters, and pictorial graphics shall limited to white or primary colors. Fluorescent or neon colors shall not be permitted.
Page 17.12 - 58 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs 17.12.130 VILLAGE SIGN REGULATIONS
A. Intent. The Village Specific Plan, Ordinance No. 87-142, has been adopted by the City of Big Bear Lake containing development standards and design guidelines to address specific development issues within the Village, as further described in the Specific Plan itself. This Section is intended to implement the goals and objectives of the Village Specific Plan, and to replace the sign regulations contained herein.
B. Applicability. The provisions described in this Section shall apply to all areas subject to the Village Specific Plan, as defined in the Specific Plan and illustrated on the Village Specific Plan Zoning Map. Signs for uses located in commercial and public/quasi-public districts shall conform to the commercial sign requirements of this Chapter, and signs for uses located in the residential district shall conform to the residential sign requirements of this Chapter, in addition to the requirements of this Section.
C. Village sign standards. All provisions of this Chapter shall apply to signs within the Village Specific Plan, except as modified below:
1. Area. Freestanding signs shall not exceed 24 square feet in sign area.
2. Setbacks. The leading edge of freestanding and projecting signs shall be no closer than 1 foot from the front property line and no closer than 1 foot from any pedestrian easement or walkway. Canopy signs may overhang pedestrian easements or walkways by no more than 36 inches, provided the lowest edge shall be no lower than 8 feet.
3. Height. Freestanding signs shall not exceed 10 feet.
4. Roof Signs. Roof signs shall not be permitted unless no other allowable sign location is available. Where allowed, roof signs shall be located on the lower one-half of the roof and shall not extend above the roof line or parapet line.
D. Special event banners in the Village. Special event banners temporarily installed on the Village light pole brackets or on the unmarked side of the Village overhead signs shall be allowed subject to prior review and approval by the City Planner, subject to the sign standards set forth below. For purposes of this Section, special events shall be defined as events that are public in nature and have a general community or charitable benefit, including but not limited to festivals, barbecues, or sporting events. A temporary sale, business promotion, grand opening, or other event primarily of a promotional or advertising nature shall not be considered a special event, unless the event is meant to benefit all businesses within the Village Specific Plan area. For purposes of this Section, generic/seasonal banners purchased through Landscape, Lighting, and Maintenance District No. 1-92 (hereafter called “1-92” banners) shall be considered special event light pole-mounted banners and shall be permitted subject to the provisions of this Section.
1. Special event banner. In approving special event light pole-mounted and overhead sign- mounted banners the following standards shall apply:
Page 17.12 - 59 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs a. Banners shall conform to the provisions of this Chapter and all artwork, including lettering, shall be of professional quality. Fluorescent colors shall be discouraged. All banners for a specific event shall be of similar design theme and part of a cohesive banner program.
b. Light pole-mounted banners shall be of the same size and quality as the 1-92 banners unless specific permission is granted by the City Planner.
c. Overhead banners shall conform to size and attaching hardware requirements as established by the Public Works Department, as these requirements may be changed from time to time.
2. Number allowed. A minimum of 10 light pole-mounted banners placed along either Village Drive or Pine Knot Avenue and a maximum of 2 overhead sign-mounted banners shall be allowed per special event.
3. Time period. Banners may be installed a maximum of 15 days prior to the opening of the event and shall be removed within 3 days following the close of the event. In the absence of an approved display of some other light pole-mounted banners, the 1-92 banners may be displayed indefinitely and may be customarily changed without City Planner approval. Priority and special consideration may be given to the display of 1-92 banners for up to 30 consecutive days provided that the City Planner is notified at least 90 days prior to the start of the desired display period.
4. Procedures for application and installation.
a. To allow adequate time for banner installation, approval of special event banners in the Village shall be obtained through issuance of a sign permit application by the City Planner no later than 15 days prior to the intended date of installation, and no sooner than 30 days prior to the commencement date of the special event. No banners may be placed along Village streets without an approved sign permit.
b. Applications for banners shall be considered on a first-come, first-served basis. If permit applications for more than one event scheduled for the same or overlapping dates are received concurrently, equal consideration shall be given to all applications and the City Planner may divide the number of banners equally among the applicants and/or approve placing banners for one event on Village Drive and another on Pine Knot Avenue. Priority and special consideration may be given to events that take place within and generally benefit the Village Specific Plan area provided that the City Planner is notified at least 90 days prior to the installation date of special event banners.
c. Banners shall be installed and removed only by the Public Works Department except as otherwise approved by the City. At least 15 days prior to the
Page 17.12 - 60 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs installation date, the applicant shall contact the Public Works Maintenance Manager/Superintendent to schedule City maintenance staff time for installation and removal of the banners.
d. The applicant shall pay the actual costs to the City of banner installation and removal, unless said charges are waived by the City Council or the event is co- sponsored by the City. These costs shall include, without limitation, the removal of 1-92 banners, installation and removal of special event banners and reinstallation of 1-92 banners. Such costs also include, without limitation, repair of mounting brackets and installation of hardware, and traffic control during installation and removal. The City Council may from time to time, by resolution, adopt fees to be paid to the City related to the matters set forth herein. Such fees may be changed from time to time, by resolution of the City Council, and all such fees shall be paid by the applicant to the City prior to the installation of any banner.
17.12.140 BUSINESS DIRECTIONAL SIGNS
Business directional signs, which direct attention to a business, function, or establishment and that are erected at a location other than the property on which that business, function, or establishment is located, shall be permitted for businesses which are located within the City of Big Bear Lake, pursuant to the provisions of this Section. It is the intent of the City Council, in allowing such signs, to provide for public safety by directing traffic off of State Highway 18 at appropriate locations so as to minimize traffic congestion. In addition, it is the intent of the City Council to provide for the convenience of visitors to the City who are seeking recreational facilities and other attractions, thereby providing for an enjoyable experience by visitors, promoting the visitor-oriented facilities in the City, and contributing to the economic viability of City businesses. As such, business directional signs may contain copy indicating the name and type of business, and a directional symbol or wording; such signs shall not contain advertising information, because such additional information could obscure traffic directional information.
A. Number permitted. The number permitted per business located within the City of Big Bear Lake shall be as follows:
1. Except as provided in Paragraph 2 below for winter ski and snowboard resorts, marinas, golf courses, and other public recreational venues, 1 such sign may be located on primary or secondary arterials as identified in the General Plan Circulation Element, provided that the business shown on the directional sign is not located on Big Bear Boulevard; and
2. Winter ski and snowboard resorts, marinas and golf courses may each be allowed 2 off- site business directional signs, provided that the business shown on the directional sign is not located on Big Bear Boulevard,
Page 17.12 - 61 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs
B. Sign location and size:
1. A business directional sign shall be approved only where the existing site signs comply with the current sign provisions of this Chapter.
2. Signs shall be attached to an existing freestanding sign. When an existing freestanding sign is not available, sign location and type shall be determined by the land use district in which the sign is proposed to be located and shall be subject to Planning Commission review and approval.
3. Except as provided in Paragraph 5 below for winter ski and snowboard resorts, marinas and golf courses, sign area shall not exceed 12 square feet per directional sign.
4. Total cumulative sign area on the site or building displaying the business directional sign shall be in addition to that which is otherwise permitted for that site or building by this Chapter.
5. Maximum sign area for directional signs for winter ski and snowboard resorts, marinas golf courses, and other public recreational venues shall not exceed 36 square feet, which shall be calculated in addition to the total sign area allowed on the parcel on which such sign is placed.
6. The business directional sign area shall be only associated with the subject parcel located off Big Bear Boulevard. The area for the business directional sign shall not be used by any other on-site business.
C. Property Owner Authorization. Permission from the owner of the property where business directional signs are located shall be submitted to the City Planner, along with the sign permit application.
17.12.150 TEMPORARY SIGNS
A. Temporary use and special event signs.
1. Signs to identify locations of temporary uses and special events may be permitted as part of the approval of a temporary use permit or special event permit, without additional sign permits, provided that they meet the requirements of this Section. Procedures for Special Event Permits and Temporary Use Permits are located in Chapter 17.03. Temporary uses include but may not be limited to seasonal activities such as holiday tree sales, sales of pumpkins, and haunted houses during limited seasonal periods. Major special events include but are not limited to circuses, carnivals, festivals, outdoor concerts, bicycle races, marathons, car shows, and other activities similar in scope and nature. Minor special events include but are not limited to yard sales, parking lot sales, small-scale arts and crafts sales, bake sales, grand openings, and car washes. Page 17.12 - 62 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs
2. Signs for minor special events and temporary uses shall be limited to 1 per use and shall be located on-site. Signs for major special events shall not exceed 6 per event and may be located on- or off-site, with proof of property owner permission. The sign area and height shall be the same as for temporary noncommercial signs; maximum size of the sign shall not exceed 32 square feet and the top of the sign shall not be placed higher than 8 feet above grade.
3. Permitted sign types for special events include the following:
a. Pennants and streamers;
b. Human signs, provided they do not obstruct or interfere with pedestrian or vehicular traffic;
c. Balloons and inflatable signs;
d. Beacons.
e. Banners, including feather banners.
f. Portable freestanding signs, such as A-frames.
4. Special event signs may be displayed no more than 30 days prior to the special event and shall be taken down no later than 5 days after the event. Signs for other temporary uses may be displayed only during the duration of the temporary use.
5. Temporary use and special event signs shall not be included in the determination of number or area of signs permitted for permanent signage on a site.
B. Transit-related temporary signs.
1. Transit-related temporary signs shall be allowed for the purpose of advertising products, services, goods, attractions, or events. These signs may be affixed to a coach, shelter, bench or other appurtenant facility owned or used by the coach company or agency. For the purposes of this Section, the term “coach” shall mean any motor bus, trackless trolley, passenger stage, shuttle, coach, cap, carriage, or other similar mode of transportation. Transit-related temporary signs may be used as specified in the agreement between the City of Big Bear Lake and the transit provider.
2. Such signs shall not interfere with nor impede pedestrian or vehicular traffic or circulation.
C. Temporary Commercial signs.
New business sign. New businesses or a business with a change of ownership may be permitted to have a temporary sign for a duration not to exceed up to thirty (30) consecutive days while processing a Sign Review application for a permanent sign. Such temporary sign may be a wall Page 17.12 - 63 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs sign or banner. The size, location, and placement of such signs shall not exceed the restrictions of this Chapter for permanent signs. Extensions of time may be authorized by the City Planner, not to exceed fifteen (15) additional days, in the event that the permanent sign installation is delayed.
17.12.160 VARIANCE PROCEDURES
A. Approval authority. The City Planner or his/her designee may grant a minor deviation (minor variance), with Planning Commission approval, from the regulations pertaining to signs. All other requests to deviate from the sign regulations in this Chapter shall be reviewed by the Planning Commission as a major deviation (variance), at a duly-noticed public hearing.
B. Application. In addition to an application for a sign permit and/or sign program, as applicable, the applicant shall submit an application for a minor or major deviation with the City Planner, on the form provided and accompanied by the required fee. The applicant shall have the burden of proving that the requested deviation is in conformance with the required findings.
C. Findings for approval. Prior to approval of a minor or major deviation for a sign, the reviewing authority shall make the following findings, as applicable:
1. The building or property on which the sign is to be located is subject to extraordinary or exceptional circumstances or hardship conditions that are not applicable to other properties or buildings within the same district. Exceptional circumstances or hardship conditions include: steep topography, trees, rock outcroppings, odd-shaped lots, substandard lots, natural drainage courses and similar existing conditions. For purposes of meeting this finding, economic reasons are not considered an exceptional or extraordinary circumstance or hardship condition.
2. The size will not be detrimental to surrounding uses or properties or the community in general;
3. The approval of the deviation/variance complies with the General Plan and the applicable previous of this Chapter; and
4. The strict application of the Development Code and this Chapter would prevent the property or business owner from enjoying the same privileges enjoyed by other owners within the same district.
Page 17.12 - 64 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs 17.12.170 NONCONFORMING SIGNS
A. Intent. It is the intent of this Section to encourage and promote compliance of existing signs with the provisions of this Chapter and the eventual elimination of nonconforming signs. The achievement of full compliance of all signs with the provisions of this Chapter is as important as the prohibition of new signs that would violate these regulations. If the sign is one defined by the Outdoor Advertising Act, Section 5499.1, it shall be abated following notice and hearing procedures required by Section 5499.1 et seq. of the Business and Professions Code.
B. Legal nonconforming signs. Every on-site sign becoming nonconforming as a result of this Article shall not be required to be removed, except as provided for in California Business & Professions Code Sections 5492, 5493, 5495, and 5497. An existing sign which was constructed in accordance with the ordinances and other applicable laws in effect on the date of construction and which has a current and valid sign permit but becomes nonconforming by adoption of this Chapter or other regulation will be allowed to remain within the amortization period unless any of the following occurs:
1. The sign structure is altered which makes the sign less in compliance with the requirement of this Chapter than it was before the alteration; or
2. The sign structure is relocated to a different location on the site or lot, making it less in compliance with the requirements of this Chapter; or
3. The sign or sign structure is replaced (excluding change of copy). On the happening of any one of 1, 2, or 3 of this Section, the sign shall be immediately brought into compliance with this Chapter with a new permit secured.
C. Eminent domain. Any sign that becomes subject to eminent domain proceedings shall be considered eligible for relocation assistance only, as provided in Section 72620 et seq. of the Government Code.
D. Repair and restoration of nonconforming structures. Maintenance, repair, and alterations of nonconforming signs that are not historic remain subject to Development Code Section 17.03.320.I, which states that no structural alteration shall be made if the expense of the restoration exceeds 50 percent of the replacement cost of the structure at the time the construction is proposed.
17.12.180 ENFORCEMENT
A. Any violations of this Chapter shall be subject to the enforcement remedies and penalties provided by this Chapter, the Big Bear Lake Development Code, Big Bear Lake Municipal Code, and by state and federal law. Each sign and each day is subject to separate infraction violations when applying penalties. It shall be an infraction to install, erect, fail to remove, or maintain any sign without a permit, as required by this Chapter. It shall also be a violation to install, erect, fail to remove, or maintain any sign in violation of this Chapter. Enforcement may be pursued by issuance of infraction citations, nuisance abatement, injunction, or other remedies available by law. All such penalties may be cumulative.
Page 17.12 - 65 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs
17.12.190 ABATEMENT OF ILLEGAL AND UNSAFE SIGNS
A. Nuisance abatement. Signs not in compliance with this Chapter may be declared to be a public nuisance, and be abated in accordance with the requirements of the Big Bear Lake Municipal Code.
B. Abatement. Signs located in the public right-of-way or signs which are not in compliance with this Chapter may be declared to be a de facto public nuisance subject to abatement by the Enforcement Officer. In addition to any criminal or civil penalties prescribed by law, the actual costs of abatement of such signs shall become a debt owed to the City by the person responsible for or causing placement of the sign. Said debt shall be subject to cost recovery.
C. Unmaintained sign abatement. All signs shall be kept in good repair at all times or shall be subject to the following:
1. If the sign is not repaired or under repair within 30 days after notification has occurred, the Enforcement Officer may issue an infraction citation.
2. If the sign is not repaired within 30 days after the first citation, a second citation may be issued to the owner and/or user of the sign, and such violation may continue to be assessed each day thereafter until the sign is repaired.
3. The Enforcement Officer, upon identification of a hazardous or unsafe sign, shall give written notice to the property owner or party responsible for the sign of the condition or conditions which render the sign hazardous or unsafe, and an order to abate the public nuisance caused by the existence of the hazardous or unsafe sign. The Enforcement Officer will determine an appropriate time period for abatement of the public nuisance, based on the degree of the hazard. At the expiration of the time period, if the hazard has not been voluntarily abated, the Enforcement Officer shall proceed to abate the nuisance in accordance with the procedures contained in the Big Bear Lake Municipal Code.
4. When it is necessary to make an inspection to enforce the provisions of this Chapter, or when the Enforcement Officer has reasonable cause to believe that there exists any sign or condition which makes such sign unsafe, abandoned, illegal or nonconforming, the Enforcement Officer may petition the Court to enter the lot, building, or premises on which such sign is located at all reasonable times to inspect the sign or to perform any duty imposed by this Chapter.
D. Sign removal. Every legal off-site sign becoming nonconforming as a result of this ordinance may be removed in accordance with the provisions of California Business & Professions Code Sections 5412, 5412.1, 5412.2, and 5412.3. All illegal signs listed below shall be forthwith removed by the owner or by the City with 48 hours notice to the owner.
Page 17.12 - 66 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
Big Bear Lake Development Code Chapter 17.12 – Signs 1. A sign which was legal but nonconforming that becomes illegal and nonconforming by the occurrence of C1, C2, or C3 above.
2. Any illegal sign.
3. A nonconforming sign which has exceeded its authorized amortization period.
4. An abandoned sign.
5. A display existing without permission of owner or lessee.
E. Amortization period. Except as otherwise provided in State law for redevelopment project areas, all legal nonconforming signs, other than portable freestanding signs, shall have a useful life and legal life of 15 years, calculated from the date of adoption of this ordinance. Upon expiration of the sign amortization period, the sign shall be removed by the owner without compensation. Upon determination that a sign is nonconforming, the Enforcement Officer will issue written notice to the owner or user of the sign or to the owner of the property on which the nonconforming sign is located, requiring conformance or removal therefore if unable to conform. The written notice shall require that the nonconforming portable freestanding sign be removed or altered to comply with the requirements of this Chapter within 30 days from the date of said notice. If, after a reasonable diligent attempt to serve written notice, the owner and user have not received notice, then the City must either post the notice or publish the notice in a local newspaper which is customarily used for notice by the City. If the sign remains thereafter, the City may proceed with abatement procedures or other legal methods, with such costs of removal by the City to be charged against the owner. Nothing in this Section shall preclude any owner or user from voluntarily conforming a nonconforming sign at any time prior to the expiration of the amortization period. For purposes of this Section, written notification deposited in the U.S. mail, or personal delivery, or posting, or publication in a local newspaper shall constitute proper notice.
F. Amortization period for nonconforming portable freestanding signs. All legal nonconforming portable freestanding signs shall be removed within 1 year of adoption of this ordinance. Upon expiration of the sign amortization period, the nonconforming portable freestanding sign shall be removed by the owner without compensation. Upon determination that a sign is nonconforming, the Enforcement Officer shall issue written notice to the owner or user of the sign or to the owner of the property on which the nonconforming portable freestanding sign is located and either post the notice or publish the same in a newspaper of general circulation in the City of Big Bear Lake. The written notice shall require that the nonconforming portable freestanding sign be removed or altered to comply with the requirements of this Chapter within 30 days from the date of said notice. If the nonconforming portable freestanding sign remains thereafter, the City may proceed with abatement proceedings or other legal methods, with such costs of removal by the City to be charged against the owner. Nothing in this Section shall preclude any owner or user from voluntarily conforming a nonconforming sign at any time prior to the expiration of the amortization period. For purposes of this Section, written notification deposited in the U.S. mail, or personal delivery, or posting, or publication in a local newspaper shall constitute proper notice.
Page 17.12 - 67 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11 Big Bear Lake Development Code Chapter 17.12 – Signs G. Inventory of signs. Within 6 months of the date of adoption of this Ordinance the City Planner shall cause to be performed an inventory of all on-premise and off-site directional signs within the City to identify those which are illegal or abandoned. For the purposes of this subparagraph, the term “illegal” denotes a sign which was erected without compliance with all ordinances and regulations in effect at the time of its construction and erection or use, and the term “abandoned” denotes a sign which remains in place or is not maintained for a period of 180 days which no longer advertises or identifies an ongoing business, product, or service available on the business premises where the sign is located (excluding seasonal businesses). When the inventory has been completed, the City Planner shall report the actual cost of conducting that inventory to the City Council so the Council may by resolution provide for the recoupment of that cost in the manner authorized by Section 5491.2 of the Business and Professions Code, if desired. Upon completion of the required inventory, the city shall consider at a public hearing with the opportunity for public comment, whether there is a need for the ordinance or regulation that prohibits the use of any on-premises advertising display to take effect. No later than 60 days after 6 months after the date of adoption of this Ordinance, the City shall commence abatement as provided in this Section of the illegal and abandoned signs identified by the inventory.
H. Nonconforming signs abatement. Nonconforming signs which may be abated without payment of compensation. Any sign which does not comply with the requirements of this Chapter and which may be abated without the payment of compensation pursuant to Section 5497 or 5498 of the Business and Professions Code shall be brought into compliance with the requirements of this Chapter as soon as may reasonably be accomplished and in no event later than 12 months after the date of adoption of this Ordinance, unless such period is extended by the Planning Commission for good cause shown. Any such sign which is not brought into conformance with the requirements of this Chapter within that time shall be deemed to be a public nuisance pursuant to California Government Code Section 38771 and shall be abated in accordance with the City's nuisance abatement procedures.
End of Chapter 17.12
Page 17.12 - 68 Ordinance 2000-310, Adopted 10/23/00 Ordinance 2009-391, Adopted 6/22/09 Ordinance 2011-415, Adopted 8/22/11
City of Big Bear Lake Development Code Chapter 17.13 – Special Events
CHAPTER 17.13 SPECIAL EVENTS
17.13.010 INTENT AND PURPOSE
The intent of this Chapter is to implement several policies and programs found in the Land Use and Open Space, Parks and Recreation Elements of the General Plan. Those policies and programs include the following. Land Use Element Policy LU 2.3 and the associated Program LU 2.3.5 were established to promote Big Bear Lake as a resort destination by developing standards for special events and simplifying the permitting process while protecting public health and safety and limiting impacts to residents and businesses. Open Space, Parks and Recreation Element Policy OPR 4.1 supports the maintenance and expansion of cultural programs and special events which will enhance the quality of life for City residents, enhance the experience of visitors, and expand economic development opportunities for local businesses. Program OPR 4.1.1 directs staff to evaluate proposals for special events to ensure that appropriate facilities and services will exist to support the event and to ensure that the event will not negatively impact residents or visitors.
In addition to the objectives expressed in the General Plan, this Chapter is intended to achieve the following objectives:
A. To encourage the production of outdoor special events and enable staff and applicants to determine the appropriate scope, scale, dates, and venues for such events;
B. To allow event organizers to produce special events for the benefit of the community, including businesses, citizens, and visitors;
C. To promote and protect public health, safety and general welfare during special events;
D. To protect property owners, business owners, and the general public from undue negative impacts that may be generated by special events;
E. To establish an effective process that enhances the community and promotes benefits to local property owners, business owners, and residences.
17.13.020 DEFINITIONS
As used in this Chapter, the terms and phrases, provided in alphabetical order below, shall have the following meanings:
Special event shall mean a temporary outdoor use or group of related temporary outdoor uses of limited duration not regularly conducted on a site as a normal, ongoing component of the primary land use occupying the site. Special events vary in size and intensity and are separated into Major special events and Minor special events as defined below and as generally categorized in Table 17.13.020.A.
17.13 - 1 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
Table 17.13.020.A. Event Size and Intensity Minor Major Special Event Special Event Small-impact Medium-impact Large-impact Has no or negligible Has negligible to Has a potential for Has potential for large impact due to short limited impact due to moderate impact due impact due to long duration and small relatively short to relatively long duration and large scale. duration and small duration and larger attendance. Also has attendance. Also has attendance. Also has significant potential limited potential for moderate potential for economic benefit. economic benefit. for economic benefit.
Special event, Major shall mean a special event which, as determined by the City Planner, has the potential to impact surrounding properties of the community because of the type or intensity of the proposed use, through generation of traffic, noise or other similar effects. Examples of Major special events include:
A. Circuses, rodeos, carnivals, food truck shows, fairs, and festivals;
B. Parades, excepting those that are protected by the right to free expression under federal or state law;
C. Outdoor concerts, cultural performances, and large scale arts and crafts shows;
D. Athletic races and recreational events, such as triathlons, marathons, and motorcycle rides;
E. Car shows, truck shows, and boat shows;
F. Certified Farmers Market or similar collective sale of produce and related goods;
G. Other events and activities similar in scope and nature to the above, as determined by the City Planner.
Special event, Minor shall mean a special event, which as determined by the City Planner, will cause no or negligible impact to the surrounding properties or the community due to its small scale, location, and the nature of the uses. Examples of Minor special events include:
A. Small-scale arts and crafts sales conducted on a site having adequate paved parking and access to accommodate the event without impacting primary uses on the site;
B. Bake sales, candy sales, and similar fundraising activities conducted on commercial premises, provided that no pedestrian or vehicular access will be blocked;
17.13 - 2 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events C. Seasonal activities, including the retail sale of agricultural products prior to and typically associated with holidays, such as Christmas trees or pumpkins, haunted houses or other similar events;
D. Grand openings of businesses in commercial zones provided that each such event shall last no longer than 15 consecutive days. For purposes of this section, “grand opening” shall mean outdoor activities on a site to celebrate a new structure, site improvement, or the commencement of a commercial activity thereon;
E. Parking lot sales or sidewalk sales in commercial zones, for outdoor sale of merchandise typically sold on the premises, provided that adequate parking and vehicular access is maintained and pedestrian pathways are provided for disabled access as required by law; and
F. Car washes conducted by registered non-profit organizations for fundraising purposes, provided that the following requirements are met:
1. The applicant has obtained approval for the car wash from Big Bear Municipal Water District;
2. The applicant has obtained approval of a watering exemption permit from the Department of Water and Power;
3. Buckets shall be used and hoses shall be equipped with shut-off nozzles to reduce water consumption and runoff;
4. No portions of the operation, including solicitation for customers, shall be allowed in the public roadway.
G. Private events open to the general public.
17.13.030 SPECIAL EVENT LOCATION TYPES AND EVENTS PERMITTED
A. For the purposes of this Chapter, special event venues are divided into two general categories, public facilities and private facilities.
1. Public facilities include, but are not limited to, parks, streets, parking lots, and the Civic Center. While these facilities offer utilities desirable to event organizers, they are primarily intended to be resources for residents and visitors to use for recreation, mobility, and parking. Section 17.13.040 includes regulations specific to the closure and use of City facilities.
a. Public parks include, but are not limited to, Rotary Park, Veteran’s Park, and Boulder Bay Park. Public parks are recommended for smaller events with minimal parking demand. For the purposes of this Chapter, Meadow Park is considered a permanent event venue, provided that parking areas are to remain open for public parking.
17.13 - 3 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
b. Streets are designated as primary arterial, secondary arterial, collector, and local streets in the Circulation Element of the General Plan. They are used for personal vehicles, public transit, goods movement, and emergency response. Due to topological and other physical constraints, alternative routes are limited in the Big Bear Valley. Therefore, streets are not recommended for special events unless anticipated impacts may be adequately mitigated.
i. For the purposes of this Chapter, Highway 18, Pine Knot Avenue, Village Drive and associated sidewalks are distinguished from all other City streets because they have a unique role to the City in terms of both economic activity and overall circulation. When applicants propose to use or close Highway 18, Pine Knot Avenue, and/or Village Drive, the City Engineer and Economic Development Director should be consulted.
(1) The City Engineer should be consulted to determine if anticipated volumes of traffic may be reasonably detoured. Generally, holiday, summer, and Saturday traffic is more difficult to detour due to higher traffic volumes.
(2) The Economic Development Director should be consulted to evaluate the extent of economic impacts that may be caused by a street closure.
c. Parking Lots include, but are not limited to, the Alden Road, Bartlett Road, Indian Village, and Civic Center lots. These locations are recommended for events that require large open areas, but have limited need for electricity and other utilities.
d. The Civic Center is located at 39707 Big Bear Boulevard. The Civic Center grounds are recommended for events that include both indoor and outdoor activities.
e. The following maps, in Table 17.13.030.A, generally illustrate public event venue areas. Other public areas and street sections may be used for special events. Those areas and street sections shall be treated in the same manner as the area or street section most similar, as determined by the City Planner.
17.13 - 4 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events Table 17.13.030.A. Public Event Venue Areas Bartlett Event Area A Bartlett Event Area B
Bartlett Event Area C Bartlett Event Area D
Village Street Closure B Village Street Closure C
17.13 - 5 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
Table 17.13.030.A. Public Event Venue Areas (Continued) Village Street Closure D
Indian Village Parking Lot Veteran’s Park
17.13 - 6 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events Table 17.13.030.A. Public Event Venue Areas (Continued) Civic Center Parking Lot Civic Center Lawn Area
2. Private facilities include permanent event venues and temporary event venues. This Chapter is not intended to limit the ability of private property owners to allow their properties to be used for special events. Instead, the purpose is to ensure that when private properties are used for special events, impacts to the neighborhood and the community may be mitigated.
a. Permanent private event venues may be used for events with no additional review because they have been analyzed for impacts as part of a land use approval. Commercial parking areas located at a private event venue may also be used for special events without approval of a special event permit, provided that the facility is used in a manner that maintains public safety and is free of public nuisance.
b. Temporary private event venues may be used for special events with approval from the City Planner or the Planning Commission according to Table 17.13.030.B. These facilities have limited or no built-in infrastructure to support large outdoor gatherings and, as a result, need a higher level of analysis that may result in special conditions and/or limitations. Examples of temporary private event venues include, but are not limited to, vacant commercial lots like the property commonly known as Christmas Tree Corner (40803 Village Drive) and commercial parking lots such as those adjacent to office buildings or shopping centers.
B. Special events may be permitted only in those special event venues where expressly or conditionally permitted according to Table 17.13.030.B.
1. Use of Table 17.13.030.B. shall be guided by City Council administrative instructions as they may be amended from time to time. The administrative policies may classify the size and impact of special events based on characteristics such as, but not limited to, duration, attendance, visitor draw, event reach, and economic impact. Such classifications shall be used by the City Planner and 17.13 - 7 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
Planning Commission to determine if an event is Minor or Major and, for Major Special Events, to determine if the impact is small, medium or large.
2. According to Table 17.13.030.B, an event may be permitted by right, permitted, discretionary, or discretionary with a special finding.
a. “Permitted by right” shall mean that the event is permitted without approval of a special event application;
b. “Permitted” shall mean that the event may be permitted with the approval of a Minor Special Event Application;
c. “Discretionary” shall mean that the event may be permitted with the approval of a Major Special Event Application;
d. “Discretionary with special finding” shall mean that the event may or may not be permitted depending on the proposed date and intensity of the event.
i. The following dates tend to generate high volumes of vehicular and pedestrian traffic in the City of Big Bear Lake. Therefore, events proposed for the following dates will be subject to a higher level of scrutiny by the Planning Commission and must demonstrate a compelling reason to use or close public property during a period of high impacts to vehicular and pedestrian circulation.
(1) Seven days before Independence Day through seven days after Labor Day;
(2) Nationally recognized holidays, including New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas week through New Year’s week;
(3) Weekends associated with nationally recognized major holidays including President’s Day, Memorial Day, Labor Day, and Thanksgiving Day; or
(4) Other dates as determined by the City Council.
ii. For events proposed during the dates listed in this section, the reviewing authority shall make a special finding that:
(1) The event is consistent with relevant administrative policies adopted by the City Council, as they may be amended from time to time, and
17.13 - 8 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events (2) The benefits generated by the visitor draw, event reach, and/or economic benefit are sufficient to offset potential negative impacts such as loss of parking, street closures, and/or other impacts.
iii. For events proposed during the dates that are not listed in this section, the reviewing authority may approve the event without making a special finding.
e. “Not permitted” shall mean that the event is not allowed because the size and intensity of the temporary event has the potential to cause significant negative impacts for the surrounding neighborhood and businesses for an unreasonable period.
3. Larger impact events may be approved to use smaller event venues if the event may be reasonably accommodated in the smaller area.
17.13.030.B. EVENT APPROVALS BY LOCATION AND TYPE Minor Major Special Events Special Event Location Types Special Small- Medium- Large- Events impact impact impact
Public Parks Permitted Discretionary Discretionary Discretionary Not Not Big Bear Boulevard Discretionary Discretionary Streets permitted permitted w/ special finding w/ special finding & Village Drive & Not Discretionary Discretionary Discretionary Sidewalks Pine Knot Avenue permitted w/ special finding w/ special finding w/ special finding All other streets Permitted Discretionary Discretionary Discretionary Civic Center Lower Parking Permitted Discretionary Discretionary Discretionary Indian Village Permitted Discretionary Discretionary Discretionary Bartlett A Discretionary Discretionary Discretionary Discretionary w/ special finding w/ special finding w/ special finding w/ special finding Public Not Parking Bartlett B Discretionary Discretionary Discretionary permitted w/ special finding w/ special finding w/ special finding Lots Not Not Bartlett C Discretionary Discretionary permitted permitted w/ special finding w/ special finding Not Not Not Bartlett D Discretionary permitted permitted permitted w/ special finding Permanent Event Venues Permitted by right Parking areas to remain open Temporary Private Event Venues Permitted Discretionary Discretionary Discretionary Including Commercial Parking Lots
17.13 - 9 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
C. A special event as defined in this Chapter which does not have a valid and current special event permit as specified herein is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws.
D. Special events are intended to be held at locations that are absent of sensitive biological resources or for which such environmental impacts have been fully analyzed and mitigated. Special events are not permitted in locations known to have occurrences of federally- or state-listed endangered or threatened species unless all necessary environmental studies, clearances, and permits are obtained. Proposed event locations that have not previously been subject to environmental review shall be analyzed under the California Environmental Quality Act for any potentially significant environmental impacts, including impacts to biological resources.
E. The following events are exempt and shall be permitted, in all zoning districts, without approval of a special event permit. Although a permit is not required, exempt events shall comply with other applicable requirements and performance standards in this Chapter.
1. Residential yard sales are exempt provided that the sale is registered with the Code Compliance Division and that no more than 4 such sales are conducted per site within any calendar year, and each sale does not exceed 4 consecutive days. For the purposes of this section, a “residential yard sale” shall mean the outdoor sale of personal goods from a private residence.
2. Filming, including but not limited to, activities related to the production of motion pictures, television, still photography, charitable or educational media, and news media, provided that no streets or public facilities are to be closed. While these activities are exempt from land use approval in the form of a Special Event permit, a film permit may be required by the City.
3. Private, invitation-only parties, in residential zones, provided that public streets are free and clear for emergency vehicles and all applicable performance standards are met, including those for alcohol, noise, fire and life safety, and public health.
4. Any event proposed for a permanent private event venue, as described in 17.13.030(A)2, provided that parking facilities remain open for parking and that all applicable performance standards are met, including those standards for alcohol, noise, fire and life safety, and public health.
5. Traditional events associated with holidays including the Independence Day Fireworks Show, Halloween in the Village, and Christmas in the Village.
6. Major Special Events exempted by a City Council resolution due to special circumstances or characteristics of the event.
17.13 - 10 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events 17.13.040 USE OF CITY FACILITIES
A. Public Facilities include land and facilities owned by the City of Big Bear Lake. They include parks, sidewalks, streets and parking lots, which are intended to be resources freely available for use by residents and visitors for recreation, transportation, and parking.
B. Event Criteria
1. When appropriate and feasible, City-owned parks, sidewalks, streets and parking lots may be used by event organizers, for the purpose of holding special events, provided that the event meets the following criteria:
a. The event is free to spectators.
b. The event is family-oriented, visitor-oriented, or both.
c. The event does not involve the sale of used or mass produced goods as are typically associated with swap meets or auctions. Events that involve the sale of produce, antiques, arts and crafts and similar original items are allowed.
C. Limitations
1. City land and facilities available for use for special events are described along with other public facilities in section 17.13.030(A)1. City venues include public streets, sidewalks, parking lots, and parks and are listed as follows:
a. City Streets: All streets in the City with the exception of Big Bear Boulevard, which is under the jurisdiction of the California Department of Transportation.
b. Parking Lots: Bartlett Road, Indian Village, Alden Road, Civic Center, Boulder Bay, and Veteran’s Park.
c. Parks: Rotary Park, Boulder Bay Park, and Veteran’s Park. These parks are available for special events provided that the event does not close the park to the general public unless approved by the Planning Commission. Meadow Park is not a City facility and is not subject to Section 17.13.040 regarding the use of City facilities.
D. Priority
1. If two organizations apply for the use of the same land or facility on the same weekend, the following priority shall apply in order from high to low: a. An event organized by the City of Big Bear Lake,
17.13 - 11 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
b. Recurring events that have demonstrated success and growth on that particular date,
c. New events, organized for the benefit of a local charitable organization,
d. New events, organized for the benefit of a non-local charitable organization,
e. All other events.
E. Authorization to Use or Close City Facilities
1. Requests to use or close City Facilities shall be authorized by the Planning Commission for Major Special Events and by the City Engineer for Minor Special Events. The use or closure of City Facilities, including City streets, shall be considered as an integral component of the Special Event Application review and approval process and is not intended to be reviewed and approved as a separate action.
17.13.050 SPECIAL EVENT PERMIT REQUIREMENTS AND PROCEDURES
A. Application requirements
1. All Major Special Events shall be screened prior to application submittal. That screening shall include:
a. Consultation with the Event Resource Office and City staff.
b. Consultation with the Planning Commission. Applications for first time, Large-Impact Major Special Events shall not be accepted until the applicant makes a presentation to the Planning Commission and the Planning Commission directs staff to accept and process the application. If the Planning Commission recommends changes to the proposal, those amendments shall be made prior to application submittal.
2. A request for a special event permit shall be submitted to the Planning Division on a form provided for that purpose. The application shall be submitted along with the following:
a. A letter from the Events Resource Office confirming that the event concept, location, and date complement the community’s calendar of events and does not detract from the potential success of other events due to conflicts in time, character, or location.
b. Proof of property owner’s permission or a completed application form requesting use of a City facility.
17.13 - 12 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events c. Application and related fees. The following fees are required at the time of application submittal. Fees include, but are not limited to:
i. Planning Division, Fire Department, and Environmental Review,
ii. Public noticing fees, and
iii. Rental fees and security cash deposit for all events requesting to use City Facilities or Equipment.
d. For discretionary events for which a special finding must be made, a Special Event Report is required.
i. Applicants submitting for a first-time event shall submit a First- Time Special Event Report on a form provided by the Planning Division. Content shall include anticipated attendance, publicity and marketing plans, and a summary of anticipated economic benefits. For medium and large impact event applications, the report shall also include qualifications or information about similar events that have been produced in the past.
ii. Recurring event applicants shall submit a Recurring Special Event Report on a form provided by the Planning Division. Content shall present results from the previous year including attendance, a publicity and marketing plan, copies of advertising materials used in the previous year, and an economic benefit analysis. Events that have demonstrated consistent success for two years are exempt from this requirement provided that similar data is available from other sources.
e. For events requesting approval to use City facilities or equipment, the applicant shall submit a Special Event City Facilities Request, on a form provided by the Planning Division.
f. For events requesting approval to use any portion of a California Department of Transportation (Caltrans) right-of-way, applicants shall submit a completed Caltrans encroachment permit application. Once the event is approved, the application will be submitted to Caltrans for their approval.
g. Other materials required by the City Planner depending on the scope and scale of the proposed event. Such materials may include but are not limited to site plan, design plan, parking plan, area maps, routes, temporary structures, vendor locations, and mailing labels.
B. Timelines
1. Applications shall be received according to the timelines below:
17.13 - 13 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
a. Inaugural Major Special Event Applications shall be submitted at least 180 calendar days prior to the event. Subsequent applications shall be submitted at least 120 calendar days prior to the event.
b. Minor Special Events Applications should be submitted at least 10 calendar days prior to the event.
c. Permit applications not received within the deadlines required above will not be processed. An extension of time may be approved by the City Planner based upon the applicant’s written request justifying the delay in submitting the application.
C. Public Notification
1. Public notice for major special events shall be provided pursuant to Development Code Section 17.03.030.
2. Additional public notification as determined by the City Planner shall be required for events proposing to close public facilities such as parks, streets and parking lots or for events deemed to have a significant impact on the community.
3. Public notice shall not be required for issuance of minor special events.
D. Reviewing Authority
1. The Planning Commission shall be the reviewing authority for first-time Major Special Event applications. After an applicant has demonstrated two years of consistency and success with a single event, the Planning Commission may authorize the City Planner to approve that event thereafter, provided that no significant changes are proposed. Determinations of consistency and success shall be made by the Planning Commission based on the “Recurring Special Event Report” required in this Section. Significant changes include, but are not limited to:
a. Adding activities that may introduce new negative impacts to the neighborhood or community as determined by the City Planner;
b. Changing event venues;
c. Changing the site plan in a manner that may introduce new negative impacts to the neighborhood or community as determined by the City Planner.
2. The City Planner or his/her designee shall have reviewing authority for all Minor Special Events.
17.13 - 14 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events E. Findings for Approval
1. The reviewing authority may deny, approve, or conditionally approve a request for a special event permit based on the following findings for approval.
a. The use is consistent with the general purposes of the General Plan and this Chapter and the specific provisions of the zoning district in which the site is located, and any other applicable codes and policies;
b. Appropriate measures have been taken to protect the public health, safety, and general welfare and to minimize detrimental effects to adjacent properties, businesses and the community;
c. The event will have adequate parking, ingress and egress, traffic circulation and access, and provision for pedestrian safety;
d. All structures and equipment will be erected and maintained in compliance with the applicable codes; and
e. The subject site will be restored to its original or better condition upon termination of the special event.
2. For events listed as “Discretionary with special finding” in Table 17.13.030.B., the reviewing authority shall make an additional finding as follows and based on the City Council administrative instruction for special event application review as it may be amended from time to time.
a. The event has been determined to be a Minor Special Event or Major Special Event with a small-, medium-, or large-impact and has also been determined, based on the City Council administrative instruction, to offer sufficient returns to the community to offset economic impacts due to the loss of parking, street closures, and/or other such concerns because of the proposed visitor draw, event reach, and/or economic potential.
F. Community Events Grants
1. Once an event has been approved by the Planning Commission or City Planner, applicants may be eligible for reimbursement for fees through a Community Events Grant. The grant program is explained in City Council Administrative Instruction 2004-01, which may be amended from time to time.
17.13.060 PERFORMANCE STANDARDS
A. The performance standards included in this section are intended to protect the community from undue special event impacts. These performance standards may apply to all events, including those that are exempt as listed in Section 17.13.030.D. However, not all performance standards are applicable to all events. Therefore, the specific performance
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standards applied to an event will be determined as part of application approval. Due to the nature of special events, the City can not foresee all necessary performance standards. Consequently, the reviewing authority may condition an event to meet performance standards not listed in this Section.
B. Fees and Cost Recovery
1. The City will require a cash deposit or other security, as determined by the City Engineer, for events proposed on public property. The City may require a cash deposit or other security for events proposed on private property if that event is determined to have a potential impact to public property or surrounding private properties. Such potential impacts may be caused by stormwater, trash, or other nuisances that necessitate the use of public resources for clean up or repair. The cash deposit or other security will be used to defray the cost of returning a public or private event venue to its original or better condition, should the applicant fail to leave the property in a satisfactory condition.
2. The cash deposit or security shall reflect the estimate of staff time and materials supplied to support the event as determined by the City Engineer.
3. City costs shall be based on the fully burdened hourly rate for staff time and material that is required to support the event. Said cost shall be determined by the fee schedule set by the City Council.
4. Prior to returning the balance of the security to the applicant the City Engineer shall provide a written cost analysis of staff time and material to the applicant and shall deduct that amount from the cash deposit or security. If clean up has not been completed within 24 hours, the event organizer will be notified. If clean up has not been completed within 48 hours, then the City will complete clean up and the cost of that clean up will be deducted from the security deposit.
C. Time and Duration
1. Unless otherwise specified in the permit, public facilities may be closed for set up no more than 24 hours before the event is opened to the public.
2. Unless otherwise specified in the permit, all sites for temporary uses shall be cleaned of trash, debris and temporary structures and otherwise restored within 24 hours after the conclusion of the event.
D. Traffic, Circulation and Parking
1. Events proposing to close parking lots, to close streets, or to generate a parking demand that is higher than parking available on-site may be required to implement a parking and traffic plan. For the purposes of special events, parking demand shall be calculated based on two people per vehicle, unless otherwise
17.13 - 16 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events determined by the City Planner. The parking plan will be distributed to the Code Compliance Division for enforcement. Vehicles not in compliance with the parking plan are hereby considered a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws, which authorize citations or towing.
2. Provisions shall be made for adequate handicap and standard parking, emergency personnel and emergency vehicle access, pedestrian and vehicular circulation, fire protection, security, and traffic control.
3. Shuttle services or valet parking may be required where parking is not immediately adjacent to the event or where access to the event is unsafe for pedestrians.
4. All events serving alcohol shall coordinate with an established designated driver program. If such a program is not available other provisions to discourage drunk driving may be required of the applicant. Other provisions to discourage drunk driving should include information about transportation alternatives, such as taxis or buses.
E. Noise
1. The event is subject at all times to Development Code Section 17.01.090.J.6., which states:
“No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be unusually loud, excessive, raucous or disturbing from residentially used or designated properties or commercial lodging facilities between the hours of 10:00 p.m. and 7:00 a.m., except as otherwise authorized through issuance of a Special Event Permit, pursuant to Section 17.03.300 (emphasis added).” And that:
“No person shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be loud, excessive, raucous or disturbing from 50 feet, if such device is operated on or over any public right-of-way, except as otherwise authorized through issuance of a Special Event Permit, pursuant to Section 17.03.300 (emphasis added).”
F. Fire and Life Safety
1. All events shall comply with the requirements of the most recently adopted edition of the California Code of Regulations, Title 24, Part 2 California Building Code; Part 3 California Electrical Code; Part 4, California Mechanical Code; Part 5, California Plumbing Code and Part 9, California Fire Code as they relate to the installation and construction of temporary structures, equipment and devices. 17.13 - 17 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
2. All events shall comply with the requirement of the most recently adopted edition of the California Code of Regulations Title 24, Part 9, California Fire Code, Chapter 24, Section 2403, relating to temporary tents, canopies and membrane structures.
3. For Major Special Events, an inspection permit shall be obtained from the City of Big Bear Lake Building and Safety Division and the Big Bear Lake Fire Protection District. Each permit shall be obtained at least 30 days in advance of the event.
4. Applicants are responsible for contacting both agencies at least 10 days in advance to schedule an inspection time for the day of the event.
5. Temporary tents, canopies and membrane structures may require additional anchorage as required by the Building Official.
6. The event organizer is responsible for insuring that emergency access, fire lanes, tent separations, exiting and other related public health and safety features are maintained throughout the duration of the event.
7. A first aid station/headquarters or a designated first aid responder shall be provided by the applicant. The station or person shall be readily accessible and recognizable to emergency responders and the general public.
8. No ember producing BBQs, fire pits, equipment or similar appliances are allowed. 9. No fireworks or products simulating fireworks are allowed on site including items sold by vendors.
10. Extension cords in pedestrian areas shall be protected from damage and adequately covered as to not create a tripping hazard. No strung lighting over pedestrian walkways shall be allowed unless approved by the Building Official.
11. Electrical distribution systems and/or generators that supply over 20 amps to more than one activity or vendor shall be reviewed and approved by the Building Official.
12. Fire extinguishers shall be placed at 150 foot intervals and/or at locations that are within 75 feet of any event activity.
G. Public Health
1. Event organizers proposing to serve food to the general public, either for free or for a fee, shall be required to obtain necessary approvals and/or permits from the San Bernardino County Department of Environmental Health or applicable enforcing agency.
17.13 - 18 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events 2. An adequate number of portable toilets shall be provided based on the anticipated attendance of the event. The number of portable toilets shall be based on the most recently adopted edition of the California Plumbing Code, Table 4-1, Minimum Plumbing Facilities, Assembly Places. Public Restrooms or restrooms located in buildings not under control of the event shall not be included in the total number of portable toilettes required. In no case shall there be less than two portable toilets one of which shall be an ADA approved accessible portable bathroom. An adequate number of ADA accessible wash stations, but no less than one, shall be provided as determined by the Building Official.
3. An adequate number of trash and recyclable containers shall be placed throughout the event area. All trash and/or debris generated by the event is to be removed from the event venue in a container provided by the local waste hauler unless other arrangements have been made by the event organizer to dispose of the material in a manner approved by the City Engineer. In no case shall event- generated trash and/or debris be placed in a private or public container without prior permission.
H. Event Emergencies and Management
1. The event organizer shall have at least one on-site manager for the duration of the event from set up to tear down. The on-site manager is responsible for:
a. Insuring that the conditions of special event approval are followed at all times, with special attention to Fire, Life, and Public Safety conditions;
b. Responding to affected business owners;
c. Verifying that all vendors have accurate information about utilities available for their use, have obtained the appropriate city licenses, and are parked in designated vendor areas;
d. Ensuring that the event venue is maintained in a clean and safe manner;
e. Ensuring that the event venue is restored to its original, pre-event condition or better;
f. Other duties as deemed necessary by the reviewing authority.
I. Public Communications
1. The event organizer shall develop and implement a public communications plan appropriate to the scope of the event to assist the general public. Smaller events may be required to employ measures such as an informational signage program or a public information booth and larger events may be required to employ measures such as one or more information booths.
17.13 - 19 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
J. Vendors
1. All applicants shall obtain a valid City of Big Bear Lake business license. In lieu of a business license, organizations may register with the City if the organization qualifies as a non-profit.
2. If an event will include vendors, then the event organizer shall recruit city-based businesses and local non-profit organizations prior to recruiting non-local vendors. City-based businesses and non-profits shall be offered discounted vendor space. 3. 4. All vendors shall pay vendor fees pursuant to City Council Resolution No. 93.15, as it may be amended from time to time.
5. Each vendor or exhibitor generating on-site sales shall obtain and display a State Board of Equalization Resale Number or “Detailed Allocation by Sub-outlet of Uniform Local Sales and Use Tax” form or equivalent with the State Board of Equalization designating the City of Big Bear Lake as the point of sales for that event.
6. During the event vendors are required to:
a. Display merchandise in a safe and attractive manner;
b. Screen excess merchandise from public view;
c. Park in designated vendor parking;
d. Follow all of the conditions of approval specific to the event;
e. Follow all of the applicable public health and safety requirements proscribed in this Section.
K. Events Serving Alcohol
1. Events proposing to serve alcohol to the general public, either for free or for a fee, are required to obtain necessary approvals/permits from the California Department of Alcoholic Beverage Control.
2. The applicant shall abide by all of the requirements of the Department of Alcoholic Beverage Control including but not limited to:
a. Alcoholic beverages shall be sold, served or consumed only within the designated licensed area. No additional dispensing points shall be permitted. Persons may not take alcoholic beverages from the designated area.
17.13 - 20 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events b. Event organizers shall provide security personnel to monitor all alcoholic beverage dispensing points and the area noted in condition (a). Said security persons must wear distinctive uniforms so as to readily identify them as security personnel and shall be present in the area where consumption of alcoholic beverages is taking place at all times that the license privileges are being exercised.
c. Security personnel shall prevent people from carrying alcoholic beverages outside the designated area as noted in condition (a).
d. Alcoholic beverages shall only be sold and served in distinctive cups and no other cups may be used for the dispensing of alcoholic beverages. Said containers shall be readily identifiable as containing alcoholic beverages and shall be distinct and different than containers containing non-alcoholic beverage.
e. Sales, service and consumption of alcoholic beverages shall occur only during the hours designated in the Special Event Permit unless more restrictive time restrictions are required by the Department of Alcoholic Beverage Control.
f. All persons serving or otherwise dispensing alcoholic beverages must be 21 years of age or older.
g. No more than 2 alcoholic beverages may be purchased by any one person at any 1 time.
h. Cup size for beer shall not exceed 16 ounces. Cup size for wine shall not exceed 4.5 ounces.
i. No person serving alcohol may consume any alcohol.
j. No person serving alcohol shall sell, furnish, or give away any alcohol to anyone who is obviously intoxicated or under 21 years of age.
k. Alcoholic beverages shall not be sold in glass or metal containers.
l. This license may be revoked summarily by the Department of Alcoholic Beverage Control or any peace officer if, in the opinion of the enforcing agency, it is necessary to protect the health, safety, welfare, peace and morals of the community.
L. Performance Standard Enforcement
1. Failure to follow the conditions of approval may result in one or more of the following actions:
17.13 - 21 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
a. Revocation of the Special Event Permit;
b. Immediate termination of the event;
c. Issuance of an administrative citation by City of Big Bear Lake Code Compliance Division:
d. An enforcement action by the City of Big Bear Lake Sheriff’s Department.
2. Any event in violation of the conditions designated in the permit may be required to submit as a new application as required by this section and shall have no vested rights as a repeat event.
17.13.070 VILLAGE EVENT REGULATIONS
A. The Village Specific Plan, Ordinance No. 87-142, has been adopted to enhance and support the traditional business core with the intent of expanding urban development, enhancing the character of the marketplace, and enhancing the City’s nature as a resort destination. The plan contains a “Uses Permitted by District Chart” to designate where various types of events may be allowed in the Village Specific Plan Area. This Section 17.13.070 is intended to reinforce and implement the business and tourist-oriented objectives of the Village Specific Plan, and to replace the “Uses Permitted by District Chart” contained therein.
B. The success of visitor-oriented retail depends on parking facilities and foot traffic. This Section has been adopted to ensure that parking facilities are available throughout special events and that businesses do not carry an unreasonable burden caused by special events located in the Village Specific Plan Area.
C. The provisions described in this Section shall apply to all areas subject to the Village Specific Plan, as defined in the Specific Plan and illustrated on the Village Specific Plan Zoning Map.
D. All provisions of Section 17.13.060 (performance standards) shall apply to events within the Village Specific Plan area, except as modified below:
1. Special event applicants shall implement an approved parking plan. Parking plans may be required to include the following, as deemed necessary by the City Planner.
a. Designated event parking areas. For the use of Bartlett Event Areas illustrated in Section 17.13.030., designated parking areas must offset the closure of parking spaces as illustrated in Table 17.13.070.A. and according to the following schedule on the next page.
17.13 - 22 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
17.13.070.A. Parking Requirements for Bartlett Parking Lot Closures Bartlett A & B Vendor & Event Attendee Replacement Volunteer Parking Spaces Parking 1 space for every 2 At least 1 vendor No specific anticipated space per vendor number required attendees/ & participants 1 space for every 2 volunteers/ event staff
Bartlett C Vendor & Event Attendee Replacement Volunteer Parking Spaces Parking 1 space for every 2 At least 1 vendor 139 spaces anticipated space per vendor attendees/ & participants 1 space for every 2 volunteers/ event staff
Bartlett D Vendor & Event Attendee Replacement Volunteer Parking Spaces Parking 1 space for every 2 At least 1 vendor 277 spaces anticipated space per vendor attendees/ & participants 1 space for every 2 volunteers/ event staff
17.13 - 23 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
i. Event organizers approved to use Bartlett Event Area A or B are not required to show a specific number of parking spaces, but they are required to show designated parking areas for event attendees, vendors, and volunteers.
ii. Event organizers approved to use Bartlett Event Area C shall be required to show at least 139 replacement parking spaces as well as parking areas for attendees, vendors and volunteers.
iii. Event organizers approved to use Bartlett Event Area D shall be required to show at least 277 replacement parking spaces as well as parking areas for attendees, vendors and volunteers.
b. Designated time-restricted public parking. For Type A, B, and C Events, the southern portions of the Bartlett Parking Lot shall be restricted to a two-hour time limit to encourage turnover of parking spaces. Applicants are hereby informed that parking limits will be enforced and vehicles found not in compliance with parking limits may be subject to citation or towing.
c. A sign plan for directional signage and parking restrictions, including a schedule for how, when, and who will set up and tear down parking directional signage.
d. Authorization from private property owners to use private lots to meet parking requirements.
e. An inventory of sign materials requested to be provided by the City.
f. A staffing plan for high impact events to implement the parking plan.
17.13 - 24 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
17.13.070.B. Parking Lots Suitable for Event Parking
Spaces Property Name (Approximate) 1 MWD 28 2 Elks Lodge 56 3 Bowling Barn 30 4 Indian Village 84 5 Evergreen Restaurant 20 6 Verizon Parking Lot (Beaver Ln) 24 7 Paoli’s Lot 25 8 First Mountain Bank 45 9 Big Bear Board of Realtors 17 10 Planned Public Lot 72 11 Calvary Church 73 12 Veteran’s Park 49 13 Presbyterian Church 49 14 Elementary School 30 TOTAL 602
17.13 - 25 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
2. Vendors
a. Applicants shall allow any business or group of businesses located in the Village Specific Plan Area to participate as an event vendor at a discounted rate, provided that all businesses have a valid City Business License.
b. Applicants shall prepare and implement a list of rules for vendors including, but not limited to the following:
i. At all times, vendors shall display or be able to produce evidence that they are an approved event vendor. Such evidence shall be provided by the event organizer.
ii. At all times, vendors shall maintain an orderly display. Tablecloths, display cases and other attractive materials are encouraged to avoid cluttering the streetscape.
This Not This The display on the left is more desirable because the display includes a professional banner, a tablecloth with finished edges that covers the table, and attractive racks designed for displaying wares.
iii. All packaging and business related materials shall be screened from public view.
This Not This Packaging materials, trash, and other materials that are not for sale should be screened. The vendor to the left uses a tablecloth and the vendor on the right has
17.13 - 26 Ordinance 2012-422, Adopted 12/10/12 City of Big Bear Lake Development Code Chapter 17.13 – Special Events
containers sitting out in the open.
iv. Wares may not be displayed on the ground unless they are designed to rest on the ground. For example, garden art may be displayed on the ground, but televisions may not.
This Not This Garden art is designed for outdoor use. Therefore vendors may display these types of materials on the ground. However, clothing, electronics, and other materials that are not designed to be placed on the ground may not be displayed in such a manner during an event.
c. Event organizers are responsible for ensuring that vendors are compliant with vendor rules. d. Event organizers shall maintain an attractive site throughout the course of the event. Accordingly event organizers may be required to include design elements that reflect the event theme, consistent with the scale and intensity of the event.
3. All event signage must conform to Chapter 17.12.130.
17.13 - 27 Ordinance 2012-422, Adopted 12/10/12 Big Bear Lake Development Code Chapter 17.25 – Residential Zones
CHAPTER 17.25 RESIDENTIAL ZONES
17.25.010 INTENT AND PURPOSE OF RESIDENTIAL ZONES
A. The residential zones are established to implement Land Use Goal L3 of the General Plan, “To provide for development of housing opportunities to meet the long-term needs of permanent and part-time residents as well as visitors, and all demographic and economic segments of the population, while preserving the character and integrity of residential neighborhoods.”
B. In addition to implementing the goals and policies of the General Plan with respect to residential land use, this chapter and the accompanying Official Zoning Map are intended to achieve the following objectives:
1. To reserve appropriately located areas for residential use at various ranges of dwelling unit densities and type;
2. To ensure adequate access, privacy, and open space for each dwelling;
3. To protect residential properties and dwellings from incompatible uses, light, glare, odors, visual blight, and other objectionable conditions;
4. To facilitate the provision of utility services and other public facilities commensurate with anticipated population, dwelling unit density, and service requirements; and
5. To promote design and construction techniques that complement the natural resources and topography of Big Bear Lake’s mountain setting, and that encourage energy and water conservation.
17.25.020 RESIDENTIAL ZONE DISTRICTS
Three base zone districts are established as follows:
A. Residential-Low (R-L) Zone
1. The Residential-Low (R-L) Zone is established for the development of single- family detached dwellings at a maximum density of one dwelling unit per gross acre, and a minimum lot size of 40,000 square feet. Actual permitted lot size and density within the R-L Zone shall be determined by the underlying General Plan designation, and by topographic, environmental, physical or infrastructural constraints.
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2. The R-L Zone is appropriate for areas that are, or are planned to be, used for low- density single-family residential development. Development within the R-L zone generally consists of single-family homes on larger lots, where the keeping of horses is permitted. Accessory uses to support the primary residential use and accessory equestrian uses are also permitted. Some non-residential uses, which are complementary and not detrimental to residential neighborhoods, are conditionally permitted.
3. The R-L Zone is compatible with the following General Plan land use designations:
a. Equestrian Estates (EE), provided that a gross residential density of one unit per acre is not exceeded; or
b. Rural Residential (RR), provided that a gross residential density of one unit per two and one half acres is not exceeded;
B. Single-Family Residential (R-1) Zone
1. The Single-Family Residential (R-1) Zone is established for the development of single-family detached homes at gross densities ranging from one to four dwelling units per acre and a minimum lot size of 7,200 square feet. Actual permitted density and lot size shall be determined by the underlying General Plan designation, and by topographic, environmental, physical, and infrastructural constraints. In order to encourage the production of housing affordable to low-to- moderate income households, density bonuses of up to 100 percent may be granted in this zone, subject to approval of an agreement pursuant to Section 17.03.230.
2. Development within the R-1 zone generally consists of single-family residential neighborhoods of a suburban type and density. The keeping of horses is not permitted in this zone. Accessory uses to support the primary residential use are allowed. Non-residential uses, which are complementary and not detrimental to residential neighborhoods, are conditionally permitted.
3. The R-1 zone is compatible with the following General Plan land use designations:
a. Single-Family Residential 2 du/ac (SFR-2), provided that a gross residential density of 2 units per acre is not exceeded. Minimum lot size within this designation shall be 18,000 square feet.
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b. Single-Family Residential 3 du/ac (SFR-3), provided that a gross residential density of 3 units per acre is not exceeded. Minimum lot size within this designation shall be 10,000 square feet.
c. Single-Family Residential 4 du/ac (SFR-4), provided that a gross residential density of 4 units per acre is not exceeded. Minimum lot size within this designation shall be 7,200 square feet.
C. Multiple Residential (R-3) Zone
1. The Multiple Residential (R-3) Zone is established for the development of grouped housing, such as townhouses, condominiums, apartments, and mobile home parks, at gross densities ranging from 4 to 12 dwelling units per acre. The actual permitted density shall be determined based on topographical, environmental, physical, and infrastructural constraints. In order to encourage the production of housing affordable to low-to-moderate income households, density bonuses may be granted in this zone, subject to approval of an agreement pursuant to Section 17.03.230 (Affordable Housing Agreements).
2. Development within the R-3 zone generally consists of attached or grouped dwelling units within a development site that share common access, open spaces, and amenities. This zone may also be appropriate for single-family detached units on smaller lots within the context of an approved specific plan. The R-3 Zone permits the development of self-contained residential communities which provide recreational facilities and amenities to serve residents, as well as for smaller-scale attached dwellings on a single residential lot (such as a duplex). Accessory uses to support the primary residential use are allowed. Non- residential uses, which are complementary and not detrimental to residential neighborhoods, are conditionally permitted.
3. The R-3 zone is compatible with the Multiple Family Residential (MFR) General Plan land use designation.
17.25.030 PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
A. Principal uses permitted within residential zones shall be those included on Table 17.25.030.A. In the event that a determination is requested as to whether a principal use is permitted in the residential zones which is not listed on Table 17.25.030.A, the reviewing authority shall make that determination in accordance with Section 17.03.210.
B. Where Table 17.25.030.A indicates that a use is permitted subject to a specific land use approval process, procedures for that approval process set forth in Chapter 17.03 shall be followed, except as otherwise indicated. Where Table 17.25.030.A indicates that a use is
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subject to special development standards contained in this chapter, the applicable sections of this chapter shall be referenced in review and approval of said use.
C. This section shall not be construed to supersede more restrictive use regulations in the conditions, covenants and restrictions of any property or dwelling unit.
D. The minimum lot size on which multiple family dwellings may be established is 7,200 square feet. A lot of this size may accommodate no more than 2 dwelling units. For lots on which 3 or more dwellings are proposed, no less than 3,500 square feet of net lot area shall be provided per dwelling unit.
Table 17.25.030.A PRINCIPAL USES PERMITTED IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3
Residential Uses:
Single-family detached dwelling unit P P P on one lot.
Care facility, residential, for 6 or P P P fewer residents
Two, three, four, or five dwelling _ _ P units in one project (attached or detached)
Six or more dwelling units in one _ _ PPR project.
Workforce Housing on sites greater _ _ PPR than two acres with a minimum density of 20 units per acre and no less than 16 units on sites identified in Figure B-2 of Appendix B of the 2008-2014 Housing Element
Condominiums and condominium _ _ CUP1 conversions.
Manufactured home parks and _ _ CUP1 subdivisions.
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Zone District R-L R-1 R-3
Boarding and rooming houses. _ _ CUP
Group living facility for over six (6) _ _ CUP residents (i.e. dormitories, single room occupancy facilities, transitional housing, etc.).
Other Principal Uses:
Bed and Breakfast establishments
. 5 or less guest rooms CUP2 CUP2
Churches, chapels, meeting rooms CUP2 CUP2 CUP2 and religious institutions
Commercial lodging facilities (hotels, _ _ CUP2 motels, lodges, time-share units, bed and breakfast establishments with 6 or more guest rooms), provided that density of guest units does not exceed 12 per acre
Extended stay lodging _ _ CUP
Conference centers, retreat centers, CUP CUP CUP and camps on sites of five acres minimum
Country clubs, including golf courses, CUP CUP CUP alcohol sales and ancillary uses
Fraternal organizations, lodges, and _ _ CUP2 private clubs
Horticulture (tree farms, truck gardening, plant nursery; prior to development) P -- -- - no retail sales on site CUP -- --
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Zone District R-L R-1 R-3
- limited retail sales on site
Museums CUP CUP CUP
Parks and recreational facilities, CUP CUP CUP public or private (including swimming pools, tennis courts, playgrounds, parks, trailheads, picnic areas)
Schools, kindergarten through grade CUP CUP CUP 12
Social care facilities housing seven ( CUP CUP CUP 7) or more residents
Utility installations, excluding CUP CUP CUP cellular towers and antennae (includes electrical substations, sewage and water pump stations, wells, water reservoirs, natural gas regulator stations, etc. Cellular towers and antennae are specifically prohibited in residential zones)
P = permitted use without land use approval; other permits may be required. PPR = permitted subject to approval of a Plot Plan Review pursuant to Section 17.03.160. CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170. 1 Subdivision map required for any subdivision of land or air rights. 2 Subject to special development and/or performance standards in this Chapter. – =Not permitted
17.25.040 ACCESSORY USES PERMITTED IN RESIDENTIAL ZONES
A. Accessory uses permitted within residential zones shall be those included on Table 17.25.040.A. In the event that a determination is requested as to whether an accessory use is permitted in the residential zones which is not listed on Table 17.25.040.A, the reviewing authority shall make that determination in accordance with Section 17.03.210.
B. Where Table 17.25.040.A indicates that a use is permitted subject to a specific approval process, procedures for that approval process set forth in Chapter 17.03 of the Development Code shall be followed in granting that approval, except as otherwise
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indicated. Where Table 17.25.040.A indicates that a use is permitted subject to special development standards contained in this chapter, the applicable sections of this chapter shall be referenced in review and approval of said use.
C. This section shall not be construed to supersede more restrictive use regulations in the conditions, covenants and restrictions of any property or dwelling unit.
D. No accessory use or structure shall be constructed or established on any lot unless there is a primary use on said lot, and the accessory use or structure is incidental to and related to the primary use.
E. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal structure to which it is accessory. This paragraph shall not be construed to govern the sequencing of a construction project in which both the principal and accessory structures are to be built and occupied simultaneously.
F. The use and or keeping of sea-train containers, box cars, cargo boxes, truck trailers, or similar items for purposes of storage is prohibited in residential zones except for temporary construction purposes as authorized through approval of a Temporary Use Permit pursuant to Section 17.03.290.
17.25.050 GENERAL STANDARDS FOR RESIDENTIAL DEVELOPMENT
A. The development standards set forth in Table 17.25.050.A are intended to provide minimum standards for residential development. These standards should be used in conjunction with the special development standards contained in this chapter applicable to specific uses as indicated on said Table.
B. This section shall not be construed to supersede more restrictive site development standards contained in the conditions, covenants and restrictions of any property or dwelling unit, or as shown on the composite development plan or final map for any subdivision. However, in no case shall private deed restrictions or map requirements be interpreted to allow a lesser standard (in the case of a minimum standard) or a greater standard (in the case of a maximum standard) than the development standards set forth herein.
C. Deviations from the standards set forth in this section may only be allowed by approval of a variance or minor deviation, pursuant to Section 17.03.180; or through approval of a comprehensive development plan pursuant to Section 17.03.280 (Specific Plan Review) or Section 17.03.220 (Development Agreements).
D. Nothing in this section shall be construed as making lots illegal which were legally created prior to the adoption of these regulations. For information on non-conforming uses and structures, see Section 17.03.320 of the Development Code.
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Table 17.25.040.A
ACCESSORY USES AND STRUCTURES PERMITTED
IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3
Animal Uses:
Keeping of domestic animals commonly kept as household pets;
. Single family residential: 2 dogs and/or cats over age of 4 mos. P P _ for each lot 7200 sq. ft. or less; 3 for lots 7201-10,000sq. ft.; 4 for lots of 10,001 – 20,000 sq. ft.; maximum of 5 for each lot over 20,000 sq. ft.
. Multiple family residential: 2 dogs and/or cats over age 4 mos. per dwelling unit _ _ P
Keeping of horses, llamas, donkeys, P _ _ mules, burros, or ponies on lots of 1 acre or greater in area; 1 animal per each 10,000 sq. ft. of lot area, not to exceed 6 animals per lot or project
Keeping of exotic or wild animals CUP CUP CUP
Accessory Dwelling Units:
Caretaker’s or manager’s unit as part of _ _ P1 approved project
Board and room provided to not more P P P than 2 boarders per dwelling unit
Temporary dependent housing unit CUP1 CUP1 CUP1 (“granny” unit)
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Zone District R-L R-1 R-3
Accessory Structures:
Animal enclosures - large animals P1 _ _ (barns, corrals, pastures, stables)
Animal enclosures – small animals (dog P P P houses, etc.)
Decks, patios, gazebos (covered or P P P uncovered)
Garages, attached or detached; maximum P P P one per dwelling unit, maximum area of 10 percent of lot area, not to exceed 1,500 sq. ft., provided that setbacks and open space requirements are met.
Guest house, with no kitchen facilities P1 P1 P1 (for single family use only)
Signs, residential identification, pursuant SP SP SP to Chapter 17.12 (Signs)
Tennis court, play court, swimming pool, P1 P1 Single- jacuzzi, or other recreational facility for family: P1 use by residents Multi-family: part of PPR or CUP1
Storage buildings or children’s play P P Single- house, for use by residents, not to exceed family: P 2 such structures and a total of 1,000 square feet in area for each single family Multi-family: use; for multi-family, review as part of part of PPR overall development plan or CUP
Accessory Commercial Uses:
Day care, large family LFD LFD LFD
Day care, small family P P P
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Zone District R-L R-1 R-3
Home occupation permit HOP HOP HOP
Vacation home rental TPHR TPHR TPHR
Temporary Uses:
Special events SE SE SE
Construction staging area (on-site only) TUP TUP TUP
Temporary construction office/trailer TUP TUP TUP
Temporary sales office/trailer/models TUP TUP TUP
Caretaker’s or owner’s residence on TUP TUP TUP permitted, active construction site
P = permitted use without land use approval; other permits may be required. PPR = permitted subject to approval of a Plot Plan Review pursuant to Section 17.03.160. CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170. TDH = permitted subject to approval of a Temporary Dependent Housing unit, pursuant to Section 17.25.130. LFD = permitted subject to approval of a Large Family Day Care, pursuant to Section 17.03.260. HOP = permitted subject to approval of a Home Occupation Permit, pursuant to Section 17.03.270. TPHR = Permitted subject to approval of a Transient Private Home Rental unit, pursuant to Section 17.03.310. SE = permitted subject to approval of a Special Event Permit, pursuant to Section 17.03.300. SP = permitted subject to approval of a Sign Permit, pursuant to Chapter 17.12. TUP = permitted subject to approval of a Temporary Use Permit, pursuant to Section 17.03.290. 1 Subject to special development standards in this chapter. _ = Not permitted.
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Table 17.25.050.A GENERAL DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
Zone District R-L R-1 R-3
Lot Dimensions:
Minimum lot area (by General Plan Land Use Designation; all areas net unless otherwise indicated)
. Rural Residential 2 ½ ac. gross _ _
. Equestrian Estates 40,000 sq. ft. _ _
. Single Family Residential –2 _ 18,000 sq. ft. _
. Single Family Residential –3 _ 10,000 sq. ft. _
. Single Family Residential –4 _ 7,200 sq. ft. _
. Multiple Family Residential _ _ 7,200 sq. ft.
Lot width (at required front setback)
. Interior lot 100 ft. 60 ft. 60 ft.
. Corner lot 100 ft. 65 ft. 65 ft.
Minimum street frontage (at front 50 ft. 35 ft. 50 ft. property line)
Minimum flag lot frontage (at front 30 ft. 20 ft. 40 ft. property line)
Minimum lot depth 100 ft. 100 ft. 100 ft.
Setbacks:
Front yard and street side yard setback from property line:
. Adjacent to streets with 40 or more feet of right of way 25 ft. 15 ft. 15 ft.
. Adjacent to streets with less than 30 ft. 20 ft. 20 ft.
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Zone District R-L R-1 R-3
40 feet of right of way
Interior side yard setback
. On lots 30 feet or less in width -- 3 ft. 3 ft.
. On lots over 30 feet and up to 60 -- 5 ft. 5 ft. feet in width;
. On lots over 60 feet and up to 100 feet in width; 5 ft. + 10 ft. 5 ft. + 10 ft. 5 ft. + 10 ft.
. On lots over 100 feet in width 10 ft. 10 ft. 10 ft.
Rear yard setback 20 ft. 15 ft. 15 ft.
Other:
Building coverage (as % of total lot area) 30% 40% 60% (provided that all other requirements, including open space, are provided on the site)
Landscaped or natural open space (as % _ _ 35% of total lot area)
Building height
. Principal dwellings 40 ft. 40 ft. 40 ft.
. Detached accessory structures
- Flat roof 14 ft. 14.ft. 14 ft.
- Sloped roof 30 ft. 30 ft. 30 ft.
Minimum building envelope, exclusive 2,000 sq. ft. 2,000 sq. ft. 5,000 sq. ft. of setbacks and slopes greater than 40%, with access and adequate building area
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17.25.060 ADDITIONAL SETBACK REGULATIONS
A. General setback provisions
1. Each lot or parcel of residentially-zoned land shall have minimum front, side, and rear yard setbacks, and setbacks between buildings, as required for the zone in which the property is located, for the specific use when applicable, or by this section, whichever requirement is the greatest, except as modified by an adopted specific plan or development agreement. The reviewing authority may require setbacks greater than the minimum requirement in order to meet the goals and policies of the General Plan, including but not limited to minimizing grading, tree removal, degradation of sensitive habitat, land use impacts, or other similar objectives.
2. In a case where a final tract map has been recorded that indicates minimum setback requirements less than those set forth in this chapter, the setback requirements of this chapter shall apply. In a case where a final tract map or composite development plan has been approved or recorded that indicates setback requirements in excess of those set forth in this chapter, the greater standard shall apply.
3. Setbacks from streets shall be measured from the edge of the ultimate public or private street right-of-way, to the nearest edge of the building.
B. Setbacks for animal uses in R-L Zone
1. Any building or enclosure used for keeping animals shall be located at least 50 feet from the front property line, and at least 70 feet from buildings used for human habitation, public parks, schools, hospitals, churches or similar assembly- type uses. For purposes of this section, buildings used for human habitation shall not include attached or detached garages or storage buildings.
2. Animal enclosures shall be located at least 5 feet from interior side and rear property lines, and 15 feet from side street rights-of-way (excepting bridle paths). Fences used for animal enclosures shall be at least 5 feet in height and shall be of such construction as to preclude their escape. For purposes of this section, animal enclosures shall include areas used for maintaining, grazing, riding, leading, exercising, tying, hitching, stabling, and allowing animals to run at large. This section shall not preclude the riding or leading of horses to or from the premises in order to gain access to a bridle path, trail or street.
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C. Setbacks for accessory structures applicable to R-L and R-1 Zones
1. Where the elevation of the lot at a point 20 feet from the lot line facing the street from which access is gained is seven or more feet above or below the grade of the centerline of the street, a private garage and/or carport, attached or detached, and associated entries (not including rooms), shall have a minimum setback of 5 feet from the front or street side lot line, provided that all of the following requirements are met: (1) such garage does not exceed 15 feet in overall height as measured from the centerline of the street; (2) such main entry does not exceed 15 feet above natural grade; (3) such garage is not closer than 25 feet to the centerline of the street; and (4) all required parking can be provided on the lot.
2. A guest house or temporary dependent housing unit shall not be located closer than 10 feet (including eaves) from the rear property line; the front and side yard shall be the same as required for the main structure. A minimum distance of 10 feet (including eaves) is required between a primary residential unit and a detached accessory dwelling unit established on the same lot or parcel of land.
3. A minimum distance of 6 feet is required between any other detached accessory structure and a primary residential structure established on the same lot or parcel of land.
D. Setbacks for accessory structures applicable to all residential zones
1. All satellite dishes and antennae shall meet the setback requirements of the zone.
2. Swimming pools and spas at grade, including all accessory or appurtenant structures and equipment, may encroach into interior side and rear yard setbacks but no closer than 5 feet to the lot line; in no case shall these structures be permitted within the front yard or side street yard. In cases where accessory equipment is housed in an enclosed building, the setbacks shall be the same as for storage sheds.
3. Tennis courts and play courts shall be set back a minimum of 15 feet from the rear and side lot lines, and 10 feet from any other structure; they are not permitted within the front setback (see Section 17.25.140).
4. Portable storage sheds, children’s playhouses, and other similar non-habitable accessory structures that are less than 10 feet in height shall not be located closer (including eaves) than 10 feet to the rear lot line.
5. Storage sheds, children’s playhouses, attached or detached patio covers, gazebos, and other similar non-habitable structures that are over 10 feet in height shall not
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be located closer than 15 feet from the rear property line. The front and side yard setbacks shall be the same as required for the main structure.
6. A fence or wall not more than 6 feet in height or a hedge maintained so as not to exceed 6 feet in height may be located on the interior side or rear lot lines, provided that such fence, wall, or hedge does not exceed a height of 48 inches within the required front yard or street side yard (except as provided in paragraph 7 below).
7. Within the required front yard and street side yards of residentially zoned properties, a solid fence, wall, or hedge may not exceed 48 inches in height. Fences may exceed 48 inches in height in these areas provided that either the entire fence or the portion of the fence above 48 inches above natural grade shall be of decorative open-view materials (e.g., tubular steel, wrought-iron, split rail, or other material which does not obstruct views). Any such wall or fence shall be located within the property line of the subject parcel and outside of any access easement. Within Zone R-3, any gates for vehicles must be set back a minimum of 20 feet from the property line to allow for vehicle parking when the gate is closed.
8. Where garages that serve residential uses are accessed from an alley at the rear of the lot, the garage may encroach into the required rear yard up to five (5) feet from the rear lot line.
E. Setbacks for non-residential uses in residential zones
1. A church, library, museum, camp, conference center, retreat center, or other institutional use conditionally permitted in residential zones shall be located at least 25 feet from any lot or boundary line of adjoining property which is zoned or used for residential purposes, and at least 15 feet from side, side street and rear lot lines which do not abut residential properties, in addition to meeting other setback requirements of the zone.
2. In the case of a church, library, museum, camp, conference center, retreat center, or other institutional use conditionally permitted in residential zones, no required front yard or side street yard is to be used for the parking of vehicles. Parking may be permitted in the interior side and rear yards provided that such parking is located at least 5 feet from the side or rear lot line.
3. For hotels, motels, bed and breakfast establishments, and other commercial lodging facilities located in residential zones, the minimum side yard setback shall be 10 feet; except that when the buildings are arranged on the site so that the rear of the building abuts one side yard and faces the opposite side yard, the front of the building shall be no closer than 15 feet to the side property line which it faces.
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When such uses are located on a site in parallel rows which face each other across a courtyard, the minimum building separation shall be 30 feet from the front of one building to the front of the other.
F. Distances between buildings for multiple family residential developments
1. The minimum distance from the front of one residential building to the front of another residential building within the same development project shall be 30 feet.
2. Except as specified in paragraph 1 above, a minimum distance of 15 feet is required between all principal residential buildings established on the same lot or parcel of land.
3. A minimum distance of 10 feet is required between all principal residential buildings and any accessory building established on the same lot or parcel of land. A minimum distance of 6 feet is required between all principal residential buildings and any other detached accessory structure established on the same lot or parcel of land.
G. Permitted projections into required setbacks
1. Eaves, awnings, cornices, chimneys, wing walls, bay windows without floor area, or other similar architectural features attached to the main building and supported at or behind the building setback line, may project into any required yard a maximum of three feet, except that in no case may such features encroach closer than 30 inches to the property line. Bay windows exceeding 12 feet in width or 50 percent or more of the width of the wall on which they are located must conform to the setback requirements for the main structure.
2. Uncovered decks, balconies, platforms, entryways, landings, and walkways which do not extend above the level of the ground floor of the building or do not exceed a height of 48 inches above grade may encroach into any required front or street side yard not more than 6 feet, and into any required interior side or rear yard by not more than 6 feet or closer than 2 feet to the property line. An openwork railing not more than 4 feet in height may be installed or constructed on any such structure.
3. Uncovered bridges or platforms providing access to required parking areas, parking platforms, and main entries may be permitted in the front or street side setback areas, providing that no portion of said bridge or platform other than required handrails or guardrails may exceed 18 inches in height as measured from the grade of the edge of right-of-way. An openwork railing not more than 4 feet in height may be installed or constructed on any such structure.
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4. Open and unenclosed fire escapes, stairways and door stoops may encroach by not more than 3 feet into a rear or interior side yard, provided that they are no closer than 3 feet from the property line; these features may not project into required front or street side yards.
5. Planter boxes or masonry planters, not to exceed a height of 42 inches, may project into the required front or rear yard setback by no more than 6 feet; such features may not encroach into side yard setbacks.
6. Fireplace structures not wider than 8 feet may encroach into required yards up to 2 feet, but no closer than 3 feet to the property line.
7. Guard railings for safety protection may be located in any front or side street yard provided they are not more than 48 inches in height.
8. Attached, unenclosed patio roofs may encroach into the required rear yard but no closer than 15 feet from the property line, and shall be counted as part of the building coverage on the lot.
17.25.070 RESIDENTIAL PARKING STANDARDS
A. General parking requirements for residential zones
1. Off-street parking shall be provided for any new building constructed and for any new uses established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which any use is conducted, that would result in additional parking spaces being required, subject to the provisions of this section.
2. No existing use of land or existing structure where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed by this section. Facilities being used for off-street parking may be reduced in capacity to the minimum standards prescribed in this chapter to provide for landscaping and snow storage.
3. All off-street parking spaces and driveway areas shall be paved and maintained for the duration of the use requiring such areas in accordance with City standards.
4. All required parking spaces, including covered spaces, shall be maintained exclusively for the parking of vehicles of the occupant(s) of the premises or their guests.
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5. All required off-street parking spaces shall be located on the same lot as the use to be served.
6. Vehicle parking shall be allowed within designated driveways, parking pads or garages. No parking of vehicles shall be permitted within the natural open space area provided within the front, side or rear yards of the dwelling unit.
7. Where the application of the off-street parking requirements results in a fractional number of spaces, a fraction of one-half or greater shall be rounded to the next higher whole number, and a fraction of less than one half shall not be counted.
8. The required parking is cumulative for all of the uses proposed on the same lot, except as otherwise approved. The applicant may submit a parking study prepared by a qualified traffic engineer to justify the provision of a lesser number of spaces than that required by this section, based on shared use of spaces, the nature of the use, or other factors, and the reviewing authority may approve a reduction of the parking requirement based upon the recommendations contained in the approved parking study as part of the land use approval process. In the event no other land use approval process is required to establish the uses in question, a minor modification allowing reduction in required parking based upon an approved parking study may be approved.
9. The off-street parking requirements contained in this section are minimums for the listed uses. If evidence before the reviewing authority shows that a specific application will result in a higher demand for parking than is normally expected for that type of use, a greater number of spaces may be required.
10. Parking of abandoned, unlicensed, or inoperative vehicles is subject to and will be abated pursuant to applicable provisions of the Big Bear Lake Municipal Code and the California Vehicle Code.
11. Commercial vehicles, as defined in Section 22507.5 of the California Vehicle Code, shall not be parked on any public or private property used for residential purposes unless they are (1) in the process of making an immediate pickup or delivery of goods, or (2) making a service call to the occupants of the premises, or (3) said vehicle is used by an occupant of the premises as a primary means of transportation to and from work.
B. Parking for single family residential zones and uses
1. Single-family detached residential dwelling units in any zone shall be provided with a minimum of 2 parking spaces, which may be tandem spaces.
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2. No alteration of a single family dwelling unit which has at least one covered parking space at the time such alteration is proposed shall be approved, if said alteration would result in the elimination of all covered parking spaces on the lot; at least one (1) covered parking space shall be maintained.
3. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items is permitted within the side yard or rear yard of the dwelling unit, provided that such items are stored on a paved or impermeable surface and that screening is provided from adjacent rights-of-way. These items shall not be parked within the area of the lot considered to be the front yard (excluding the driveway). No more than 2 of these items may be kept on a single-family residential lot, except within a permitted, enclosed building.
4. Except as otherwise allowed by a home occupation permit issued pursuant to section 17.03.270, parking or storage of commercial or business-related vehicles, equipment, materials, and tools is not permitted on single-family residential lots; except that a business or commercial vehicle regularly used to transport a resident of the home to and from that person’s place of employment is exempt from this restriction.
5. The use of tents, canopies or similar devices to shade vehicles is not allowed in residential zones. Where provided, covered parking shall consist of permanent structures, such as garages or carports, and shall meet all applicable codes. This section shall not be interpreted to restrict the use of vehicle coverings that are attached to the vehicle and are not affixed to the ground.
6. Where provided, garages and carports shall meet all applicable codes. A single- car garage for single-family residential use shall have minimum clear inside dimensions of 10 feet (width) by 20 feet (length). A double-car garage shall have minimum inside dimensions of 20 feet by 20 feet. Additional parking spaces within an enclosed garage shall be a minimum of 9 by 19 feet each.
7. The minimum driveway width for a single-family residence shall be 12 feet, and the maximum driveway width at the street shall be 24 feet. Driveways for garages accommodating 3 or more vehicles shall be tapered down at the street.
8. Driveways for single-family residential uses shall not exceed a grade of 14 percent, except as otherwise approved by the City Engineer and Fire Department.
C. Parking for small-scale multiple family residential uses (2, 3, 4, or 5 family dwellings)
1. Construction of new attached or detached two, three, four, or five family dwellings shall be required to provide 2 parking spaces per dwelling unit, of which 1 parking space shall be covered. When the addition of new units to
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existing units is proposed to increase the residential density of the site, at least 1 covered parking space for each existing and proposed dwelling unit on the site shall be provided, in addition to the required uncovered parking.
2. For additions and/or alterations to existing two, three, four, or five family dwellings which do not result in increased density on the site, and for which there exists no covered parking spaces at the time the addition or alteration is proposed, provision of covered parking spaces shall not be required; except that any such addition or alteration shall not be located or configured on the lot so as to preclude the future construction of accessible, covered parking spaces for each unit on the lot.
3. Parking spaces provided pursuant to this section shall be located no further than 100 feet from the main entry of the dwelling unit they are intended to serve, except as otherwise approved by the reviewing authority to limit tree removal or grading.
4. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items is permitted within the side yards or rear yards of the dwelling units, provided that such items are stored on a paved or impermeable surface and that screening is provided from adjacent rights-of-way. These items shall not be parked within the area of the lot considered to be the front yard (excluding the driveway) of any dwelling unit. No more than 2 of these items may be kept on the lot, except within a permitted, enclosed building.
5. Except as otherwise allowed by a home occupation permit issued pursuant to Section 17.03.270, parking or storage of commercial or business-related vehicles, equipment, material and tools is not permitted; except that a business or commercial vehicle regularly used to transport a resident of one of the units to and from that person’s place of employment is exempt from this prohibition.
D. Parking for large-scale multiple family residential uses (6 or more dwelling units)
1. Multiple-family residential projects with 6 or more dwelling units (excluding manufactured home parks and manufactured home subdivisions; see Section 17.25.180) shall provide a minimum of 1 parking space for each studio or one- bedroom unit; 2 spaces per each two or three bedroom unit; and 3 spaces for each unit with four or more bedrooms.
2. In addition to required parking for residents, each multiple family project shall provide a minimum of 2 guest parking spaces for each four units up to 12 units; 1 space for each four units for the 13th to the 48th unit; and 1 space for each additional 6 units above 48 units. These spaces shall be designed to be accessible to guests and visitors and shall not be allocated to individual units.
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3. At least 50 percent of the total parking spaces on the site shall be covered.
4. A driveway apron of no less than 5 feet in length shall be provided between any garage and the adjacent private street or drive aisle of a multiple family residential project.
5. Parking spaces designated for each dwelling unit shall be located no farther than 100 feet from the unit they are intended to serve, except as otherwise approved by the reviewing authority to limit tree removal or grading. For housing projects where parking spaces are not designated for specific dwelling units, parking shall be located within 150 feet of all dwelling unit entrances.
6. Pedestrian walkways shall be designated and clearly delineated between parking areas and residences. The parking area shall be designed to minimize the need for pedestrians to cross parking aisles or landscaped areas in order to reach their destinations.
7. Parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items may be allowed as part of the site plan for the project, provided that a designated area is provided for such items with a paved or impermeable surface and that screening is provided from adjacent properties and the interior of the site by use of a decorative 6-foot visual barrier. This area shall be used for storage by residents only.
E. Parking for other uses allowed in residential zones
1. Parking for non-residential uses permitted in residential zones, such as churches, schools and other primary uses listed in Table 17.25.010.A. shall be required as specified in Table 17.35.070.A. and other applicable regulations in Chapter 17.35.
2. Parking for boarding and rooming houses shall be provided at a ratio of 1 space per guest room, plus 3 spaces. Parking spaces shall be located no more than 100 feet from building entrances.
3. The parking requirement for any use not specifically listed shall be determined by the City Planner on the basis of the requirements for similar uses.
F. Design standards for parking areas
The following parking lot standards shall apply to all residential uses other than single- family residential:
1. Driveways providing access to garages, carports, and open parking spaces shall be a minimum of 12 feet in width for one-way traffic, and 24 feet for two-way
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traffic, except as otherwise approved by the City to minimize grading and/or tree removal. In no case shall a two-way drive aisle be less than 20 feet in width.
2. Any driveway providing access for fire apparatus shall be a minimum of 20 feet, with a minimum turning radius of 40 feet.
3. Head-in or diagonal parking spaces shall be no less than 9 feet in width and 19 feet in length; parallel parking spaces shall have a minimum dimension of 10 feet by 24 feet. Minimum vertical clearance for parking spaces shall be 15 feet for uncovered spaces and 8 feet for covered spaces. No reduction in these dimensions shall be permitted.
4. The minimum drive aisle width for one-way aisle shall be provided as follows:
Parallel parking spaces 12 feet aisle width 30 degree spaces 16 feet 45 degrees 18 feet 60 degrees 20 feet 90 degrees 24 feet
5. Parking with access for disabled persons shall be provided in accordance with state law. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 14 feet wide by 19 feet long, and shall be located in an area not exceeding 2 percent slope. All spaces shall be located near or convenient to a level or ramped entrance, not exceeding a 5 percent slope, to the facility served by the parking space. Parking spaces for the handicapped shall be signed and restricted for use by the handicapped only.
6. Parking lots and driveways shall be constructed with 3 inches of asphalt paving over 4 inches of aggregate base, except as otherwise approved by the City Engineer based upon the recommendations of an approved soils study provided by a qualified soils engineer. Alternate surface material may be considered if it is shown that such material will not cause adverse effects and that it will remain in a usable condition.
7. Parking areas shall be graded and provided with permanent storm drainage facilities. Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets and to preclude standing pools of water within the parking facility.
8. The maximum grade of parking lots shall not exceed 5 percent. The maximum grade of driveways serving parking lots shall not exceed 10 percent.
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9. Each parking space shall be individually accessible, except that automobiles may be parked in tandem where the parking area is serving a single dwelling (including dwellings in multiple-family developments where each dwelling has its own driveway) and where the tandem parking is not more than 2 cars in depth. Both tandem spaces must be for the same dwelling and not more than one such space may be enclosed.
10. Parking lots shall be designed so that vehicles do not have to exit the site to get from one parking space to another. Design shall ensure that no vehicle must back into a public right of way to maneuver into or out of the site.
11. Parking lots shall be designed in consideration of existing trees on the site, in conformance with Chapter 17.10. Existing trees over 6 inches DBH shall be preserved to the extent practicable in the design of parking lots. Within lots having 6 or more parking spaces, trees shall be provided at a ratio of 1 tree per 6 parking spaces, which may include existing trees to be preserved on site or newly planted trees, provided that any such trees counted to meet this requirement must be located within 10 feet of the parking area.
12. For multiple family residential projects with private streets or driveways, visitor parking shall be provided in off-street visitor parking bays within 150 feet of all dwelling units. Visitor parking shall be clearly delineated through proper signage as approved by the Planning Division.
13. In parking lots where headlights from vehicles will shine into adjacent residential units, screening of headlight glare shall be provided which may include but not be limited to screen walls, berms, landscape planting, or a combination thereof.
14. For parking lots with 6 or more spaces, at least 5 percent of the parking area shall be landscaped. The parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering and landscaping within that portion of the premises that is devoted to vehicular parking and circulation. Any planter area containing trees shall be no less than 5 feet in width, excluding paving.
15. Where the side of a parking space abuts a landscaped planter, a minimum 12-inch wide paved landing strip shall be provided adjacent to the parking space to accommodate passengers exiting the vehicle. Where the front of a parking space abuts a walkway, the walkway shall be a minimum of 6 feet in width to allow for vehicle overhang.
16. Parking lots shall be designed to accommodate snow plowing and snow storage. An area for snow storage shall be designated on the site plan, which shall be adequate to accommodate snow on the site without diminishing the number of parking spaces available. Snow storage area may be combined with required
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landscape area, provided that plant materials will not be damaged by plowing operations. No wheel stops or raised curbs shall be permitted within parking areas.
17. All parking areas shall be maintained in good condition at all times, free from potholes and excessive cracking, with pavement striping clearly visible.
18. In the event practical difficulties and hardships result from the strict enforcement of the parking standards due to existing permanent buildings or an irregularly shaped parcel, the City Planner may grant a minor deviation to the standards with respect to allowance of limited off-site parking, maximum of 15 percent reduction to on-site parking spaces, or minor reconfiguration of existing parking to comply with accessibility requirements, pursuant to Section 17.03.180 of the Development Code. All other requests to deviate from residential parking standards must be approved through the Variance procedure pursuant to said section.
17.25.080 RESIDENTIAL SITE DESIGN STANDARDS
A. Grading and clearing
1. Except for minor landscaping or weed removal, no lot may be graded or vegetation cleared until such action is shown on and consistent with an approved development plan or permit, which may include subdivision map, use permit, grading permit, and encroachment permit. Grading should be limited to the extent feasible to accommodate a building footprint for structures, parking, access, landscaping, and snow storage.
2. Existing trees and vegetation shall be preserved to the maximum extent possible. No live trees over 6 inches DBH shall be removed without prior approval, as required by Chapter 17.10, and replacement trees may be required by the reviewing authority.
3. Development should relate to the natural surroundings and follow natural contours as much as possible. Graded slopes should be rounded and contoured to blend with the existing terrain. Split-level pads, built-up foundations, stepped footings, and similar techniques should be used in areas of moderate to steep gradient. Grading should be designed to complement the project’s orientation, scale, height, design, and transition with surrounding properties.
B. Site access
Direct access shall be provided to all residential development from a public right-of-way or private street, as approved by the City Engineer. The use of private easements over
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adjacent lots as the only access to new residential lots is not allowed; however, this provision shall not preclude adjacent property owners from granting reciprocal access rights to each to share a common driveway.
C. Open space and landscaping
1. Landscaping shall be provided in accordance with this section, Chapter 17.10, and applicable regulations of the Department of Water, as these requirements may be amended from time to time. Installation of new landscape planting on residential lots, which may include expanding landscaped areas within an existing landscaped lot, or replacing existing plant materials with new plant materials of a different variety and water consumption, shall be subject to the requirements of this section.
2. The following landscape standards shall apply to installation of new landscape planting in all single family residential development, in any zone, after the effective date of this Development Code:
a. Prior to installation of any new landscape planting, applicable permits shall be obtained from the Big Bear Lake Department of Water.
b. Grass, turf, or sod areas shall not exceed 25 percent of the available landscape area up to a maximum of 1,000 square feet.
c. Except for allowable turf area, landscaped areas shall include the use of drought-tolerant plant materials and drip irrigation systems, along with other xeriscape techniques such as use of decorative rock and hardscape.
d. Landscaping shall be maintained in accordance with the approved landscape plan.
e. Watering hours and restrictions shall be observed as set by the Big Bear Lake Department of Water.
3. Landscape plans for multiple family residential projects and other conditionally permitted uses within residential zones shall be reviewed and approved by the appropriate reviewing authority prior to installation of new landscape planting after the effective date of this Development Code, and shall comply with the following requirements:
a. At least 35 percent of the project area shall be maintained as open space; however, not all of this area must be landscaped with plant materials or irrigated. To the extent feasible, the City encourages the preservation of
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native forest habitat within development projects, especially for portions of the site having significant numbers of trees.
b. The use of grass, turf, sod and similar plant materials shall be limited to the extent possible, but shall in no case exceed 15 percent of the landscaped area on the site (excluding natural areas left in native habitat). Where used, turf shall be a low-water using variety, and the turf area shall be designed for maximum efficiency of irrigation.
c. Of the portion of the site that is landscaped with non-turf plant material, 80 percent of this area shall be planted using low-water using plants.
d. Landscape plants shall be grouped on the site according to water usage, with low-water using plants grouped together.
e. Turf and other high-water using plants which depend on sprinkler irrigation shall not be planted within the critical root zones of native conifer and oak trees.
f. Ground cover areas shall be planted with low-growing container plants and mulch (instead of flatted ground cover).
g. All shrub and ground cover areas shall be mulched as specified on the landscape plans.
h. Irrigation systems should include drip heads to the extent feasible, automatic controllers, and soil moisture sensing devices. Where spray irrigation heads are used, they shall be designed so as not to spray on paved areas, walkways, rights-of-way, native conifers or oaks, or buildings.
i. Watering hours and restrictions shall be observed as set by the Big Bear Lake Department of Water
D. Walls and fences
1. Materials for fences and walls on residential properties shall be of decorative construction, in keeping with the primary buildings and the mountain environment. Razor wire, barbed wire, and other similar types of security fencing are prohibited in residential zones. Except for use in animal enclosures on lots of 1 acre or greater, untreated chain link fencing is not permitted in residential zones. Chain link fencing which is treated with a dark green, black or brown finish is allowed on residential lots.
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2. All concrete or masonry block retaining walls visible from off site shall be made of split face block, faced with rock, or similarly treated to be visually attractive.
E. Lighting
1. For the purposes of establishing lighting requirements, the following terms shall apply:
Cutoff shall mean the point at which all direct light rays from the bulb are completely shielded from view.
Footcandles shall mean the measurement of lighting level at the property line at ground level, as measured with a direct-reading, portable light meter. The measurement shall be made after dark, first with the lights on and then again with the lights off. The difference between the two readings shall meet the standard for maximum permitted illumination in footcandles.
Luminaire shall mean the lighting fixture containing the light source or bulb.
Luminaire height shall mean the distance from ground level to the highest point of the luminaire (including base and pedestal).
2. Within residential zones, all luminaires shall be designed to have a cutoff of less than 90 degrees, as shown on the following illustration (see top of page 26):
3. Maximum permitted luminaire height shall be 15 feet. 4. Minimum permitted illumination within parking areas and walkways in residential projects of 4 or more dwelling units shall be 0.25 footcandles. 5. Maximum permitted illumination within all residential projects, regardless of size, shall be 0.5 footcandles.
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6. Decorative incandescent fixtures of 40 watts or less are allowed within residential districts without approval. 7. Any security lighting used within residential zones, including single family residential uses, shall be placed so that the bulb or light source is not visible off- site, the light is directed down, and the light level at the property line does not exceed 0.25 footcandles.
F. Snow shedding and snow storage
1. An area equal to a minimum of 5 percent of all uncovered required parking and driveway areas shall be provided on site for the storage of snow. All designated snow storage areas shall be at least 10 feet in width and depth and shall be readily accessible and usable. These areas shall be substantially free and clear of obstructions. No parking may be permitted in snow storage areas, and parking spaces on site shall not be designated for snow storage. Storage of snow on adjacent properties owned by others is not permitted. 2. Structures and eaves shall not be located so as to shed snow from a building onto an adjacent lot.
G. Flood hazard mitigation
All new residential development shall be designed in accordance with the City’s Flood Management Ordinance, as it may be amended from time to time.
17.25.090 RESIDENTIAL BUILDING DESIGN STANDARDS
A. Single family residential design standards.
The following standards shall be applied to all permitted construction or installation within the City of all detached single family structures, additions thereto, and all accessory structures, including but not limited to garages, guest houses, temporary dependent housing units, and storage buildings, except as otherwise authorized by State law.
1. All dwelling units shall be placed on permanent foundations in accordance with Building and Safety Department requirements.
2. Siding material shall consist of wood, stone, brick, decorative masonry block, stucco, or similar material. Synthetic products of a similar appearance, equivalent durability, and providing equivalent fire resistance, may be approved by the City, provided that such products are similar to and compatible with the residences in the surrounding neighborhood. Metal siding, if used, shall be non-reflective and horizontally overlapping. The exterior covering material shall extend to a point
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at or near grade, except that if an approved solid wood, metal, concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Accessory structures shall use the same or similar colors, materials, and design features as the primary structure, to the extent practicable.
3. All residential structures shall have eave and gable overhangs of not less than 12 inches measured from the vertical side of the residential structure, unless overhangs are architecturally incompatible with the design of the structure as approved by the City Planner or his/her designee. Roof materials shall be non- flammable; wood shake shingles are prohibited. Roof pitch shall not be less than 2:12.
4. All entries and exits shall be completed in accordance with requirements of the Building and Safety Department and the Big Bear Lake Fire Protection District.
5. Minimum habitable floor area of principal residential structures shall be 500 square feet measured from the exterior of the structure; except that applications to expand existing structures which are less than 500 square feet in area, in order to more nearly meet this requirement, may be approved if such expansion proposal meets all other applicable code requirements.
6. Minimum floor width and depth shall each average at least 19 feet, measured from the exterior of the structure (excluding garages, porches, patios, eaves, cabanas, and pop-outs).
7. Utility hookups and an area to accommodate installation of a clothes washer and dryer shall be provided within the primary structure or within an enclosed accessory structure.
8. Except as otherwise provided within this Development Code, any manufactured home installed or constructed in accordance with the provisions of this section shall be allowed wherever the zoning allows construction of a single family structure.
9. A building permit for the issuance of a manufactured home not within an approved and properly licensed manufactured home development shall not be issued, if more than 10 years have elapsed between the date of manufacture and the date of the application for the issuance of the permit to install such manufactured home.
10. Every dwelling unit must conform to the height, setback, lot coverage and other applicable provisions of the zone in which it is proposed to be located.
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B. Multiple family residential design standards
1. Dwelling size
The following minimum dwelling areas shall be computed by calculating the living areas as measured from the outside walls and excluding garages, carports, exterior courtyards, patios, and balconies, except as otherwise approved in conjunction with approval of an affordable housing project:
Minimum Dwelling Areas
Livable Area in Sq. Ft. Maximum No. Bedrooms Minimum No. Baths
500 Bachelor/studio 1
600 1 1
800 2 1
1,000 3 2
1,200 and over 3 or more 2
2. All multiple family developments with 4 or more dwelling units shall provide 25 percent of the site in usable common open space for passive and active recreational uses. For purposes of meeting this requirement, usable open space areas shall not include public or private rights-of-way; vehicle parking areas; areas less than 15 feet in width adjacent to or between structures; required building setback areas; private patios or yards; or areas having a slope greater than 3:1.
3. Each dwelling unit shall have a private (walled or fenced) patio, balcony, or yard area of not less than 200 square feet in area or 25 percent of the dwelling unit size, whichever is less.
4. All multiple family developments with 6 or more dwelling units shall provide recreational amenities within the site, which may include but are not limited to the following: swimming pool; spa or Jacuzzi; clubhouse; tot lot with play equipment; picnic – barbecue area; court game facilities; or other amenity as approved by the reviewing authority. The type of amenities required shall be dependent upon the nature of the development, and shall be approved in conformance with the following schedule:
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Required Residential Amenities in Multiple Family Developments
Number of Dwelling Units Number of Amenities
0-5 0
6-30 1
31-60 2
61-90 3
91-150 4
Add 1 amenity for each 50 additional units or fraction thereof.
5. Climatic conditions shall be considered in locating common open spaces; to the extent feasible, these areas should be screened from wind, provided with shade from summer sun, and open to winter sunshine.
6. Each dwelling unit shall be provided with a minimum of 150 cubic feet of private enclosed storage space within the garage, carport, or within or adjacent to the dwelling unit.
7. Dead-end driveways of over 100 feet in length should be avoided in multi-family projects.
8. All portions of single-story structures shall be within 150 feet of access by emergency vehicles; all portions of multi-story structures shall be within 50 feet of emergency vehicle access.
9. Common laundry facilities of sufficient number and accessibility, consistent with the number of living units and the California Building Code, shall be provided, if dwelling units are not plumbed and wired for laundry facilities.
10. Each dwelling unit shall be plumbed and wired for a washing machine and dryer, if no common laundry facilities are provided.
11. Management and security plans shall be submitted for review and approval for multiple family developments with 10 or more dwelling units.
12. Trash collection areas shall be dispersed throughout the project. Trash collection areas not located within a building shall be paved and located a minimum of 5
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feet from the private street or drive aisle. Trash enclosures shall be constructed in accordance with City standards, and the location shall be approved by the disposal provider. Trash enclosures shall be located at least 5 feet from any structure, and outside of the front and street side setback areas. One trash area shall be provided for the first 10 dwelling units or fraction thereof, and 1 for each additional 10 units or fraction thereof.
13. Adequate internal and external lighting within all publicly accessible areas of the development, including walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood. Lighting standards shall be of decorative design, complementary to the design of the main structures.
14. Placement of buildings and open space areas shall be designed to facilitate visibility by residents, passers-by, and law enforcement personnel. Passageways having dead-ends or lacking visibility from adjacent buildings, walkways, and/or streets shall not be allowed.
15. Roof access from all buildings shall be internal; no outside ladders may be attached to buildings.
16. All rooftop equipment, excluding solar panels, shall be screened through architectural means in keeping with the design of the main structure(s).
17. Where visible, drainage downspouts, roof vents, and other equipment shall be painted to match the surface to which they are attached.
18. Utility equipment and service areas shall be screened through building placement, walls, fences, or landscaping, as approved by the reviewing authority.
19. Dwelling units shall be pre-wired to accommodate cable reception. Satellite dish antennas shall be prohibited on roofs, and shall be screened in a manner which is compatible with adjacent structures.
20. Multiple residential structures shall be designed so as to break up long wall or roof planes by offsets, shadow lines, façade treatment, and other similar means. Architectural treatments shall be included on all sides of structures. For purposes of meeting this section, use of various paint colors shall not be sufficient.
21. Carports, garages, trash enclosures, and other accessory structures shall be designed to reflect the architecture of the primary buildings with respect to style, colors and materials.
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22. Individual garages with parking aprons of less than 20 feet in length shall have automatic garage door openers and sectional roll-up doors; in no case shall the drive approach in front of individual garages be less than 5 feet in length.
23. Bicycle racks shall be provided in secure locations throughout the project, with the number and location to be approved by the reviewing authority.
24. Sign requirements are as follows:
a. Identification signage for multiple family housing developments may be permitted in accordance with Section 17.12.090 (Signs).
b. Adequate directional signs shall be provided to direct traffic to the manager’s unit, parking areas, recreation areas, unit numbers, entrances and exits, in accordance with Section 17.12.050.C (Signs).
17.25.100 RESIDENTIAL PERFORMANCE STANDARDS
A. Property maintenance
1. Property owners are responsible for the continuous maintenance of all buildings, structures, yards, landscaping, signs, parking areas, recreational facilities, and other improvements in a manner which does not detract from the appearance of the surrounding area.
2. Multiple family residential developments and other projects which are subject to the development review process shall be maintained in compliance with all applicable conditions of approval imposed on the project.
3. For condominium projects, a homeowner’s association shall be formed which shall be responsible for maintenance of common recreational facilities, common open space areas, landscaped areas, pathways, private streets, and other common areas identified on the subdivision map. The conditions, covenants and restrictions establishing maintenance shall be approved by the City prior to recordation of the subdivision map.
B. Fire protection
Except as otherwise required by the California Fire Code, residential property owners shall be responsible for reducing the accumulation of forest fuels around their property, through implementation of the following measures within 10 feet of roads and driveways, and within an area surrounding the dwelling unit(s) from 0 –30 feet in the front and rear yards, or to the property lines (whichever is less); and between the dwelling unit(s) and side property lines:
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1. Remove all dead, burnable fuels, including but not limited to all pine needles and branches on roofs, ground debris, logs and snags, dead trees, grass 4 inches and higher, pine needles on the ground down to a 2-inch depth, and dead branches in bushes and trees. 2. Stack cut logs or firewood away from any structure. 3. Thin dense groups of young trees (less than 6 inches in diameter) to a 6-8 foot spacing, measured trunk to trunk. Removal of any live tree with a diameter of more than 6 inches measured at 4.5 feet above the ground requires approval by the City. 4. A tree taller than 45 feet should have its branches trimmed back to the trunk if those branches have any portion lower than 12-15 feet from the ground. A tree shorter than 45 feet should be trimmed to remove any dead branches up one-third of its total height. 5. Any branches that have any portions less than 10 feet from chimney openings shall be completely trimmed. 6. All litter generated from clearing and trimming shall be properly disposed of within one week, except that any logs infested with bark beetles shall be treated prior to removal as recommended by the California Department of Forestry or a qualified tree expert. 7. A layer of ¼ inch of borax powder or other approved material shall be spread on the tops of all cut pine, fir and cedar stumps within 2 hours of cutting, except where stumps are ground to below grade.
C. Outdoor storage and uses
1. The outdoor storage of any materials or equipment not accessory to the primary use of the property, including lumber, construction materials, inoperable vehicles, auto parts, household appliances, pipe, drums, machinery, furniture, or trash, which is readily visible from off-site, is prohibited; provided, however, that this paragraph shall not preclude the storage of firewood on the property in accordance with Section 17.25.100.B. 2. No open storage shall be permitted in any required front or side yards adjacent to a street or highway in residential zones.
D. Line of sight restrictions
1. A substantially clear line of sight shall be maintained between the driver of a vehicle waiting or yielding at an intersection or driveway and the driver of an
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approaching vehicle on the other approaches to the intersection or the street being entered from the driveway, as determined by the City Engineer.
2. It shall be the responsibility of the property owner or agent to remove from such property or any adjacent right-of-way any such obstruction that would impede the required clear line of sight.
17.25.110 BED AND BREAKFAST ESTABLISHMENTS
The following regulations apply to bed and breakfast establishments operated within single- family residences in any residential zone; bed and breakfast establishments which do not comply with the following regulations are deemed to be commercial lodging establishments and are subject to commercial zoning requirements and approvals for that use.
A. One parking space per guest room shall be provided in addition to the 2 required spaces for the owner-operator. B. The maximum number of guest rooms shall be 5; the minimum number of guest rooms shall be 2. C. The maximum length of stay shall be 30 days. The total number of occupants, including guests and permanent residents, shall be determined by the Chief Building Official, as set forth by current building codes and ordinances, with a maximum occupancy level of sixteen (16) occupants. D. The property owner shall reside full-time on the premises. E. Kitchens shall be prohibited in guestrooms, however, mini-refrigerators, microwaves, and coffee makers may be permitted in the guestrooms for the convenience of the guest. No other countertop appliances, including hot plates or similar appliances, shall be allowed. F. Notwithstanding the provisions of the Chapter 17.12 of the Development Code (Signs), signs for bed and breakfast facilities in R-L and R-1 zones may be permitted provided the sign area does not exceed 12 square feet, sign height shall not exceed 6 feet, sign shall be set back a minimum of 1 foot from the right-of-way;; and sign shall be securely attached to the building wall or a wood post in compliance with applicable provisions of Chapter 17.12. Signs may only be externally illuminated. G. Smoke detectors shall be installed within each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping room. Battery- operated smoke detectors are acceptable provided that they are maintained in good working order at all times, except as required by other applicable codes. H. The bed and breakfast shall be equipped with a minimum of one 2A:10B:C type extinguisher with 75 feet of travel distance to all portions of the structure; at least one such extinguisher is required per floor. Fire extinguishers(s) shall be mounted in visible
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locations with the tops of the fire extinguishers mounted between 3 and 5 feet above the floor, and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers.
I. Emergency exit routes shall be illuminated with a battery-operated emergency light, so as to provide for safe exiting in the event of electrical failure.
J. Public use of uses ancillary to the establishment are subject to standards contained in Section 17.25.220 of this chapter.
17.25.120 GUEST HOUSES
The following regulations apply to guest houses established on a single-family residential lot in any residential zone; guest houses which do not comply with the following regulations are deemed to be additional dwelling units and are subject to density restrictions, zoning requirements and approvals for such use.
A. A guest house shall be used only by the occupants of the principal dwelling, their nonpaying guests, or domestic employees. The guest house shall not be rented and a deed restriction specifying this requirement shall be recorded by the property owner prior to occupancy of the structure.
B. A guest house may be permitted only on residentially-zoned properties which contain an existing owner-occupied single family detached dwelling unit, and which are 7,200 square feet in size or larger.
C. Only one guest house may be permitted per lot of record.
D. Guest houses shall be located in the rear of the lot (back yard) and shall not extend into the required front or side yards. Such structures shall conform to all setback and lot coverage standards of the zone.
E. The floor area of a guest house shall not exceed 1,200 square feet. Minimum size shall conform to the requirements of the Uniform Building Code.
F. There shall be no kitchen, cooking, or wet bar facilities within a guest house.
G. Design, materials, and construction shall conform to the requirements of Section 17.25.090.A.
H. The driveway serving the primary dwelling unit shall also serve the guest house.
I. Each guest house shall be provided with a separate outside entrance, with adequate pedestrian access from a public street to the entrance.
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J. A minimum of 1 parking space, in a permitted location, shall be provided on the same lot as the guest house, in addition to the required parking spaces serving the primary unit.
K. Utilities shall not be metered separately for a guest house.
17.25.130 TEMPORARY DEPENDENT HOUSING UNITS
A. In conformance with California Government Code Section 65852.1, temporary dependent housing units shall be allowed in all residential zones subject to land use approval pursuant to Table 17.25.040.A. The standards contained in this section are intended to ensure that these units are compatible with existing adjacent and neighboring residential uses, and that they are maintained in accordance with the use for which they are approved.
B. For purposes of this section, a “temporary dependent housing (TDH) unit” shall mean a detached or attached dwelling unit intended for the sole occupancy of one or two adult persons who have reached the age of sixty-two (62) years, or are disabled. A TDH unit provides for complete, independent living facilities, inclusive of, but not limited to, provisions for living, sleeping, eating, cooking, access and sanitation, on the same lot as the permitted primary dwelling.
C. Standards for temporary dependent housing units:
1. The area of the floor space of an attached TDH unit shall not exceed thirty (30) percent of the existing living area. The area of a detached TDH shall not exceed 1,200 square feet.
2. A TDH unit shall comply with the minimum design standards contained in Section 17.25.090.A.
3. Approval of a TDH unit shall apply only to the property for which the application was made, and shall apply to that property as long as the unit is maintained and continuously occupied in conformance with the provisions of this section and any other conditions imposed at the time of approval.
4. For the purposes of this section, a TDH unit shall be deemed continuously occupied where the unit is occupied by qualified resident(s) for no less than nine (9) months out of any twelve (12) month period of the year and is the permanent addressed residence of such occupants. At such time as the TDH unit is abandoned, the property owner shall remove or convert the unit in a safe and efficient manner as determined by the City, either to a guesthouse without kitchen facilities or to a usable portion of the primary structure. Under no circumstances
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may the TDH unit be converted to or used as a rental unit or second dwelling unit on a residential lot, without obtaining the required land use approval.
17.25.140 TENNIS COURTS AND PLAY COURTS
A. When located in the rear of the lot (back yard) of a single family residential lot, a tennis court or play court may be allowed pursuant to this section for use only by the occupants of the principal dwelling or their guests. When located within multiple family residential complexes, a tennis court or play court shall be used only by occupants of the on-site dwelling units or their guests. The court shall not be rented or used for paid instructional purposes.
B. Within the R-L and R-1 zones, one tennis court or play court may be permitted on a lot of record at least 10,000 square feet in size or larger which contains an existing single family detached dwelling unit, or on a lot adjacent to another lot that contains a residence where both lots are under a common ownership and the combined area of the two parcels is 10,000 square feet or larger. Within the R-3 zone, tennis courts or play courts may be permitted only as an accessory use to a single-family residence on a lot of 10,000 square feet or greater, or a multi-family development on a lot or parcel of at least 1 acre or larger. Tennis courts and play courts may be included in the calculation to meet open space requirements.
C. Within the R-L and R-1 zones, minimum setbacks for tennis or play courts, measured from the property line to the court fence or lighting fixture, shall be as follows:
1. Side yard setback: 15 feet
2. Rear yard setback: 15 feet
3. Separation between edge of court and any other fence, building or structure: 10 feet
4. Within the R-3 zone, setbacks for tennis courts shall be the same as the building setback lines established for the R-3 zone. Separation between the edge of the court and any other fence, building or structure shall be 10 feet.
D. Tennis court or play court fencing shall not exceed 15 feet in height. The fence may be plastic-coated chain link, colored dark green or dark brown, or dark-colored mesh netting or wind screen material. No galvanized chain link or solid fencing is permitted.
E. No lighting for tennis courts or play courts shall be allowed in residential zones except through approval of a Conditional Use Permit and compliance with the all of the following requirements:
1. Light standards shall not exceed 14 feet in height;
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2. Light fixtures shall be designed with shields to prevent glare onto adjacent properties;
3. Mercury vapor lighting shall not be permitted;
4. Lighting level shall not exceed 0.25 footcandle at the property line, or 1 foot- candle on the court.
F. The area graded for a tennis court or game court shall not exceed 7,700 square feet. Within hillside areas where the location of the proposed court has a slope of over 10 percent prior to construction, a Conditional Use Permit and compliance with all of the following conditions shall be required:
1. Retaining walls constructed for the court shall not exceed 4 feet in height at any point along the wall;
2. A tennis court or play court shall not be located on slopes where the natural terrain prior to grading exceeds a 30 percent natural slope, or within natural drainage courses;
3. When grading is required to construct a tennis court or play court, cutting and filling shall be balanced on-site and shall not exceed 750 yards.
G. Tennis courts and play courts in zones R-L and R-1 which are not subject to review under a Conditional Use Permit shall be reviewed pursuant to a Minor Modification (Section 17.03.250).
17.25.150 CARETAKER’S RESIDENCES
A. Where a caretaker’s residence, as defined in Chapter 17.02, is allowed in any residential or non-residential zones, such caretaker’s residence shall be subject to the requirements of this section.
B. A caretaker’s residence may be occupied only by a caretaker, manager, or other person with authority to manage the premises, along with that person’s household. No other residential occupancy is permitted.
C. A caretaker’s residence shall not be used as the office space for a business.
D. Only one caretaker’s residence may be permitted per lot, business, or development project.
E. Construction of a detached caretaker’s residence shall meet the requirements of Section 17.25.090.A. Construction of a caretaker’s residence attached to another building shall
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meet the applicable requirements of Section 17.25.090.B. All caretakers’ residences shall be affixed to a permanent foundation.
F. Caretaker’s residences shall be designed and constructed with materials that are similar to and compatible with any structures constructed for the primary use, if applicable.
G. The driveway serving the primary use shall also serve the caretaker’s residence. Each caretaker’s residence shall be provided with a separate outside entrance, with adequate pedestrian access from a public street to the entrance.
H. A minimum of one covered parking space, in a permitted location, shall be provided on the same lot as the caretaker’s residence, in addition to the required parking spaces serving the primary use.
I. A caretaker’s residence shall not be constructed within a required yard or setback area. No variances shall be granted in order to accommodate a caretaker’s residence on the property.
J. The caretaker’s unit shall not be metered separately from the primary structures for utility connections.
K. Caretaker’s residences that are intended to be incorporated into the overall site plan of the property and constructed at the same time as the primary use shall be reviewed and approved as part of the development application for the primary use. A caretaker’s residence which is added to an existing facility may be approved pursuant to a Minor Modification (Section 17.03.250).
17.25.160 TRANSITIONAL HOUSING FACILITIES
A. Transitional housing facilities, designed to serve the special housing needs of families and individuals who are temporarily unable to provide their own independent housing, shall be conditionally permitted in the R-3 zone, and permitted pursuant to approval of a Plot Plan Review in the C-2 zone, subject to meeting all the requirements of this section. A transitional housing facility shall mean a facility that provides temporary residential accommodations for a specified period of time, counseling services, and other support services for 7 or more individuals, in order to prepare families and individuals for independent living. This term does not include homeless shelters or congregate meal facilities.
B. The parcel upon which the transitional housing facility is established shall conform to all standards of the underlying land use designation and zone.
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C. Residential occupancy shall be limited to families or individuals who are temporarily unable to provide their own independent housing due to economic circumstances and/or personal rehabilitation.
D. Transitional housing facilities shall not be located within ¼ mile (1,320 feet) of another transitional housing, congregate meal or homeless shelter (measured from property line to property line).
E. Accommodations shall include the following:
1. The facility shall provide at least 70 square feet of sleeping space for each resident, not including closet or storage space, multipurpose rooms, bathrooms, dining rooms, or halls.
2. Sleeping areas shall not be used as a public or general passageway to another room, bath, or toilet.
3. The facility shall provide at least 10 square feet of common living area per bed, not including sleeping space, dining areas, or kitchen areas.
4. The facility shall provide dining and kitchen areas of a sufficient size to adequately provide for the number of residents living at the facility.
5. The facility shall provide at least 8 square feet of storage area (closet or drawer space) per bed.
6. The facility shall provide 1 full bathroom, including sink, toilet, and shower, for every 7 beds.
F. Off-street parking shall be provided to include 1 space per employee on the largest shift, and 1 space for every 2 beds.
G. Transitional housing shall conform with all other applicable local, state, and federal requirements.
17.25.170 GROUP LIVING FACILITES
A. Group living facilities for 6 or more residents, including boarding houses, rooming houses, hostels, single-room occupancies, and similar facilities, shall accommodate a maximum of 54 persons per net acre.
B. Parking shall be provided at a ratio of 1 space per bedroom, or 1 space per 3 beds (in the case of dormitory-type facilities), and 2 spaces for the manager’s unit.
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C. Common areas shall be provided for tenants both within the building (including living room, dining and kitchen areas) and outside (including outdoor seating).
D. Trash collection shall be contracted with the City’s solid refuse disposal contractor as a commercial service, with adequate container capacity and pick-up to avoid accumulation of trash on site. A trash enclosure meeting City standards shall be provided on the site, with the location approved by the disposal company.
E. Group living facilities with 6 or fewer residents shall comply with all applicable requirements for a single dwelling unit.
17.25.180 MANUFACTURED HOME SUBDIVISIONS AND PARKS
A. The minimum site area for new manufactured home parks and subdivisions shall be 5 acres.
B. Residential density shall not exceed that permitted by the General Plan, except as modified for an affordable housing project.
C. Home sites shall have the following dimensions and coverage requirements:
1. Average home site within a manufactured home park shall be 3,000 square feet, with no site smaller than 2,500 square feet. 2. Minimum lot size within a manufactured home subdivision shall be 5,000 square feet. 3. Minimum average width of a manufactured home park site shall be 42 feet for sites designated for a single-wide manufactured home, or 30 feet plus the width of the dwelling unit for sites designated for double-wide or wider manufactured homes. 4. Maximum coverage of any home site shall be 75 percent (including the dwelling unit and all accessory structures).
D. Yards and setbacks for manufactured home sites shall be required as follows:
1. Front setback: 10 feet 2. Side setback: either 5 feet on each side, or zero lot one on one side and 10 feet on the opposite side. On corner home sites or lots, the side yard adjoining the private or public street shall not be less than 10 feet. 3. Rear setback: 10 feet 4. Structural separation between any two dwelling units: 10 feet
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E. All exterior boundaries of the manufactured home park or subdivision shall appear similar to conventional residential developments. Where fences or walls are used, they shall be of decorative construction; no chain-link fencing, barbed wire, or similar materials are permitted. A minimum landscaped area of 6 feet shall be provided along the project perimeter (inside any perimeter wall or fence), which may include the required yards of adjoining manufactured home sites. Where a perimeter wall or fence is located adjacent to a public right-of-way, a minimum landscaped area of 12 feet shall be provided between the fence or wall and edge of curb or pavement.
F. A minimum of 25 percent of the site shall be devoted to common usable open space, excluding rights-of-way, vehicle parking areas, areas adjacent to or between structures less than 15 feet in width, private yards, or slopes greater than 3:1. The area to be used for common recreation facilities shall have a minimum aggregate area of 300 square feet per dwelling unit.
G. All manufactured home parks shall provide recreational amenities within the site which may include the following: swimming pool, spa or Jacuzzi, clubhouse, tot lot with play equipment, picnic shelter and barbecue area, game courts, play fields, or similar facilities. The type of amenities shall be approved by the Planning Commission and provided according to the following schedule:
Required Amenities for Manufactured Home Parks
Number of Dwelling Units Number of Amenities
0-6 0
7-30 1
31-60 2
61-90 3
91-150 4
Add 1 amenity for each 50 additional units or fraction thereof.
H. Permanent parking for recreational vehicles, boats, trailers, camper shells, off-road vehicles, personal watercraft and similar items may be allowed as part of the site plan for the project, provided that a designated area is provided for such items with a paved or impermeable surface and that screening is provided from adjacent properties and the interior of the site by use of a decorative 6-foot visual barrier. This area shall be used for storage by residents only.
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I. All utility distribution facilities, including television antennae and service lines serving individual home sites, shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, and other appurtenant facilities may be place above ground and screened from view. Water and sewer for each home site shall be installed as approved by the City. All home sites shall be served with natural gas, electricity, and television cable. J. No manufactured home shall be installed in a manufactured home park if more than 10 years have elapsed between the date of the manufacture of the home and the date of an application for the issuance of a building permit to install the unit.
K. Each unit shall be equipped with skirting or provided with a support pad which is recessed, in order to give the appearance of the manufactured home being located at grade.
L. Internal streets shall be designed to provide convenient traffic circulation within the manufactured home park or subdivision. The following minimum standards shall apply unless otherwise approved by the City Engineer: the minimum width of any street shall be 30 feet; the streets shall be paved in accordance with City standards; rolled curbs shall be provided on each side of the street.
M. All recreation facilities and common areas shall be conveniently located within the park or subdivision and be accessible via pedestrian pathways or sidewalks. Such walkways shall also be provided to off-site walkways, where existing.
N. Parking shall be provided at a ratio of 2 spaces per dwelling unit, and one guest parking space per every 4 dwelling units. Common recreation areas, club houses, and similar facilities shall have sufficient parking to serve residents and guests, as determined by the reviewing authority.
O. Common open space areas shall be landscaped in accordance with a landscape plan approved pursuant to the Conditional Use Permit. Landscaping shall be maintained in accordance with such plan in perpetuity. In addition to the perimeter landscaping, a minimum of one tree shall be provided for each manufactured home lot or space, either within the individual spaces or in common areas.
P. Trash collection areas shall be dispersed throughout the project. Trash collection areas shall be paved and located a minimum of 5 feet from the private street or drive aisle. Trash enclosures shall be constructed in accordance with City standards, and the location shall be approved by the refuse disposal provider. Trash enclosures shall be located at least 5 feet from any structure, and outside of the front and street side setback areas. One trash area shall be provided for the first 10 dwelling units or fraction thereof, and 1 for each additional 10 units or fraction thereof.
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Q. Adequate internal and external lighting within all publicly accessible areas of the development, including walkways, shall be provided for security purposes. The lighting shall be energy efficient, stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the residential neighborhood. Lighting standards shall be of decorative design.
R. Sign requirements are as follows:
1. Identification signage for the manufactured home park or subdivision may be permitted in accordance with Section 17.12.090 (Signs).
2. Adequate directional signs shall be provided to direct traffic to the manager’s unit, parking areas, recreation areas, space numbers, entrances and exits, in accordance with Section 17.12.050.C (Signs).
S. Any manufactured home site that is occupied with a dwelling unit for 90 days or less shall be deemed a transient space. Not more than 10 percent of the manufactured home sites may be used for transient spaces. Sites reserved for transient spaces shall be so designated on the plans submitted with the Conditional Use Permit application. All requirements of this section shall fully apply to transient spaces.
T. For manufactured home subdivisions, a homeowner’s association shall be formed which shall be responsible for maintenance of common recreational facilities, common open space areas, landscaped areas, pathways, private streets, and other common areas identified on the subdivision map. The conditions, covenants and restrictions establishing maintenance shall be approved by the City prior to recordation of the subdivision map.
U. Mobile home parks existing on the effective date of this ordinance shall not be deemed nonconforming solely by reason of failure to meet the minimum requirements prescribed in this section, provided that the regulations of this section shall apply to the enlargement or expansion of any such existing mobile home park.
17.25.190 SENIOR HOUSING FACILITIES
All senior group housing shall conform to the following standards, except that when existing multi-family residential uses are converted to senior housing, the reviewing authority may revise or waive any development standard determined to be infeasible, due to the project’s design, size, or physical development.
A. Residential occupancy shall be limited to single persons over 55 years of age or married couples of which one spouse is over 55 years of age.
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B. The number of dwelling units for senior housing projects shall be based on the underlying General Plan designation, except as modified by a density bonus for affordable housing. Congregate care facilities which do not include individual kitchens shall not be subject to density provisions.
C. Minimum floor areas for each residential unit are required as follows:
1. Studio apartments: 410 square feet.
2. One-bedroom apartments: 510 square feet if kitchen, dining, and living areas are combined; 570 square feet if kitchen, dining, and living areas are separate.
3. Two-bedroom apartments: 610 square feet if kitchen, dining, and living areas are combined. 670 square feet if kitchen, dining, and living areas are separate.
D. The development may provide one or more of the following internal common facilities for the exclusive use of the residents, as an accessory use:
1. Central cooking and dining rooms;
2. Beauty and/or barber shop;
3. Pharmacy (not to exceed 1,000 square feet);
4. Medical office or clinic (not to exceed 1,000 square feet);
5. Community garden or greenhouse;
6. Workshop or craft shop;
7. Exercise room;
8. Library, computer room, game room, or similar activity area.
E. Common recreational and entertainment facilities of a size and scale consistent with the number of living units shall be provided. The minimum size shall equal 100 square feet per living unit. Outdoor open space areas allocated to meet this requirement shall be located with convenient access from the units they serve, and shall be protected from sun and wind through location, design, and landscaping.
F. Each residential unit shall be plumbed and wired for a washing machine and dryer.
G. Off-street parking shall be provided at a ratio of 1 space per dwelling unit, 1 guest space per every four dwelling units, and one employee space for each employee on the largest
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shift. All required off-street parking shall be located at a maximum distance of 100 feet from at least one entrance to the residential building that it serves.
H. If a shuttle bus stop is located on the site, shaded waiting areas and adequate, striped paved areas for shuttle parking shall be provided.
I. A bus turnout and shelter may be required by the reviewing authority if the project is located on a collector or arterial street served by public transit.
J. The primary pedestrian entrance to the development, all common areas, and parking areas, shall be accessible to disabled persons in accordance with State law. Indoor common areas and living units shall be handicapped-accessible or adaptable, and be provided with all necessary safety equipment as well as emergency signal/intercom systems or other measures as determined by the reviewing authority.
K. Any stairways providing access to upper story dwelling units shall be located internally. The reviewing authority may require provision of elevators.
L. The project shall be designed to provide for security and safety of residents, guests, and employees.
M. Lighting, trash enclosures, building design, access, and other design considerations shall conform to the requirements of Section 17.25.090.B (Design Standards for Multiple Family Residential Developments).
N. Sign requirements are as follows:
1. Identification signage for the senior housing project may be permitted in accordance with Section 17.12.090 (Signs).
2. Adequate directional signs shall be provided to direct traffic to the manager’s unit, parking areas, recreation areas, unit numbers, entrances and exits, in accordance with Section 17.12.050.C (Signs).
17.25.200 AFFORDABLE HOUSING DEVELOPMENTS
A. General provisions
1. For purposes of this section, the following terms shall be defined as follows:
a. “Affordable housing project” means a project having no less than 5 dwelling units (excluding any density bonus), for which incentives have been granted by the City to ensure continued affordability pursuant to an approved affordable housing agreement.
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b. “Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
c. “Density bonus” means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the General Plan as of the date of application by the developer to the City.
d. “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
e. “Housing development” means one or more groups of projects for residential units constructed in the City, which also includes either a project to substantially rehabilitate and convert an existing commercial building to residential use, or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units.
f. “Lower income household” means persons and families whose income does not exceed the qualifying limits in Section 50079.5 of the California Health and Safety Code.
g. “Moderate income household” means moderate-income households as defined in Section 50093 of the Health and Safety Code.
h. “Qualifying resident” means either 1) a person 62 years of age or older or 2) 55 years of age or older in a senior citizen housing development as defined in Section 51.3 of the California Civil Code.
i. “Very low income household” means persons or families whose income does not exceed the qualifying limit in Section 50105 of the California Health and Safety Code.
2. In accordance with Program H2.3.1 of the General Plan Housing Element, affordable housing incentives shall be offered to promote establishment of affordable housing, which shall include the following:
a. A density bonus of no greater than 100 percent of the base density, as determined by the General Plan Land Use Map; the actual density bonus shall be based upon the number of units provided to households with very low income, lower income, and qualifying residents as defined in this section. The density bonus may be permitted in geographic areas of the
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housing development other than the areas where the units for the lower income households are located.
b. A reduction or waiver of development standards such as parking or setback requirements, minimum lot size, and/or placement of public improvements, provided that the applicant shall demonstrate that the waiver or modification of such development standards is necessary to make the housing project economically feasible. Any such deviation from development standards shall exceed the minimum building standards approved by the State Building Standards Commission as provided in Part 2.5, commencing with Section 18901 of Division 13 of the California Health and Safety Code.
3. In addition to the mandatory incentives listed in paragraph 2 above, the City may grant the following optional incentives:
a. Financial incentives such as reduction of or compensation for certain development-related fees, as approved by the City or Improvement Agency based on evidence provided by the applicant that the project is not economically feasible without such financial incentive;
b. Other incentives as approved by the City in an affordable housing agreement; c. Nothing in this section shall require the City to provide direct financial incentives or publicly-owned land, or to waive fees or dedication requirements on an affordable housing project.
4. In any case where the City grants incentives to promote the production of affordable housing units pursuant to this section, an affordable housing agreement shall be approved by the City Council pursuant to Section 17.03.230 of the Development Code. 5. Except as otherwise provided in an approved affordable housing agreement, dwelling units constructed in an affordable housing project pursuant to this section shall conform to all applicable development requirements set forth in the Development Code. 6. When determining the percentage of units that are affordable, the density bonus shall not be included. 7. When calculating base density or density bonus numbers, any fractional portion of a unit shall not be rounded up.
B. Housing developments eligible for incentives
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A housing development is eligible for incentives under this section if it meets any one of the following requirements:
1. At least 20 percent of the total units (excluding density bonus) are reserved for lower income households; or 2. At least 10 percent of the total units (excluding density bonus) are reserved for very low income households; or 3. At least 50 percent of the total units (excluding density bonus) are reserved for qualifying residents.
C. Time periods and price restrictions for affordable housing projects
1. For affordable housing projects on which the City has granted either a density bonus and at least one other incentive, or other incentives having equivalent value based on land cost per dwelling unit, the applicant shall agree to the following requirements:
a. The continued affordability of all lower income and/or very low income units, or the continued designation of units for qualified residents, for no less than 30 years, or longer if required by the financing requirements of the project; b. Rents charged for lower income households shall not exceed 30 percent of 60 percent of the area median income; c. Rents charged for very low income households shall not exceed 30 percent of 50 percent of the area median income; d. Provision of for-sale units targeted for lower or very low income households shall be affordable at a cost that such households can realistically qualify for according to standard lending practices, taking into consideration any subsidies or other financial assistance provided to the project. 2. For affordable housing projects on which the City has granted only a density bonus, with no other incentive, the applicant shall agree to maintain the continued affordability of very low and lower income households for not less than 10 years, as specified in paragraph C.1. above.
D. Calculation of density bonus
For housing developments proposing provision of dwelling units set aside for lower income, and very low income households, and/or qualifying residents, a density bonus shall be granted pursuant to California Government Code Section 65915.
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E. Disapproval of affordable housing development
In conformance with Section 65589.5 of the California Government Code, the City shall not disapprove of a housing development project for very low, low or moderate-income households, or condition approval in a manner that renders the project infeasible for development, or approve a lower density than what was requested, unless the appropriate findings contained in said section are made by the reviewing authority.
17.25.210 SECOND DWELLING UNITS
A. Section 65852.2(c) of the California Government Code requires that no local agency shall adopt an ordinance which totally precludes second units within single-family and multifamily residential zones, unless certain findings are made in said ordinance pursuant to Section 65852.2(c). The purpose of this section of the Development Code is to set forth the required findings to preclude the establishments of second units within single- family residential zones in accordance with state law. For purposes of this section, a second dwelling unit shall mean a separate dwelling unit on a residential lot zoned for single family residences (including zones R-L and R-1), where a dwelling unit already exists.
B. The following findings are made in support of prohibiting second dwelling units in residential zones within the City:
1. The limitation on second units will not result in a housing shortage because of the abundance of vacant dwelling units and the lack of a demonstrated need for second units in order to meet housing objectives as set forth in the General Plan Housing Element. On October 26, 1983 the City of Big Bear Lake adopted Ordinance No. 83-92, which prohibited the establishment of second units in residential zones based on the required findings of Section 65852.2(c) of the California Government Code. In that ordinance the City Council found that due to the nature of the local tourist-based economy, approximately 70 percent of the dwelling units in Big Bear Lake were not occupied by full-time residents, and adequate housing stock was available to serve the housing needs of the community at that time. Based on the City’s certified Housing Element adopted on February 11, 2002, and on data provided by the California Department of Finance as of January 1, 2002, the number of dwelling units occupied on a part- time basis has remained at 70 percent or greater. Records maintained by the City indicate that over 20 percent of the dwelling units that are not permanently occupied are used as transient private home rental units. The remainder of the vacant dwelling units are maintained as vacation homes or offered as long-term rentals. Due to the large number of vacant dwelling units, the prohibition against second units on residential lots will not limit housing opportunities in the City.
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In addition, the 2002 Housing Element indicated that for the 2000-2005 planning period, residential development in the City had already exceeded the regional housing needs allocation for the City as determined by the Southern California Association of Governments. Therefore, adequate housing is still being constructed to meet the housing demand of new residents in the City, without the creation of second units on residential lots.
Finally, the City has provided opportunities for accessory dwelling units in all commercial land use designations of the General Plan, up to a maximum of 3 units per parcel based on the General Plan density, in order to encourage mixed use development and alternative housing such as live-work spaces. In addition, the City has designated areas for multiple family residential development in excess of the amount needed to provide anticipated housing needs. Therefore, the City has provided ample opportunities to meet housing demand without the use of second units.
2. Adverse impacts on the public health, safety, and welfare would result from allowing second units within single-family and multifamily zoned areas, because the City has documented evidence that second units on single family lots have been and will be used as transient private home rentals for short-term vacation rental purposes rather than for meeting the housing needs of low to moderate income households. Because Big Bear Lake is a recreation resort community attracting over 5 million visitors each year for winter and summer sports activities, there is a high demand for vacation lodging. To meet this need, the City has allowed the use of single family residential units as transient private home rentals since 1991, as provided for and regulated by Section 17.03.310 of this Development Code. As of 2003, there are over 1,200 dwelling units in the City registered as transient private home rental units. The City receives numerous requests from homeowners wishing to establish a second dwelling unit on a single family residential lot for short-term vacation rental purposes, in order to generate income from their property. Allowing second units on single family residential lots could potentially double the density of residential units within existing neighborhoods for the purpose of creating additional short-term vacation rental units, resulting in an increased burden on infrastructure systems including local streets, trash collection, sewer and water systems, but without increasing housing opportunities. In addition, the doubling of residential density for purposes of facilitating establishment of short-term vacation rental units will increase adverse impacts to existing residential neighborhoods, including traffic, noise, and disruption from transient occupants. Finally, the increased use of residential neighborhoods for transient private home rentals may have an adverse impact on the local tourist-based economy by increasing competition with commercial lodging establishments from residential property owners operating multiple vacation rental units.
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17.25.220 DEVELOPMENT AND PERFORMANCE STANDARDS FOR ANCILLARY USES WITHIN COMMERCIAL LODGING FACILITIES AND BED AND BREAKFAST ESTABLISHMENTS
For the purposes of this section, ancillary use shall mean a use that is clearly incidental and subordinate to a principal use, which shall not cause intensification of the principal use, and which shall not be operated independently of the principal use. Ancillary uses may occur within a building, such as a meeting room, conference room, sunroom, recreation or game room, or dining room; or out-of-doors, such as a pool, spa, patio, deck, gazebo, landscaped or hardscaped area, lawn or garden. For the purpose of this section, any tent, canopy, or similar temporary structure erected over an outdoor space shall comply with the codes and ordinances applicable to enclosed structures and buildings. The following standards and regulations shall apply to uses that are ancillary to bed and breakfast establishments in the Residential-Low (R-L) and Single Family Residential (R-1) zones; and to commercial lodges and bed and breakfast establishments within the Multiple Family Residential (R-3) zone on properties of up to one (1) acre in size. Existing or proposed bed and breakfast establishments and commercial lodging facilities located on properties that are greater than one (1) acre in size shall be required to comply with the general Development Code regulations; Building, Fire and Health and Safety Code regulations, cumulative parking requirements for all uses on the property, and provisions to attenuate noise impacts associated with large facilities and larger ancillary uses.
A. General Standards 1. Ancillary uses at Bed and Breakfast Establishments located within the Residential-Low (R-L) and Single Family Residential (R-1) zones shall be open and available only to registered guests. The use of these ancillary uses by non-registered guests is prohibited. 2. Ancillary uses at Bed and Breakfast Establishments and Commercial Lodging Facilities in the Multiple Family Residential (R-3) zone shall be open and available to registered and non-registered guests, subject to compliance with the regulations contained in this section. 3. Prior to establishing and/or operating an ancillary use within a Bed and Breakfast Establishment or Commercial Lodging Facility, the business owner shall first obtain approval of a Minor Modification for existing bed and breakfast establishments or commercial lodging facilities; or a Conditional Use Permit for proposed bed and breakfast establishments or commercial lodging facilities. 4. Ancillary uses shall comply with all applicable Federal, State, County and local requirements, Health and Safety codes, Fire and Building codes and adopted ordinances. Applicable requirements include those from San Bernardino County Department of Environmental Health Services pertaining to dining facilities, pools, and spas; California Department of Alcoholic Beverage Control for alcohol service; and all applicable provisions of the Americans with Disabilities Act and the
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California Fire and Building Code for occupancy limits. In compliance with the California Building Code, permanent restroom facilities shall be provided to serve the ancillary use. Portable or temporary restrooms shall not be used to fulfill this requirement. 5. Ancillary uses may be advertised as part of the bed and breakfast establishment’s or commercial lodging facility’s permitted sign. 6. In no event shall a bed and breakfast establishment or commercial lodging operator operate an ancillary use out of doors between the hours of 9:00 p.m. and 7:00 a.m.
7. The operation or playing of any device which reproduces, produces, or amplifies sound is prohibited in the outdoor areas of the property, but may be allowed within a building or enclosed tent. Amplified noise or sound, including public address systems and live or recorded music, shall be prohibited after 9:00 p.m. No bed and breakfast establishment or commercial lodging facility operator shall operate or permit the operation or playing of any device which reproduces, produces, or amplifies sound in such a manner as to be unreasonably loud, excessive, raucous or disturbing, but in no event shall noise exceed 55 decibels (dBs, slow scale) as measured from the property line for a period exceeding ten (10) minutes.
8. On-site parking shall be provided for the primary use and all ancillary uses occurring on the property pursuant to Table 17.35.070.A Parking Requirements in Commercial and Public Zones as listed for “hotels.” As determined by the Planning Commission, stacked parking in conjunction with a valet service may be considered. In no case shall off site shuttled parking be allowed.
B. Meeting and conference room space and maximum occupancy of ancillary use areas 1. The maximum square footage of meeting and conference rooms shall not exceed a total of 1,000 square feet in area and shall be determined by the applicable parking standards and by all development standards contained in Table 17.25.050.A. 2. In the Residential-Low (R-L) or Single-Family Residential (R-1) zone, in no case shall the cumulative total number of people on the property containing a bed and breakfast establishment exceed 16 people. 3. In the Multiple Family Residential (R-3) zone, where the property containing a bed and breakfast establishment or commercial lodging facility is one (1.0) acre or less in size, the cumulative total number of people on the property shall not exceed 49 people. 4. In the Multiple Family Residential (R-3) zone, where the property containing a bed and breakfast establishment or commercial lodging facility is greater than one (1.0) acre in size, a cumulative total maximum number of people shall not be established by this ordinance, but shall be dependent upon complying with all applicable codes and ordinances to accommodate the people and parking on the property.
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5. In no event shall a meeting or conference room be converted to or used as a separate public dining facility. This provision is not intended to prohibit catered meals to be brought in for meetings, conferences or outdoor gatherings. C. Dining Facilities
1. Dining areas that are open to the public shall be the dining areas that also serve overnight guests.
2. Dining areas shall be located and accessed through the interior of the commercial lodging facility; shall not have a separate access point other than for emergency egress, and shall not be located in a separate building.
D. Incidental Retail
1. The limited retail sale of souvenirs and sundries related to the primary bed and breakfast establishment or commercial lodging facility may be permitted.
2. This use shall be located within the primary structure, shall be limited to the days and hours of the lodging use, and shall not contain a separate exterior access, but shall be accessed only from within the primary structure.
E. Frequency of Outdoor Ancillary Uses 1. Outdoor ancillary uses shall not occur more than two times per calendar month. An occurrence is determined to be one outdoor ancillary use of the property. As an example, where an outdoor ancillary use is held on Saturday at noon and another also on Saturday at 6 p.m., this shall constitute two (2) occurrences. Likewise, an occurrence on a Saturday and another on Sunday, this shall constitute two (2) occurrences. Outdoor ancillary uses shall not occur on consecutive weekends.
2. In order to monitor the frequency of outdoor ancillary uses, each occurrence shall be reported to the City Planning Department at least 30-days prior to the occurrence. A registry of the occurrences shall be created which will be made available to the general public in electronic and/or paper form. This registry shall include, but shall not be limited to, the following information: the address where the ancillary use is occurring, the type of ancillary uses and the hours of ancillary use.
F. Location of Outdoor Ancillary Uses
1. Outdoor ancillary uses shall not occur in front of the primary structure on the property, meaning the area between the street or public right-of-way and the structure or building. Areas used for ancillary outdoor uses shall be located to the rear or side of
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the primary structure on the property in order to retain the residential character of the property as visible from the public right-of-way.
2. Structures, equipment and other items used in conjunction with outdoor ancillary uses, including, but not limited to tents, canopies, stages, arches, dance floors, tables, chairs, serving stations, shall not be placed within any required building setback area.
G. Open Space, Fencing and Parking Locations for Bed and Breakfast establishments and commercial lodging facilities in the Multiple Family Residential (R-3) zone.
1. All open space requirements contained in Development Code Section 17.25.050.A. shall be met on the property and shall be provided on the property so that no less than one-third of the open space requirement shall be located in manner that is visible from the public right-of-way. The area considered as open space shall be landscaped or natural undisturbed vegetation. Paved surfaces shall not be considered towards meeting the open space requirement.
2. If rear yard and side yard areas are used for outdoor ancillary uses, then the perimeter of the rear yard and side yard areas shall be fenced with a six (6) foot high visually obscuring fencing material.
3. Parking spaces provided on the property for the bed and breakfast establishment or commercial lodging facility shall not be located within the required building setback areas. No more than one half of the required parking spaces shall be located in front of the primary structure on the property, meaning the area between the street or public right-of-way and the structure or building and all other parking shall be located to the rear of the primary structure on the property in order to retain the residential character of the property as visible from the public right-of-way.
H. Operational Requirements
1. The business owner or a full-time on-site manager shall be on the premises at all times when an ancillary use is occurring.
2. Adequate security measures shall be implemented at all times when an ancillary use is occurring. Security measures may include, but are not limited to, providing security personnel.
3. Adequate parking control measures shall be implemented at all times when an ancillary use is occurring. Parking control measures may include, but are not limited to, providing a valet parking service and/or providing parking attendants to direct vehicles to on-site parking spaces.
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17.25.230 MEDICAL MARIJUANA DISPENSARIES
A. Prohibition. It shall be unlawful for any person to open, operate, manage or be employed by, or conduct, as a primary use, an accessory use, or a Home Occupation, a medical marijuana dispensary, within the Residential- Low (R-L), Single Family Residential (R- 1), or Multiple Family Residential (R-3) zones of the City of Big Bear Lake.
B. Definitions. 1. “Marijuana” shall mean all parts of the plant Cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It includes marijuana infused in foodstuffs, including lozenges, chewing gum and beverages. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted there from), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination. 2. “Medical Marijuana Dispensary” shall mean any association, cooperative, co-op, club, delivery service, collective, and any other similar use involved in the sale, possession, cultivation, use, or distribution, or any combination thereof, of marijuana for medicinal purposes. A delivery service shall not be considered a medical marijuana dispensary when the physical place of business of the service is not located within the City of Big Bear Lake and the delivery service activity is limited to the delivery of marijuana for medicinal purposes to or through the City.
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CHAPTER 17.35 COMMERCIAL AND PUBLIC ZONES
17.35.010 INTENT AND PURPOSE OF COMMERCIAL AND PUBLIC ZONES
A. The commercial and public zones are established to implement the goals and policies of the City of Big Bear Lake General Plan, including but not limited to the following:
Goal L 2 Adopt land use and development policies which encourage growth and diversification of the City’s economic base.
Goal L 4 Provide sufficient commercially-designated land to accommodate the City’s long-term needs for tourist and recreational facilities, to support the City’s role as a market center for the Big Bear Valley, and to provide services to City residents.
Policy L 4.2 Ensure that commercial development provides an attractive environment for business, lodging, entertainment, shopping, and working, and creates long-term value for the community.
Policy L 4.3 Adopt regulations for location, design and operation of commercial uses which, by the intensity of the proposed use or potential secondary land use effects, may have special requirements.
Goal L 5 Provide opportunities for industrial activities needed to support the local economy and recognize existing industrial uses in the City, while ensuring that impacts from industrial uses do not detract from the city’s character as a mountain resort through adverse visual, traffic, noise, dust or other impacts.
Goal P 6 Plan for and reserve land to accommodate uses needed for public benefit, including open space, recreation, public improvements, schools, and community facilities.
Policy PS 1.1 Assure the provision of adequate public services and facilities for all residents, businesses and visitors within the community, now and in the future.
B. In addition to implementing the goals and policies of the General Plan with respect to commercial and public land uses, this chapter and the accompanying Official Zoning Map are intended to achieve the following objectives:
1. To reserve appropriately located areas for commercial uses of various ranges of types and intensities, including office uses, retail stores, service establishments, and light industrial uses to meet the needs of the community;
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
2. To ensure adequate access for each business, including access by pedestrians, bicycles, and public transit, and minimize traffic congestion through concentration of businesses within districts and appropriate site design;
3. To ensure that each site is designed with adequate area to accommodate all required on-site parking, open space, screening, setbacks, service areas, and landscaping;
4. To create visitor-oriented districts where commercial lodging, dining and entertainment are located together for ease of accessibility and convenience of visitors, and which are protected from incompatible uses;
5. To protect adjacent properties from incompatible uses, light, glare, odors, visual blight, and other objectionable conditions resulting from uses having a higher intensity;
6. To facilitate the provision of utility services and other public facilities commensurate with anticipated service requirements;
7. To promote design and construction techniques that complement the natural resources and topography of Big Bear Lake’s mountain setting and that encourage energy and water conservation, through high-quality site planning, architecture, and landscaping;
8. To ensure that public projects are held to the same standards of development as similar privately-developed projects, and that such projects are designed, constructed, maintained and operated so as to minimize adverse effects on surrounding properties.
17.35.020 COMMERCIAL AND PUBLIC ZONE DISTRICTS
Six base zone districts are established as follows:
A. Commercial - Services (C-1) Zone
1. The Commercial - Services (C-1) Zone is established for the development of professional/administrative offices, personal services, institutional and quasi- public uses serving both a local and community-wide market area. The number of customer visits would typically be less frequent and traffic generation more moderate than for retail commercial uses. Site development regulations and
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
performance standards are designed to make businesses in this zone compatible with adjacent less-intensive uses, including residential districts.
2. The C-1 Zone is appropriate between more intensive commercial districts or highways, and residential uses. This district should be accessible from collector or arterial streets, and be relatively flat and free from environmental constraints. Suitable sites for this zone will contain adequate area to accommodate all required parking, loading, circulation and landscape requirements, and be supported by adequate infrastructure.
3. The C-1 Zone is compatible with the Commercial – Services (CS) General Plan land use designation.
B. Commercial - General (C-2) Zone
1. The Commercial - General (C-2) Zone is established for the development of businesses that provide a wide variety of goods and services serving both a local and regional market area. The zone is appropriate for shopping centers as well as freestanding businesses. The intent of this zone is to create a pleasant and efficient environment for general retail shopping and business.
2. The C-2 Zone is appropriately located in areas that are or will be occupied by stores and businesses that provide retail sales and services for a wide range of consumer needs, including both short-term and long-term goods. The area should be located along or accessible from major streets and highways, environmentally and topographically suited to large-scale commercial development, with slopes of under 10 percent and with adequate infrastructure to support permitted uses.
3. The C-2 Zone is compatible with the Commercial – General (CG) General Plan land use designation.
C. Commercial - Visitor (C-3) Zone
1. The Commercial - Visitor (C-3) Zone is established for the development of areas designed primarily for visitor services, including lodging, dining, recreation, entertainment, specialty retail stores, and other supporting uses.
2. The C-3 Zone is appropriately located in areas that are or will be occupied by stores and businesses, which provide services to visitors. The area should be located along or accessible from major streets and highways or adjacent to recreation areas, with adequate infrastructure to support permitted uses.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
3. The C-3 Zone is compatible with the Commercial – Visitor (CV) General Plan land use designation.
D. Commercial - Recreation (C-4) Zone
1. The Commercial - Recreation (C-4) Zone is established for the development of destination-oriented recreational facilities serving a regional market area and supportive uses, including ski resorts, marinas, golf courses, snow play facilities, and similar uses. Supportive uses include visitor services, such as lodging, restaurants, specialty retail, and related off-site parking lots.
2. The C-4 Zone is appropriately located in areas that are or will be occupied by major recreational facilities drawing large numbers of visitors. The district should be accessible from major streets and highways, and may be designated on or adjacent to natural features providing recreational opportunities, such as the mountains or lake. Adequate infrastructure should be available to support permitted uses, and operations in this zone should be conducted so as to have no detrimental effect on adjacent properties or on the environment.
3. The C-4 Zone is compatible with the Commercial – Recreation (C-R) General Plan land use designation.
E. Commercial - Industrial (C-5) Zone
1. The Commercial - Industrial (C-5) Zone is established for the development of the most intensive businesses serving a community and regional market area, including construction-related businesses, storage, heavy vehicle repair, equipment storage and rental, light fabrication and assembly of goods, waste management facilities, and utility yards. Establishments in this zone serve both other businesses and the general public with a combination of intensive commercial and light industrial uses.
2. The C-5 Zone is appropriately located in areas that are or will be occupied by businesses that provide heavy commercial and light industrial goods and services to other businesses as well as the general public. The district should be located along or accessible from major streets and highways, on relatively flat land with adequate infrastructure to support permitted uses. Businesses in this zone may use or store hazardous materials and heavy equipment, and may generate noise, dust, emissions, and truck traffic which may be detrimental to less intensive uses; therefore, the use is not appropriate next to residential uses unless adequate separations and buffers are provided. Adequate infrastructure should be available to support permitted uses, and operations in this zone should be conducted so as to have no significant adverse effect on adjacent properties or on the environment.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
3. The C-5 Zone is compatible with the Industrial (Ind) General Plan land use designation.
F. Public (P) Zone
1. The Public (P) Zone is established to create and preserve areas for public facilities, including but not limited to schools; government administrative facilities; law enforcement and fire stations; libraries; park, recreation, and open space uses; community facilities; public works facilities; utilities; and similar uses needed to serve the needs of the general public.
2. The P Zone is appropriate in areas occupied or planned for public or quasi-public uses or facilities, which can physically accommodate the use and where adequate services exist to serve the intended use.
3. The P Zone is compatible with the Public Facilities (P) General Plan land use designation. In addition, due to the broad service function of this zone and the difficulty of planning all publicly-needed facilities in advance, the P zone may be designated throughout the planning area, provided the use does not conflict with other established uses and conforms to applicable provisions of the General Plan.
17.35.030 PRINCIPAL USES PERMITTED IN COMMERCIAL AND PUBLIC ZONES
A. Principal uses permitted within commercial and public zones shall be those included on Table 17.35.030.A. In the event that a determination is requested as to whether a principal use is permitted in the commercial and public zones which is not listed on Table 17.35.030.A, the reviewing authority shall make that determination in accordance with Section 17.03.210.
B. Where Table 17.35.030.A indicates that a use is permitted subject to a specific land use approval process, procedures for that approval process set forth in Chapter 17.03 shall be followed. Where Table 17.35.030.A indicates that a use is subject to special development standards contained in this chapter, the applicable sections of this chapter shall be referenced in review and approval of said use.
C. This section shall not be construed to supersede more restrictive use regulations in the conditions, covenants and restrictions of any property or dwelling unit.
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Zones Chapter 17.35 BearBig Lake Code Development
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Commercial Commercial
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Table 17.35.030.A PRINCIPAL USES PERMITTED IN COMMERCIAL AND PUBLIC ZONES USES BY ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P Automobile and vehicle services, including the following and similar uses (provided that all repair is conducted within an enclosed building; for sales, see retail uses): Automobile service station, including sale -- CUP2 CUP2 -- CUP2 -- of gasoline and other petroleum products,
and provision of minor and general vehicle repair services Vehicle repair, general (maintenance, parts -- CUP2 CUP2 -- CUP2 -- replacement) Vehicle repair, heavy (body work, painting, -- CUP2 -- -- CUP2 -- upholstery, engine replacement, major rebuilding of frames, bodies and/or engines; truck repair; tire retreading) Vehicle washing facility, self or full-service -- CUP -- -- P -- Automobile rental agency, including office -- P ------and vehicle parking, provided that all vehicle washing and repair are conducted in facilities approved for those uses Motorcycle assembly and repair -- CUP -- -- P -- Recreational vehicle storage lot (including -- CUP CUP CUP -- -- boats and trailers) Vehicle storage and/or impound yard -- CUP -- -- CUP -- (excluding dismantling) Page 17.35 - 6 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USES BY ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P Towing service -- CUP -- -- CUP -- Parking lot (as primary use) -- CUP -- CUP -- CUP Business and financial services, including the following and similar uses conducted within an enclosed building: Bank, savings and loan institution, credit P1 P1 ------union Mortgage company P P ------Escrow and title company; notary public P P P ------Insurance service P P ------Copy shop, blueprinting service P P ------Automated teller machine (ATM), free- P P P P -- -- standing Mailing and postal service P P P ------Sign design and fabrication P P -- -- P -- Printing, publishing, reproducing P P P ------Real estate office P P P ------Stock and bond broker P P ------Telephone exchange, answering service P P ------Business equipment sales, repair, servicing P P ------Janitorial and cleaning services P P ------Disinfecting, exterminating, pest control -- CUP -- -- CUP --
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USES BY ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P Security services, private P3 P3 ------
Communication, transportation, and utility and public services and facilities, including the following and similar uses: Newspaper office and publisher P P ------Television or radio station; recording studio P P ------Cable television and satellite dish provider -- P ------Electricity substation; small generation -- CUP -- P P P plant Natural gas distribution facilities -- CUP -- P P P Bus depot, storage, maintenance and ------CUP CUP administration facilities Propane and LPG storage and sales -- CUP -- -- CUP -- Storage yard, maintenance and office ------CUP CUP facility for utility and service providers, including public works, water, trash, electric, gas, cable TV, etc.) Booster station, transmission facility, -- CUP -- P P P substation for utilities Major communication facility, including -- CUP2 -- CUP2 CUP2 CUP2 cellular towers, microwave towers, radio or television towers
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USES BY ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P Trash collection area, including Clean Bear -- CUP CUP -- CUP CUP Sites and recycled materials collection facilities Facilities for detention, retention, and P P P P P P conveyance of stormwater runoff Facilities for conveyance, storage, pumping P P P P P P and/or recharge of water; sewage pumping stations and related facilities Taxi, trolley, or horse carriage stand P3 P3 P3 P3 P3 P3 Vehicle for hire service (office and vehicle -- CUP3 -- -- CUP3 -- storage for taxi and shuttle services) Helistop ------CUP3 CUP3 CUP3 Construction services and material sales, including the following and similar uses: Lumber yard and home supply center (with -- CUP -- -- CUP -- exterior storage of materials)4 Plumbing and hardware supply store and -- CUP -- -- CUP -- materials yard (with exterior storage of materials) 4 Wholesale nursery, plant sales (with -- CUP -- -- CUP -- exterior storage of plant material) Carpenter and cabinetry shops (within -- P -- -- P -- enclosed building) Contractor’s yards/storage lots (with -- CUP -- -- CUP -- outdoor storage and/or operations) Page 17.35 - 9 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USES BY ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P Asphalt or concrete batch plant ------CUP -- Recycling facility for construction materials ------CUP -- and salvage (with outdoor storage and operations) Building materials sales yard (including ------CUP -- rock, sand, gravel stored outdoors) Construction equipment sales and rental -- P -- -- P -- (with outdoor storage) Contractors’ office (administrative uses P P -- -- P -- within enclosed building only) Security and alarm systems; installation and -- P3 -- -- P3 -- service Food service establishments, including the following and similar uses: Drive-through food or beverage service CUP1 CUP1 CUP1 CUP1 -- -- with no seating on-site Walk-up food or beverage service P P P P -- -- (including bakery or delicatessen) with no seating on-site Café and/or coffee shop (beverages and P P P P -- -- prepared foods only, no full kitchen; seating provided for on-site dining) Barbecue food service, with outdoor -- CUP CUP CUP -- -- cooking
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USES BY ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P Restaurant (full-service kitchen, with or -- P P P -- -- without alcohol sales, seating for on-site dining) Ice cream shop and yogurt (no full-service P P P P -- -- kitchen, on-site seating provided) Bar, cocktail lounge (incidental sale of -- CUP CUP CUP -- -- prepared foods; no live entertainment) Catering service -- P P ------Lodging, commercial, including the following and similar services: Hotel, motel, bed & breakfast use with over -- P P P -- -- 5 guest rooms, lodge Extended stay lodging -- CUP CUP CUP -- -- Timeshare units (minimum of 12 units) -- -- P P -- -- Rental agency for transient private home P P P ------(TPHR) rentals Recreational vehicle park ------CUP -- -- Campground for tent and trailer camping ------CUP -- -- Group living facility -- P ------Transitional housing facility -- P ------Emergency shelters ------P --
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Manufacturing, fabrication, storage, and distribution of goods including the following and similar products, provided that operations and sales are within an enclosed building except as provided herein: Apparel, quilts, stuffed animals, craft items, P P CUP -- P -- silkscreening, embroidery, and similar textile products Furniture, picture frames, and similar wood -- P CUP -- P -- products Sculptures, carvings, handmade furniture, -- P2 CUP2 ------and similar art and craft products made of wood and/or metal (including outdoor operations and display) Leather goods, clothing, belts, handbags, -- P P -- P -- and similar items Machine shop, welding shop ------CUP -- Boat, motorcycle building and repair, with ------CUP CUP -- outdoor operations Watch, clock, jewelry fabrication and repair P P P -- P -- Musical instrument fabrication and repair P P P -- P -- Sporting and athletic goods fabrication and -- P P P P -- repair Firewood cutting and sales lot -- CUP -- -- CUP -- Medical services, including the following and similar uses: Physician, osteopath, surgeon P P ------
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Dentist, orthodontist P P ------Psychiatrist, psychologist, counselor P P ------Physical and/or occupational therapist P P ------Home nursing, visiting nursing P P ------Dental, medical laboratory P P ------Clinic, including medical, dental, P P CUP ------chiropractic; urgent care facility Hospital P P ------P Convalescent facility, nursing home, social P P ------care facility, rehabilitation facility for more than 6 residents Prescription pharmacy; optical service P1 P1 ------Veterinary clinic, small animal (within -- P ------enclosed building) Ambulance service -- CUP3 -- -- CUP3 CUP3 Meeting, assembly and institutional uses, including the following and similar uses: Club, lodge, fraternal or religious CUP2 CUP2 CUP2 ------organization, church, chapel, religious meeting room, worship facility, meeting facility, conference center, and similar assembly use Convention Center -- CUP CUP -- -- CUP Library P P P -- -- P
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Museum P P P -- -- P Business, trade, or traffic school operated as P P ------commercial enterprise (excluding truck- driving schools) School, private (kindergarten through CUP CUP ------grade12) Day care center, nursery school CUP2 CUP2 CUP2 CUP2 -- -- College, public or private CUP CUP ------CUP Music conservatory, dance studio, studio for P P P ------the fine arts Post office P P P -- -- P Mortuary (excluding crematorium) CUP CUP ------Recreation center; senior center -- CUP ------CUP Wedding chapel -- P P ------Sheriff’s station, fire station -- CUP CUP -- -- CUP Government administrative office P P -- -- P P Court facilities, jail ------P Personal services, including the following and similar uses: Beauty salon, barber shop, nail shop, -- P P ------tanning salon, tattoo service, body piercing Bail bonds -- P ------Cleaners, launderers -- P1 ------
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Laundromat, self-service -- P ------Tailor, dressmaker, milliner P P P ------Photographer P P P ------Shoe repair -- P ------Pet grooming -- P ------Locksmith -- P ------Massage establishment -- CUP3 CUP3 ------Personal storage facility (mini-warehouse -- CUP (ground -- -- CUP -- facility) floor on street frontage shall be used for retail/office) Party supplies, services -- P ------Psychic, tarot card reader, fortuneteller, -- CUP3 ------hypnotist Tutoring P P ------Travel agency P P P ------Introductory service, escort service -- CUP ------Professional services, including the following and similar uses: Architect, engineer, building designer, P P ------drafting service, graphic design Attorney, paralegal service P P ------
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Tax preparer, accountant, book-keeper, P P ------financial adviser Interior design, decorator services P P P ------Consulting; investigative services P P ------Real estate development P P ------Taxidermist -- CUP -- -- CUP -- Recreation and entertainment facilities, including the following and similar uses: Winter resort (including skiing and ------CUP -- -- snowboarding with accessory uses including equipment rental and sales, food services, alcohol sales, office and maintenance facilities) Lake resort (including marina and boat ------CUP -- -- launch with accessory uses including equipment and watercraft rental and sales, bait and tackle sales, food service, alcohol sales, office and maintenance facilities, minor repair) Boat launch, public (free-standing) ------CUP -- CUP Trail head and staging area for riding, -- P P P -- P hiking and bicycle trails Game arcade, video game establishments -- CUP2 CUP2 CUP2 -- -- with more than 4 game machines Theater, motion picture or live performance -- CUP3 ------CUP3
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Snow-play and/or waterslide enterprise, ------CUP -- -- including ancillary food service Parasailing, bungee-jumping ------CUP -- -- Skateboard park ------CUP -- CUP Stadium, amphitheater (outdoor); indoor -- CUP -- CUP -- CUP arena, sports complex Athletic training facility (including -- CUP -- CUP -- -- exhibition events and indoor/outdoor facilities) Play fields, (baseball, soccer, football, etc); ------CUP -- CUP lighted or unlighted Golf course ------CUP -- CUP Race course (motocross, BMX, dirt bikes, ------CUP -- -- off-road vehicles, etc.) Gymnasium, fitness center, yoga studio -- P P P -- -- Swimming pool, indoor or outdoor -- CUP -- CUP -- CUP Skating rink, indoor or outdoor -- CUP -- CUP -- CUP Zoo, animal park ------CUP -- CUP Nightclub (with alcohol sales, dancing -- CUP2 3 CUP2 3 CUP2 3 -- -- and/or live entertainment); dancehall Sexually-oriented business -- P3 ------Riding stable, minimum area of 1acre -- -- CUP CUP -- --
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Commercial recreation enterprise (family -- CUP CUP CUP -- -- fun center, miniature golfing, go-carts track, fishing pond, skating rink, bowling alley, etc.) Billiard hall, bingo parlor, pool hall -- CUP3 CUP3 CUP3 -- -- Park, arboretum, monument, public seating CUP CUP CUP CUP -- CUP area, and other public open space Visitor center -- P1 P1 P1 -- -- Retail sale of goods serving the general public with all operations conducted in an enclosed building, including but not limited to the following: Candy, confectionery4 -- P P ------Books, stationery4 P P P ------Drug store, sundries4 P1 P1 P1 ------Fabrics, dry goods, craft items4 -- P ------Florist, gift shops4 P P P ------Galleries for paintings, sculpture, pottery, P P P ------art4 Groceries, meat, produce (including alcohol -- P ------sales as accessory use) 4 Hardware, small appliances, variety stores, -- P ------home improvement centers4 Jewelry, watches, clocks4 P P P ------Clothing, apparel4 -- P P ------
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Sporting goods4 -- P P P -- -- Computers, cameras, video equipment, P P ------sound systems, other electronic equipment and devices4 Antiques4 -- P P ------Thrift store, second hand store, used -- CUP3 ------furniture4 Feed store4 -- P ------Furniture, household appliance, beds and -- P ------mattresses (new) 4 Pet store4 -- P ------Drive-through sales (pharmacy, dairy CUP1 CUP1 CUP1 ------products, etc)4 Drapery, carpets, wall coverings, tile, -- P ------flooring4 Paints, lacquers, stains, finishes4 -- P ------Convenience store4 -- CUP1 CUP1 CUP1 -- -- Video stores and rental; recorded music -- P P ------sales4 Liquor store4 -- CUP CUP ------Firearms and ammunition4 -- CUP ------Pawn shop4 -- CUP ------Swap meets (indoor or outdoor)4 -- CUP3 -- CUP3 -- --
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Retail sale of goods serving the general public with some operations outdoors, including but not limited to the following: Equipment sales, rental4 -- P -- P P -- Bicycle sales, rental4 -- P P P P -- Boats, personal watercraft4 -- P -- P P -- Spas, pools, hot tubs4 -- P -- -- P -- Recreational vehicles, trailers, sales or -- CUP -- P P -- rental4 Automobile sales, new and/or used4 -- P -- -- P -- Plant nurseries, garden shops4 -- P P ------Auctions, swap meets4 -- CUP ------Motorcycle sales and rental4 -- P -- P P -- Farmers market4 -- CUP CUP -- -- CUP P = permitted use (Plot Plan Review pursuant to Section 17.03.160 may be required for new construction or change of use; Minor Modification pursuant to Section 17.30.250 may be required for minor changes to existing developments) CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170. 1 Drive-through facilities subject to the standards in Section 17.35.100 2 Subject to standards contained in this chapter 3 Subject to special requirements set forth in Title 5 of the Big Bear Lake Municipal Code 4 Subject to special requirements set forth in Table 17.35.050.A (General Development Standards); Section 17.35.220 (Development Standards for Large Retail Uses), and Section 17.03.330 (Transitional Uses and Structures) -- Not permitted
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.040 ACCESSORY USES PERMITTED IN COMMERCIAL AND PUBLIC ZONES
A. Accessory uses permitted within commercial zones shall be those included on Table 17.35.040.A. In the event that a determination is requested as to whether an accessory use is permitted in these zones which is not listed on Table 17.35.040.A, the reviewing authority shall make that determination in accordance with Section 17.03.210.
B. Where Table 17.35.040.A indicates that a use is permitted subject to a specific approval process, procedures for that approval process set forth in Chapter 17.03 of the Development Code shall be followed in granting that approval, except as otherwise indicated. Where Table 17.35.040.A indicates that a use is permitted subject to special development standards contained in this chapter, the applicable sections of this chapter shall be referenced in review and approval of said use. C. This section shall not be construed to supersede more restrictive use regulations in the conditions, covenants and restrictions of any property.
D. No accessory use or structure shall be constructed or established on any lot unless there is a primary use on said lot, and the accessory use or structure is incidental to and related to the primary use.
E. No accessory use or structure shall be constructed or established on any lot prior to the time of construction of the principal structure to which it is accessory. This paragraph shall not be construed to govern the sequencing of a construction project in which both the principal and accessory structures are to be built and occupied simultaneously.
17.35.050 GENERAL DEVELOPMENT STANDARDS FOR COMMERCIAL AND PUBLIC USES
A. The development standards set forth in Table 17.35.050.A are intended to provide minimum standards for commercial and public development. These standards should be used in conjunction with the special development standards contained in this chapter applicable to specific uses as indicated on said Table.
B. This section shall not be construed to supersede more restrictive site development standards contained in the conditions, covenants and restrictions of any property, or as shown on the composite development plan or final map for any subdivision. However, in no case shall private deed restrictions or map requirements be interpreted to allow a lesser standard (in the case of a minimum standard) or a greater standard (in the case of a maximum standard) than the development standards set forth herein.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
C. Deviations from the standards set forth in this section may only be allowed by approval of a variance or minor deviation, pursuant to Section 17.03.180; or through approval of a comprehensive development plan pursuant to Section 17.03.280 (Specific Plan Review) or Section 17.03.220 (Development Agreements).
D. Nothing in this section shall be construed as making lots illegal which were legally created prior to the adoption of these regulations. For information on non-conforming uses and structures, see Section 17.03.320 of the Development Code.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Table 17.35.040.A ACCESSORY USES AND STRUCTURES PERMITTED IN COMMERCIAL AND PUBLIC ZONES
ACCESSORY USES BY ZONE C-1 C-2 C-3 C-4 C-5 P Temporary Uses: Construction staging area TUP TUP TUP TUP TUP TUP Stockpiling -- TUP -- TUP TUP TUP Special events SE SE SE SE SE SE Coaches, motor homes, trailers, temporary TUP TUP TUP TUP TUP TUP offices on active construction sites Accessory Structures: Minor communication facilities, including P P P P P P antennae and satellite dishes which are substantially hidden from public view or designed as an architectural component of the building Residential Uses: Accessory dwelling units, not to exceed a P P P P -- -- density of 12 du/ac, permitted only where primary commercial use exists and all residential standards are met on the site pursuant to Section 17.25 Caretaker’s unit, not to exceed 1 such unit P P P P P -- per business, pursuant to Section 17.25.150
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
ACCESSORY USES BY ZONE C-1 C-2 C-3 C-4 C-5 P Incidental Uses: Minor assembly, repair and service of P P P P P -- any article whose sale is permitted in the zone and sold on the premises, provided all work is conducted within an enclosed building (includes part replacement and assembly of existing parts only; no welding, machining, or manufacturing of new parts or products allowed as accessory use) Structures/features for pedestrian or P1 P1 P1 P1 P1 P1 customer seating and amenities, including gazebos, arcades, fountains, seating, benches, trash receptacles, public art, landscape focal points Outdoor dining areas P1 P1 P1 P1 -- -- Outdoor display of merchandise P1 P1 P1 P1 P1 -- Temporary collection and storage of waste and recyclable materials,
including: P P P P P -- . trash enclosures and receptacles, . small collection facilities and -- P ------reverse vending machines
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Amusement machines, 3 or less within a -- P1 P1 P1 -- -- primary commercial use Newspaper dispensing devices, P P P P P -- pursuant to Chapter 12.60 of the BBL Municipal Code Bicycle racks and lockers P P P P P P Massage, incidental to a primary use, P1 P1 P1 P1 -- -- tanning salon, day spa, clinic or medical office, pursuant to Chapter 5.52 of the BBL Municipal Code Helicopter pad, subject to Section 5.04 ------CUP CUP CUP of the BBL Municipal Code Services for employees, including P P P P P P cafeterias, day care centers, exercise rooms; may be excluded from FAR calculation Concessions, gift shops and similar P P P P P P limited retail sale of souvenirs and sundries related to the primary use Cargo containers for storage only on TUP TUP TUP TUP TUP TUP active construction sites P = permitted use (Plot Plan Review pursuant to Section 17.03.160 may be required for new construction or change of use; Minor Modification pursuant to Section 17.30.250 may be required for minor changes to existing developments) CUP = permitted subject to approval of a Conditional Use Permit pursuant to Section 17.03.170. SE = permitted subject to approval of a Special Event Permit, pursuant to Section 17.03.300 SP = permitted subject to approval of a Sign Permit, pursuant to Chapter 17.12 TUP = permitted subject to approval of a Temporary Use Permit, pursuant to Section 17.03.290 Page 17.35 - 25 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
1 Subject to standards contained in this chapter. -- = Not permitted. Table 17.35.050.A GENERAL DEVELOPMENT STANDARDS IN COMMERCIAL ZONES
ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P2 Lot Dimensions1 Minimum lot area (net) 10,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft. 40,000 sq. ft. 40,000 sq. ft. 10,000 (where appropriate) Lot width (at required front setback)
. interior lots 60 60 60 60 80 60
. corner lots 70 70 70 70 80 70 (where appropriate) Minimum lot depth 100 100 100 100 100 100 (where appropriate Setbacks Front yard and street side yard 15 15 15 20 20 15 (where setback from property line appropriate) (applies to all structures, buildings, and parking except for sidewalks and walkways)
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P2 Interior side yard setback (applies to all structures, buildings, and parking except for sidewalks and walkways) None, except as None, except as None, except as None, except as . Adjacent to non- needed for needed for needed for 10 ft. 10 ft. needed for residentially used or snow shedding snow shedding snow shedding show shedding designated property
. Adjacent to 10 ft. 15 ft. 15 ft. 20 ft. 20 ft. 10 ft. residentially used or designated property Rear yard setback . Adjacent to non- None, except as None, except as None, except as None, except as 10 ft. None, except as residentially used or needed for needed for needed for needed for needed for designated property snow shedding snow shedding snow shedding snow shedding show shedding
. Adjacent to 10 ft. 15 ft. building, 15 ft. building, 20 ft. building, 20 ft. building, 10 ft. residentially used or 10 ft. parking 10 ft. parking 10 ft parking 10 ft. parking designated property Other Floor area ratio4 0.5 0.5 0.5 0.5 0.5 0.5 (where appropriate) Landscaped or natural open 20 % 20 % 20 % 20 % 20% 20% where space (as % of total lot area; appropriate) half to be located in front yard or visible from public streets)
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
ZONE DISTRICT C-1 C-2 C-3 C-4 C-5 P2 Building height3 . Primary structures 35 ft. within 35 ft. within 35 ft. within 35 ft. within 35 ft. within 35 ft. within 100 ft. of 100 ft. of 100 ft. of 100 ft. of 100 ft. of 100 ft. of residential residential residential residential residential residential district; 40 ft. district; 40 ft. district; 40 ft. district; 40 ft. district; 40 ft. district; 40 ft. elsewhere elsewhere elsewhere elsewhere elsewhere elsewhere
. Accessory structures 20 ft. 20 ft. 20 ft. 30 ft. 30 ft. 30 ft.
1Parcels created within shopping centers are exempt from these standards, provided that a comprehensive development plan for the entire center is approved and appropriate easements for reciprocal access, parking, and maintenance are provided. 2Development standards for public uses shall be required where applicable, based upon the use of the site. Where the public use is similar to an office or service building, the standards contained herein shall apply. For uninhabitable public uses such as flood control channels, well sites, and pump stations, standards contained herein may not be applicable and may be modified by the reviewing authority as deemed appropriate. 3Height standards in this table apply where no other standards are specified in this chapter; where development standards allow different height standards, the more specific standard shall apply 4Subject to the standards contained in Section 17.35.220 (Development Standards for Large Retail Uses), and Section 17.03.330 (Transitional Uses and Structures)
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.060 ADDITIONAL SETBACK REGULATIONS
A. General setback provisions
1. Each lot or parcel of commercially-zoned land shall have minimum front, side, and rear yard setbacks as required for the zone in which the property is located, for the specific use when applicable, or by this section, whichever requirement is the greatest, except as modified by an adopted specific plan or development agreement. The reviewing authority may require setbacks greater than the minimum requirement in order to meet the goals and policies of the General Plan, including but not limited to minimizing grading, tree removal, degradation of sensitive habitat, land use impacts, or other similar objectives.
2. In a case where a final tract map, final parcel map, or composite development plan has been recorded that indicates minimum setback requirements less than those set forth in this chapter, the setback requirements of this chapter shall apply. In a case where a final tract map, parcel map, or composite development plan has been approved or recorded that indicates setback requirements in excess of those set forth in this chapter, the greater standard shall apply.
3. Setbacks from streets shall be measured from the public or private right-of-way, to the nearest edge of the building.
B. Permitted projections into required setbacks. The following projections into yards are permitted, provided that the applicable requirements of the California Building Code are also met:
1. Eaves, awnings, cornices, chimneys, wing walls, bay windows without floor area, or other similar architectural features attached to the main building and supported at or behind the building setback line, may project into any required yard a maximum of three feet, except that in no case may such features encroach closer than 30 inches to the property line. Bay windows exceeding 12 feet in width or 50 percent or more of the width of the wall on which they are located must conform to the setback requirements for the main structure.
2. Uncovered decks, balconies, platforms, porches, landings, and walkways which do not exceed a height of 48 inches above grade may encroach into any required side or rear yard, but not closer than 3 feet to the property line and not closer than 10 feet from any residentially used or designated property.
3. Stairways and walkways providing access to the main entrance of any building may be permitted in any front or street side yard, provided that no portion of said
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
stairway or walkway other than required handrails may exceed 18 inches in height as measured from original grade.
4. Uncovered bridges or platforms providing access to required parking areas and main entries may be permitted in the front or street side setback areas, providing that no portion of said bridge or platform other than required handrails may exceed 18 inches in height as measured from the grade of the edge of right-of- way.
5. Open and unenclosed fire escapes, stairways and door stoops may encroach by not more than 3 feet into a rear or interior side yard, provided that they are no closer than 3 feet from the property line; these features may not project into required front or street side yards.
6. Planter boxes or masonry planters, not to exceed a height of 42 inches, may project into the required front or street side yard setback by no more than 6 feet.
7. Fireplace structures not wider than 8 feet may encroach into required yards up to 2 feet, but no closer than 3 feet to the property line.
C. Special setback requirements
1. Sexually oriented uses shall maintain setbacks from other uses pursuant to Chapter 5.98 of the Big Bear Lake Municipal Code.
2. Gasoline tanks, fuel storage tanks, or any other storage of explosives or hazardous material shall be set back no less than 100 feet for underground tanks and 300 feet for above-ground tanks from any residentially used or designated property; day care center; school; hospital; or social care facility.
3. Bars and nightclubs shall be located no closer than 300 feet from any residentially used or designated property, commercial day care center, school, or social care facility.
4. Liquor stores shall be located no closer than 50 feet from any residentially used or designated property, and shall be located no closer than 300 feet from any commercial day care center, school, or social care facility.
17.35.070 PARKING REQUIREMENTS AND STANDARDS
A. General parking requirements for commercial and applicable public uses
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
1. Off-street parking shall be provided for any new building constructed and for any new uses established, for any addition or enlargement of an existing building or use, and for any change in the occupancy of a building or the manner in which any use is conducted, that would result in additional parking spaces being required, pursuant to the requirements in Table 17.35.070.A and the provisions of this section.
2. All required off-street parking spaces shall be located on the same lot as the use to be served, except as otherwise permitted through approval of off-site parking facilities. The reviewing authority may approve off-site parking if the following conditions are met by the project:
a. The proposed off-site parking shall be located within 300 feet of the use for which it is provided, and there is a continuous approved pedestrian access connecting the off-site parking area with the use.
b. Clearly visible directional signage shall be provided to direct vehicles and pedestrians between the off-site parking lot and the use being served.
c. Disabled access and parking shall be provided on the same site as the use, and shall meet all other applicable requirements.
d. No more than 50 percent of the required parking shall be provided off-site, except where existing structures preclude the provision of on-site parking.
3. All parking spaces and areas required by this chapter shall be designed and maintained to be fully usable for the duration of the use requiring such areas and spaces. Where off-site parking is permitted to meet the required parking, all off- site spaces shall be designated for the use and secured through property ownership, long-term lease, or other means as approved by the City to guarantee that the parking shall be provided for the duration of the use.
4. The required parking is cumulative for all of the uses proposed on the same lot, except as otherwise approved through a shared parking plan or as allowed by Table 17.35.070.A. A shared parking plan may be approved by the reviewing authority based upon submittal and approval of a parking study prepared by a qualified traffic engineer to justify the provision of a lesser number of spaces than that required by this section, based on shared use of spaces, the nature of the use, or other factors. A written agreement shall be approved by all parties and the City and shall be recorded, assuring the continued availability of the parking spaces designated for joint use.
Page 17.35 - 31 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
5. No existing use of land or existing structure where parking for said use or structure was conforming at the time of establishment or modification, shall be deemed to be nonconforming solely because of the lack of off-street parking facilities prescribed by this section. Facilities being used for off-street parking may be reduced in capacity to the minimum standards prescribed in this chapter to provide for landscaping and snow storage. 6. Except as otherwise specified in Table 17.35.050.A, required setback areas shall not be used for off-street parking purposes. Vehicle parking shall be allowed only within designated parking spaces.
7. Where the application of the off-street parking requirements results in a fractional number of spaces, a fraction of one-half or greater shall be rounded to the next higher whole number, and a fraction of less than one half shall not be counted.
8. The off-street parking requirements contained in this section are minimums for the listed uses. If evidence before the reviewing authority shows that a specific application will result in a higher demand for parking than is normally expected for that type of use, a greater number of spaces may be required.
9. Temporary use of required parking spaces for non-parking purposes is permitted through approval of a Special Event Permit or Temporary Use Permit, pursuant to Chapter 17.03.
10. Parking of abandoned, unlicensed, or inoperative vehicles is subject to and will be abated pursuant to applicable provisions of the Big Bear Lake Municipal Code and the California Vehicle Code.
11. Pedestrian walkways shall be designated and clearly delineated between parking areas and structures. The parking area shall be designed to minimize the need for pedestrians to cross parking aisles or landscaped areas in order to reach their destinations.
12. A minimum of 1 loading space shall be provided for every building having 5,000 or more square feet, except as otherwise approved by the reviewing authority based upon the nature of the use. Where required for truck deliveries, a loading space shall be a minimum of 12 feet wide and 24 feet long and shall not be located within the main parking area used by the general public. For uses, which typically receive all deliveries by van, a loading space may be striped with the same dimensions as a parking space, but shall be required in addition to the required number of parking spaces.
13. The parking requirement for any use not specifically listed shall be determined by the City Planner on the basis of the requirements for similar uses. Page 17.35 - 32 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
B. Design standards for parking areas. The following parking lot standards shall apply to all commercial uses, and to public uses where applicable:
1. Parking facilities constructed or substantially reconstructed after the effective date of this chapter shall conform to the design standards set forth herein, whether or not the parking is required. 2. Internal circulation patterns, and location and operations of all access drives, shall be designed and maintained in accordance with accepted principles of traffic engineering and traffic safety. All driveways, which serve as fire lanes, shall conform to the Fire Code.
3. Driveways and drive aisles shall be a minimum of 12 feet in width for one-way traffic, and 24 feet for two-way traffic, except as otherwise approved by the City to minimize grading and/or tree removal. In no case shall a two-way drive aisle be less than twenty (20) feet in width. When in conformance with the Fire Code, drive aisle width for one-way drive aisles shall be provided as follows:
Parking angle in degrees Aisle width -- 1 way traffic 30 12 ft 45 14 ft 60 18 ft 90 24 ft
4. Head-in or diagonal parking spaces shall be no less than 9 feet in width and 19 feet in length; parallel parking spaces shall have minimum dimensions of 10 feet by 24 feet. Minimum vertical clearance for parking spaces shall be 15 feet. No reduction in these dimensions shall be permitted.
5. Parking with access for disabled persons shall be provided in accordance with state law. Each parking space designated for use by the handicapped shall consist of a rectangular area not less than 17 feet wide by 19 feet long for a van- accessible stall, and 14 feet wide by 19 feet long for a standard stall, and shall be located in an area not exceeding 2 percent slope. All spaces shall be located near or convenient to a level or ramped entrance, not exceeding a 5 percent slope, to the facility served by the parking space. Parking spaces for the handicapped shall be signed, striped, and restricted for use by the handicapped only, and all signs and striping shall be maintained in a good condition at all times.
6. Except for parallel parking spaces, when the side of a parking space abuts a building, wall, support column, or other obstruction, which interferes with access
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
to the vehicle, the space shall be a minimum of 2 feet wider than the required minimum width.
7. Parking lots, loading spaces and driveways shall be constructed with 3 inches of asphalt paving over 4 inches of aggregate base, except as otherwise approved by the City Engineer based upon the recommendations of an approved soils study provided by a qualified soils engineer. Alternate surface material may be considered if it is shown that such material will not cause adverse effects and that it will remain in a usable condition.
8. Parking areas shall be graded and provided with permanent storm drainage facilities. Surfacing, curbing, and drainage improvements shall be sufficient to preclude free flow of water onto adjacent properties or public streets and to preclude standing pools of water within the parking facility.
9. The maximum grade of parking lots shall not exceed 5 percent. The maximum grade of driveways serving parking lots shall not exceed 10 percent.
10. Each parking space shall be individually accessible; tandem parking is not allowed in commercial zones, except for special events or circumstances where attendants park vehicles pursuant to an approved parking plan.
11. Parking lots shall be designed so that vehicles do not have to exit the site to get from one parking space to another. Design shall ensure that no vehicle must back into a public right of way to maneuver into or out of the site.
12. Parking lots shall be designed in consideration of existing trees on the site, in conformance with Chapter 17.10. Existing trees over 6 inches DBH shall be preserved to the extent practicable in the design of parking lots. Within lots having 6 or more parking spaces, trees shall be provided at a ratio of 1 tree per 6 parking spaces, which may include existing trees to be preserved on site or newly planted trees, provided that any such trees counted to meet this requirement must be located within 10 feet of the parking area.
13. In parking lots where headlights from vehicles will shine into adjacent residentially used or designated property or commercial lodging units, screening of headlight glare shall be provided which may include but not be limited to screen walls, berms, landscape planting, or a combination thereof.
14. For parking lots with 6 or more spaces, at least 5 percent of the parking area shall be landscaped. The parking area shall be computed by adding the areas used for access drives, aisles, stalls, maneuvering and landscaping within that portion of
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
the premises that is devoted to vehicular parking and circulation. Any planter area containing trees shall be no less than 5 feet in width, excluding paving.
15. Where the side of a parking space abuts a landscaped planter, a minimum 12-inch wide paved landing strip shall be provided adjacent to the parking space to accommodate passengers exiting the vehicle.
16. Except as otherwise approved through a snow management plan, parking lots shall be designed to accommodate snow plowing and snow storage. An area equal to a minimum of 5 percent of all uncovered required parking and driveway areas shall be provided on site for the storage of snow. All designated snow storage areas shall be at least 10 feet wide and deep in the smallest dimension and shall be readily accessible and usable. These areas shall be unpaved and shall be substantially free and clear of obstructions (including but not limited to propane tanks, trees, boulders, and dumpsters). No parking may be permitted in snow storage areas, and parking spaces on site may not be designated for snow storage. Storage of snow on adjacent properties is not permitted, except where property is under same ownership. Snow storage area may be combined with required landscape area, provided that plant materials will not be damaged by plowing operations.
17. No wheel stops or raised curbs shall be located within parking areas in such a way as to obstruct or interfere with snowplowing operations.
18. All parking areas shall be maintained in good condition at all times, free from potholes and excessive cracking, with required pavement striping and handicapped parking identification clearly visible.
19. In the event practical difficulties and hardships result from the strict enforcement of the parking standards due to existing permanent buildings or an irregularly shaped parcel, the City Planner may grant a minor deviation to the standards with respect to a maximum of 15 percent reduction to on-site parking spaces, or minor reconfiguration of existing parking to comply with accessibility requirements, pursuant to Section 17.03.180 of the Development Code. All other requests to deviate from parking standards must be approved through the variance procedure pursuant to said section.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Table 17.35.070.A PARKING REQUIREMENTS IN COMMERCIAL AND PUBLIC ZONES
USE REQUIRED PARKING Amusement/Recreation/Entertainment General, not otherwise specified herein 1 space for each 200 square feet of gross floor area and 1 space for each 500 square feet of outdoor area allocated for the use Miniature golf 2 spaces per hole, plus additional spaces required for accessory uses as specified herein (i.e. retail, office, food service) Bowling alley 3 spaces per lane Billiards/ pool hall 2 spaces per table Dance hall; nightclub with dancing 1 space for each 20 square feet of dance floor area, plus 1 space for each 3 fixed seats, plus 1 space for each 25 square feet of seating area having no fixed seats Golf course 4 spaces per hole, plus required parking for other uses on the site as specified herein (i.e. retail, office, food service) Driving range 1 space per tee Skating rink 1 space for each 100 square feet of gross floor area devoted to rink, plus additional spaces for accessory uses as specified herein (i.e. retail, office, food service) Swimming pool 1 space for each 500 square feet of water surface; minimum of 10 spaces Commercial stable 1 space for every 5 horses boarded on site Ski resort; commercial marina; snow To be determined based on parking study, play facility; water slide considering proposed uses and capacity, as part of development review process Tennis, racquetball, handball courts 3 spaces per court, plus additional spaces for accessory uses as specified herein (i.e. retail, office, food service) Health studio, spa, dance studio, yoga, 1 space for each 150 square feet of gross exercise facility, gymnasium floor area, plus 1 space per play court Museum; gallery 1 space for each 250 square feet of gross floor area
Page 17.35 - 36 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USE REQUIRED PARKING Assembly Church, religious institution, place of 1 space for each 4 fixed seats, and/or 1 worship space for each 25 square feet of area designated for seating where there are no fixed seats, within primary assembly area (sanctuary, meeting hall or auditorium); bench or pew seating shall be counted as 1 seat for each 24 lineal inches of seat area Mortuary; chapel In main assembly area, 1 space for each 4 fixed seats, and/or 1 space for each 25 square feet for seating area having no fixed seats; bench or pew seating shall be counted as 1 seat for each 24 lineal inches of seat area; plus 1 space for each 400 square feet of gross floor area outside of main assembly area Theater, live performance or motion 1 space for each 4 fixed seats, and/or for picture; stadium; arena; auditorium; each 25 square feet of seating area having other assembly no fixed seats; bench or pew seating shall be counted as 1 seat for each 24 lineal inches of seat area Membership lodges, union halls, 1 space for each 75 square feet of gross service clubs, fraternal organizations floor area Automobile services Automobile dealerships: . Outdoor display/sales area 1 space for every 500 square feet of area
. Indoor showroom 1 space for every 400 square feet of area
. Office areas 1 space for every 250 square feet of area
. Service bays/shop area 1 space for every 200 square feet of area
Car wash: . Full service 16 spaces minimum
. Self service 1 space per stall (stalls may not be used to meet this requirement) Service station; auto repair 2 spaces per service bay, plus 3 (service bays may not be used to meet this requirement)
Page 17.35 - 37 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USE REQUIRED PARKING Educational services Child care; day care; children’s 1 space for every 5 children attending the nursery; preschool facility, plus 2 spaces Camps maintained by churches and To be determined based on parking study, other organizations considering proposed uses and capacity, as part of development review process Schools, kindergarten through grade 9 2 spaces per classroom Schools, grades 10 through 12 6 spaces per classroom Specialty and/or trade schools 1 space per student plus 1 space for every employee, staff and faculty member
College 1 space for every 3 students plus 1 space for every 2 employees, staff and faculty members Food services Restaurant 1 space for every 100 square feet of gross floor area Fast food restaurant 1 space for every 85 square feet of gross floor area; minimum of 10 spaces Take-out food service with no on-site 1 space for every 250 square feet of gross consumption; catering service floor area Specialty food service having 20 or 1 space for every 150 square feet of gross fewer seats floor area, or 1 for every 3 seats, whichever is greater Health care services Medical and dental office, clinic, 1 space for every 200 square feet of gross veterinarian, animal hospital floor area Convalescent care facility; nursing 1 space for every 4 patient beds home Hospital 2 spaces per patient bed Social care facility 1 space for every 3 patient beds Lodging facilities Hotels 1 space per guest room, plus 1 space for every 100 square feet of restaurant space, plus 1 space for every 70 square feet of banquet/meeting area, plus 1 space for every 3 employees on the largest shift
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USE REQUIRED PARKING Motels and lodges with no ancillary 1 space per guest unit, plus 2 spaces per food service or meeting space; bed and resident manager unit, plus 1 space for breakfast establishments; single-room every 20 guest rooms occupancy facility; dormitory-style lodging (hostel); extended stay lodging; residential portion of a mixed- use Office and professional uses Financial services, banks, saving and 1 space for every 200 square feet of gross loan institutions, mortgage, escrow, floor area title, real estate and investment companies General office and professional uses 1 space for every 250 square feet of gross not otherwise specified herein floor area Retail sales Grocery stores, food stores 1 space for every 150 square feet of gross floor area Furniture, appliance stores 1 space for every 500 square feet of gross floor area Shopping centers . 25,000 square feet or less of The required parking shall be the sum of gross leasable area all proposed uses within the center.
. More than 25,000 square feet 5 parking spaces for each 1,000 square of gross leasable area feet of gross leasable area; except that if over 15 percent of the gross leasable area is occupied by food service uses, then 1 additional space per 100 square feet of gross leasable area used for food service shall be provided. Retail sales and/or rental with outdoor 1 space for each 1,000 square feet of sales display area, including garden shops, and display area, plus 1 space for each 250 plant nurseries, equipment, vehicles, square feet of indoor retail/office area recreational vehicles, boats, bicycles, and similar items Other retail uses not specified herein 1 space for every 250 square feet of gross floor area Services Barber, beauty shop, tanning, nails 1 space for each 200 square feet of gross floor area Library 1 space for each 300 feet of gross floor area, plus 2 spaces Page 17.35 - 39 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USE REQUIRED PARKING Laundromat 1 space for each 200 square feet of gross floor area Personal storage facility (mini- 1 space for each 20,000 square feet of warehouse) gross floor area, plus 1 space for each 50 storage spaces for vehicles/boats; minimum of 3 spaces Service-oriented commercial (cleaners, 1 space for each 400 square feet of gross printers, mail and copy service, etc) floor area, plus 1 space for each vehicle used and maintained on site for the business Industrial uses General industrial uses not otherwise 1 space for each 1,000 square feet of gross specified herein floor area, plus 1 space for each vehicle used and maintained on site for the business; except that if office uses exceed 25% of the gross floor area, then 1 space shall be required for each 250 square feet of office area Fabrication, assembly, research and 1 space for each 500 square feet up to development 5,000 square feet; plus 1 space for each 750 square feet between 5,000 and 10,000 square feet; plus 1 space for each 1,000 square feet over 10,000 square feet; plus 1 space for each vehicle used and maintained on site for the business Warehousing, storage, distribution 1 space per 1,000 square feet up to 20,000 square feet; plus 1 space for every 2,000 square feet over 20,000; plus 1 space for each vehicle used and maintained on site for the business; except that if office uses exceed 25% of the gross floor area, then 1 space shall be required for each 250 square feet of office area Open, outdoor storage space within 1 space for every 2,500 square feet of area screened area Contractor’s storage yard 6 spaces separate from enclosed storage area Lumber yards (retail and wholesale) 1 space for each 300 square feet of gross floor area in buildings; plus 1 space for each 1,000 square feet of open display area
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
USE REQUIRED PARKING Salvage/recycling facilities 1 space for each 300 square feet of gross floor area in buildings; plus 1 space for each 10,000 square feet of open, screened storage area Public uses not otherwise specified herein: Government facilities . Offices and building areas 1 space for every 200 square feet of gross frequented by the general floor area, plus 1 space for each vehicle public maintained on site for the use
. Offices and buildings not 1 space for every 400 square feet of gross frequented by the general floor area, plus 1 space for each vehicle public maintained on site for the use
Public utility or communication facility . Facility with on-site employees 1 space for each employee on the largest shift, plus 1 space for each vehicle maintained on site for the use; minimum of 2 spaces
. Unmanned facility minimum of 1 space for maintenance vehicle Park 1 space for each acre of passive recreational area; 5 spaces for each acre of active recreational area or open space; plus required parking for other uses on site Note: Off-street parking requirement shall be based on gross floor area (all floor area from wall to wall, except for bathrooms and utility rooms). Where uses occur outdoors, parking shall be based on the area used.
17.35.080 SITE DESIGN STANDARDS
A. Grading and clearing
1. Except for minor landscaping improvements or weed removal, no lot may be graded or vegetation cleared until such action is shown on and consistent with an approved development plan or permit, which may include subdivision map, use permit, grading permit, and/or encroachment permit. Grading should be limited to the extent feasible to accommodate a building footprint for structures, parking, access, landscaping, and snow storage.
2. Existing trees and vegetation shall be preserved to the maximum extent possible. No live trees over 6 inches DBH shall be removed without prior approval, as Page 17.35 - 41 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
required by Chapter 17.10, and replacement trees may be required by the reviewing authority.
3. Development should relate to the natural surroundings and follow natural contours as much as possible. Graded slopes should be rounded and contoured to blend with the existing terrain. Split-level pads, built-up foundations, stepped footings, and similar techniques should be used in areas of moderate to steep gradient. Grading should be designed to complement the project’s orientation, scale, height, design, and transition with surrounding properties.
B. Site access
1. Direct access shall be provided to and from a public right-of-way, as approved by the City Engineer and in conformance with the Fire Code. Approved access shall not include the use of private easements over adjacent lots, except where a reciprocal parking and access easement has been approved and recorded.
2. Vehicular access to commercial development shall not be provided through a residential neighborhood; except that when a gated emergency access is required for fire access, such access may be approved by the reviewing authority to exit into a residential area provided that no adverse impacts would result.
3. Shared vehicular and pedestrian access is encouraged between adjacent commercial sites to the extent feasible, to allow customers to access various businesses without exiting onto adjacent rights-of-way.
4. Pedestrian access shall be integrated into all commercial and public developments open to the general public, which may include but not be limited to the following improvements:
a. Transit stops should be connected to buildings by pedestrian walkways;
b. Public sidewalks within adjacent rights-of-way should be connected to buildings by pedestrian walkways;
c. Parking areas should be connected to buildings by clearly delineated pedestrian walkways;
d. Pedestrian walkways should be protected from snow shedding and rainwater dripping off eaves;
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
e. Pedestrian walkways should be placed in areas where ice build-up will be mitigated by solar heating (away from north sides of buildings and shaded areas);
f. Placement of buildings and open space areas should be designed to facilitate visibility by site users, passers-by, and law enforcement personnel to promote public safety. Passageways having dead-ends or lacking visibility from adjacent buildings, walkways, and/or streets should be avoided.
C. Open space and landscaping
1. Landscaping shall be provided in accordance with this section, Chapter 17.10, and regulations of the Department of Water, as these requirements may be amended from time to time.
2. Watering hours and restrictions established by the Department of Water shall be complied with at all times.
3. Landscape plans for commercial projects shall be reviewed and approved by the appropriate reviewing authority prior to installation of landscaping, and shall comply with the following requirements:
a. At least 20 percent of the project area shall be maintained as open space; however, not all of this area must be landscaped with plant materials or irrigated. To the extent feasible, the City encourages the preservation of native forest habitat within development projects, especially for portions of the site having significant numbers of trees.
b. The use of grass, turf, sod and similar plant materials shall be limited to the extent possible, but shall in no case exceed 20 percent of the landscaped area on the site. Where used, turf shall be a low-water using variety, and the turf area shall be designed for maximum efficiency of irrigation.
c. The portion of the site that is landscaped with non-turf plant material shall be planted using low-water using plants.
d. The use of decorative hardscape material in lieu of plant material is encouraged to promote water conservation, which may include bark, rock, pavers, colored or textured concrete, and similar material.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
e. Landscape plants shall be grouped on the site according to water usage, with low-water using plants grouped together. Plants, which depend on sprinkler irrigation, shall not be planted within the critical root zones of native conifer and oak trees.
f. Ground cover areas shall be planted with low-growing container plants and mulch (instead of flatted ground cover).
g. All shrub and ground cover areas shall be mulched as specified on the landscape plans.
h. All new landscaping planted to meet the requirements of this section shall be provided with a permanent irrigation system. Irrigation systems shall be designed to use drip heads, automatic controllers, and soil moisture- sensing devices to the extent practicable, in order to conserve water. Where spray irrigation heads are used, they shall be designed so as not to spray on paved areas, walkways, rights-of-way, native conifers and oaks, or buildings.
i. Landscaping along Big Bear Boulevard shall incorporate plant materials and design themes of the Big Bear Boulevard Beautification Program, as it may be amended from time to time.
D. Walls and fences
1. Materials for fences and walls shall be of decorative construction, in keeping with the primary buildings and the mountain environment. For general commercial and office uses that are frequented by the general public, no chain link fencing shall be permitted adjacent to public rights-of-way, but chain link fencing may be used for areas that are substantially screened from public view. Where chain link fencing is visible to the general public, fencing shall be treated with dark colored coating material. Razor wire, barbed wire, and other similar types of security fencing are prohibited.
2. All retaining walls, foundation walls, and build-up walls visible from off site shall be made of split face block, faced with rock, or similarly treated with decorative material to be visually attractive.
E. Lighting
1. For the purposes of establishing lighting requirements, the following terms shall apply:
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
Cutoff shall mean the point at which all direct light rays from the bulb are completely shielded from view. Footcandles shall mean the measurement of lighting level at the property line at ground level, as measured with a direct-reading, portable light meter. The measurement shall be made after dark, first with the lights on and then again with the lights off. The difference between the two readings shall meet the standard for maximum permitted illumination in footcandles. Luminaire shall mean the lighting fixture containing the light source or bulb. Luminaire height shall mean the distance from ground level to the highest point of the luminaire (including base and pedestal). 2. Within commercial zones, all luminaires shall be designed to have a cutoff of 90 degrees or less, as shown on the following illustration:
3. Maximum permitted luminaire height shall be 20 feet within parking lots and 16 feet within other portions of the development site.
4. Minimum permitted illumination within parking areas and walkways shall be 0.25 footcandles for low-intensity uses and 1.0 footcandle for high-intensity uses.
5. Maximum permitted illumination on site shall be 3.0 footcandles for low-intensity uses and 5.0 footcandles for high-intensity uses, except that if the site abuts residentially used or designated land the maximum illumination adjacent to these areas shall be 1.0.
6. Decorative incandescent fixtures of 40 watts or less are allowed without approval.
7. Lighting fixtures and luminaires shall be of decorative design in keeping with the design theme of the site. Colors shall be dark green, gray, brown, or other earth tone color to blend with the forest environment.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
8. Lighting shall not be used for advertising. The use of searchlights to attract attention is prohibited.
9. Lights shall not be allowed to blink, flash, change intensity or color, or give the illusion of movement.
10. Where exterior mounted lights are used to illuminate signage or architectural features, the lights shall be sharply focused and directed to minimize light spillage. Backlighting is encouraged.
11. Exterior lighting shall be reduced to the extent feasible during hours that the business is not in operation, to preserve views of the night sky.
12. Security lighting shall be directed downward so that the light source (bulb) is not visible from off site, the light is directed down, and the light level at the property line does not exceed 1.0 footcandle, excluding public street right-of-way.
13. Upward lighting used to illuminate flags shall be sharply focused and directed to minimize light spillage.
F. Flood protection
All new development shall be designed in accordance with the City’s Flood Management Ordinance, as it may be amended from time to time.
G. Trash collection areas
1. Trash collection areas shall be provided at appropriate locations within commercial and public sites, and the number, type, location and orientation shall be approved by the City and the disposal provider. Trash enclosures shall be located at least 5 feet from any structure and/or property line, outside of any required setback areas, and screened from public view to the extent possible through building placement and/or landscaping. Trash enclosures shall be located no closer than 15 feet to any property used or designated for residential uses. In general, enclosures should be located no further than 150 from the building they are intended to serve.
2. Trash enclosures and the access drives serving them shall be paved and constructed in accordance with City standards. Except as otherwise approved for low refuse generators, trash enclosures shall be completely enclosed by a six foot decorative masonry block wall, and shall be designed to integrate with the main structures on the site using the same materials and architectural details. Self-
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
closing gates constructed of solid metal and attached to metal posts embedded in concrete shall be provided. Pedestrian access to the bin area may be provided where appropriate. For low refuse generators such as some professional office uses, commercial bins may be screened behind a wooden fence or other enclosure as approved by the reviewing authority.
3. All trash shall be stored in metal bins or containers provided by the disposal provider to prevent it from being blown outside the walled enclosure.
4. Gates shall be maintained in working order and shall remain closed except when the enclosure is being serviced.
5. Where practical, enclosure areas may be expanded to provide screening for utility equipment.
6. Trash compactors shall be located away from view from the public right-of-way and screened by walls or building projections which are designed to be architecturally compatible with the main building. Vehicle access to the trash compactor area, and the trash compactor pad, shall be paved with concrete rather than asphalt. The trash compactor area shall be provided with a floor drain and hose bibb to facilitate washing of non-hazardous waste fluids from the area. The design of the trash compactor area shall prevent runoff of waste fluids into adjacent structures or onto adjacent properties.
H. Equipment requirements
1. All rooftop equipment shall be screened through architectural means in keeping with the design of the main structure(s), which may include use of parapet walls, gables, false chimneys, or similar features. The painting of rooftop equipment to match the roof color, without screening, will not be allowed on new development. Where architectural screening of new rooftop equipment installed on an existing structure is infeasible due to characteristics of the existing structure, the reviewing authority may approve alternate treatments to camouflage the equipment.
2. Where visible, drainage downspouts, roof vents, and other equipment shall be painted to complement the surface to which they are attached.
3. Utility equipment and service areas shall be screened through building placement, walls, fences, or landscaping, as approved by the reviewing authority.
4. Satellite dishes and other antennae shall be screened in a manner, which is compatible with adjacent structures.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
5. Roof access from all buildings shall be internal; no outside ladders may be permanently attached to buildings.
6. Except as otherwise approved by the reviewing authority based on requirements of utility companies, all utility lines shall be placed underground.
I. Architectural requirements
1. Structures shall be designed so as to break up long wall or roof planes by offsets, shadow lines, façade treatment, and use of varying materials. Architectural treatments shall be included on all sides of structures. For purposes of meeting this section, use of varying paint colors alone is not sufficient.
2. Storage buildings, trash enclosures, and other accessory structures shall be designed to incorporate the architecture of the primary buildings with respect to style, colors and materials.
3. A minimum 12-inch eave shall be provided on all primary structures, where feasible. Sloping roofs are preferred to allow for snow shed, and to maintain a mountain design theme. Structures and eaves shall not be located so as to shed snow from a building onto an adjacent lot.
4. The use of wood, stone and rock (which may include cultured products) is strongly encouraged on all structures.
5. All development shall conform to the applicable policies of the General Plan Community Design Element.
J. Bicycle racks
Bicycle racks shall be provided in secure locations visible to the general public throughout the project, as required by the reviewing authority based upon the use.
K. Signs
Signs shall conform to Chapter 17.12 of the Development Code.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.090 PERFORMANCE STANDARDS
A. Property maintenance
1. Property owners are responsible for the continuous maintenance of all buildings, structures, yards, landscaping, signs, parking areas, and other improvements in a manner which does not detract from the appearance of the surrounding area.
2. Projects which are subject to the development review process shall be maintained at all times in compliance with all applicable conditions of approval imposed on the project.
3. For commercial projects involving multiple ownership of separate parcels, such as a shopping center or condominium office building, a property owners’ association shall be formed which shall be responsible for maintenance of common facilities, common open space areas, landscaped areas, pathways, private streets, and other common areas identified on the subdivision map. The conditions, covenants and restrictions establishing maintenance shall be approved by the City prior to recordation of the subdivision map.
B. Outdoor storage
1. The outdoor storage of any materials or equipment not accessory to the primary use of the property, including lumber, construction materials, inoperable vehicles, auto parts, appliances, pipe, drums, machinery, furniture, or trash, which is readily visible from off-site, is prohibited.
2. No open storage shall be permitted in any required front or side yards adjacent to a street or highway.
C. Outdoor artisans. The following requirements apply to sculptors, carvers, and other artisans conducting operations, display and sales outdoors.
1. All requirements for parking, landscaping, pedestrian and vehicular access, trash collection, lighting, snow storage, site design, and other requirements of this chapter and applicable codes and ordinances shall apply.
2. Sawdust and wood trimmings shall not be allowed to accumulate on the site so as to cause a fire hazard or dust problem.
3. Outdoor use of chainsaws and other power equipment shall be limited to the hours of 9:00 a.m. to 7:00 p.m. Page 17.35 - 49 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
4. Use and storage of lacquer, stain, varnish and similar materials shall comply with the requirements of the Air Pollution Control District and the Fire Department.
5. No more than one portable shade device may be used on the site during business hours, provided the device is less than 100 square feet in area and is stored indoors when the business not in operation.
6. Materials and equipment used in conjunction with the business, including uncarved logs, tree trunks, and scaffolding, shall be stored behind the front setback area and substantially screened from public view.
D. Outdoor display of merchandise. This section shall only apply to uses that are not listed as “Retail sale of goods serving the general public with some operations outdoors” in Section 17.35.030, which include, but are not limited to, equipment sales, rental; bicycle sales, rental; boats, personal watercraft; spas, pools, hot tubs; recreational vehicles, trailers, sales or rental; automobile sales, new and/or used; plant nurseries, garden shops; auctions, swap meets; motorcycle sales and rental; and farmer’s markets; as such uses require a Plot Plan Review or Conditional Use Permit. The intent of this section is to allow a business to display merchandise outdoors for the purpose of attracting customers to shop. The display of large quantities of merchandise for the purpose of expanding retail floor area outdoors, such as clothes on racks or bulk items placed on folding tables or on the ground, shall be prohibited. Outdoor display of merchandise is permitted, provided that approval of the proposed display area has been approved by the City as part of the original land use approval, or through a Minor Modification pursuant to Section 17.03.250, and that the display conforms to the following requirements:
1. The display must be in conjunction with the business being conducted within the building occupied by the primary use on the premises, and the items being displayed shall be of the same type that are lawfully displayed and primarily sold throughout the year inside the building on the premises, including exterior vending machines.
2. No item, or any portion thereof, shall be displayed on public property or right-of- way.
3. The outdoor display area shall not exceed 100 square feet in area or one half of the front yard area, whichever is less. The display shall be located nearest the primary public access door to the business served by the display, but in no case further than 10 feet out from the building wall of that business. The outdoor display shall be limited to locations outside of the required setbacks, parking spaces, or landscaped areas, except when those areas exceed the required Page 17.35 - 50 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
development standards, and shall be located under porches and eaves to the extent feasible.
4. Items shall be displayed outdoors only during the normal hours that the business conducted inside the building on the premises is open for business, but no later than 10:00 p.m. At all other times, all merchandise, display racks and display tables shall be stored inside the building during hours that the business is closed.
5. No item shall be displayed in a manner that causes a safety hazard; obstructs the entrance to any building; does not comply with ADA; interferes with, or impedes the flow of, pedestrian or vehicle traffic; obstructs access to any parking space or drive aisle; is unsightly or creates any other condition that is detrimental to the appearance of the premises or any surrounding property; or in any other manner is detrimental to the public health, safety, or welfare or causes a public nuisance.
6. No merchandise shall be affixed to buildings or hung on fences, utility poles, vehicles, or other appurtenances. Merchandise area shall be displayed on level ground in a neat and clean manner, and fixtures or racks used to display merchandise shall be maintained in good repair and of an attractive appearance. No canopies or tents shall be placed over an outdoor display area.
7. The outdoor display shall not include the display of any human signs or temporary signs nor shall any merchandise be displayed on mannequins, body forms, or similar devices.
8. Outdoor display of merchandise for sale shall not be permitted on properties that front along Village Drive from Paine Road to Knickerbocker Road, and properties that front along Pine Knot Avenue from Big Bear Boulevard to Cameron Drive.
9. Existing permits for outdoor displays shall become null and void upon the effective date of this Ordinance. A business with an existing permit for an outdoor display shall be required to obtain a new permit within 60 days following the effective date of the ordinance amending this section, and the outdoor display shall comply with the standards provided in Paragraph D of this section.
E. Outdoor seating and dining areas. Outdoor seating and dining areas can enhance the pedestrian ambience of commercial areas and are encouraged, provided that public health, safety and welfare are protected. Outdoor seating and dining areas shall be operated in conformance with the following standards, in addition to other applicable regulations:
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
1. Location, design and operation of an outdoor seating area shall be reviewed and approved in conjunction with the land use approval of the primary use, or through a modification thereof.
2. Any outdoor seating area located on the public sidewalk shall be subject to issuance of an encroachment permit and must be immediately adjacent to and abutting the primary use. The area in which the outdoor seating area is located shall extend no further along the sidewalk’s length than the actual sidewalk frontage of the primary use. Any outdoor seating area located within the public right-of-way shall provide proof of adequate liability insurance, as approved by the City. No alcohol may be served, and no permanent barriers or structures may be constructed, within the public right of way. The business owner shall be required to indemnify the city for any seating within the public right of way.
3. An outdoor seating area may be located on a sidewalk only where the sidewalk is wide enough to accommodate both the normal pedestrian traffic and the proposed seating area. There shall be a minimum of 6 feet clear distance or 50 percent of the sidewalk width, whichever is greater, free of obstructions in order to allow adequate pedestrian movement.
4. All tables and chairs shall be set back not less than 4 feet from any curb, street, or barrier, and shall not be situated within 8 feet of any designated bus stop.
5. The outdoor seating area shall be clearly identified and delineated from the sidewalk area that will remain open to pedestrians.
6. All outdoor dining furniture, including tables, chairs, umbrellas, planters, and barriers shall be movable. Umbrellas must be secured with a minimum base of not less than 60 pounds. Outdoor amplified music or speakers shall require approval of a conditional use permit.
7. No signage may be allowed within an outdoor seating area, except for the name of the operating establishment on the awnings or umbrella valances.
8. The following requirements apply to outdoor seating areas operated by a restaurant:
a. The outdoor preparation of food and location of busing facilities are prohibited in outdoor areas. Pre-setting of tables with dishes, utensils, glasses, napkins, or condiments is prohibited. All exterior surfaces shall be easily cleanable and shall be kept clean at all times.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
b. Restrooms for the outdoor seating area shall be provided in the adjoining restaurant.
c. If the outdoor seating area is greater than 20 percent of the seating or dining area of the adjacent restaurant, parking shall be provided for the entire outdoor seating area at the required ratio contained in Table 17.35.070.A.
d. Trash and refuse collection facilities for the outdoor dining area shall not be permitted outside. All trash and litter shall be removed as it accumulates.
e. Hours of operation for the outdoor dining area shall be the same as those of the adjacent restaurant. Tables, chairs, and all other furniture used in the operation of an outdoor cafe shall be removed from the sidewalk and stored indoors whenever the restaurant is not in operation.
9. The City shall have the right and authority, acting through the City Planner or his/her designee, to restrict the operation of an outdoor seating area within the public right-of-way because of anticipated or actual problems or conflicts, which may include but are not limited to scheduled festivals and special events, parades, repairs, or emergencies. To the extent possible, the operator shall be given prior written notice of any time period during which the operation of the outdoor seating area will be restricted by the City, but any failure to give prior notice shall not affect the right and power of the City to prohibit the operation of the outdoor seating area at any given time.
F. Line of sight restrictions
1. A substantially clear line of sight shall be maintained between the driver of a vehicle waiting or yielding at an intersection or driveway and the driver of an approaching vehicle on the other approaches to the intersection or the street being entered from the driveway, as determined by the City Engineer.
2. It shall be the responsibility of the property owner or agent to remove from such property or any adjacent right-of-way any such obstruction that would impede the required clear line of sight.
17.35.100 DRIVE-THROUGH FACILITIES
A. The vehicle stacking capacity of a drive-through facility and the design and location of ordering and pick-up facilities will be determined by the City Planner and City Engineer Page 17.35 - 53 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
based on the nature of the product or service being offered. The required stacking area does not include the vehicle being served. Each stacking space shall be 11 feet wide and 20 feet long. Stacking areas may not block drive aisles, driveways, or access to parking spaces. Drive-through facilities shall be designed so as to avoid conflict with other uses provided on the site, including parking, drive aisles, and pedestrian access.
B. Except as otherwise approved by the City Engineer, the following stacking requirements shall apply: Drive-Through Stacking Requirements Type of Use Stacking Spaces Required Retail, laundry 4 spaces per station Restaurant, food, beverage service 6 spaces at ordering location; 3 spaces between ordering and pick-up location
Car wash (full or self-service) 2 spaces per approach line Service station 1 space per set of gasoline pumps Oil/lube change service 2 spaces per service bay
C. Upon a change of use within an existing drive-through facility, a minor modification application shall be submitted to the Planning Division pursuant to Section 17.03.250 to provide for review of the operational requirements as outlined in this section, and modifications to the site design may be required to accommodate the change of use.
D. Site design should locate the drive-through aisle so that pedestrians do not need to cross the aisle in order to access the main building entrance from the parking lot or street. If a pedestrian walkway intersects a drive-through aisle, the walkway shall be striped and illuminated for visibility and safety. Each drive-through lane shall be constructed with concrete (PCC).
E. Drive-through aisles shall have a minimum 14-foot width on curves and a minimum 11- foot width on straight sections, with a minimum inside turning radius of 15 feet.
F. Drive-through aisles and associated structures shall be set back from the ultimate curb face of an adjacent public right-of-way a minimum of 25 feet.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
G. Drive-through lanes should be screened from public view by orientation of the building and provision of landscaping, change of grade, low screen walls, or a combination thereof.
H. Drive-through aisles shall not exit directly onto a public right-of-way.
I. Drive-through restaurants within shopping centers shall have an architectural style consistent with the theme established in the center.
17.35.110 AUTOMOBILE SERVICE STATIONS AND REPAIR FACILITIES
A. The minimum lot size shall be 20,000 square feet.
B. All activities and operations shall be conducted entirely within an enclosed building, except for the dispensing of petroleum products, water and air, and the provision of emergency service of a minor nature.
C. The cashier location within a service station shall have a direct view of the pump islands.
D. Interior drive aisles between pump islands shall be a minimum of 30 feet in width.
E. There shall be a minimum distance of 150 feet between curb cuts, and driveways shall be located as far away from the curb returns of an intersection as possible.
F. The width of a driveway shall not exceed 36 feet at the sidewalk.
G. No vehicles may be parked or stored on sidewalks, parkways, driveways, or drive aisles.
H. Vehicles may be parked on the premises for the purpose of offering said vehicles for sale, in conformance with Ordinance 2001-311, as it may be amended from time to time.
I. No used or discarded automotive parts or equipment or disabled vehicles may be located outside the main structure, unless screened from view and located on an impervious surface. No junked or wrecked vehicles shall be stored on the site.
J. Lighting levels under the canopy shall not exceed 25 footcandles.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.120 CONVENIENCE STORES
A. The minimum site area shall be 20,000 square feet without gasoline sales, and 40,000 square feet with gasoline sales.
B. The site shall not have direct access onto a local residential street.
C. Trash receptacles shall be provided at each building entrance and at convenient locations inside and outside of the convenience store.
D. A bicycle rack shall be installed in a convenient location visible from the inside of the store.
E. Public restrooms shall be accessible only from inside the store.
F. Security lighting, site lighting and/or illuminated signage shall be designed so as not to adversely affect adjacent residential areas.
G. For security purposes, the windows of a convenience store shall not be fully obstructed with signage and/or display racks. The inside of the store shall be visible to public safety personnel from outside the store.
H. No video or arcade type games shall be installed or operated on the premises.
I. The following requirements pertain to concurrent sale of alcohol and gasoline:
1. No alcoholic beverage shall be displayed within 5 feet of the cash register or the front door unless it is in a permanently installed cooler.
2. No advertisement of alcoholic beverages shall be displayed at motor fuel islands or on the building or windows.
3. No sales of alcoholic beverages shall be made from a drive-up window.
4. No display or sale of alcoholic beverages shall be made from an ice tub.
5. Employees on duty between the hours of 10 p.m. and 2 a.m. shall be at least 21 years of age to sell alcoholic beverages.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.130 SHOPPING CENTERS
A. Design of a shopping center shall provide a transition from more sensitive adjacent land uses through setbacks, screening, and buffering from loading, trash collection, and service and storage areas. Lighting shall be low-level and shielded along property lines adjacent to less intensive uses.
B. A shopping center shall be planned as a group of organized uses and structures in terms of layout, massing, parking, access, drainage, utilities, and other site design considerations.
C. A shopping center shall be designed with a cohesive theme, using consistent building and landscaping materials and design.
D. Provisions shall be made for consistent maintenance, reciprocal access, and reciprocal parking.
E. Vehicle and pedestrian access shall be coordinated and logically linked to provide a comprehensive circulation system.
F. Shopping centers shall be developed pursuant to a master conditional use permit pursuant to Section 17.03.170, which may be phased. The master CUP shall include a written document outlining the design themes for building architecture, signage, landscaping, maintenance, and the proposed phasing plan. For all buildings to be developed in the first phase, the CUP shall include a precise plan for development, including floor plans and building elevations, as required by Section 17.03.170. Approval for development of individual buildings or pads in later phases may subsequently be granted in accordance with the master CUP through approval of a minor modification pursuant to Section 17.03.250, which shall include the building footprint, floor plans, building elevations, and other precise development information required for that building or phase.
17.35.140 NIGHTCLUBS, BARS, CABARETS, AND SIMILAR USES
A. Nightclubs, bars, cabarets, and other establishments using amplified sound at a level which may be heard from surrounding properties and rights-of-way, shall be sound insulated to protect nearby residential and commercial lodging uses. Entrances to these uses should be located away from residential and commercial lodging uses. Vestibule entrances (with a double set of doors) shall be installed to block sound.
B. Adequate indoor waiting areas shall be provided for customers waiting to enter the facility.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
C. No operable windows shall be installed facing a public street or facing areas used or designated for residential or commercial lodging uses, to avoid noise spillage.
D. Double glazing, masonry walls and other soundproofing measures may be required, based on the type of entertainment.
E. All fire exits shall be alarmed, and designed so that they cannot be propped open.
F. Nightclubs, bars, cabarets, and other establishments using amplified sound at a level which may be heard from surrounding properties and rights-of-way, shall be located no closer than 300 feet from residentially used or designated property, commercial day care center, school, or social care facility.
17.35.150 AMUSEMENT DEVICES AND ARCADES
A. No more than three amusement devices, but not to exceed 5 percent of the public floor area, may be permitted per business without approval of a conditional use permit pursuant to Section 17.03.170. Each machine and playing area shall be allocated a minimum of 10 square feet of space.
B. Amusement devices shall not obstruct or crowd entries, exits, or aisles.
C. Adult supervision is required and all amusement devices must be placed in an area that is visible to the supervisor at all times.
D. In granting a conditional use permit for an amusement arcade, the Planning Commission shall consider the need for adult supervision, hours of operation, proximity to schools and other community uses, compatibility with the surrounding neighborhood and businesses, noise attenuation, bicycle facilities, interior waiting areas, and other similar impacts of the proposed use. Conditions of approval may be applied to the project to mitigate potential impacts.
E. The application for an amusement arcade shall include a description of the type of machines, a floor plan, and hours of operation. In addition, the applicant shall submit a list of gummed labels containing the owner of every individual business within a 300 feet radius, along with the property owner mailing list.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.160 CONVERSION OF RESIDENTIAL STRUCTURES TO NON- RESIDENTIAL USES
A. No structure originally designed as a residence (including hotels, motels, and lodges), or as an accessory structure or addition to a residence, shall be used for any commercial or office uses unless the building and site are improved to meet all code requirements for an office or commercial development, including requirements of the Development Code and applicable building and fire codes. Such conversion shall be subject to a Plot Plan Review or Conditional Use Permit process, as required by the use regulations contained in Table 17.35.030.A.
B. If the access drive to the rear of the lot is less than 20 feet in width, a turnaround shall be provided for vehicles exiting the site, and clear sight shall be provided between the driveway and the rear of the lot.
C. A residential garage may be used to provide required on-site parking.
D. Setbacks and yards established for the original structure may be deemed to meet the setback and yard requirements for the new use, provided that if the structures are non- conforming as to setbacks or yard areas, no additional encroachments into yard areas shall be allowed.
E. Additional landscaping may be required to buffer the non-residential use from adjacent residential uses.
F. No signs shall shine light into adjacent dwellings. Backlighting of signs is encouraged.
17.35.170 MAJOR COMMUNICATION FACILITIES
A. Wherever possible, the use of stealth antennas, disguised as an integral part of the design of a building, is preferred over the construction of separate towers to hold communication equipment. When mounted on a building, antennae shall be painted or finished so as to match the building.
B. Where a tower or monopole facility is required to meet coverage needs, the following requirements shall be met:
1. Tower or pole shall be designed to facilitate collocation of other facilities, where feasible.
2. Tower or pole shall be camouflaged or treated in some way to blend in with the surroundings, such as through use of foliage to resemble a tree, or other Page 17.35 - 59 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
appropriate methods. The camouflage material need not be counted in establishing the height of the structure.
3. Maximum height of a tower or pole shall not exceed 60 feet for a single user, or 65 feet where the facility is designed to allow co-location, except as otherwise approved through a minor deviation or variance pursuant to Section 17.03.180.
4. All required setbacks shall be met on the site.
5. The reviewing authority may require an alternative site analysis to mitigate visual, land use, or environmental impacts.
6. Communication facilities shall not be located closer than 150 feet from any property zoned or legally used for residential uses.
7. Where appropriate and practicable, the reviewing authority may require tree planting or other landscaping to screen the tower and related equipment.
8. Fencing and equipment structures shall include use of wood, gable roof lines, and earth-tone colors when in locations visible to the general public.
9. Placement of a communication facility on an existing development site shall not reduce required space allocated to parking, loading, landscaping, open space, and service areas.
10. No form of advertisement shall be allowed on a major communication facility. The display of any sign or graphics on an antenna or support structure is prohibited, except for public warning signs as required by law.
11. All wires, cables, and utility lines shall be placed underground, except for cables attached flush to the surface of a building or to the structure of the antenna. All underground wires and utility lines shall be placed so as to minimize disruption to critical root zones of trees.
12. When deemed appropriate by the reviewing authority, the duration of the approval period for a major telecommunication facility shall be established by the conditional use permit, and the applicant will be required to enter into an agreement stipulating to such approval period as a condition of approval. An extension of the conditional use permit may be granted, and new conditions of approval may be applied to the extension based on changing conditions or development in the surrounding area.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
13. Prior to ceasing operation of the facility, the operator shall notify the City Planner in writing. If the discontinued use is permanent, the owner and/or operator shall promptly remove the facility, and repair any damage to the premises caused by such removal, which may include revegetation. All such removal and repair shall be completed within 90 days after the use is discontinued, and shall be performed in accordance with all applicable codes and regulations. For purposes of this paragraph, a facility shall be considered to be discontinued permanently after being vacated for a period of 180 days. Any subsequent proposal to use the facility shall require approval of a new conditional use permit.
14. Communication facilities that have been determined to be inoperative or abandoned for a period of 180 days shall be removed, unless a new application to re-establish the use is filed with the City.
17.35.180 CHURCHES, RELIGIOUS INSTITUTIONS, MEETING ROOMS, CONFERENCE ROOMS, AND SIMILAR PLACES OF ASSEMBLY
A. Minimum lot size shall be 20,000 square feet, except where such facility is to be located within an existing commercial development.
B. In addition to other required setbacks of the underlying zone, no building used for assembly purposes shall be located closer than 20 feet from residentially used or designated property.
C. Outdoor activities may only be conducted between the hours of 8:00 a.m. and 8:00 p.m. Any outdoor activities or events which include the use of tents or amplified sound systems, or which will be held between 8:00 p.m. and 8:00 a.m., will require approval of a special event permit.
D. Approval of an assembly use does not authorize establishment of any school, day care, nursery, food bank, charitable donation center, emergency service provider, or other use, except as authorized by the conditional use permit for the primary use or a modification thereof.
E. In the event that a group leases or rents space in an existing commercial facility such as a hotel, restaurant, or banquet facility for the purpose of conducting meetings on a regular and continuing basis, but where such regular meetings are not the primary purpose of the property and all applicable development requirements are met on the property, no conditional use permit is required.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.190 MASSAGE AS AN ACCESSORY USE
A. Massage as an accessory use may be allowed in the following cases:
1. In conjunction with an approved health club, athletic club, gym, hotel, beauty salon, barber or beauty shop, tanning parlor, or similar use; or
2. In conjunction with an approved medical practice or clinic, provided that massage treatments may only be provided for medical purposes to patients of that medical practice.
B. Only two permitted massage technicians shall be on duty at any one time, and only two massage chairs or tables shall be provided on the premises.
C. Massage as an accessory use must be administered by a massage technician who has been issued a business permit and business license pursuant to Section 5.52.020 of the Municipal Code, and who is in compliance with that section.
D. The accessory massage use must be incidental to the primary business, and the owner of the primary business is not required to obtain a separate massage establishment permit for this accessory use. The owner of the primary business is responsible for the massage activities of all massage technicians employed at the location and must comply with all applicable requirements of Chapter 5.52 of the Municipal Code.
E. The business license relating to the primary use is subject to revocation if any of the massage activities are in violation of this section or in violation of other applicable code requirements or conditions of approval.
17.35.200 COMMERCIAL DAYCARE FACILITIES
A. A day-care facility for children shall be located as follows:
1. No closer than 300 feet from gasoline pumps, storage tanks, or any other storage of explosives or hazardous material;
2. No closer than 300 feet from any bar, nightclub, or liquor store;
3. No closer than 1,000 feet from any sexually-oriented business;
4. In approving a location for a day care facility, the reviewing authority shall evaluate any adverse effects on children from truck traffic, air emissions, noise, adjacent land uses or other issues affecting the proposed site. Page 17.35 - 62 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
B. Where a drop-off area is proposed to be provided for the pick-up and delivery of children, the area shall meet the following requirements:
1. A minimum of 1 vehicle loading space shall be provided for every 20 children;
2. Drop-off zone shall be located near the main entryway, so that children will not have to cross the parking lot or any traffic areas to enter the building;
3. Drop-off area shall be located and designed so that there is no queuing of vehicles onto the adjacent right-of-way.
C. Play space shall be provided as follows:
1. A fenced outdoor play area shall be provided with a minimum area of 75 square feet per child;
2. Indoor play areas shall be provided with a minimum area of 35 square feet per child;
3. Restroom facilities shall be provided with a minimum of 1 toilet per 15 children.
17.35.210 PORTABLE STORAGE CONTAINERS
A. The use of truck trailers, metal or wood boxes, segments of pipes, tanks, and similar items which are not designed or intended to be used as a structure, is prohibited for any storage use or occupancy within all commercial and public zones.
B. The use of portable storage containers, including cargo containers, sea-train containers, and mobile equipment and storage boxes that are not classified as structures, may be permitted for temporary construction activity in the following cases:
1. Portable storage containers may be used for storage of equipment and materials on active construction sites provided that a valid building permit is in effect, that the container is used in conjunction with the permitted construction activities, and that construction is ongoing on the site. Such containers shall be removed prior to issuance of a final certificate of occupancy for the structure(s) constructed pursuant to the building permit.
2. Portable storage containers may be used for storage of equipment and materials within an offsite construction staging area, provided that a Temporary Use Permit for such staging area has been granted pursuant to Section 17.03.290, that the grading and/or building permit for the construction project remains valid, that the
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
container is used for the permitted construction activities, and that the construction activity is ongoing. Such containers shall be removed prior to issuance of a final certificate of occupancy for the structures being constructed pursuant to the building permit.
C. Within the C-2 (Commercial - General), C-4 (Commercial - Recreation), C-5 (Commercial - Industrial), and P (Public) zones, portable storage containers may be used for storage purposes only, as an accessory use to a primary use already legally established on the property, provided that the following requirements are met:
1. The location, size, type, appearance, and use of portable storage containers shall be subject to City review and approval pursuant to the plot plan review or conditional use permit issued for the primary use, or, if subsequent to commencement of the primary use, through approval of a minor modification of said approval pursuant to Section 17.03.250.
2. Only two portable storage containers shall be allowed per business or use.
3. The maximum cumulative size of all portable storage containers on site shall be 400 square feet. The maximum height shall be 10 feet.
4. The portable storage container shall be placed or screened so as not to be visible from the public right of way, from residentially used or designated property, or from commercial lodging establishments.
5. The portable storage container shall not be placed within any required yard or setback area. The container shall be set back at least 20 feet from any property line and any other storage container, and at least 10 feet from any building.
6. The portable storage container shall be used only for storage purposes. There shall be no habitable space or use by employees or other persons within said container.
7. There shall be no storage of fuels, gases, petroleum products, combustible or hazardous materials in a portable storage container. The applicant shall provide, in writing, a detailed description of the materials intended to be stored in the container at the time an application for such container is filed.
8. The portable storage container shall not obstruct or reduce required parking or loading spaces, drive aisles, open space, landscaping, or other site requirements.
9. The portable storage container shall not be placed within the critical root zone of any tree of 6” DBH or larger. Page 17.35 - 64 Ordinance 2003-333, Adopted 9/8/03 Ordinance 2004-344, Adopted 11/8/04 Ordinance 2006-366, Adopted 10/9/06 Ordinance 2011-412, Adopted 5/9/11 Ordinance 2011-415, Adopted 8/22/11 Ordinance 2011-417, Adopted 12/12/11
Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
10. There shall be no structures attached to the portable storage container, and no such container shall be attached to other structures by roofs, walls, passageways, sheds, canopies, patio covers, or other means.
11. No utilities may be connected to or provided for the portable storage container.
12. Fire extinguishers shall be provided in the portable storage container as required by the Fire Department.
13. All portable storage containers shall be subject to inspection by the Fire Department annually, or at any time deemed necessary to verify compliance with this section. The owner of any such container shall be required to allow inspection during normal business hours.
14. Failure to comply with the requirements of this section and the land use approval for the primary use may result in revocation of approval to maintain a portable storage container on the site.
15. The approval to use a portable storage container shall apply only to the business for which approval was originally granted. Upon change of use, change of ownership, or cessation of use, the portable storage container shall be removed from the site and the site shall be restored to its original condition, which may include revegetation, within 90 days.
17.35.220 DEVELOPMENT STANDARDS REGULATING LARGE RETAIL USES
A. A large retail commercial use shall be defined as the construction or occupancy of a single structure for the express purpose of accommodating one retail tenant on one parcel. When a large retail commercial use is located within a multi-tenant building, or in multiple detached buildings located on the same or adjacent parcel, the retail tenant’s space shall define the “building.”
B. Maximum Building Size. Notwithstanding any other provisions of the Development Code, large retail commercial uses identified with Footnote 4 in Table 17.35.030.A shall not occupy a building or collection of buildings on one parcel that exceeds a maximum of 40,000 square feet of total indoor gross floor area.
C. Existing large retail commercial uses identified with Footnote 4 in Table 17.35.030.A that occupy building(s) that exceed 40,000 square feet of total indoor gross floor area shall be deemed transitional uses and structures subject to the provisions of Section 17.03.330.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
17.35.230 MEDICAL MARIJUANA DISPENSARIES
A. Prohibition. It shall be unlawful for any person to open, operate, manage or be employed by, or conduct, as a primary use or an accessory use, a medical marijuana dispensary within the Commercial-Service (C-1), Commercial-General (C-2), Commercial-Visitor (C-3), Commercial-Recreation (C-4), Commercial-Industrial (C-5), Public/Open Space (P-OS) or Village Specific Plan (VSP) zones of the City of Big Bear Lake, or any other subsequently adopted specific plans.
B. Definitions.
1. “Marijuana” shall mean all parts of the plant Cannabis, whether growing or not; the seeds thereof, the resin extracted from any part of the plant; and every compound manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. It includes marijuana infused in foodstuffs, including lozenges, chewing gum and beverages. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except resin extracted there from), fiber, oil, or cake, or the sterilized seeds of the plant that are incapable of germination.
2. “Medical Marijuana Dispensary” shall mean any association, cooperative (co-op), club, delivery service, collective, and any other similar use involved in the sale, possession, cultivation, use, or distribution, or any combination thereof, of marijuana for medicinal purposes. A delivery service shall not be considered a medical marijuana dispensary when the physical place of business of the service is not located within the City of Big Bear Lake and the delivery service activity is limited to the delivery of marijuana for medicinal purposes to or through the City.
17.35.240 EMERGENCY SHELTERS
A. To accommodate the city’s emergency housing need as required by section 65583(a) (4) of the California Government Code, emergency shelters shall be allowed by right in the C-5 Commercial/Industrial Zone. For the purposes of this Chapter, “emergency shelter” shall have the meaning set forth in section 65582 of the California Government Code. The City shall not require a conditional use permit or other discretionary permit for the construction of an emergency shelter.
B. The City may not disapprove an emergency shelter unless it makes written findings, based upon substantial evidence in the record, as to one of the following:
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
1. The City has met or exceeded the need for emergency shelter as identified in the housing element.
2. The emergency shelter would have a specific, adverse impact upon the public health or safety, and impact upon the public health or safety.
3. The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development of the emergency shelter financially infeasible.
4. The emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project.
5. The emergency shelter is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan as it existed on the date the application was deemed complete, and the jurisdiction has adopted a revised housing element in accordance with Section 65588 that is in substantial compliance with state law.”
C. Emergency shelters are subject to the general development standards in Table 17.35.050.A. In accordance with the authority granted to the City in section 65583(a) (4) of the Government Code, an emergency shelter must also meet the following development and management standards:
1. The shelter may serve no more than 6 persons per night. This standard shall be reevaluated at the City’s discretion based upon any changes in law or policy.
2. The shelter shall have not less than one parking space for each 250 square feet of gross floor area, unless it is demonstrated to the City by credible evidence that a different parking ratio is appropriate based on the shelter’s demonstrated need.
3. The waiting and client intake areas shall be at least 500 square feet in total gross floor area.
4. The shelter shall prepare and file a management plan with the City that includes clear operational rules and standards, including, but not limited to, standards governing expulsions and lights-out. As part of the management plan, each shelter must provide 24-hour on-site supervision.
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Big Bear Lake Development Code Chapter 17.35 – Commercial and Public Zones
5. A shelter may not be located within 250 feet of another emergency shelter.
6. No person may stay at an emergency shelter for longer than 180 consecutive days.
7. Lighting standards shall comply with the provisions of Section 17.35.080.E (Site Design Standards).
8. Security shall be provided during the hours the emergency shelter is in operation.
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