§ 9-32.040. Exceptions

The performance standards set forth in this Article shall not apply to those specific developments or applications involving one or more of the following circumstances:

A.

Any approved permit, including, but not limited to, a specific plan, planned development permit, cluster development permit, vesting tentative map, tentative map, parcel map, special use permit, variance, sign variance, building permit, grading permit, encroachment permit, or other entitlement valid as of July 21, 1986. This shall include any such entitlement for which a minor modification is approved. However, prior to the Director approving or conditionally approving the minor modification, he shall submit the application to the Commission for a determination of whether the application meets the criteria of Section 9-52.030 (Administrative Adjustments) of this Code. If the Commission so determines, this exception shall apply to any such subsequently approved minor modification, unless the Director, or the Commission on appeal, or the Council on further appeal finds any modification to such entitlements to be a major modification of such a magnitude as to alter the original intent of the project approval;

B.

Any reapplication for a previously-approved planned development permit, tentative map, or any other entitlement valid as of July 21, 1986, where the failure of the project to proceed under the original entitlement is solely caused by the failure to obtain the necessary building permit allocations in spite of having filed a good faith application therefore and that such reapplication does not contain any modification to the original entitlement of such a magnitude as to alter the original intent of the project approval;

C.

The construction of a residential dwelling unit, or additions thereto, and accessory buildings on a legally subdivided, residentially-zoned parcel as of July 21, 1986, which does not involve grading for structures on visually prominent ridgelines or on land with a slope in excess of 20 percent or grading in excess of 1,000 cubic yards;

D.

Any parcel having only isolated land forms with slopes of 10 percent or greater which have a horizontal run of less than 100 feet and a vertical rise of less than 30 feet;

E.

Any parcel involving a sanitary landfill operation, landfill related gas recovery and collection systems, and ancillary electrical power generating and transportation facilities, as well as equipment storage, administrative facilities, and ancillary improvements related to a landfill, all of which are subject to government permits; provided, however, such exemption shall not apply to landfills which receive hazardous wastes as defined in Section 25117 of Title 22 of the California Administrative Code, as amended;

F.

Grading for agricultural purposes pursuant to a grading permit reviewed by the Commission following a duly-noticed public hearing;

G.

Lot line adjustments, lot mergers, or condominium conversions involving existing structures, issued pursuant to local ordinance;

H.

Fire breaks and fire roads required by the County Fire Department;

I.

Recreation trails for pedestrian or equestrian purposes constructed by or pursuant to the requirements of the Rancho Simi Recreation and Park District;

J.

A Specific Plan which includes a regional shopping center which provides at least 500,000 square feet of building area, a minimum of two major department stores of at least 100,000 square feet each, a predominantly-enclosed pedestrian mall, and which prohibits satellite buildings for fastfood restaurants;

K.

The construction of public works improvements, including, but not limited to, drainage channels, retention basins, water tanks, and pumping stations provided such facilities shall be landscaped and bermed so as to minimize their visibility from viewpoints from the valley floor as defined in Section 9-32.150(C)(2) of this Article;

L.

Public, quasi-public, nonprofit facilities of a recreational or educational nature, including, but not limited to, planetariums, observatories, and libraries, provided such facilities shall not be visible from viewpoints from the valley floor as defined in Section 9-32.150(C)(2) of this Article;

M.

The replacement or reconstruction of commercial, industrial, or residential structures existing prior to July 21, 1986, which were destroyed or damaged by fire, earthquake, or other natural disaster; and

N.

Cemeteries located within a Specific Plan area in which detailed standards for cemeteries have been adopted. The adopted standards must preclude any above grade improvements, including, but not limited to, headstones, on visually prominent ridgelines and areas in excess of 20 percent slope, except for below ground interments with memorial placards flush with the ground and private drives on slopes of up to 30 percent. Total area of interments and private drives in slopes of between 20 and 30 percent cannot exceed 10 percent of the total cemetery area.

(§ 5, Ord. 1085, eff. January 6, 2006)