Note: Prior ordinance history: Ord. 977.
Specific Plan No. 5 applies to the portion of San Dimas approximately located on the east side of San Dimas Avenue, south of Calle Rosa, and adjacent to the westerly edge of the Interstate 210 Freeway. Specific Plan No. 5 is irregularly shaped, and approximately one hundred fifteen acres in size. Set out at the end of this chapter is Exhibit A, which illustrates the location, shape and size of Specific Plan No. 5.
(Ord. 1016 § 1, 1994)
The purpose of Specific Plan No. 5 is to provide for a coordinated and comprehensive residential project, which utilizes the advantages of the topography, natural setting and location to create a quality, very low density single-family residential community.
Furthermore, it is the intent of this specific plan to provide a range of single-family housing products, design and amenities to meet the needs of the inhabitants and the surrounding community.
(Ord. 1016 § 1, 1994)
A. 
Unless otherwise specified, all development standards within Specific Plan No. 5 shall comply with this code. Terms used in this chapter shall have the same meaning as defined in this title, unless otherwise defined in this chapter.
B. 
Any details or issues not specifically covered by Specific Plan No. 5, shall be subject to the regulations of this code.
C. 
All references in this chapter relate to other portions of this code as currently written, unless expressly provided to the contrary. In the event that any condition or term set forth in this chapter is declared illegal or unenforceable, the other terms and conditions shall remain in full force and effect to the full extent permitted by law.
D. 
Specific Plan No. 5 is an instrument for guiding, coordinating and regulating the development of property within the area designated on the area map (in this chapter, "area map") attached to the ordinance codified in this chapter and set out at the end of this chapter as Exhibit A. The plan replaces the usual zoning regulations. It is a "specific plan" as authorized in Article 8 of Chapter 3 of the State Planning and Zoning Law. The plan is consistent with, and carries out, the provisions of the general plan of the city.
(Ord. 1016 § 1, 1994)
A. 
Review Requirements. Unless otherwise provided in Section 18.12.050, before any grading or building is erected on any lot or parcel in the SP-5 area, a development plan shall be submitted for review and approval to the development plan review board and the planning commission pursuant to the plan disposition procedures provisions of Chapter 18.12. The decision of the planning commission shall be final unless that decision is appealed to the city council pursuant to the provisions of Chapter 18.212. In addition to the standard development plan findings, the above bodies, in approving any lot or lots in SP-5 shall make the following findings:
1. 
The proposed improvements will maintain or enhance the existing character and purpose of SP-5;
2. 
Structures and appurtenances are sited in a manner that minimizes visual impact and disturbance to the natural terrain;
3. 
The architectural character, style and use of materials harmonize with the natural settings; and
4. 
In the estate area, the architectural character, style and massing minimize two-story construction elements, provide sufficient offsets, varying roof-line heights, or otherwise minimize the perception of building bulk.
B. 
Prior to submitting development plans, the applicant may meet with city planning and engineering staff members to discuss and review the general purpose and objectives of Specific Plan No. 5 in relation to any development concepts proposed by the applicant.
C. 
The applicant shall submit to the department of community development and/or public works plans, specifications and fees pursuant to the submittal and application procedure required by the department of community development.
(Ord. 1016 § 1, 1994)
A. 
Development plan review shall be required. No person shall construct any building or structure, or relocate, rebuild, alter, enlarge or modify any existing structure, until a development plan has been reviewed and approved in accordance with the provisions of Chapter 18.12 of this title, or until an amendment to approved plan or a minor modification has been approved pursuant to the provisions of this chapter.
B. 
Amendments to Approved Plans. Development plans may be amended by the same procedure provided for approval.
C. 
Minor Modifications. Minor alterations to approved development plans may be approved by the director of community development when these modifications do not substantially change the concept or integrity of an approved development plan.
(Ord. 1016 § 1, 1994)
Buildings, structures and land shall be used, and buildings and structures shall hereafter be erected, structurally altered or enlarged only for the following uses:
A. 
Primary Uses.
1. 
Single-family residential (attached and detached),
2. 
Open space,
3. 
Public utility facilities which provide direct and necessary service to the residential tracts in the specific plan, such as service for water, sewer, electricity, and the like, provided that the proposed facility shall be located a minimum of three hundred feet from the nearest residence, and shall not exceed twenty-five feet in height. All improvements shall be subject to the provisions of Section 18.506.090(E) and (F);
B. 
Incidental Uses.
1. 
Home occupations,
2. 
Household pets as described and regulated in Chapter 18.20 Residential Zones Generally;
C. 
Accessory Uses. The following uses are accessory uses when they are accessory to the primary permitted uses, and when their location and design has first been approved by the development plan review board, unless otherwise provided for in Section 18.12.050:
1. 
Detached garages and carports,
2. 
Swimming pools and spas,
3. 
Fences and walls subject to the provisions of Section 18.506.180,
4. 
Recreational buildings and facilities including community tennis courts, basketball courts, swimming pools, children's play yards, and the like,
5. 
Directional and informational signs,
6. 
Landscape components, including cabanas, cantilevered decks or retaining wall supported patios, decks and swimming pools in accordance with Section 18.12.050,
7. 
Other accessory uses of a similar nature which the development plan review board finds consistent with the spirit and intent of this specific plan.
D. 
Temporary Uses.
1. 
Model homes, temporary real estate offices and parking compounds associated with the original sale of residential homes, subject to the approval of the director of community development,
2. 
Temporary storage and office compounds for contractor's trailer and construction equipment during actual construction,
3. 
Real estate, model complex and/or tract signs relating to the sale, lease or disposition of the real property on which the sign is located and which is temporary in nature, subject to the provisions of Chapter 18.152.130,
4. 
Such other uses as are permitted pursuant to Chapter 18.196.
(Ord. 1016 § 1, 1994; Ord. 1226 § 1, 2014)
The following may be permitted provided a conditional use permit is first obtained pursuant to the provisions of Chapter 18.200 of this title: Public utility facilities which provide direct and necessary service to the residential tracts in the specific plan, such as service for water, sewer, electricity, and the like, if the proposed facility is located within three hundred feet from the nearest residence, and/or exceeds twenty-five feet in height. In any case, the maximum height shall be no greater than thirty-five feet.
(Ord. 1016 § 1, 1994)
Nonconforming uses and improvements shall be subject to the provisions of Chapter 18.204 in this title except as provided for the existing communication transmission facilities as set forth in Section 18.506.090 of this chapter.
(Ord. 1016 § 1, 1994)
At the time of adoption of this section, there are two existing communication transmission facilities which exist within the boundaries of Specific Plan No. 5: the county communication transmission facility on the approximate two-acre site west of Lot 31 of Tract 39492 and the privately owned communication transmission facility on Lot 31 of Tract 39492. The purpose of this section is to provide regulations for the reasonable continuance, modification and repair of these two facilities in order to promote compatibility of uses, improve environmental quality, and protect the public health, safety and general welfare. Said existing communication transmission facilities shall be subject to the following standards:
A. 
Structure Height. The maximum height of any tower structure shall be one hundred feet. The maximum height of any accessory building shall be eighteen feet.
B. 
Antennae Modifications. Additions, modifications or relocation of antennae attachments to the tower facility shall be made in conformance with the applicable building and engineering codes to the satisfaction of the city engineer.
C. 
Expansion of Use. The facilities shall not have additions to, or enlargements or expansions of the tower structure, except to change, upgrade or add antennae pursuant to subsection B of this section. The facilities may have additions, modifications, strengthening or rehabilitation of the tower structure and/or accessory building(s) subject to the review and approval of the development plan review board pursuant to subsection F of this section.
D. 
Reconstruction. If the facilities are damaged or destroyed due to natural and/or unnatural causes, the facilities may be repaired or reconstructed subject to the review and approval of the development plan review board pursuant to subsection F of this section provided the proposed facilities do not exceed the size, scale or intensity of use as the facilities in existence at the time of destruction of the facilities.
E. 
Access and Landscaping. To the boundaries of the facility owner's responsibility, the facility owner shall upgrade the existing dirt driveway to an improved, all-weather access to the facility and upgrade existing landscaping to provide sufficient screening of the facility. Said driveway and landscaping shall be installed no later than twenty-four months from the date of adoption of the ordinance codified in this chapter, unless required to be installed sooner pursuant to subsection F of this section.
F. 
Review and Approval. Any proposed addition, modification, rehabilitation, relocation or reconstruction allowed pursuant to subsections C and D of this section shall be subject to the review and approval of the development plan review board.
1. 
A landscape plan shall be required as a component of such an application. Said landscape plan shall provide aesthetic design treatment for the perimeter of the facility.
2. 
An upgraded and/or relocated driveway to access the facility may be required as a part of development plan review.
3. 
Support facility structures and perimeter security fencing shall be designed in such a manner as to be aesthetically compatible with the surrounding residential land uses. Materials and colors shall be consistent with materials and colors utilized in residential units.
G. 
Nothing in this section shall authorize the maintenance of a public nuisance as defined in Chapter 8.16.
(Ord. 1016 § 1, 1994)
A. 
The residential densities within the different areas of the specific plan as shown on Exhibit A shall be as follows:
1. 
Cluster Area—Single-Family Attached. A total of sixty-eight single-family attached units shall be permitted.
2. 
Cluster Area—Single-Family Detached. A total of twenty-two single-family detached units shall be permitted.
3. 
Standard Areas. A total not to exceed eighty-three single-family detached units shall be permitted.
4. 
Estate Area. A total of twenty single-family estate units shall be permitted. Notwithstanding, if the county communication transmission facility described in Section 18.506.090 is abandoned, this lot may be permitted for development of a maximum of four estate lots. In reviewing any subdivision of said lot, the city council may determine that less than four lots be approved upon this site in order to establish an adequate and appropriate means of access to and placement of future dwellings pursuant to Sections 18.506.160 and 18.506.040 of this chapter. If the county communication transmission facility is so removed and replaced with estate lots, a maximum total of twenty-four single-family estate units shall be permitted.
B. 
Individual Building Sites. Each single-family residential structure (dwelling) together with any accessory structure, shall be located on an individual residential building site (lot). There shall be no more than one single-family dwelling per building site. No attached or detached guest quarters are permitted.
(Ord. 1016 § 1, 1994)
No grading permits shall be issued unless the grading plans have first been approved by the development plan review board and the planning commission, and it has been found that the grading design conforms to the provisions set forth in this section. Pre-and post-grading models may be required at the discretion of the director of community development.
A. 
General Provisions. It is the intent of this specific plan to incorporate contour grading techniques on slopes exposed to public view and on lots situated in sensitive topographic uses. This technique shall be allowed to provide for the placement of permitted uses and for access to those uses. Storm drainage runoff, where possible, shall follow its natural drainage course.
B. 
Contour Grading Design Intent. Contour grading is a hillside grading technique which allows for a moderate amount of grading so that the resulting product resembles natural appearing hillside features. This method is accomplished by the recontouring of the hillside with slopes and other features which resemble the natural contours of the hillsides. The goals of the contour grading concept are as follows:
1. 
To create a natural appearing hillside development;
2. 
To provide graded slopes which resemble surrounding natural hillsides;
3. 
To mitigate the need for massive retaining walls, pylons, stem walls and house designs that "sprawl" down a hillside;
4. 
To better site structures in hillside areas;
5. 
To allow for appropriate landscaping, drainage and architectural opportunities in hillside areas.
C. 
Contour Grading Techniques. The following techniques and characteristics are features of contour grading and shall be incorporated into the grading design.
1. 
Area grading instead of individual lot grading. The intent of contour grading is to study the slope appearance of the natural hillsides in the project vicinity, and design a grading scheme which resembles these natural features. In some cases, this may result in a greater volume of grading to be performed in order to reach the desired design;
2. 
Split-level pads instead of flat pads. The intent is to better site structures into, or along, hillside terrain. Split-level pads or other creative grading approaches should be used;
3. 
Pads follow contours. Where level pads are required, the pads should conform to the direction of the contours when this type of solution does not conflict with desirable drainage solutions. A series of small pads that are curvilinear, irregularly-shaped and follow the form of the hillside are preferable to large, square-shaped pads;
4. 
Natural-appearing yard areas. Contour grading shall be used to create pads and yard areas which complement hillside features. Contour grading shall not be used for the sole purpose of creating flat yard surface areas. In other words, the desire to have flat yards shall not be the driving force of a particular grading design. Instead, the hillside as a whole shall be considered, and flat areas shall only be designed where they are logical, natural-appearing and of an appropriate size (i.e., at the base of a hillside or along flat portions of a ridge);
5. 
Mitigate cliff-hanger developments. Where possible, grading should be designed such that large structures do not "hang off the edge of a cliff." Where feasible, grading should provide for the structure to be nestled into the hillside with a modest setback (i.e., five or more feet) between the structure and the top of slope. Where a modest setback is not feasible or appropriate, grading should allow for strategically located planting areas so that landscaping may be used to mitigate the perceived mass and bulk of the structure;
6. 
Smooth transitions on slopes. Graded slopes shall have rounded contour edges to provide for smooth cuts and curvatures. Contour grading should soften hard edges left by cut and fill operations where an adverse, mechanically appearing, visual impact may occur;
7. 
Varied slope bank gradients. Graded slopes shall be designed to have a variety of slope bank gradients to emulate natural conditions. For example, instead of creating a solid 2:1 slope bank, a slope may commence with a 5:1 gradient near the base and rise with 2:1, 3:1 and 5:1 gradients to the top of the bank. In some cases, it may be appropriate to provide 1.5:1 slopes;
8. 
Undulating slope banks. Graded slopes shall undulate to emulate natural conditions. The intent of contour grading is to employ a variety in the steepness and configuration of slopes. Contour grading should be used to blend the graded slopes with the natural undulating character of the hillside landform;
9. 
Provide pleasing visual appearance along roadways. Created slopes, either cut or fill that are adjacent to roadways should be graded in such a way that an undulating appearance in the graded plane is provided for a more pleasing visual appearance to the road;
10. 
Open slope areas. In addition to the designated permanent open space areas in the development, there should be open slope areas (graded or natural) on hillside lots which are landscaped with natural vegetation and provide an appearance of a natural hillside;
11. 
Avoid excessive flat-planed development. No excessive flat-planed reconstruction should occur;
12. 
Mitigate retaining walls, caissons and stem walls. Grading designs should mitigate the need for massive retaining walls, caissons and stem walls. For example, with a building site on a steep slope area, a conventional grading approach may require a ten-foot-high retaining wall or stem wall to allow for the placement of a structure on the site; however, a contour grading approach should mitigate this situation such that the retaining wall or stem wall is eliminated or reduced to two to three feet in height;
13. 
Appropriate drainage provisions. Contour grading shall provide for appropriate drainage and erosion-control provisions;
14. 
Conceal drainage devices where feasible. Drainage devices should be placed on a graded slope as inconspicuously as possible. For example, the downhill lip of brow ditches should be raised to shield the ditch from public view;
15. 
Provide erosion control, temporary landscaping and maintenance performance guarantees for phased developments. Since contour grading often involves grading more than one lot at a time, there may be instances where the developer grades lots which the developer does not intend to construct for some period of time. Hence, if a phased development is proposed, the developer shall provide appropriate erosion control, temporary landscaping, and maintenance performance guarantees to ensure graded areas are properly protected, planted and maintained during all phases of construction.
D. 
Grading for Pools and Detached Accessory Structures. In the estate lot area, grading for pools and/or detached accessory structures shall only be permitted where the existing terrain permits such improvements without grading in excess of fifty cubic yards, excluding pool excavation. Such grading shall be in conjunction with design approval by the development plan review board pursuant to the provisions of Chapter 18.12.
(Ord. 1016 § 1, 1994)
Residential buildings and/or structures shall be subject to the following building height standards.
A. 
Cluster Area (Single-Family Attached and Detached) and Standard Areas. No building or structure shall exceed two stories, as defined by the Uniform Building Code, or thirty-five feet in height. For the purposes of this section, building height shall be measured from the lowest, exposed, point of structure contact with the ground, to the highest portion of the structure.
B. 
Estate Area. The single-family estate lots are located on sloping terrain. A third story in excess of the requirements stated in subsection A of this section may be allowed on the downhill side of the structure. This additional building height and floor area is allowed to provide useable interior floor area for parcels which have limited outside useable area due to the steepness of the parcel. In addition, the third story may provide for architectural design variation to the downhill elevation, and reduce the need for stem wall, pylons and retaining wall construction. Third-story floor areas shall be subject to the following provisions:
1. 
The third story shall only be allowed on the downhill side of the structure, where the existing slope of the terrain creates the conditions described in subsection B of this section. The structure shall not exceed two stories, and/or thirty-five feet in height, on the uphill side.
2. 
The maximum building height of the downhill side shall not exceed forty-five feet as measured from the lowest point of structural contact with the ground, to the highest portion of the structure.
3. 
The third-story floor area shall not exceed six hundred fifty square feet in size, or twenty percent of the total building floor area, whichever is more restrictive.
4. 
The third-story floor area shall be designed in a manner to enhance the architectural qualities of the structure, and mitigate the perceived building mass and bulk, as viewed from the downhill side of the structure.
5. 
The third-story floor area shall include exterior elevation decorative treatment consistent and complimentary with all other building elevations. Such decorative treatment may include, but not be limited to, brick, stone, river rock, wood siding, and similar features.
(Ord. 1016 § 1, 1994)
A. 
Front Yard Setbacks. Front yard setbacks shall vary according to topographic conditions and shall be as approved by the development plan review board, planning commission and city council in accordance with the provisions of Section 18.506.040 of this chapter.
B. 
Side Yard Setbacks.
1. 
Cluster Area—Single-Family Attached. The required side yards for single-family attached lots shall be zero feet at the attached wall and five feet at the other side.
2. 
Cluster Area—Single-Family Detached. The minimum required side yards for single family detached lots shall be five and five feet.
3. 
Standard Areas. The minimum required side yards for single-family detached lots in standard areas shall be five and twelve feet. The twelve-foot side yard may be reduced behind the rear main building line to not less than five feet for open patios and other similar structures, pool equipment and swimming pools. On corner lots, the side yard adjacent to the street shall be a minimum of ten feet.
4. 
Estate Area. The minimum required side yards for single-family estate lots shall be ten and twelve feet.
C. 
Rear Yard Setbacks. In the estate area, rear yard setbacks shall vary according to topographic conditions, prominence, and visibility and shall be as approved by the development plan review board, planning commission and city council in accordance with the provisions of Section 18.506.040 of this chapter. Portions of rear yards which include severe and prominent slopes and which are intended to be natural landscape areas pursuant to the landscape plan required under Section 18.506.170 may have building restrictions imposed as a condition of development plan review.
D. 
Setbacks for Accessory Structures. Setbacks for accessory structures shall be as provided for main structures.
(Ord. 1016 § 1, 1994)
In the estate area, there shall be a minimum forty-foot separation between the dwelling and/or attached garage on a lot with the dwelling and/or attached garage on an adjacent lot.
(Ord. 1016 § 1, 1994)
In the estate area, maximum square footage of structures shall be as follows:
A. 
Residential Units.
1. 
Estate lots designated as Group One lots in Exhibit B shall have a maximum of four thousand four hundred square feet of useable, enclosed areas, excluding a bonus room and/or garage.
2. 
Estate lots designated as Group Two lots in Exhibit B shall have a maximum of four thousand eight hundred square feet of useable, enclosed areas, excluding a third-story floor area pursuant to Section 18.506.120B and/or garage.
B. 
Garage. The maximum square footage of a garage shall be eight hundred fifty square feet.
C. 
Accessory Structure. The maximum square footage of any detached accessory structure, excluding a swimming pool, spa, open patio, gazebo or deck, shall be one hundred fifty square feet.
(Ord. 1016 § 1, 1994)
In addition to the standards established by Chapter 18.156, the following standards shall apply:
A. 
General. Driveways and drives shall be designed to a grade and alignment that will provide for a maximum of safety and convenience for vehicular, emergency and pedestrian use and in a manner which will not interfere with drainage or public use of the sidewalks and/or street area. Driveways shall be located and designed to minimize disturbance to natural terrain.
B. 
Cluster and Standard Areas.
1. 
A minimum of two off-street parking spaces within a fully enclosed garage shall be provided for each dwelling unit. In addition, two parking spaces for guests shall be provided for each dwelling unit.
C. 
Estate Area.
1. 
A minimum of two off-street parking spaces within a fully enclosed garage shall be provided for each dwelling unit. In addition, two parking spaces for guests shall be provided for each dwelling unit.
2. 
Any driveway in excess of one hundred lineal feet and serving more than two lots shall have a minimum curb-to-curb width of twenty-six feet.
3. 
Lots 23, 24, 25, and 26 of Tract 39492 may be required to have a shared access driveway at the time of development plan review to allow placement of dwellings further from the street, if deemed appropriate.
(Ord. 1016 § 1, 1994)
A. 
Design Concept. The general design concept is to maintain the scenic amenity represented by existing natural landforms and vegetation, with introduced plant materials designed to harmonize with the natural character of the site. The prominent knoll in the northern portion of the specific plan shall be retained in its natural state, and additional landscaping will be incorporated in specific areas to create a more scenic environment, separate dissimilar uses, and eliminate negative visual impacts, both on and off the landscape entry, screening, and design shall be required as part of the conceptual landscape plan. In addition, a map shall be completed at the time which designates maintenance responsibilities for the community as well as the individual homeowners.
B. 
Landscape Plan and Plant Materials List. Prior to the issuance of any building permits in a given tract, a conceptual landscape plan for all common areas and/or developer-installed landscape areas shall be submitted to the development plan review board by the developer for review and approval by the development plan review board. In the estate area, the landscape plan shall also include the lower portions of estate lots abutting San Dimas Avenue, Via Amarilla, Calle Canela, and the canyon located in the southern portion of Tract 39492. The landscape plan shall indicate natural areas, introduced landscape areas and fire prevention areas. In addition to the landscaping to be provided by the developer, the developer shall submit with the landscape plan required by this section, a complete plant material list for use by individual homeowners in their selection of plant materials.
C. 
Fire Prevention. All landscape areas (natural and introduced) in fire-prone areas shall be subject to the requirements of the Los Angeles County fire department. The fire department may impose installation and maintenance requirements, including but not limited to clearance of brush and vegetative growth, to assist in fire prevention measures.
D. 
Installation and Maintenance Responsibility.
1. 
Installation. All cut and fill slopes in excess of five feet in vertical height shall be planted and irrigated with a sprinkler system to promote growth of plants and ground cover to prevent erosion. In developing a site, the developer shall plant and maintain all slopes until the property is occupied by reason of lease or purchase. The developer shall provide suitable guarantees, satisfactory to the community development director for planting and maintenance as provided in this section.
All manufactured slopes, other than those constructed in rock, shall be planted or otherwise protected from the effects of storm runoff erosion and shall be benched or terraced as required to provide for adequate stability. Planting shall be designed to blend the slope with the surrounding terrain and development. Manufactured slopes in rock shall be provided with soil pockets to contain landscaping where appropriate. Irrigation facilities shall be required where necessary to provide for proper maintenance of the planted areas.
2. 
Maintenance. To insure continued maintenance of plant materials, an automatic irrigation system shall be provided to irrigate all landscaping provided by the developer. Sprinkler systems shall be designed to provide uniform water coverage. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an over-saturated condition or cause an erosion problem. A functional test of the sprinkler system shall be performed by the installer in the presence of a city building inspector.
(Ord. 1016 § 1, 1994)
The following general development standards shall apply to all development areas within the specific plan.
A. 
Walkways. Design and construction of all walkways shall be subject to the approval of the city engineer. A pedestrian walkway shall be provided along Calle Canela and Via Amarillo subject to the approval of the city engineer and the director of community development.
B. 
Storm Drainage. The design of storm drainage facilities shall ensure the acceptance of disposal of storm runoff without damage to the street or to adjacent properties. The use of special structures to accept design storm runoff shall be incorporated into the street design where appropriate. All storm drainage facilities shall be subject to the approval of the city engineer.
C. 
Signs. The following signs are permitted within Specific Plan No. 5 as follows:
1. 
Community identification and directional signs. Community identification, directional and informational signs are permitted pursuant to the approval of a community sign program by the development plan review board as provided by Chapter 18.12 of this title;
2. 
Signs in residential areas. Political and real estate sales signs pursuant to the provisions of Sections 18.152.220 (Political signs) and 18.152.230 (Real estate signs) of this title;
3. 
Temporary directional and identification tract signs subject to the provisions of Section 18.152.160B of this title;
D. 
Lighting. All public streets shall be provided with a level of street lighting designed to protect the health, safety and welfare of those living within the development. Streetlights shall be mounted on ornamental electroliers. Prior to the installation of any lighting or other developer-installed community lighting other than street lighting, a general lighting plan shall be prepared by the developer and submitted to the director of community development for review and approval.
E. 
Fencing. Prior to the issuance of any building permits in a given tract, a conceptual fencing plan for the entire tract shall be prepared by the developer and submitted to the development plan review board for review and approval. The fencing plan shall clearly indicate the location, height, type of materials and color selections to be utilized for fencing or walls. Areas prohibited from fencing shall be indicated by the concept fencing plan, as well as fences and/or walls which incorporate a community identification sign pursuant to the provisions of this specific plan. In the estate area, the fencing plan shall include all lots which are classified as "custom" or "estate." In addition to the provisions of the fencing plan, the following standards shall apply:
1. 
Fences and walls within the designated front setback areas may not exceed forty-two inches in height.
2. 
The maximum height for any fence or similar structure shall be forty-two inches within the triangular area formed by drawing a straight line between the two points located on, and twenty-five feet distance from, any intersection of two streets.
3. 
The maximum height for any residential fence or wall shall be six feet as measured from the grade at the highest side. Exact location and style fencing shall be as provided under the community fencing plan.
4. 
Retaining walls may be permitted as approved by the development plan review board.
F. 
Patio and Deck Areas. In addition to the provisions of Chapter 18.12, the following standards shall apply regarding second-story decks in the cluster area:
1. 
Cluster Area—Single-Family Attached. The minimum side setbacks for second-story decks shall be three feet for the supporting structures and thirty inches for the overhang on the side with the lot line wall, and five feet on the other side. The minimum rear setback shall be ten feet.
2. 
Cluster Area—Single-Family Detached (Courte Area). The minimum side setbacks for second-story decks shall be five feet on each side. The minimum rear setback shall be ten feet.
(Ord. 1016 § 1, 1994)
Appeals of decisions and determinations by the director of community development, development plan review board and planning commission may be filed by any aggrieved party pursuant to the provisions of Chapter 18.212 of this title.
EXHIBIT A LAND USES WITHIN SPECIFIC PLAN NO. 5
 Title 18--Image-30.tif
EXHIBIT B ESTATE AREA MAXIMUM SQUARE FOOTAGE OF RESIDENTIAL UNITS
 Title 18--Image-31.tif
(Ord. 1016 § 1, 1994)