Laguna Niguel City Council
June 16, 2026

(4) The likelihood of trespass on pr ivate property and reasonable means of avoiding such trespass. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-288 Lakes and reservoirs.
(A) Any proposed subdivision fr onting upon any lake or reservoir which is owned in part or entirely by a public agency shall be designed so as to provide reasonable public access by fee or easement from a public highway to the water of the lake or reservoir upon which the subdivision borders, either within the subdivision or a reasonable distance from the subdivision.
(B) The governmental entity to which the access route will be offered for dedication shall be indicated on the map.
(C) In determining what is reason able public access, the following factors shall be considered:
(1) That access may be by highway, foot trail, bike trail, horse trail or any other means of travel; (2) The size of the subdivision;
(3) The type of shoreline and the various appropri ate recreational, educational and scientific uses, including but not limited to swimming, diving, boating, fishing, waterskiing, scientific exploration and teaching;
(4) The likelihood of trespass on pr ivate property and reasonable means of avoiding such trespass. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-289 Fire protection.
(A) Any subdivision proposed to be located in an area shown in the safety element to be a high or extreme fire hazard area shall provide appropriate fire protection by means of firebreaks, fuel modification programs, access roads, sufficient water supply, landscaping and open spaces, and such other methods that the fire chief has determined will ensure the public health, safety and welfare of the future occupants of the subdivision and the adjacent area.
(B) The design of any required fuel modification program shall include landscape architectural planning encompassing visual quality standards, watershed impact and erosion control, and wildlife impact and other design features described in the fire hazard reduction design criteria. The program shall include provisions for landscape architectural construction observation, inspection and maintenance. (C) The cost of the design and implementation of any fuel modification program shall be the responsibility of the subdivider.
(D) A method or procedure for ensuring continued maintenance of any required fuel modification program shall be provided by the subdivider and approved by the fire chief and the director of community development. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-290 Dangerous conditions to be removed or controlled. (A) Areas proposed to be subdivided which are known to be dangerous by reason of geological conditions, unstable subsurface conditions, groundwater or seepage conditions, flood hazard, inundation or erosion by the ocean or any other dangerous conditions shall be approved for subdivision only when the subdivision committee finds that such conditions or hazards are to be removed or that appropriate measures or controls

will be applied which will ensure adequate protection to the subject property and to surrounding uses and improvements.
(B) Areas proposed for subdivision in FP-1, FP-2 and FP-3 d istricts, as defined in § 9-1-113 pertaining to the FP floodplain district regulations, shall provide for flood protection meeting the criteria set forth in the regulations for all building sites. Flood elevation data adequate for such determination shall be provided for all subdivision proposals adjacent to or encroaching into FP districts as provided in § 9-1-113. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-291 Deviations from standards of design.
(A) The planning commission may approv e tentative maps which deviate from the standards of design contained in the following sections:
(1) 9-1-267 Lots and parcels;
(2) 9-1-268 Arterial highways;
(3) 9-1-270 Restricted access to highways;
(4) 9-1-271 Street widths;
(5) 9-1-272 Dead-end or cul-de-sac streets;
(6) 9-1-273 Local street, highway and driveway grades;
(7) 9-1-274 Curved local stre et and highway radii;
(8) 9-1-276 Local street and highway corner cutoffs and corner radii; (9) 9-1-277 Sidewalks and pedestrian ways;
(10) 9-1-278 Bicycle and equestrian trails;
(11) 9-1-279 Street lighting;
(12) 9-1-280 Undergroun d utility lines;
(13) 9-1-283 Manmade slopes;
(14) 9-1-285 Landscaping and screening; and
(15) 9-1-289 Fire protection.
(B) The deviations from the standards of design contained in the sections listed in division (A) above shall be identified by a note on the face of the tentative map, and the subdivider shall submit evidence of justification for each deviation.
(C) Special circumstances which may be cited to justify a deviation from the standards of design listed in division (A) above include but are not limited to the character of the community, alternative means of pedestrian circulation, environmental considerations, physical constraints, existing nearby uses and a limited amount of ultimate traffic.
(D) The planning commission shall take sp ecific action on each requested deviation. Deviations not specifically approved shall be considered to be disapproved.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 16, passed 11-5-91)

§ 9-1-292 Areas in floodplains.

Areas proposed for subdivision in floodplains, as defined by § 9-1-27421, shall comply with the following. (A) All subdivision proposals shal l be consistent with the need to minimize flood damage. (B) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (C) All subdivision proposals shall have adequate draina ge provided to reduce exposure to flood damage. (D) Base flood elevation data shall be provided for subdivision proposals and other proposed development. (Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-293, 9-1-294 Reserved.

ARTICLE 7. DEDICATION
§ 9-1-295 Required dedication for public use or benefit.

The planning commission may require the dedication to the public, to the city, or to such other public agency as may be appropriate, of all real property or interest therein, both on and off site, required for public use or benefit, including but not limited to the following:
(A) Local streets, arterial highwa ys and transportation corridors; (B) Alleys;
(C) Trails, paths and pedestrian ways;
(D) Flood control facilities;
(E) Parks;
(F) Easements for landscaping maintenance;
(G) Public utility easements;
(H) Public transit facilities;
(I) Other public easements; and
(J0) Accessways to the shoreline or to lakes and reservoi rs as provided in §§ 9-1-286, 9-1-287 and 9-1-288. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 17, passed 11-5-91) § 9-1-296 Transfer of ownership required for private use or benefit.

The planning commission may require that the items listed in § 9-1-295 be deeded for private use or benefit to a homeowners' association or other responsible body. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 18, passed 11-5-91)

§ 9-1-297 Vehicular access rights and abutters' rights to arterial highways and local streets.

Whenever specified by the planning commission, offers of dedication of arterial highways or transportation corridors shall include the release and relinquishment of vehicular access rights to and from such facilities from any property shown within a final tract or parcel map abutting thereon. When the local agency finds that there is a particular circulation problem on a local street, release and relinquishment of access rights to and from the local street may be required.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 19, passed 11-5-91) § 9-1-298 Elementary school sites.

The subdivider submitting a tentative tract map may be required to dedicate land for the elementary school facilities necessary to assure the residents of the subdivision adequate public school service in accordance with the requirements and procedures set forth in the Subdivision Map Act. Whenever the planning commission imposes such a dedication requirement, it may concurrently approve an alternate tentative map, to be effective if the school district affected does not enter into a binding commitment within 30 days to accept the dedication. A dedication pursuant to this section shall only be required at the request of a school district made within 20 working days of the notice given pursuant to § 9-1-248. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 20, passed 11-5-91) § 9-1-299 Method of dedication.

Dedications and offers of dedication shall be made by a certificate on the final tract or parcel map. Separate instruments may be used with the approval of the director of community development, when permitted by law and when the subdivider intends to dedicate or offer for dedication real property prior to the approval of a final tract or parcel map.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-300 Exceptions.

Dedications required by § 9-1-295 shall not be required for any remainder parcel which is sufficient as to size and shape to be further divided in compliance with applicable zoning regulations, provided the planning commission determines that such dedications and improvements are not necessary immediately for public use or benefit and that the property owner will not be excused from a requirement to dedicate and install necessary improvements at a later time.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 21, passed 11-5-91) § 9-1-301. Reserved.

ARTICLE 8. IMPROVEMENTS, MONUMENTATION AND SECURITY
§ 9-1-302 Required improvements.
(A) The subdivider shall grade and improve or agree to grade and improve all land shown on the final tract or parcel map for those dedications listed in § 9-1-295 in compliance with the requirements of the approved

tentative map, in such a manner and with such improvements as are necessary for the general use of the lot or parcel owners in the subdivision and local traffic and drainage needs, as a condition precedent to the approval and acceptance of the final tract or parcel map. All elevations shall be based on the current county surveyor vertical datum. The grading plans and improvement plans shall make reference to the benchmark and elevation used for the design and engineering.
(B) The subdivider may be required to improve or agr ee to improve those dedications which are necessary or convenient to ensure conformity to or implementation of the city's general plan. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-303 Subdivisions of four or less parcels.
(A) (1) Required improvements for subdivisions of four or le ss parcels shall be noticed by a certificate on the final parcel map or the instrument evidencing waiver of the parcel map. (2) Except as otherwise specified in division (C) below, the certificate shall include a requirement for fulfillment of such improvements prior to issuance of any building permit or other grant of approval for development of the parcel, or for installation of the improvements at such earlier time as provided in the agreement.
(b) (1) The agreement required by § 9-1-306 shall be entere d into prior to the county surveyor's approval of the parcel map for recordation, or prior to granting a waiver of the parcel map. (2) Except as otherwise specified in division (C) below, the agreement shall provide for installation of the improvements prior to the granting of any building permit or other grant of approval for development of the parcel, or for the installation of the improvements at such earlier time as provided in the agreement. (C) The requirements for installation of the improvements prior to issuance of building permits may be omitted from a parcel map when such a requirement is not a condition of approval of the parcel map or waiver of parcel map.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-304 Standards for improvements.

Improvements shall be designed and constructed in accordance with the standards of design contained in subchapter 3, article 6, the standard plans, and any other applicable standards adopted by the city council. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-305 Improvement plans.

All improvement plans of improvements to be installed within or supplemental to the final tract or parcel map must be approved by the appropriate agency prior to approval of the final tract or parcel map. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-306 Agreements in lieu of improvements.

If any improvements are not completed satisfactorily or any monuments not set before the final tract or parcel map is approved, the subdivider shall enter into an agreement with the city council whereby, in consideration of the approval by the city of the final tract or parcel map, the subdivider agrees to perform and to

furnish the equipment and material necessary to complete the required work within the time specified in the agreement. Such agreement shall be accompanied by security as provided in § 9-1-308, pertaining to improvement security, and § 9-1-310, pertaining to monumentation.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-307 Plan checking, engineering and inspection fees.

Subdividers submitting detailed plans and specifications for approval required by § 9-1-305 shall pay plan checking, engineering and inspection fees as established by resolution of the city council, including the following:
(A) An engineering fee, to be paid prior to approval by the city engineer; and (B) An inspection fee, to be paid prior to starting construction of bonded improvements at then-applicable rates.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-308 Improvement security.
(A) Security in the form specified by the Subdivision Map Act shall be furnished with every improvement agreement.
(B) The amount of the security shall be as follows:
(1) If bonds are furnished by one of the authorized corporate sureties:
(a) A performance bond in the amount of 100% of the estimated cost of the improvement; and (b) A payment bond in the amount of 100% of the estimated cost of the improvement. (2) If money, instrument of credit or negotiable bo nds are furnished, 100% of the estimated cost of the improvement. The money, instrument of credit or negotiable bonds shall apply to both faithful performance and payment to the contractor, subcontractors, laborers, materialmen workers and other persons employed in the performance of the agreement.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-309 Release of security.

The director of community development is authorized to release security in accordance with the provisions of the Subdivision Map Act.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-310 Monumentation.
(A) Monuments shall be set for each tract and parcel ma p in accordance with the provisions of the Subdivision Map Act and in accordance with the rules and procedures approved by the city engineer. (B) The agreement referred to in § 9-1-306 shall be accomp anied by security in a sum not less than the cost of setting such monuments.
(Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-311 Extension of time.

The director of community development is authorized to grant an extension of time to the agreement as specified in § 9-1-306, if in his opinion a delay in the completion of the improvements is justified and the delay will not cause substantial inconvenience to the general public. (Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-312, 9-1-313 Reserved.

ARTICLE 9. FEES IN LIEU OF DEDICATION OR IMPROVEMENT
§ 9-1-314 Local park fees.

Local park fees shall be paid as required by the local park code. (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-315 Drainage fees.
(A) The city council may, from time to time, after a pub lic hearing and written notice to the owners of property therein, adopt master plans of drainage for various areas of the city. Such plans shall contain an estimate of the total costs of constructing the local drainage facilities required by the plan, and a map of the area showing its boundaries and the location of the planned facilities. (B) Upon filing of a final tract or parcel map and as a co ndition of approval of the final tract or parcel map, a drainage fee shall be paid to the city council for deposit in a local drainage facilities fund in the amount set forth in the legislative action adopting and establishing a master plan of drainage, if any, within which any portions of the subdivision may lie. Such charges and fees collected as a condition of subdivision approval shall be referred to in this article as drainage fees. If local drainage facilities are being constructed by the subdivider in conjunction with the subdivider's improvements, an agreement to construct the local drainage facilities may be accepted in lieu of part or all payment of drainage fees. (C) The funds derived from the drainage fees shall be us ed for purposes of defraying the cost of designing and constructing planned local drainage facilities for the removal of surface water and stormwater from the local drainage area described in such master plan of drainage. (D) The city council, in adopting a master plan of drainage, shall find and determine that the subdivision and development of property will require construction of the facilities described in the master plan and that the drainage fees are fairly apportioned within the local drainage area, both on the basis of benefits conferred on property proposed for subdivision and on the need for local drainage facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis. (E) The fee as to any property proposed for subdivision with in an area covered by a master plan of drainage shall not exceed the pro rata share of the amount of the total estimated cost of all facilities within such area which would be assessable on such property if such costs were apportioned uniformly on a per-acre basis. (F) Drainage fees required by this section shall be paid in to a local drainage facilities fund. A separate fund shall be established within each local drainage area. Moneys in such funds shall be expended for engineering and administrative services to obtain design of local drainage facilities by a duly registered civil engineer of those

local drainage facilities within the planned local drainage area from which the fees comprising the fund were collected.
(G) At the discretion of the city council, rights-of-wa y dedication, actual construction and design by a duly registered civil engineer, and payment of plan check, engineering and inspection fees for the improvement of local drainage facilities described in a duly adopted master plan of drainage may be accepted in lieu of the payment of drainage fees.
(H) Moneys may be advanced by the city from its general fund or other sources to pay the cost of local drainage facilities within a local drainage area having a duly adopted master plan of drainage, and subsequently such moneys advanced may be reimbursed from the local drainage facilities fund for the local drainage area in which the drainage facilities described in the master plan were constructed. (I) When required for the implementation of a duly adopte d master plan of drainage so as to provide adequate drainage for a subdivision, an agreement may be entered into between the subdivider and city whereby the subdivider may advance funds for local drainage facilities within a local drainage area, provided that the sole security for payment of funds or other consideration advanced shall be moneys subsequently accruing to a local drainage facilities fund for the local drainage area in which the facilities are constructed.

Reimbursement shall be for the amount advanced only and shall not include interest or other charges. (J) After completion of the facilities and the payment of all claims from any planned local drainage facilities fund, the city council shall determine by resolution the amount of surplus, if any, remaining in any of such funds. Any such surplus shall be used, in such amounts as the city council may determine, for one or more of the following purposes:
(1) For transfer to the general fund of the city, provided that the amount of such transfer shall not exceed 5% of the total amount expended from the particular fund; (2) For the construction of additional or modified facilities within the particular drainage or sanitary sewer area; or
(3) As a refund in the manner pr ovided in division (K) below. (K) Any surplus remaining in a pla nned local drainage facilities fund shall be refunded as follows. (1) There shall be refunded to the current owners of property for which a fee was previously collected the balance of such moneys in the same proportion which each individual fee collected bears to the total of all individual fees collected from the particular drainage or sewer area. (2) Where property for which a fee was previously collected has subsequently been subdivided into more than one lot, each current owner of a lot shall share in the refund payable to the owners of the property for which a fee was previously collected in the same proportion which the area of each individual lot bears to the total area of the property for which a fee was previously collected. (3) There shall be transferred to the general fund of the city any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date either of the completion of the improvements or the adoption by the city council of a resolution declaring a surplus, whichever occurs later.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-316 Major thoroughfare and bridge fee.
(A) A subdivider, as a condition of approval of a final parc el map, or a building permit applicant, as a condition of issuance of a building permit, shall pay a fee as established in this section to defray the cost of constructing bridges over waterways, railways, freeways and canyons or constructing major thoroughfares.

(B) For the purpose of this section, th e following definitions shall apply unless the context clearly indicates or requires a different meaning.

Area of benefit. A specified area wherein it has been determined that the real property located therein will benefit from the construction of a major thoroughfare or bridge project.

Bridge facilities. Those locations identified in the transportation or flood control provisions of the circulation element or other element of the city's general plan as requiring a bridge to span a waterway, a railway, freeway or canyon. Should the city not have a general plan in effect, then, until such time as such a general plan is adopted, the term "bridge facilities" shall mean those locations identified in the transportation or flood control provisions of the circulation element or other element of the general plan of the county as that plan existed on December 1, 1989.

Construction. has the same meaning as the definition of that term in California government code § 66484.3.

Major thoroughfare means those roads designated as transportation corridors and major, primary, secondary or commuter highways on the master plan of arterial highways in the circulation element of the city's general plan. Should the city not have a general plan in effect, then, until such time as such a general plan is adopted, the term "major thoroughfare" shall mean those roads designated as transportation corridors and major, primary, secondary or commuter highways on the master plan of arterial highways in the circulation element of the general plan of the county as that plan existed on December 1, 1989. The primary purpose of such roads is to carry through traffic and provide a network connecting to and including the state highway system.

(C) The provisions in this section for payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan adopted by the city council at least 30 days prior to the filing of the map or application for a building permit and on land located within the boundaries of the area of benefit. Should the city not have a general plan in effect, then, until such time as such a general plan is adopted, the provisions in this section for the payment of a fee shall apply only if the major thoroughfare or bridge facility has been included in an element of the general plan of the county as that plan existed on December 1, 1989.
(D) Payment of fees shall not be required unless any majo r thoroughfares are in addition to, or a widening or reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit.
(E) Payment of fees shall not be required unless a planned br idge facility is an original bridge serving the area or in addition to an existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit.
(F) Action to establish an area of benefit may be initiated by the city council upon its own motion or upon the recommendation of the director of public works. The city council will set a public hearing for each proposed area of benefit. Notice of the time and place of the hearing, including preliminary information related to the boundaries of the area of benefit, estimated costs and the method of fee apportionment, shall be given as specified in California government code § 66484.3.
(G) Public hearing and protests.
(1) At the public hearing, the city council will consider the testimony, written protest and other evidence.

At the conclusion of the public hearing, the city council may, unless a majority written protest is filed and not withdrawn as specified in division (G)(3) below, establish an area of benefit. If established, the city council shall adopt a resolution describing the boundaries of the area of benefit, setting forth the costs, whether actual or estimated, and the method of the apportionment. A certified copy of such resolution shall be recorded with the county recorder.

(2) Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. Where the area of benefit includes lands not subject to the payment of fees pursuant to this section, the city council shall make provisions for payment of the share of improvement costs apportioned to such lands from other sources. (3) Written protests shall be received by the city clerk any time prior to the close of the public hearing. If written protests are filed by the owners of more than one-half of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented by the protest to less than one-half of the area to be benefitted, then the proposed proceeding shall be abandoned and the city council shall not, for one year from the filing of such written protests, commence or carry on any proceedings for the same improvement under the provisions of this section, unless the protests are overruled by an affirmative vote of four-fifths of the city council. Any protests may be withdrawn by the owner making the protest, in writing, at any time prior to the close of the public hearing.
(4) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of this section to construct that portion of the improvement so protested against shall be barred for a period of one year, but the city council shall not be barred from commencing new proceedings not including any part of the improvement so protested against. Such proceedings shall be commenced by a new notice and public hearing as set forth in subsection (f) of this section.
(5) Nothing in this section shall pr ohibit the city council, within such one-year period, from commencing and carrying on new proceedings for the construction of an improvement or a portion of the improvement so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of more than one-half of the area of the property to be benefitted are in favor of going forward with such improvement or portion thereof.
(H) Fees paid pursuant to this section shall be deposited in a planned bridge facility or major thoroughfare fund.

A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the area of benefit is one in which more than one bridge or major thoroughfare is required to be constructed, a separate fund may be established covering all of the bridge projects or major thoroughfares in the area of benefit. If the area of benefit encompasses one or more bridges and one or more thoroughfares and all lands within the area of benefit are subject to the same proportionate fee for all bridges and thoroughfares, a single fund may be established to account for fees paid. Monies in such funds shall be expended solely for the construction or reimbursement for construction of improvements serving the area to be benefitted and from which the fees comprising the fund were collected, or to reimburse the city for the cost of constructing the improvement.
(I) The city council may approve the a cceptance of consideration in lieu of the payment of fees established in this section.
(J) The city council may approve the advancement of money from the general fund or road fund to pay the cost of constructing the improvements covered in this section, and may reimburse the general fund or road fund for such advances from planned bridge facility or major thoroughfare funds established pursuant to this section.
(K) If the subdivider, as a condition of the approval of the subdivision, or the building permit applicant, as a condition of the issuance of the building permit, is required or desires to construct a bridge or major thoroughfare, the city council may enter into a reimbursement agreement with the subdivider or building permit applicant. Such agreement may provide for payments to the subdivider or applicant from the bridge facility or major thoroughfare fund covering that specific project to reimburse the subdivider or applicant for costs not allocated to the subdivider's or applicant's property in the resolution establishing the area of

benefit. If the bridge or major thoroughfare fund covers more than one project, reimbursement shall be made on a pro rata basis reflecting the actual or estimated costs of the projects covered by the fund. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-12, § 1, passed 2-20-90) §§ 9-1-317—9-1-319 Reserved.

ARTICLE 10. TAXES AND ASSESSMENTS
§ 9-1-320 Certificate from county tax collector.
(A) Prior to the filing of a final tract map with the city council, the subdivider shall file with the city clerk a certificate from the county tax collector stating that, according to the records of such office, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected as taxes, except taxes or special assessments collected as taxes not yet payable.
(B) As to taxes or special assessments collected as taxes which are a lien but not yet payable, the subdivider shall file with the clerk a certificate by the county tax collector giving his estimate of the amount of taxes and special assessments collected as taxes which are a lien but not yet payable. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-321 Security for payment.

Whenever any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall not be recorded until the owner or subdivider executes and files with the city clerk security conditioned upon the payment of all state, county, municipal and local taxes and the current installment of principal and interest of all special assessments collected as taxes, which at the time the final map is recorded are a lien against the property, but which are not yet payable. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-322 Apportionment.

The apportionment of security and delinquencies shall be handled in accordance with the provisions of the Subdivision Map Act.
(Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-323, 9-1-324 Reserved.

ARTICLE 11. REQUIREMENTS AND PROCEDURES FOR PARCEL MAPS § 9-1-325 Content and form.

The content and form of parcel maps shall be governed by the provisions of the Subdivision Map Act and the subdivision manual. The subdivision committee may require additional information to be filed or recorded

simultaneously with the map. The additional information shall be in the form of an additional map sheet, which shall indicate its relationship to the map and contain a statement that the additional information is for informational purposes. Such additional information may include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites and possible boundary or title conflicts.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-326 Final parcel map required.
(A) When a subdivision is proposed to be created through the tentative parcel map process, a final parcel map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such parcel map has been filed for record unless a waiver has been approved. (B) A final parcel map, within commercial or industrial zo ned areas, identifying lease lines for tax purposes, may be filed for record with the county recorder without being required to comply with the tentative parcel map requirements of this article. Each parcel on such map shall be identified by letter and shall not be considered to be a separate building site. No transfers of fee title may be made in connection with such map.

Identification shall be shown on the face of such map as to its purpose that it does not create building sites and that it does not permit transfer of fee title interest. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-327 Signatures required.
(A) (1) When dedications or offers of dedications are made on the final parcel map, all parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the final parcel map by signing the required certificate. Such signatures shall be properly acknowledged. (2) The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:
(a) The subdivision committee determines that division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;
(b) The map contains a statement that the subdiv ision committee has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement; and (c) The public entity or utility ha s been given the opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act. (B) When dedications or offers of dedications are not be ing made, no owners' or subdividers' signature shall be required on the parcel map.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-328 Method of approval.
(A) Final parcel map. The final parcel map shall be submitted to the city engineer, who shall examine the map within 20 days of receipt thereof. If the city engineer is satisfied that the map is technically correct and conforms with the approved tentative parcel map and any conditions imposed thereon, he shall execute the

certificate required by the Subdivision Map Act. Such certification by the city engineer shall constitute approval of the final parcel map.
(B) Agreements and security. Whenever, as a condition of an approved tentative parcel map, agreements or security are required for installation of certain improvements, the agreements and security shall be approved by the city council prior to recordation of the final parcel map. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-329 Filing with county recorder.

The city engineer shall transmit the approved final parcel map to the county recorder for recordation, unless the surveyor, engineer or subdivider requests an alternate time schedule for recordation. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-330 Reserved.

ARTICLE 12. REQUIREMENTS AND PROCEDURES FOR FINAL MAPS
§ 9-1-331 Content and form.

The content and form of final tract maps shall be governed by the provisions of the Subdivision Map Act and the subdivision manual. The subdivision committee may require additional information to be filed or recorded simultaneously with the map. The additional information shall be in the form of an additional map sheet, which shall indicate its relationship to the map and contain a statement that the additional information is for informational purposes. Such additional information may include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, archaeological sites and possible boundary or title conflicts.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-332 Final tract map required.

When a subdivision is proposed to be created through the tentative tract map process, a final tract map shall be filed for record with the county recorder. No proposed subdivision shall be complete until such tract map has been filed for record.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-333 Signatures required.
(A) All parties having any record title interest in the real property being subdivided shall consent to the preparation and recordation of the tract map by signing the required certificate. Such signatures shall be properly acknowledged.
(B) The certificate need not be signed by public entities and public utilities which own rights-of-way, easements or other interests which cannot ripen into a fee, provided that:

(1) Division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of the public entity or public utility right-of-way or easement;
(2) The map contains a statement that the subdivision committee has determined that the division and development of the property in the manner set forth on the map will not unreasonably interfere with the free and complete exercise of public entity or public utility right-of-way or easement; and (3) The public entity or utility ha s been given an opportunity to object to such a determination in accordance with the provisions of the Subdivision Map Act. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-334 Method of approval.
(A) Final tract maps, together with any required improv ement agreements and security, shall be submitted to the director of community development for review and preliminary determination as to:
(1) Compliance with any conditions imposed on the approval of the tentative map; and (2) Substantial conformance with the approved tentative map and any approved alterations thereof. (B) If the director determines that the subdivision is not in compliance or substantial conformance, the director shall, within ten days of the date the final map was submitted, advise the subdivider in writing of his preliminary determination. The subdivider may appeal the director's determination to the subdivision committee, or directly to the city council if the map was originally approved on appeal to the city council.

Any such appeal shall be heard within 15 days of the filing of such a request with the director. Upon hearing any such appeal, the subdivision committee or the city council shall make an advisory ruling to the city engineer. The final determination as to whether the final tract map is in compliance and substantial conformance shall be made by the city engineer.
(C) Within 20 days, or more if requested by the subdivider, after the director notifies the city engineer that all conditions precedent to the approval of the tract map have been satisfied and any required improvement agreements and security are in order, the surveyor shall examine the map and, if appropriate, shall execute the certificate required by the Subdivision Map Act.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-335 Filing with the city council.

After the city engineer executes his certificate, he shall transmit the tract map to the city clerk. The clerk shall present the map and any required agreements, securities and approvals to the city council for its approval and execution of the certificate by the clerk.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-336 Filing with county recorder.

The city engineer shall transmit the approved final tract map to the county recorder for recordation, unless the surveyor, engineer or subdivider requests an alternate time schedule for recordation. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-337 Reserved.

TITLE 9 - PLANNING AND ZONING
Division 1 - PLANNING
ARTICLE 3. - SUBDIVISION CODE
SUBARTICLE 13. WAIVERS AND EXCEPTIONS

ARTICLE 13. WAIVERS AND EXCEPTIONS
§ 9-1-338 Waivers and exceptions permitted.

When requested by the subdivider or by a governmental agency, waivers from the requirement for recording a parcel map and exceptions to the tentative map process may be approved by the subdivision committee in compliance with the provisions of this article. When any such waiver request is approved, a certificate of compliance may be recorded in lieu of a parcel map. The requirement for recording a parcel map shall not be waived when the city engineer finds that a survey or monumentation is necessary. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-339 Types of subdivisions eligible.

Only the following types of subdivisions are eligible to receive a waiver from the requirement for recording a parcel map:
(A) Subdivisions containing four or less parcels each of which is a minimum of five acres in area and is proposed for further subdivision.;
(B) Subdivisions wherein each parcel will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 40 feet to a maintained public street or highway having a right-of-way width of not less than 40 feet; and
(C) Subdivisions wherein each pa rcel will have a gross area of not less than 40 acres. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-340 Waiver procedure.

A waiver from the requirement for recording a parcel map may be approved in compliance with the following procedure:
(A) A tentative map, accurately describing the existing legally created parcel and each proposed parcel, shall be submitted. Such tentative map shall be processed in compliance with the tentative map procedure, except that it need not be prepared by a licensed land surveyor or civil engineer and need include only such information that the director of community development and the subdivision committee find to be necessary in order to make the required determinations. (B) A waiver request shall accompan y the tentative map. The exception to the tentative map requirements specified in division (A) above is permitted only when a tentative map proposes one of the subdivisions specified by § 9-1-339 and when such map is accompanied by a waiver request. (C) Prior to any action by the subdivision committee to approve a waiver, the director shall examine the map and shall identify each proposed parcel as a building site or a nonbuilding site. (D) Prior to any action to approve a waiver, the subdivision committee shall find that the subdivision:

(1) Will comply with city require ments as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection;
(2) Will satisfy any other requirements pertaining to the subdivision of land as specified in the Subdivision Map Act, this subchapter and any other applicable city ordinance; and (3) Will not create any unnecessary conditions or sit uations that will be incompatible with existing and possible future uses of adjacent properties.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-341 Waiver does not establish parcels.

The approval of a waiver of the requirement to record a parcel map does not create a subdivision or satisfy the requirements applicable to the division of a parcel of land. Any parcels shown on a tentative map for which a parcel map has been waived shall not be considered to be legally established until a certificate of compliance for such parcels has been filed in the office of the county recorder. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-342 Time limit for recording of certificate of compliance.

A waiver of the requirement to record a parcel map is valid only for such time as the subject tentative map is valid, and a waiver approval shall expire concurrently with the expiration of the tentative map approval. After a waiver has been approved and within the period of validity of a tentative map, and when the director of community development has determined that all conditions and requirements of the tentative map have been satisfied, he shall cause a certificate of compliance to be recorded in compliance with the provisions of subchapter 3, article 15. If any required conditions have not been satisfied, a conditional certificate of compliance may be recorded within the specified time period. Such conditional certificate of compliance shall contain a notice of the conditions that are required to be satisfied prior to the recordation of a certificate of compliance. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-343 Waiver for new condominium project.

The requirements of this subchapter are automatically waived when a new condominium project is created or established on an existing building site. This waiver is not applicable to an existing development project which is converted to a condominium project.
(Ord. 90-11, § 13, passed 3-6-90)
ARTICLE 14. REVERSIONS TO ACREAGE
§ 9-1-344 Reversion authorized.

Subdivided real property may be reverted to acreage pursuant to the provisions of the Subdivision Map Act, this article and the subdivision manual.
(Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-345 Content and form of petitions.

Petitions for reversion to acreage shall conform with such requirements as to form and content as may be specified in the subdivision manual, and shall include a final tract map. If the land to be reverted consists of four or less contiguous parcels under the same ownership, a parcel map may be submitted in lieu of the tract map. No reversion shall be complete until such map has been filed for record with the county recorder. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-346 Subdivision committee review.

Petitions for reversion to acreage shall be reviewed by the subdivision committee. It shall make recommendations thereon to the director of community development within 30 days of the date the petition was filed with the director. Thereafter, the director shall transmit the petition and the subdivision committee's recommendations through the planning commission to the city clerk, who shall set the matter for public hearing before the city council. The clerk shall publish a notice of the time and place of the hearing in accordance with the provisions of the Subdivision Map Act, and give written notice of the hearing to the petitioners. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-347 Hearing by city council.

At the conclusion of the public hearing on a petition for reversion to acreage, the city council may make such findings, including those set forth in the Subdivision Map Act, as the council deems appropriate. If the council intends to approve the reversion to acreage, it shall impose the conditions required by the Subdivision Map Act. If the proposed final or parcel map has been approved by the city engineer, the city council may approve the reversion and authorize transmitting the map to the county recorder for recordation. The council may disapprove the proposed reversion or may continue the matter until the final tract map or parcel map has been approved by the city engineer. Thereafter, the council may approve the reversion and authorize transmitting the map to the county recorder for recordation. The city engineer shall then transmit the approved final tract or parcel map to the county recorder for recordation, unless the surveyor, engineer or subdivider requests an alternate time schedule for recordation.
(Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-348—9-1-350 Reserved.

ARTICLE 15. CERTIFICATE OF COMPLIANCE
§ 9-1-351 Approval.

Certificates of compliance shall be approved by the director of community development, whereas conditional certificates of compliance shall be approved by the subdivision committee. (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-352 Procedure.

Requests for a certificate of compliance shall be processed and reviewed in compliance with the provisions and procedures set forth in the subdivision manual. No certificate of compliance or conditional certificate of compliance shall be valid until it has been recorded in the office of the county recorder. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-353 Appeal to city council.
(A) Any interested person may appeal to the city co uncil from any action of the director of community development on a certificate of compliance by filing a notice of appeal with the city clerk within 15 days of the action.
(B) The notice of appeal shall identify the action bein g appealed, specify why the appellant is dissatisfied with the action, and recommend an alternative action.
(C) The clerk shall set the matter for hearing before the ci ty council within 30 days of the date of filing the appeal. The director, the applicant, and the appellant if other than the applicant, shall be given at least ten days' notice of the council's hearing.
(D) The city council may affirm, reverse or modify an y recommendations or rulings of the director, and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the council need not limit its review to those specific conditions, but may review the whole action taken by the director. The council shall render its decision on the appeal within seven days of the conclusion of its hearing.
(E) An appeal, once filed, may be withdrawn only with the consent of the city council. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-354 Reserved.

ARTICLE 16. LOT LINE ADJUSTMENTS
§ 9-1-355 Criteria for eligibility.

Persons owning two or more adjacent parcels who propose to adjust the boundaries of the parcels in a manner so that the land taken from one parcel is added to an adjacent parcel and a greater number of parcels than originally existed is not thereby created may apply for a lot line adjustment. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-356 Application, review, appeal and recordation.
(A) Applications for a lot line adjust ment and the review and recordation thereof shall conform with such requirements as to form, contents and process as may be specified by the director of community development in the subdivision manual.
(B) Applications for lot line adjustme nts shall be reviewed by the subdivision committee, which shall approve, conditionally approve or disapprove the proposed lot line adjustment in writing (certificate of approval of lot

line adjustment). The director of community development may determine on a case-by-case basis that the public interest would be better served by a public hearing in front of the planning commission. In such case, the lot line adjustment shall be processed per § 9-1-253, pertaining to public hearings. (C) Any person adversely affected by the decision of the subdivision committee may appeal the decision to the planning commission by filing an appeal with the director of community development within ten calendar days of the decision. The director of community development shall bring the matter before the planning commission for hearing within 30 calendar days after the date of filing the appeal. The planning commission may affirm, conditionally affirm or reverse the decision of the subdivision committee. (D) Any person adversely affected by the decision of the planning commission may appeal the decision to the city council by filing an appeal with the director of community development within ten calendar days of the decision. The director of community development shall bring the matter before the city council for hearing within 30 calendar days after the date of filing the appeal. The city council may affirm, conditionally affirm or reverse the decision of the planning commission.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 22, passed 11-5-91) § 9-1-357 Reserved.

ARTICLE 17. NOTICES OF VIOLATION
§ 9-1-358 Tentative notices of violation.

Whenever the director of community development has information indicating that real property has been divided in violation of the Subdivision Map Act or this article, he shall file for record with the county recorder a tentative notice of violation describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence on the issue whether the property has been divided in violation of the Subdivision Map Act or this subchapter. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-359 Receipt of evidence.

Upon recordation of a tentative notice of violation pursuant to this article, the director of community development shall bring the matter before the planning commission, which shall schedule a meeting at which evidence as to why a final notice of violation should not be recorded may be presented. The owner of the land in question shall be given at least 30 days' written notice of the meeting, unless the owner requests an earlier determination.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 23, passed 11-5-91) § 9-1-360 Planning commission determination.
(A) If the planning commission determines that there has been no violation as described in this article, the director of community development shall file for record a release of the tentative notice of violation with the county recorder.
(B) If the planning commission determines that there has been a violation, or if within 60 days of receipt of such copy the owner of such real property fails to inform the director of his objection to recording the notice of violation, the director shall file a final notice of violation with the county recorder.

(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 24, passed 11-5-91) § 9-1-361 Release by certificate of compliance.

A notice of violation may be released by a certificate of compliance pursuant to subchapter 3, article 15. (Ord. 90-11, § 13, passed 3-6-90)
ARTICLE 18. MODIFICATIONS TO RECORDED MAPS
§ 9-1-362 Modifications authorized.

In addition to the amendments authorized by § 66469 of the California Subdivision Map Act, being California Government Code § 66469, and as authorized by § 66472.1 of the Subdivision Map Act, being California Government Code § 66472.1, after a final tract map or final parcel map is filed in the office of the county recorder, such map may be modified by a certificate of correction or an amending map. Said modification shall meet all of the requirements of this article.
(Ord. 98-104, § 2, passed 10-20-98)
§ 9-1-363 Mandatory findings.
(A) The subdivision committee shall review the proposed modifications and shall make a recommendation to the city council.
(B) The following mandatory findings must be made in order to approve a modified final map:
(1) The proposed modification(s) is (are) in substa ntial compliance with the final map for which the modifications are proposed;
(2) There are changes in circumstances which make an y or all of the conditions of such map no longer appropriate or necessary;
(3) The modification(s) does (do) not impose any ad ditional burden on the present fee owner of the property;
(4) The modification(s) does (do) not alter any right, ti tle or interest in the real property reflected on the recorded map; and
(5) The map as modified conforms to the required findings of approval specified in § 66474 of the California Subdivision Map Act, being California Government Code § 66474. (Ord. 98-104, § 2, passed 10-20-98)
§ 9-1-364 Method of approval.
(A) After review and evaluation by the subdivision committee, the community development director shall forward the modified map along with a report stating that the mandatory findings can be met to the city engineer. The city engineer shall execute the amended map or a certificate of correction, which shall be forwarded along with the community development director's report to the city council.

(B) The city council shall conduct a public hearing in accordance with the provisions of § 9-1-150.3112.1 and California Government Code § 66451.3 and make the findings required under § 9-1-363. The public hearing shall be confined to consideration of and action on the proposed modification(s). (Ord. 98-104, § 2, passed 10-20-98)
§§ 9-1-365—9-1-400 Reserved.

SUBCHAPTER 4. FLOODPLAIN MANAGEMENT
§ 9-1-401 Statutory authorization.

The legislature of the state has in California government code §§ 65302, 65560, and 65800 conferred upon local government units authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the city council of the city does hereby adopt the following floodplain management regulations.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-402 Findings of fact.
(A) The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(B) These flood losses are caused by uses that are inad equately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contribute to the flood loss.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-403 Statement of purpose.

It is the purpose of this article to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(A) Protect human life and health;
(B) Minimize expenditure of public money for costly flood control projects; (C) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
(D) Minimize prolonged business interruptions;
(E) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; (F) Help maintain a stable tax base by providing fo r the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; (G) Ensure that potential buyers are notified that pr operty is in an area of special flood hazard; and

(H) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-404 Methods of reducing flood losses.

In order to accomplish its purposes, this article includes methods and provisions to:
(A) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; (B) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(C) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
(D) Control filling, grading, dred ging, and other development which may increase flood damage; and (E) Prevent or regulate the construction of flood ba rriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) §§ 9-1-405—9-1-420 Reserved.
§ 9-1-421 Definitions.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Accessory structure. A structure that is either:
(1) Solely for the parking of no more than two cars; or (2) A small, low cost shed for lim ited storage, less than 150 square feet and $1,500.00 in value.

Accessory use. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

Alluvial fan. A geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

Apex. The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Appeal. A request for a review of the floodplain administrator's interpretation of any provision of this article.

Area of shallow flooding. A designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of special flood-related erosion hazard. The land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the flood insurance rate map (FIRM).

Area of special flood hazard. See "special flood hazard area." Area of special mudslide (i.e., mudflow) hazard. The area subject to severe mudslides (i.e., mudflows). The area is designated as zone M on the flood insurance rate map (FIRM).

Base flood. A flood which has a 1% chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this subchapter.

Basement. Any area of the building having its floor subgrade i.e., below ground level on all sides.

Breakaway walls. Any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:
(1) Breakaway wall collapse shall result from a wate r load less than that which would occur during the base flood, and
(2) The elevated portion of the build ing shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood.

Building. see "structure."
City. The City of Laguna Niguel.

City council. The city council of the city.

Coastal high hazard area. An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a flood insurance rate map (FIRM) as zone V1-V30, VE, or V.

Development. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Existing manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

Expansion to an existing manufactured home park or subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Flood, flooding, or flood water.
(1) A general and temporary condition of partial or co mplete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows)—see "mudslides"; and (2) The condition resulting from flood-relat ed erosion see "flood-related erosion."

Flood boundary and floodway map (FBFM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

Flood hazard boundary map. The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards.

Flood insurance rate map (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood insurance study. The official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood.

Floodplain or flood-prone area. Any land area susceptible to being inundated by water from any source see "flooding."
Floodplain administrator. The individual appointed to administer and enforce the floodplain management regulations.

Floodplain management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

Floodplain management regulations. This subchapter and other zoning regulations, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Floodproofing. Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

Flood-related erosion. The collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.

Flood-related erosion area or Flood-related erosion prone area. A land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage.

Flood-related erosion area management. The operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Also referred to as "regulatory floodway."
Floodway fringe. The area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted.

Fraud and victimization. (as related to §§ 9-1-461 through 9-1-463) Variances, of this subchapter means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Functionally dependent use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

Governing body. The city council of the city, which is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

Hardship. (as related to §§ 9-1-461 through 9-1-463) Variances, of this subchapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Highest adjacent grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure. Any structure that is:
(1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(2) Certified or preliminarily determined by the Secretar y of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
(3) Individually listed on a state inventory of historic pl aces in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inve ntory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

Levee. A human-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee system. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Lowest floor. The lowest floor of the lowest enclosed area, including basement. (see "basement" definition.) (1) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

(a) The wet floodproofin g standard in § 9-1-4521 (C)(3); (b) The anchoring standards in § 9-1-451 (A);
(c) The construction materials and meth ods standards in § 9-1-451 (B); and (d) The standards for utilities in § 9-1-452.
(2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas.

Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities.

The term "manufactured home" does not include a "recreational vehicle." Manufactured home park or subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Mean sea level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced.

Mudslide (i.e., mudflow). Describes a condition where there is a river, flow or inundation of liquid mud down a hillside, usually as a result of a dual condition of loss of brush cover and the subsequent accumulation of water on the ground, preceded by a period of unusually heavy or sustained rain.

Mudslide (i.e., mudflow) prone area. An area with land surfaces and slopes of unconsolidated material where the history, geology, and climate indicate a potential for mudflow.

New construction. For floodplain management purposes, means structures for which the "start of construction" commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

New manufactured home park or subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community.

Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris by the flow of water, or its likelihood of being carried downstream.

One-hundred-year flood or 100-year flood. See "base flood." Primary frontal dune. A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively mild slope.

Public safety and nuisance. (as related to §§ 9-1-461 through 9-1-463) Variances, of this subchapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin.

Recreational vehicle. A vehicle which is:

(1) Built on a single chassis;
(2) 400 square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light-duty truck; and (4) Designed primarily not for use as a permanen t dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Regulatory floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

Remedy a violation. To bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the article or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

Sand dunes Naturally occurring accumulations of sand in ridges or mounds landward of the beach.

Sheet flow area. See "area of shallow flooding."
Special flood hazard area (SFHA). An area having special flood, mudslide (i.e., mudflow), or flood-related erosion hazards, and shown on an FHBM or FIRM as zone A, AO, A1-A30, AE, A99, AH, E, M, V1-V30, VE or V.

Start of construction. Includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Structure. A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Substantial damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial improvement. Any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure."

V zone. See "coastal high hazard area."
Variance. A grant of relief from the requirements of this subchapter which permits construction in a manner that would otherwise be prohibited by this article.

Violation. The failure of a structure or other development to be fully compliant with this article. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this article is presumed to be in violation until such time as that documentation is provided.

Water surface elevation. The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97; Ord. 2008-150, § 2, passed 1-15-08) § § 9-1-422—9-1-430 Reserved.

ARTICLE 1. GENERAL PROVISIONS
§ 9-1-431 Lands to which this article applies.

This subchapter shall apply to all areas of special flood hazards within the jurisdiction of the city. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-432 Basis for establishing the areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Orange County and incorporated areas Flood Insurance Study (FIS) dated November 3, 1993 March 21, 2019, and accompanying flood insurance rate maps (FIRMs) dated November 3, 1993, and all subsequent amendments and/or revisions, are hereby adopted by reference and declared to be a part of this subchapter. This FIS and attendant mapping is the minimum area of applicability of this subchapter and may be supplemented by studies for other areas which allow implementation of this subchapter and which are recommended to the city council by the floodplain administrator. The study and FIRMs are on file in the office of the floodplain administrator at 27781 La Paz Road 30111 Crown Valley Parkway, Laguna Niguel, Community Development Department.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-433. Compliance.

No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the term of this subchapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council from taking such lawful action as is necessary to prevent or remedy any violation.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97)

§ 9-1-434 Abrogation and greater restrictions.

This subchapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another article, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-435 Interpretation.

In the interpretation and application of this subchapter shall be:
(A) Considered as minimum requirements;
(B) Liberally construed in favor of the governing body; and (C) Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-436 Warning and disclaimer of liability.

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This subchapter shall not create liability on the part of the city, the city council, any officer or employee of the city, the state, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-437 Severability.

This subchapter and the various parts thereof are hereby declared to be severable. Should any section of this subchapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the subchapter as a whole, or any portion thereof other than the section declared to be unconstitutional or invalid. (Ord. 2008-150, § 3, passed 1-15-08)
§§ 9-1-438—9-1-440 Reserved.

ARTICLE 2. ADMINISTRATION
§ 9-1-441 Establishment of development permit.
(A) A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in § 9-1-432. Application for a development permit shall be made on forms furnished by the floodplain administrator and may include, but not be limited to: Plans in duplicate drawn to scale showing the nature, location, dimensions, and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.

(B) Specifically, the following information is required. (1) Proposed elevation in relation to mean sea leve l, of the lowest floor (including basement) of all structures in zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or
(2) Proposed elevation in relation to mean sea le vel to which any nonresidential structure will be floodproofed, if required in § 9-1-451(C)(3);
(3) All appropriate certifications listed in § 9-1-443(D); and (4) Description of the extent to whic h any watercourse will be altered or relocated as a result of proposed development.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-442 Designation of the floodplain administrator.

The city community development director is hereby appointed to administer, implement, and enforce this subchapter by granting or denying development permits in accord with its provisions. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-443 Duties and responsibilities of the floodplain administrator.

The duties and responsibilities of the floodplain administrator shall include, but not be limited to the following.
(A) Permit review. Review all development permits to determine that:
(1) Permit requirements of this article have been satisfied; (2) All other required state and federal permits have been obtained; (3) The site is reasonably safe from flooding; and
(4) The proposed development does not adversely a ffect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this article, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. (B) Development of substantial improvement and substantial damage procedures. (1) Using FEMA publication FEMA 213, "Answers to Questions About Substantially Damage to Buildings," develop detailed procedures for identifying and administering requirements for substantial improvements and substantial damage to include defining "market value." (2) Assure procedures are coordinated with ot her departments/divisions and implemented by community staff.
(C) Review and use of any other base flood data. When base flood elevation data has not been provided in accordance with § 9-1-432, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer §§ 9-1-451 through 9-1-459. Any such information shall be submitted to the city council for adoption.
(D) Notification of other agencies.

(1) Alteration or relocation of a watercourse:
(a) Notify adjacent communities and the California Department of Water Resources prior to alteration or relocation;
(b) Submit evidence of such notification to the Federal Emergency Management Agency; and (c) Assure that the flood carrying capacity with in the altered or relocated portion of said watercourse is maintained.
(2) Base flood elevation changes due to physical alterations:
(a) Within six months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a letter of map revision (LOMR). (b) All LOMR's for flood control projects are approved prior to the issuance of building permits.

Building permits must not be issued based on conditional letters of map revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.
(3) Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits.
(E) Documentation of floodplain development. Obtain and maintain for public inspection and make available as needed the following:
(1) Certification required by § 9-1-451(C)(1);
(2) Certification required by § 9-1-451(C)(2);
(3) Certification required by § 9-1-451(C)(3);
(4) Certification of elevatio n required by § 9-1-453(B); (5) Certification required by § 9-1-456(A);
(6) Information required by § 9-1-457(F); and
(7) Reports required by § 9-1-458(C).
(F) Map determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in §§ 9-1-461 through 9-1-463. (G) Remedial action. Take action to remedy violations of this subchapter as specified in § 9-1-433. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97; Ord. 2008-150, §§ 4, 5, passed 1-15-08) § 9-1-444 Appeals.

The city council of the city shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the floodplain administrator in the enforcement or administration of this subchapter.

(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) §§ 9-1-445—9-1-450 Reserved.

ARTICLE 3. PROVISIONS FOR FLOOD HAZARD REDUCTION
§ 9-1-451 Standards of construction.

In all areas of special flood hazards the following standards are required. (A) Anchoring.
(1) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
(2) All manufactured homes shall meet th e anchoring standards of § 9-1-454. (B) Construction materials and methods. All new construction and substantial improvement shall be constructed:
(1) With materials and utility equi pment resistant to flood damage; (2) Using methods and practices that minimize flood damage; (3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and (4) Within zones AH or AO, so that there are adequa te drainage paths around structures on slopes to guide flood waters around and away from proposed structures. (C) Elevation and floodproofing. (See § 9-1-421, Definitions, for "basement," "lowest floor", "new construction", "substantial damage" and "substantial improvement.") (1) (a) Residential construction, new or substant ial improvement, shall have the lowest floor, including basement:

1. In an AO zone, elevated above the highest ad jacent grade to a height equal to at least one foot above the depth number specified in feet on the FIRM, or elevated at least three feet above the highest adjacent grade if no depth number is specified;

2. In an A zone, elevated at least one foot ab ove the base flood elevation, as determined by this community; or

3. In all other zones, elevated at least one foot above the base flood elevation. (b) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator.
(2) Nonresidential construction, new or substant ial improvement, shall either be elevated to conform with this division (C)(2) or together with attendant utility and sanitary facilities:
(a) Be floodproofed below the elevation recomm ended under this division (C)(2) so that the structure is watertight with walls substantially impermeable to the passage of water;

(b) Have structural components capable of re sisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(c) Be certified by a registered professional en gineer or architect that the standards of this division (C)(2) are satisfied. Such certification shall be provided to the floodplain administrator.
(3) (a) All new construction and substantial improv ement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. (b) Designs for meeting this requirement must exceed the following minimum criteria:

1. Be certified by a registered professional engineer or architect; or

2. Have a minimum of two openings having a to tal net area of not less than one square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.
(4) Manufactured homes shall also m eet the standards in § 9-1-454. (5) Garages and low cost accessory structures.
(a) Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See division (C)(3). Areas of the garage below the BFE must be constructed with flood resistant materials. See division (B) above.

2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB-6.
(b) Detached garages and accessory structures.

1. "Accessory structures" used solely fo r parking (two-car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in § 9-1-421, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a. use of the accessory structure must be limited to parking or limited storage;
b. The portions of the accessory stru cture located below the BFE must be built using flood-resistant materials;
c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain encroachment provisions in § 9-1-456; and

f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with division (C)(3).

2. Detached garages and a ccessory structures not meeting the above standards must be constructed in accordance with all applicable standards in this section. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97; Ord. 2008-150, § 6, passed 1-15-08) § 9-1-452 Standards for utilities.
(A) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
(1) Infiltration of flood waters into the systems; and
(2) Discharge from the systems into flood waters.
(B) On-site waste disposal sy stems shall be located to avoid impairment to them, or contamination from them during flooding.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-453 Standards for subdivisions.
(A) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (B) All subdivision plans will provide the elevation of prop osed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. (C) All subdivision proposals shal l be consistent with the need to minimize flood damage. (D) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (E) All subdivisions shall provide adequate draina ge to reduce exposure to flood hazards. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-454 Standards for manufactured homes.
(A) All manufactured homes that are placed or substantially improved, within Zones A1-30, AH, and AE on the community's flood insurance rate map, on sites located:
(1) Outside of a manufactured home park or subdivision; (2) In a new manufactured ho me park or subdivision;
(3) In an expansion to an existing manufactured home park or subdivision; or (4) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated at least one foot above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation collapse and lateral movement.

(B) All manufactured homes that are placed or substantia lly improved on sites located within zones V1-30, V, and VE on the community's flood insurance rate map will meet the requirements of division (A) above and § 9-1-457.
(C) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1-30, AH, AE, V1-30, V, and VE on the community's flood insurance rate map that are not subject to the provisions of division (A) above will be securely fastened to an adequately anchored foundation system to resist flotation collapse, and lateral movement, and be elevated so that either the:
(1) Lowest floor of the manufactured home is at least one foot above the base flood elevation; or (2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-455 Standards for recreational vehicles.
(A) All recreational vehicles placed on sites within zo nes A1-30, AH, and AE on the community's flood insurance rate map will either:
(1) Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(2) Meet the permit requirements of §§ 9-1-441 through 9-1-444 of this article and the elevation and anchoring requirements for manufactured homes in § 9-1-454(A). (B) Recreation vehicles placed on sites within zones V1 -30, V, and VE on the community's flood insurance rate map will meet the requirements of division (A) above and § 9-1-457. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-456 Floodways.

Located within areas of special flood hazard established in § 9-1-432 are areas designated as floodways.

Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply. (A) Prohibit encroachments, includi ng fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in [the base] flood elevation during the occurrence of the base flood discharge.
(B) If division (A) above is satisfied, all new constr uction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of §§ 9-1- 451 through 9-1-459.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-457 Coastal high hazard areas.

Within coastal high hazard areas as established under section 9-1-432, the following standards shall apply.

(A) All new construction and substant ial improvement shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the lowest horizontal portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
(B) All new construction and other development shall be located on the landward side of the reach of mean high tide.
(C) All new construction and substantial improvement sh all have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in § 9-1-421 of this article. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access or storage.
(D) Fill shall not be used for st ructural support of buildings. (E) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (F) The floodplain administrator shall obtain and maintain the following records:
(1) Certification by a registered engineer or ar chitect that a proposed structure complies with division (A) above; and
(2) The elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-458 Mudslide (i.e., mudflow) prone areas.
(A) The floodplain administrator shall review permits for proposed construction of other development to determine if it is proposed within a mudslide area.
(B) (1) Permits shall be reviewed to determine that the proposed site and improvement will be reasonably safe from mudslide hazards.
(2) Factors to be considered in making this determination include but are not limited to the:
(a) Type and quality of soils;
(b) Evidence of ground water or surface water problems; (c) Depth and quality of any fill;
(d) Overall slope of the site; and
(e) Weight that any proposed deve lopment will impose on the slope. (C) Within areas which may have mudslide hazards, the floodplain administration shall require that:
(1) A site investigation and further re view be made by persons qualified in geology and soils engineering; (2) The proposed grading, excavation, new construc tion, and substantial improvement be adequately designed and protected against mudslide damages;

(3) The proposed grading, excavations, new construc tion, and substantial improvement not aggravate the existing hazard by creating either on-site or off-site disturbances; and (4) Drainage, planting, watering, and main tenance not endanger slope stability. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-459 Flood-related erosion-prone areas.
(A) The floodplain administrator shall require permits fo r proposed construction and other development within all flood-related erosion-prone areas as known to the community. (B) Permit applications shall be reviewed to determin e whether the proposed site alterations and improvements will be reasonably safe from flood-related erosion and will not cause flood-related erosion hazards or otherwise aggravate the existing hazard.
(C) If a proposed improvement is found to be in the path of flood-related erosion or would increase the erosion hazard, such improvement shall be relocated or adequate protective measures shall be taken to avoid aggravating the existing erosion hazard.
(D) Within zone E on the flood insurance rate map, a setback is required for all new development from the ocean, lake, bay, riverfront or other body of water to create a safety buffer consisting of a natural vegetative or contour strip. This buffer shall be designated according to the flood-related erosion hazard and erosion rate, in relation to the anticipated "useful life" of structures, and depending upon the geologic, hydrologic, topographic, and climatic characteristics of the land. The buffer may be used for suitable open space purposes, such as for agricultural, forestry, outdoor recreation and wildlife habitat areas, and for other activities using temporary and portable structures only. (Ord. 97-96, § 1, passed 10-7-1997; Ord. 97-97, § 1, passed 10-21-1997) § 9-1-460 Reserved.

ARTICLE 4. VARIANCE PROCEDURE
§ 9-1-461 Nature of variances.
(A) The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this subchapter would create an exceptional hardship to the applicant or the surrounding property owners.

The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
(B) It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in this subchapter are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited.

Therefore, the variance guidelines provided in this subchapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97)

§ 9-1-462 Appeal board.
(A) In passing upon requests for variance s, the city council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this subchapter, and the:
(1) Danger that materials may be swept onto other lands to the injury of others; (2) Danger of life and property due to flooding or erosion damage; (3) Susceptibility of the proposed facility and its conten ts to flood damage and the effect of such damage on the existing individual owner and future owners of the property; (4) Importance of the services provided by the proposed facility to the community; (5) Necessity to the facility of a wate rfront location, where applicable; (6) Availability of alternative locations for the propos ed use which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development; (8) Relationship of the proposed use to the compre hensive plan and floodplain management program for that area;
(9) Safety of access to the property in time of flood for ordinary and emergency vehicles; (10) Expected heights, velocity, dura tion, rate of rise, and sediment transport of the flood waters expected at the site; and
(11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(B) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a variance to co nstruct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of insurance coverage; and
(2) Such construction below the base flood level in creases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the office of the County of Orange recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(C) The floodplain administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency.
(Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-463 Conditions for variances.
(A) Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of §§ 9-1-441

through 9-1-459 have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. (B) Variances may be issued for the repair or rehabilitation of "historic structures" (as defined in § 9-1-421) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(C) Variances shall not be issued within any mapped regu latory floodway if any increase in flood levels during the base flood discharge would result.
(D) Variances shall only be issued upon a determinat ion that the variance is the "minimum necessary" considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this article. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local article. (E) Variances shall only be issued upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the variance would result in exceptional "hardship" (as defined in § 9-1-421) to the applicant; and
(3) Determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in § 9-1-421 see "public safety or nuisance"), cause fraud or victimization (as defined in § 9-1-421) of the public, or conflict with existing local laws or ordinances.
(F) Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of §§ 9- 1-463(A) through 9-1-463(E) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(G) Upon consideration of the factors of § 9-1-462(A) and the purposes of this article, the city council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this subchapter. (Ord. 97-96, § 1, passed 10-7-97; Ord. 97-97, § 1, passed 10-21-97) § 9-1-464—9-1-499 Reserved.

SUBCHAPTER 5. LOCAL PARK CODE
ARTICLE 1. GENERAL PROVISIONS
§ 9-1-500 Title.

This subchapter shall be referred to as the local park code. (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-501 Application.

This subchapter shall apply to all property that is located within the city, whether or not it is within the boundaries of a local park maintenance agency.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-502 Purpose, authority and objectives.
(A) This subchapter is adopted pursuant to California government code § 66477, the police power, the power to zone and the power to implement the recreation element of the city's general plan. (B) The general purpose and objectives of this subchapter are:
(1) To preserve, enhance and improve the qualit y of the physical environment of the city; (2) To provide a procedure for the acquisition and development of local park facilities; (3) To secure for the citizens of the city the social and physical advantages resulting from the provision of orderly park, recreation and open space facilities;
(4) To establish conditions which w ill allow parks and recreation areas to be provided and to exist in harmony with surrounding and neighborhood land uses;
(5) To ensure that adequate park and recreation facilities will be provided; (6) To ensure that park and recreati on facilities are provided and maintained in a manner that will permit their maximum use and enjoyment by the residents of the surrounding areas; and (7) To provide regulations requiring three acres of land or the proportionate share thereof for each 1,000 persons residing within the city be supplied by persons proposing to establish dwelling units. (Ord. 90-11, § 13, passed 3-6-90; Ord. 90-31, § 1, passed 3-5-91) § 9-1-503 Interpretation and application of subchapter. (A) In all matters pertaining to local parks, this subchapt er shall take precedence over all other ordinances or resolutions adopted by the city council, subject to the following provisions. (1) The provisions of this subchapter shall not be co nstrued to repeal, amend, modify, impair, annul or otherwise interfere with any other existing article, ordinance, easement, deed restriction, covenant or other agreement between parties or any part thereof not specifically repealed, amended, modified or annulled in this article, except that, where this article imposes greater limitations or requirements on the use of land, or greater parks and open spaces, or larger areas or dimensions, or larger fees, than the limitations or requirements imposed by any other article, ordinance, easement, deed restriction, covenant or agreement on the same premises or property, this subchapter shall control. (2) Nothing in this subchapter sha ll be construed to authorize the use of any premises or property in violation of this or any other applicable article, statute, ordinance or regulation. (B) Whenever reference is made to any portion of this article, the reference applies to all amendments and additions now or hereafter made.
(C) If any section, paragraph, sentence, clause or phr ase of this subchapter is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this subchapter. The city council hereby declares that it would have passed this subchapter, and each section, division, paragraph, sentence, clause or phrase thereof, irrespective of the fact

that one or more of the sections, divisions, paragraphs, sentences, clauses or phrases thereof is declared invalid.
(D) If any uncertainty exists as to the meaning or inte nt of any of the provisions or requirements of this subchapter, it shall be the duty of the director of community development to make a determination regarding such meaning or intent. Such determination shall be that which best carries out the purposes and objectives of this subchapter as set forth in § 9-1-502. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-504 Responsibility and enforcement.

The city council hereby declares that it is the duty and the responsibility of the residents of the city and of all levels of the city government to preserve and enhance the quality of the physical environment, and, further, that it is the duty and the responsibility of the city to act in a stewardship capacity by providing local park facilities. (A) It is the responsibility of each person who proposes to establish a dwelling unit or to increase the number of dwelling units on his property, and of each person who proposes to create residential building sites, to provide an equitable portion of the necessary park lands as required by this subchapter.
(B) It is the responsibility of the subdivision committee to approve all local park dedications, modifications and park implementation plans in accordance with the requirements of this subchapter. (C) It is the duty of the director of community development to verify that the requirements of this subchapter are complied with, and to notify all interested parties and agencies of such compliance. (D) It is the duty of the build ing official to enforce the provisions of this subchapter that are applicable to the issuance of building permits and certificates of occupancy. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-505 Use of land and fees.

All park land provided and all fees paid shall be used to provide local park benefits for future residents of the area from which the park land or park fees are derived. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-506 General rules of construction and definitions.

The following rules of construction shall apply for purposes of this subchapter. (A) Specific provisions shall supe rsede general provisions relating to the same subject. (B) When not inconsistent with the co ntext, words used in the present tense include the future. Words in the singular number include the plural, and words in the plural include the singular. (C) Unless otherwise specifically defi ned in this subchapter, all definitions of the city zoning code and the city subdivision code are applicable to this subchapter (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-507 Specific definitions.

In addition to the definitions specified in § 9-1-506, the following definitions shall apply for purposes of this subchapter.

Park. A parcel, or contiguous parcels, of land which is owned, operated and maintained by a public agency, or which is privately owned or operated and maintained, which has been approved for local park credit under this subchapter and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the city.

Person. Any individual, firm, copartnership, joint venture, association, club, trust, receiver, syndicate, county, city, municipality, district or other political subdivision, or any other group or combination acting as a unit. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-508 Use of fees.
(A) All park fees paid pursuant to subchapter 5, article 2 and interest accrued from such fees to the city shall be used to provide for acquiring and developing new parks or rehabilitating existing parks or recreational facilities to serve the subdivision, and shall be deposited in a special account reserved for such purposes.

Such fees may also be used for the purposes described in California government code § 66477.5. (B ) All park fees paid pursuant to subchapter 5, article 3and interest accrued from such fees to the city shall be used for the purposes set forth in § 9-1-502, and shall be deposited in a separate account reserved for such purposes.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-509 Appeals to planning commission.
(A) Any person may appeal a determ ination of the subdivision committee regarding the interpretation or implementation of this article. Any such appeal shall be addressed to the planning commission and shall be filed in duplicate with the director of parks and recreation within ten calendar days from the date of such determination.
(B) The appeal shall set forth specifically where the determination of the subdivision committee fails to conform to the requirements of this article or other applicable law, or wherein the conditions imposed are improper. (C) The director of community deve lopment shall bring the matter before the planning commission for hearing within 30 days after the date of filing the appeal. The person and the appellant, if other than the person, shall be given at least ten days' notice of the planning commission's hearing. (D) The planning commission may affirm, reverse or modi fy any determination of the subdivision committee and may make such findings as it deems appropriate. If only one or a limited number of conditions are being appealed, the planning commission need not limit its review to those specific conditions, but may review the whole action taken by the subdivision committee. The planning commission shall render its decision on the appeal within seven days of the conclusion of its hearing. (E) An appeal, once file d, may be withdrawn only with the consent of the planning commission. (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-510 Appeals to city council.
(A) Any person may appeal a determ ination of the planning commission regarding the interpretation or implementation of this subchapter. Any such appeal shall be addressed to the city council and shall be filed in duplicate with the city clerk within ten calendar days from the date of such determination. (B) The appeal shall set forth specifically where the determination of the planning commission fails to conform to the requirements of this subchapter or other applicable law, or wherein the conditions imposed are improper.
(C) The director of community develo pment shall report the filing of the appeal to the planning commission at its next regular meeting. The planning commission may make a report to the city council for its consideration in determining the appeal of any observations or facts regarding such determination which would answer the statements set forth in the appeal. The director of community development shall transmit to the city clerk such report, together with such reports in the matter as possessed by the planning commission. (D) The city council shall consider the appeal at a regu lar meeting within 30 calendar days following the receipt by the city clerk, or within such time as the council shall continue the matter. (E) Notice of the time and place the ci ty council will consider the appeal shall be mailed by the city clerk to the applicant, and to the person who filed the appeal if other than the applicant, and shall give at least ten days' notice.
(F) The city council may, at a regular meeting, affirm, reverse or modify, in whole or in part, any determination of the planning commission from which an appeal has been taken under this section. The resolution shall include such express findings of fact or such observations, if any, as any member of the city council may desire to have included. If the council fails to pass such a resolution within 30 calendar days following the receipt by the city clerk of the duplicate copy of the appeal, or within such time as the council continues the matter, such failure shall be deemed an affirmation of the determination of the planning commission. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-511 Refunds.
(A) (1) (a)Requests for refunds of park fees paid or release of security instruments may be directed to the director of community development at any time.
(b) The director may approve a refund or a partial refund of park fees paid or release of security instruments when he has verified:

1. That the refund amount requested corresponds to the amount of fees actually deposited in the local park trust fund for a given number of dwelling units; and

2. That the local park requirement for the dwelling un its in question has been met by actual city council acceptance of park land, or by an irrevocable recorded offer to dedicate park land on a final tract map or parcel map; or

3. That the subdivision or building permit approval fo r which fees were required has been withdrawn or is otherwise no longer valid.
(2) Requests that do not comply with the criteria set out in divisions (A)(1)(b)1. And (A)(1)(b)2. Or (A)(1)(b)3. Above shall be denied by the director. Appeals from the decision of the director shall be first to the planning commission as described in § 9-1-509, and then to the city council as described in § 9-1-510. (B) When the director of community development approves a refund, they shall request a warrant from the city treasurer, citing in their request the council resolution accepting the park land, or the tract, book and page

number in the case of a recorded offer to dedicate land. In the case of release of a security instrument, they shall request such release from the city clerk.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-512 Modifications.

Any person may apply for a modification of the methods used in fulfilling requirements of this subchapter, as follows:
(A) Each application for a modification shall be in wr iting and shall state specifically the exact requirement that is requested to be modified, and the applicant's reasons for requesting such a modification. (B) Each application for a modification shall be filed with the director of parks and recreation. (C) The subdivision committee shall hold a public meet ing for the purpose of hearing the modification request. Such meeting shall be set for a date not later than 30 days subsequent to the filing of the application.
(D) Modifications of the methods used in comply ing with requirements of this subchapter may be approved only when the subdivision committee makes a determination that the future residents of the subject property will be better served by the approval of the modification. If there is a determination that the future residents will not be better served, the subdivision committee shall disapprove the application.
(E) The determination of the subdivision committee shal l become final after an appeal period of 14 calendar days from the date of such determination, unless an appeal is filed within that period in compliance with the regulations of § 9-1-509.
(F) A park implementation plan approved pursuant to the local park component of the recreation element of the city's general plan may serve as a master park modification. (Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-513—9-1-519 Reserved.

ARTICLE 2. REQUIREMENTS FOR SUBDIVISIONS
§ 9-1-520 Applicability.

Any person who proposes to divide real property for the purpose of creating a residential subdivision or a parcel map for residential use shall pay a park fee or provide park land in accordance with the requirements of this article.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-521 Method of fulfilling requirements.
(A) The requirements of this article shall be complied with by the provision of park land, as approved by the subdivision committee, the payment of park fees, or by a combination of both.

(B) Provision of park land shall not be required for parcel maps or subdivisions containing 50 parcels or less; except that, when a condominium project, stock cooperative or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.
(C) Whenever a person proposes to provide park land, such person shall comply with the requirements of § 9-1-526.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-522 Amount of park land required.

When the requirements of this subchapter are complied with solely on the basis of providing park land, the amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit in accordance with the appropriate density classification in the following table:

Dwelling Units per Gross Acre Persons per Dwe lling Unit Park Land Acres per Dwelling Unit Up to 6.5 3.21 0.0096

6.6 to 15.5 2.59 0.0078

15.6 to 25.5 1.99 0.0060

25.6 and up 1.88 0.0056

(Ord. 90-11, § 13, passed 3-6-90; Ord. 90-31, § 2, passed 3-5-91) § 9-1-523 Amount of park fees required.

Whenever the requirements of this subchapter are met solely on the basis of the payment of park fees, the amount of such fees shall be computed by multiplying the number of proposed dwelling units by the park land acres per dwelling unit shown in the table set out § 9-1-522, and by multiplying the resultant acreage amount by the representative land value of the land being developed per acre. Representative land values shall be determined by adoption of a resolution by the city council which shall establish representative land values for the density classifications identified in § 9-1-152. The representative land values shall be determined by a California Certified General Real Estate Appraiser and who is designated as a member of the appraisal institute (MAI) or certified by an equivalent organization. Representative land values shall be determined at intervals of not more than five years. The city manager shall adjust the represented land values upward or downward annually by June 30 of each year, other than a year for which an appraisal is prepared, by the change in the Consumer Price Index for All Urban Consumers, Los Angeles-Long Beach-Anaheim or successor index. (Ord. 90-11, § 13, passed 3-6-90; Ord. 2015-178, § 3, passed 5-5-15) § 9-1-524 Amount of park land and park fees combined.

Whenever the requirements of this subchapter are complied with by both the provision of park land and payment of park fee, the amount of the park fee shall be computed by determining the required amount of park land in accordance with the provisions of § 9-1-522 and subtracting the amount of park land actually provided. The remainder shall be converted to a fee in accordance with the provisions of § 9-1-523. (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-525. Improvement of dedicated park land.

If the person is required to provide dedicated park land and provides park and recreational improvements to the dedicated land pursuant to a development plan approved by city, the value of the improvements, together with any equipment located thereon, shall be a credit against the payment of fees or dedication of land required by this subchapter. The value of such improvements shall be at cost to the developer. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-526. Park land requirements.

Any person meeting either all or part of the requirements of this subchapter by providing park land shall comply with divisions (A), (B), (C), (D) and (E) below. (A) If the proposed park land is within or contiguous to the boundary of a tentative tract or parcel map, it shall be shown on the tentative tract or parcel map.
(B) If the proposed park land is outside the boundary of the tentative tract or parcel map, it shall be shown on a separate map accompanying the tentative tract map or shall be consistent with an approved park implementation plan.
(C) If the subdivision committee makes a determination th at the future residents will be better served by the establishment of a park in a different location than that proposed by the person, it may require the person to pay a park fee for all or part of the required park land, and the amount of park land required to be shown on the tentative map shall be reduced by an equivalent amount. (D) Any proposal to provide park land on real property zoned for multiple residential uses shall include a statement on the face of the map specifying the number of proposed dwelling units, and the amount of park land required shall be computed on the basis of the number of dwelling units shown on the face of the map. If the number of building permits for dwelling units exceeds the amount proposed on the face of the tentative map, an appropriate park fee in accordance with the requirements of § 9-1- 523 shall be paid for the additional dwelling units or additional acreage dedicated. (E) Each proposal to provide park land shall be re viewed and a determination made by the director of parks and recreationCommunity Development as to compliance with the regulations, standards and criteria specified by this subchapter and the recreation element of the general plan. Any proposed parkland dedication shall demonstrate that it furthers the goals and purposes of the general plan, including the recreation element, and is suitable for park and recreation purposes. They shall report all such findings to the subdivision committee. All park land shown on a tentative tract or parcel map or a subdivision of land shall be recorded on a final tract map or a parcel map. Such map shall include an offer of dedication to the city.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-527 Park fee procedures.
(A) Park fees shall be approved by the subdivision committee. The amount of park fees shall be computed in accordance with the provisions of § 9-1-523, based on representative land value of the land being developed at the time the building permits are issued. Fees shall be paid prior to issuance of building permits or at such time as otherwise provided by resolution of the city council. (B) Any approval of the payment of park fees shall be made by the subdivision committee prior to or concurrently with the approval of the tentative map, and such approval shall be shown on the face of the tentative map and by conditions of approval.

(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-528 Reserved.
§ 9-1-529 Changes following approval of tentative map or division of land.

If any person proposes to change the amount of the park land or the payment of the park fee or the size, shape, location, terrain or improvements of the park shown on an approved tentative tract map or tentative parcel map, such change shall be deemed to be a revision of the tentative tract map or tentative parcel map, and shall require the filing of a new or revised map.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-530 Conformance with general plan.

All required local park land provided in compliance with this subchapter shall comply with the standards and criteria contained in the open space/parks/conservation element of the city's general plan. The master plan of local parks shall be the version in force at the time of approval of a tentative tract map or tentative parcel map. (Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-531—9-1-539 Reserved.

ARTICLE 3. REQUIREMENTS FOR CONSTRUCTION OF DWELLING UNITS ON

EXISTING SITES
§ 9-1-540 Payment of fee.

Whenever a person proposes to build, place or otherwise establish a dwelling unit on a building site created prior to June 29, 1971, with no local park fees having been paid or park land dedicated on behalf of such site, such person shall pay a park fee in an amount determined pursuant to § 9-1-523 prior to issuance of building permits. (Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-541—9-1-599 Reserved.

SUBCHAPTER 6. INTERIM SCHOOL FACILITIES FEES
§ 9-1-600 Reserved.
§ 9-1-601 Application.

If the governing board of a school district:
(A) Makes a finding in accordance with California government code § 65971 supported by clear and convincing evidence that:

(1) conditions of overcrowding exist in one or more of the attendance areas within the district which will impair the normal functioning of educational programs including the reason for such conditions existing; and
(2) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists.
(B) Notifies the city council in writing of such find ings and evidence and describes the precise geographic boundaries of the overcrowded attendance areas and the facilities to be constructed with any fees obtained pursuant to this subchapter; and
(C) Specifies in writing mitigation measures considered by the governing board, such measures to include but not to be limited to those enumerated in this subchapter; and if the city council, after a hearing and recommendation by the planning commission, concurs in such findings and finds that the facilities proposed to be constructed are consistent with the city's general plan, then the provisions of this article shall be applicable to the attendance areas described in the governing board's resolution, subject to the exceptions set forth in this subchapter. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-602 Definitions.

For purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Attendance area. The area established by a governing board within which pupils must reside to attend a particular school.

Governing board. The governing board of any school district which operates a high school or elementary school.

Reasonable methods of mitigating conditions of overcrowding. Includes but is not limited to:
(1) Agreements between a governin g board and subdivider whereby temporary use buildings will be leased to the governing board or temporary use buildings owned by the governing board will be used; (2) Double sessions;
(3) Relieving overcrowded school conditions by adjustment of attendant area boundaries; (4) Continuous school programs as authorized by California Education Code § 37600 et seq; (5) Use of available annual tax rate and bond revenues to the full extent authorized by law; (6) Full use of funds which could be available from sale of surplus school district real property and funds available from any other sources; and
(7) The possible use of the facilit ies in adjacent districts.

Residential development. A project containing residential dwellings, including mobile homes, of one or more units, or a subdivision of land for the purpose of constructing one or more residential dwelling units.

Time of sale of the property. The time of close of escrow. (Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-603 Fees imposed.
(A) No building permits shall be issued for any residenti al development in any attendance area to which this subchapter is applicable until an agreement for payment of the fees set forth in this subchapter has been received by the city.
(B) Fees shall be in the amount of 0.8% of the selling price of each dwelling unit, not to exceed $1,200.00, provided that, in the case of construction by an owner-occupant, where no sale is contemplated prior to occupancy, fees shall be based on the amount of the value of the unit, as agreed upon between the owner and the district.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-604 Agreement for fees.

There shall be an agreement signed prior to the issuance of any building permit, between the school district and the developer, that the fees shall be collected at the time of sale, or occupancy if no sale is contemplated, and promptly given to the district. A copy of the agreement shall be provided to the director of community development at the time of issuance of building permits. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-605 Exemptions and waivers.
(A) Notwithstanding any other provision of this article, no fee shall be imposed upon residential developments in which the residence is enforceably restricted by deed to adults. (B) The city council may waive all or any part of the fees otherwise required by this subchapter where it finds that such fees do not bear reasonable relationship or will not be limited to the needs of the community for interim elementary or high school facilities caused by the development. The council shall consider such waiver only when requested to do so by the proponent of the resident development project and only after giving at least ten days' written notice to the governing board of its intention to consider a waiver. The governing board shall be heard on the question before the council grants a waiver. No waiver shall be considered unless requested prior to application for building permits. The planning commission shall make recommendations on any request.
(C) This subchapter shall not apply to any residential de velopment where the city council finds that there are specific overriding fiscal, economic, social or environmental factors which, in the judgment of the council, expressed by resolution, would benefit the city to the extent that approval of such development without compliance with this subchapter is justified. The planning commission shall make recommendations on any request.
(D) In lieu of all or any part of the fees otherwise required by this subchapter, the proponent of residential development may agree to dedicate, by instrument acceptable to the governing board, real property to be used by the governing board to mitigate conditions of overcrowding. The value of such property shall be determined by the governing board and the party making the dedication, and such value shall be reported to the city council in writing, and the agreement of the owner and the governing board as to the value shall be acknowledged thereon. The report shall also set forth the precise boundaries of the property to be dedicated and the territory, which may include all or parts of one or more attendance areas, for which the dedication is to be credited. Upon approval by the city council, and if the council finds the site proposed to be dedicated to be consistent with the general plan, the council may approve the agreed value. In the event of approval, credit for such value against the fees otherwise required by this subchapter shall be given until exhaustion of

such credit, after which an agreement for payment of such fees shall be required at the time of issuance of building permits. The credit shall be applicable to any residential dwelling in the territory specified in the agreement. Any report to the council pursuant to this section shall be made before any agreement for payment of fees has been required by the city for residential dwelling units in the territory described in the report.
(E) In lieu of payment of any fee required by this subcha pter, the builder of a residential development may, at their option and expense, provide interim facilities, owned or controlled by such builder, at the place designated by the school district, and at the conclusion of the fifth school year the builder shall, at the builder's expense, remove the interim facilities from such place. (F) In lieu of payment of any fees required by this subchapter, the builder of a residential development may submit a letter from the district stating that the developer has mitigated the conditions of overcrowding by way of a separate agreement for school facilities with the district for meeting district needs. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-606 Schedule for mitigation.

The governing board having jurisdiction over an attendance area which is subject to this subchapter shall submit a schedule specifying how it will use the fees required to solve the conditions of overcrowding. The schedule shall be in accordance with the facilities described pursuant to § 9-1-601 and shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. If the governing board cannot meet the schedule, it shall submit modifications to the city council, along with the reasons for the modifications.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-607 Accounting for fees received.

Any governing board receiving funds or dedications pursuant to this subchapter shall maintain a separate account for any such funds, and shall file a report with the city council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased or constructed during the previous fiscal year. In addition, the reports shall specify which attendance areas will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 of each year, and shall be filed more frequently if requested by the city council. The city treasurer may, at any time, conduct an audit of the fees transferred to the governing board for the purpose of ascertaining whether or not such fees are being used for the purposes authorized by this subchapter. The governing board and the developer paying fees shall cooperate in such audit.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-608 Agreements where two governing boards receive fees.

Where two separate governing boards operate schools in an attendance area where overcrowding conditions exist for both school districts, the city council shall enter into an agreement with each of the governing boards for the purpose of determining the distribution of revenues from the fees levied pursuant to this subchapter.
(Ord. 90-11, § 13, passed 3-6-90)

§ 9-1-609 Termination of applicability.

This subchapter shall cease to apply to any attendance area upon a determination by the city council that conditions of overcrowding no longer exist.
(Ord. § 90-11, § 13, passed 3-6-90)
§ 9-1-610 Changed conditions.
(A) If the severity of conditions of overcrowding in an attendance area increases after the governing board has given the city council the notice described in § 9-1-601 and the governing board has determined that additional facilities beyond those described in the notice are necessary, the governing board may give additional notice to the council in the manner provided in § 9-1-601. (B) Such notice shall, in addition, describe the additional facilities for which fees under this subchapter are desired.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-611 Administration.

This subchapter shall be administered by the director of community development. The director shall, subject to approval of the city council, adopt rules, policies and procedures to implement this subchapter. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-612 Change in attendance areas.

If the boundaries of any attendance area to which this subchapter is made applicable are changed, the governing board shall immediately notify the city council, specifying both the new and the old boundaries, and shall furnish such additional information in connection with such change as may be requested by the council. (Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-613—9-1-699 Reserved.

SUBCHAPTER 7. RESERVED
§§ 9-1-700—9-1-799. Reserved.

SUBCHAPTER 8. GATE-GUARDED NEIGHBORHOODS
§ 9-1-800 Application for approval.
(A) A gate-guarded neighborhood for new or existing ar eas shall be established within the city only after receiving city council approval. Any person desiring a gate-guarded neighborhood shall submit a detailed gate-guarded neighborhood plan to the community development department for initial review. The plan shall provide the specified information and satisfy standards as set forth in this subchapter. The plan shall

not be processed until the community development director has determined that all required information has been submitted with the plan application. For existing communities, the city will require a finding that the gates are justified on the basis of statistical data to be supplied by the applicant and verified by the city, such as police responses, excessive traffic violations and monetary benefits. (B) An application fee shall be paid in the amount specified by city council resolution. The fee shall be a deposit, and all city staff time and other costs shall be assessed against the fee deposit. All costs for processing such an application shall be borne by the applicant.
(Ord. 90-29, § 1, passed 11-20-90)
§ 9-1-801 Required information for neighborhood plan; design standards. (A) Evidence of identifiable area to be served. A gate-guarded neighborhood submitted pursuant to this subchapter shall present evidence demonstrating that the control gates will serve a well-defined neighborhood.
(B) Evidence of neighborhood support.
(1) The plan shall include a petition evidencing a stro ng majority support for the concept. As a minimum, signatures of 51% of the owners of property within the neighborhood establishing written support for the plan shall be utilized by the city in determining whether there is a strong majority support for the plan, with each dwelling unit to be tabulated as one vote. This criterion shall not apply to new development, with the exception of those developments under construction for which 25% or more of the units have been sold.
(2) After receipt of the petition, city staff shall prepar e a report which outlines all potential impacts of the action should it be implemented. The report shall be circulated as a ballot to all owners of record within the impacted neighborhood. The resultant tabulation of the ballots in support of the issue must total at least 75% of all of the property owners, with each dwelling unit to be tabulated as one vote. (C) Design and access standards.
(1) Key system for gates. The plan shall provide for the installation of a master key override switch system as prescribed by the city for emergency access or other public access. Keys shall be provided to the city in the event of approval. If the gate operates by way of a telephone system, a ring-through feature shall be provided in order that cars waiting at the gate entrance will not cause waiting or queuing problems should a telephone line be in use.
(2) Gate setback. The setback of any gates shall be determined by the number of dwelling units within a gated neighborhood, on a basis of one-foot setback for each dwelling unit within the neighborhood.

There shall be a minimum 100-foot setback for those neighborhoods consisting of less than 100 dwelling units. For setbacks in excess of 100 feet, credit may be given for multiple lanes. (3) Turnaround. There shall be a minimum of a 38-foot radius turnaround area to ensure unrestricted access to and from the gate area and public street system. This requirement shall be treated as a general standard which may be increased based upon site and public health and safety considerations at the sole discretion of the city.
(4) Review by fire department. The fire department shall be asked to make its review and recommendations on any proposed plan.
(5) Other topographical considerations. The community development department shall review the plan for other site and topographical layout considerations to ensure that the design of the gate system does not create health and safety hazards.

(6) Access to public facilities. The proposal shall not block or inhibit access by the public to public or quasipublic facilities such as parks, schools, hiking and biking, and equestrian trails, etc. (D) Utility coordination. The plan shall show the layout of adjacent utility facilities. Any utilities which are in conflict with the proposed gate system shall be relocated at the applicant's expense. (E) Financial plan. The plan shall include a financial analysis establishing that the gate-guarded facility shall be adequately maintained on a permanent basis.
(F) Access by contract services. The applicant of the plan shall contact all contract services, i.e., trash pickup and street cleaning, and provide access to the gated community to allow for continued service. (Ord. 90-29, § 1, passed 11-20-90)
§ 9-1-802 Plans entailing vacation of public streets.
(A) Vacation procedure. Where a gate-guarded neighborhood plan includes a request that the city vacate a public street, the city's street vacation procedures, as stipulated in city council Resolution No. 90-71, shall address the following additional provisions.
(1) In determining whether to vacate a public street as a part of a gate-guarded neighborhood plan, the city council will take into consideration the aesthetic and financial impact on the city and social impacts arising from the proposed vacation of the public streets, as part of the specified request under review. (2) Prior to consideration by the ci ty council, the planning commission shall review the vacation request and shall make a recommendation to the city council.
(3) In order to ensure consistency, st reet vacation requests shall be processed concurrently with the gate- guarded neighborhood plan and related site development permit. (B) Revocation of vacation of public street. The city council reserves the right to conditionally approve a vacation of a public street in a manner that will allow the city to revoke the vacation of the street if the plan proponent fails to abide by conditions of approval, or the plan implementation is otherwise found to create a public health or safety hazard. If there is a revocation, the gates must be removed. (Ord. 90-29, § 1, passed 11-20-90)
§ 9-1-803 Exceptions to design standards.

Notwithstanding the standards set forth in this subchapter, the planning commission, subject to final approval by the city council, may make exceptions to one or more of the design standards set forth in § 9-1-801 if it finds that:
(A) There would be no health or safety hazard created by the waiver of the design standard; and (B) Unique topographical features, including size of th e neighborhood, justify waiver of one or more of the design standards.
(Ord. 90-29, § 1, passed 11-20-90)
§ 9-1-804 Review procedure.
(A) Community development department review.

(1) The gate-guarded neighborhood request shall be subject to review and action by the planning commission on a site development permit, which shall be processed in accordance with subsections 9- 1-150.1(d) and 9-1-150.3(3) § 9-1-114.1.
(2) The community development department shall receive and certify the gate-guarded neighborhood plan as complete. The department shall then review the application for its compliance with the design standards. The department shall also request comments from other city departments. (3) The community development department shall be responsible for preparing, circulating, and tabulating the second ballot as described in § 9-1-801(B).
(4) A report by the community development director shall then be prepared and forwarded to the planning commission for review and action.
(5) After action by the planning commission, the community development director shall prepare and forward a report on the recommended action to the city council. (B) Planning commission review. The planning commission shall review the site development permit and street vacation concurrently, hold a public hearing, and make a recommendation to the city council. (C) City council review.
(1) The city council reserves sole discretion to gran t or deny a plan application. The city council shall conduct a public hearing on any application for a gate-guarded neighborhood plan. (2) Any plan entailing a proposal for vacation of public streets shall be subject to the notice and hearing provisions of California streets and highways code § 8300 et seq. (3) The city council shall not approve any proposal unl ess it finds in writing that all design and related criteria set forth in this subchapter have been satisfied or waived and that the approval of the plan promotes the health, welfare and safety of the community. (Ord. 90-29, § 1, passed 11-20-90)
Chapter 2 SAND, GRAVEL AND MINERAL EXTRACTION CODE
Subchapter 1. Regulations, §§ 9-2-1—9-2-34

SUBCHAPTER 1. REGULATIONS
§ 9-2-1 Title.

This subchapter shall be known as the sand, gravel and mineral extraction code of the city. All references to this subchapter shall include §§ 9-2-1 through 9-2-34.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-2 Purpose.

Due to the nature of existing or future pits which were or are being used or shall be used for the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials, and operations for the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials, this article is adopted to safeguard life, limb, property and the public welfare by establishing minimum safety standards

for the maintenance of pits and the mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the city and to establish procedures pursuant to which such standards are to be enforced.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-3 Scope.
(A) Except as otherwise provided in this subchapter, all existing and future pits or operations which are being and shall be or have been used for mining, quarrying or commercial extraction of sand, gravel, rock, aggregate, clay or similar materials within the city shall be maintained and conducted in compliance with the provisions of this subchapter.
(B) The provisions of this subchapter shall not apply to the following:
(1) Excavation operations incidental to the development of property in which a specified quantity of material is to be removed to a predetermined elevation so that, upon completion, the site will be left suitable for development, and for which a valid grading permit is in force. However, this exception shall not apply to any such excavation operations which cannot reasonably be completed or are not completed within one year from the date excavation operations are commenced; and (2) Commercial processing or storage of sand, gravel, rock, aggregate, clay or similar materials where no extraction or excavation operations other than those regulated by a currently valid grading permit are conducted on the site.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-4 Definitions.

All references to this § 9-2-4 shall include §§ 9-2-5 through 9-2-14. As used in this subchapter, the terms listed in §§ 9-2-5 through 9-2-14 shall have the respective meanings set forth in such sections, unless the context clearly indicates otherwise.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-5. Definitions (A)
Abandonment. The cessation of mining, quarrying and extraction operations on the site in compliance with the provisions of this subchapter.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-6 Definitions. (C)
Code. The sand, gravel and mineral extraction code of the city.

Commercial extraction operation. The removal or displacement of sand, gravel, rock, aggregate, clay or similar materials conducted for financial gain.
(Ord. 90-11, § 14, passed 3-6-90)

§ 9-2-7 Definitions. (D)
Department. The department of building and safety of the city.

Director. The director of the department of building and safety or their regularly authorized deputy. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-8 Definitions. (E)
Excavation, extraction and extraction operation. See "Commercial extraction operation." (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-9 Definitions. (M)
Mining. The process of obtaining sand, gravel, rock, aggregate, clay or similar materials from an open excavation in the earth for financial gain, but not including the removal of minerals extracted by underground methods.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-10 Definitions. (O)
Operator. The person, whether proprietor, lessee or independent contractor, actually in charge and in control of the pit or operation being conducted upon the site.

Owner. A person who owns a site upon which a pit is located or upon which mining, quarrying or commercial extraction operations are being conducted or may be conducted. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-11 Definitions. (P)
Permit. Any permit issued pursuant to the provisions of this subchapter, together with the application for the permit, the conditions upon which it was issued, and any plans, specifications, reports and approved modifications pertaining thereto.

Permittee. Any person to whom a permit is issued pursuant to the provisions of this subchapter.

Person. Any individual, firm, association, corporation, or joint venture composed of individuals, or any other group or combination acting as a unit.

Pit. Any excavation or depression or hole in the ground, natural or artificial, from which sand, gravel, rock, aggregate, clay or similar materials are being or have been dug, mined, extracted or quarried. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-12 Definitions. (Q)
Quarrying. The process of removing or extracting stone, rock or similar materials from an open excavation for financial gain.

(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-13. Definitions (S)
Settling basin. An area devoted to the storage of waste residue.

Site. A lot or parcel of land or a series of contiguous or adjacent lots or parcels of land described by a lease or similar document upon which a pit is located or upon which commercial extraction operations are being or may be conducted, and which is covered by a permit.

Slope. The exposed surface of an excavation or fill which forms an incline. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-14 Definitions. (U)
Ultimate right-of-way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment, or a street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded PC development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way shall be considered to be the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way in the case of a private street, and the existing right-of-way, but not less than 60 feet, in the case of a public street.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-15 Permits required.

No person shall maintain a pit or commence or perform any operations or activities within the scope of this subchapter without first obtaining the appropriate permits to do so as specified in this section:
(A) Abandonment permit.
(1) Upon application to the director by the owner or their legally authorized agent, an abandonment permit shall be issued for any pit from which no extraction operations have been conducted since the enactment of this subchapter, provided the pit is found to comply with the provisions of § 9- 2-29.
(2) No fee shall be charged for an abandonment permit. The director may waive the sections of this subchapter related to permit procedure as they deem appropriate. (B) Extraction permit.
(1) No person shall maintain a pit from which ma terials have been extracted since the enactment of this subchapter or perform any extraction operations or activities without first obtaining an extraction permit.
(2) An extraction permit may be issued by the dire ctor for the maintenance of pits from which no materials have been extracted since the enactment of this subchapter, provided the pit is found to comply with §§ 9-2-29 or section 9-2-30 and all other applicable requirements of this subchapter have been met.
(C) Grading permit for repair of SG site.
(1) Except as provided in § 9-2-22, repair work required in order to bring a pit into compliance with the provisions of § 9-2-29 shall be accomplished only after a grading permit for repair of an SG

site has been obtained, and the work shall be performed in compliance with the terms of the permit.
(2) The director may waive the sections of this subc hapter related to permit procedure as he deems appropriate.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-16 Permit procedure.

An application for a permit signed by the owner or their legally authorized agent shall be filed with the department of community development upon forms provided by that department. The application shall be accompanied by a description of the site and such fees, plans, reports, and engineering data as are outlined in §§ 9-2-17, 9-2-18, and 9-2-21.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-17 Submission of site plans.
(A) Plans signed by a registered civil engineer or licensed land surveyor shall be submitted by the operator or their authorized agent with an application for a permit. (B) Plans of the site shall be drawn to a scale of one inch equals 100 feet, unless otherwise specified by the director.
(C) The plans shall include but not be limited to the following items:
(1) Property lines and lease lines, in addition to plans of the site; (2) Contours at five-foot intervals, unle ss otherwise specified by the director; (3) Required setbacks;
(4) Location of all existing and proposed structures , including processing plants and other appurtenant equipment;
(5) Location of existing and proposed points of in gress and egress, haul roads, driveways and parking areas;
(6) Location and approxim ate depth of existing and proposed settling basins, desilting ponds and other bodies of water;
(7) Method of disposing of drainage;
(8) The area to be excavated, and typical cross se ctions of slopes to be formed or modified; and (9) Location of existing and proposed fencing.
(D) The director shall have the prerogative of requiring the owner or operator to furnish periodic plans and reports if this is necessary to determine compliance with this subchapter. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-18 Submission of reports and engineering data.

Reports and engineering data, prepared by a registered civil engineer or a registered engineering geologist, which are pertinent to the pit or operation shall accompany the application where the operator or permittee

proposes to establish setbacks less than or slopes steeper than those specified in §§ 9-2-29 and 9-2-30, or where required pursuant to §§ 9-2-29 and 9-2-30 due to close proximity to a watercourse or groundwater. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-19 Compliance with standards.

The permit application, plans, reports and engineering data shall indicate compliance with the standards specified in §§ 9-2-29 and 9-2-30.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-20 Site inspections.
(A) Prior to approval of any plans or the issuance of a permit, the director may inspect the site to determine that the plans, reports or other data are accurate and sufficient. (B) The director shall inspect each site regulated by this article at the time of payment of annual fees as required by § 9-2-21(B) and at such other times as they deem necessary, for the purpose of ascertaining whether the operations are being conducted and the site maintained in conformity with the minimum standards of this code and applicable permits.
(C) Whenever the director determines that the work does not comply with the terms of the permit or requirements of this subchapter, or that the soil or other conditions are not as stated on the permit, they shall notify the permittee of such fact in writing demanding compliance within 30 days from the date of such notice. If the permittee has not, within the stated time, complied with the terms of the permit or requirements of this subchapter, or given reasonable assurances that steps are being taken to comply, the director may order the cessation of all work or any portion thereof, and such work shall cease until the requirements of the permit and of this subchapter have been met. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-21 Fees.
(A) Plan checking and processing fee. With the submission of an application for a permit, or whenever new plans are required to be submitted for review by the department, a plan checking and processing fee of $50.00 shall be paid by the applicant.
(B) Permit and inspection fee. An annual fee in the amount specified in this division (B) shall be submitted to the department by July 1 of each year to cover the cost of inspection for the subsequent fiscal year, except that the initial fee shall be prorated on the basis of the portion of the fiscal year remaining, with a minimum fee of $100.00. The annual permit and inspection fee shall be computed on the basis of the previous year's production from the site, which the permit shall cover as follows: set forth in the schedule of fees and charges established by resolution of the City Council.

Production Permit and
Inspection Fee
None or less than 10,000 tons $ 200.00
10,001 to 50,000 tons 400.00
50,001 to 200,000 tons 700.00
More than 200,000 tons 1,500.00

(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-22 Term and expiration of permit.
(A) Each extraction permit issued for an existing or proposed operation shall continue in effect only as long as none of the provisions of this subchapter are violated and as long as the annual permit fees have been paid. (B) (1) The extraction permit shall expire on July 1 unless the annual permit and inspection fees for the subsequent fiscal year have been paid by that date. No operations other than such corrective work as may be designated by the director shall be conducted after such date unless a new permit has been approved by the director.
(2) In the case of existing pits, this corrective work shall include compliance with all the provisions of § 9-2-

29. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-23 Renewal of permit.

Any extraction permit that has expired or been revoked may be renewed by making application to the department, upon the following conditions.
(A) The applicant shall submit an app lication, up-to-date plans, reports and other data as specified by this subchapter or required by the director.
(B) The site shall be in compliance with all applicable provisions of this subchapter. (C) Payment shall be made of the f ees required by section 9-2-21. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-24 Revocation of permit.

The director may revoke any permit, in whole or in part, if, after notification and demand as provided in § 9- 2-20, the pit or work covered by the permit has been materially extended beyond the limits of the permit, or if any fences or walls or other protective devices required by this subchapter have not been constructed or maintained in good repair, or if other provisions of this subchapter have been violated by the operator, owner or permittee. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-25. Granting of permit not to authorize violation of law.

The issuance, granting or renewal of a permit shall not be deemed or construed to be a permit for or an approval of any violation of the provisions of this subchapter or any other code, and no permit presuming to give authority to violate or cancel the provisions of this subchapter shall be valid except insofar as the work or use which is authorized by the issuance, granting or renewal of the permit is lawful. (Ord. 90-11, § 14, passed 3-6-90)

C

§ 9-2-26 Conformity to plans.

Upon issuance of a permit, the plans submitted by the applicant shall be approved and so stamped by the department. The pit and all work pertinent thereto shall be maintained in conformity with the approved plans unless authorization to modify the pit or operation is obtained from the director and the plans and records are so changed and noted.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-27 Bonds.

A corporate surety bond in the form and amount specified in this section shall be submitted by each applicant for a permit to perform any mining, quarrying or commercial extraction of rock, sand, gravel, aggregate, clay or similar products on private property in the city. (A) Every bond shall be executed by the operator for the faithful performance of the work to be undertaken and by a corporate surety insurer authorized to do business in this state as surety, or, in lieu thereof, a written agreement for such performance shall be submitted accompanied by a deposit in cash or such other financial security as shall be approved by the director and city attorney. (B) Every bond shall be in a form approved by the city attorney. (C) Every bond or agreement in lieu thereof shall be conditioned that the operator shall faithfully comply with all provisions of this subchapter until the site is properly abandoned in conformity with the provisions of §§ 9-2-28 and 9-2-29.
(D) The bond or agreement in lieu thereof shall secure the city against all costs, charges and expenses caused by the failure of the principal to fully comply with the provisions of this subchapter. (E) The bond or other security shall be in the amount of $10,000.00, except that one operator or company may post a blanket bond in the sum of $40,000.00 to cover all operations of that company in the city. (F) Whenever the director finds that a default has oc curred in the performance of any requirement of this subchapter, written notice as provided in § 9-2-20 shall be given to the principal and surety on the bond, or depositor, as the case may be. Such notice shall specify the default and demand correction within 30 days, or such longer time as the director may allow, on penalty of forfeiture of the reasonable costs of making the necessary corrections by the city. The director shall proceed by such mode as they deem convenient to cause the required work to be performed and completed. (G) Any bond issued in compliance wi th this section shall be exonerated and the surety relieved of all obligations thereunder when the director certifies that the site has been abandoned in conformity with all regulations of this subchapter.
(H) A substitute bond may be filed in lieu of any bond on file under this section, and the director shall accept and file the substitute bond if it is qualified and in proper form and substance and the bond for which it is substituted shall be exonerated, but only if the director finds that no default exists as to performance upon which the bond is conditioned, to date of substitution. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-28 Abandonment.
(A) Whenever a pit or excavation operation is to be abando ned, the operator shall notify the director in writing of their intention to abandon the pit or operation at least 30 days prior to such abandonment.

(B) The director shall inspec t the site prior to the date of proposed abandonment and notify the operator of what protective devices or structures and what corrective measures are or may be necessary for the protection of adjacent properties and the general public as specified in § 9-2-29. The director shall also notify the property owner and the operator what assurance, if any, they require for the continued maintenance of protective devices and future correction of possible unsafe conditions as may occur. (C) Within 30 days after the abandonment of the pit or operation, the director shall again inspect the site for compliance with § 9-2-29 and notify both the property owner and the operator of their findings. (D) Whenever the director determines that the site has been abandoned in accordance with the provisions of § 9-2-29, they shall so note on the permit.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-29 Standards for inoperative pits.

Each pit not currently in use for commercial extraction operations shall be maintained in accordance with the following minimum standards.
(A) Setback and slopes.
(1) (a) The finished perimeter slope shall not be stee per than 1½ feet horizontal to one foot vertical projecting into the pit from a 50-foot setback adjacent to the perimeter of the property. (b) In addition, where the director determines there is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, they shall establish the setback and slope requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation.

Setback requirements imposed under this division (A)(1)(b) may exceed the 50-foot requirement set forth in this section, in the discretion of the director, but such setbacks may not be less than 50 feet as set forth in division (A)(1)(a) above. Slope requirements may be greater or less than that set forth in division (A)(1)(a) above in the discretion of the director. The applicant may be required to furnish reports and engineering data, as set forth in § 9-2-18, to justify the setback and slope requirement requested in such a case. The director may require such reports in any case.
(c) Where the director determines that the pit extends below or in the future may extend below groundwater elevations, the slopes shall not be steeper than the safe values as determined by the director, based on the reports described in § 9-2-18, which reports may be required by the director in such a case.
(2) These requirements may be modified by the director in cases where safety conditions and engineering and geological data submitted to the director for approval indicate that a less restrictive setback or slope may be permitted.
(B) Diversion of watercourse. No pit shall be maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the director, is likely to produce a diversion of the natural watercourse away from the pit and outside the natural watercourse if flow from the watercourse enters the excavation. (C) Drainage. Adequate provision for conveyance of water across and from the site and for long-term retention of water shall be accomplished so as to minimize potential dangers from landslide and erosion.

(D) Fencing.
(1) Other than in cases where data is submitted to the director for approval and which data indicate to the director that no safety hazards exist, a fence shall be constructed enclosing the area of each existing pit. The fence shall be of steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches.
(2) Gates of the same material and height as the fenc e shall be installed at all points of vehicular or pedestrian ingress and egress. The gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. The fence, gates and locks shall be maintained in good condition and repair.
(E) Correction and repair of protective devices. Whenever the director determines that maintenance of protective devices or structures or the correction of potentially unsafe conditions may be necessary for the protection of adjacent properties and the general public, they shall notify in writing the owner or other responsible person, who shall take such corrective action as necessary and shall post a surety bond or other financial security in an amount sufficient to ensure the continued maintenance of the protective devices for such potentially unsafe conditions. A grading permit will be required for any repair work. The fees for such permit shall be as specified by the grading code of the city unless such fees are waived by the director.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-30 Standards for active operations.

The mining, quarrying and commercial extraction of sand, gravel, rock, aggregate, clay or similar products shall be performed in accordance with the following minimum standards. (A) Setbacks.
(1) No excavation activities shall be carried on within 50 feet of:
(a) The common property line of any parcel of land not used for the same purpose; and (b) The ultimate right-of-way of any public st reet, either existing or whose precise alignment has been adopted by the city council.
(2) In addition, where the director determines th ere is a possibility of potentially hazardous seepage or flow into a pit from a flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, they shall establish the setback requirements based on the preservation of the integrity of the existing flood control channel, reservoir, conservation or flood-retarding basin or natural watercourse, so that the subject property shall continue to receive and carry off waters in a manner equal to that experienced prior to any excavation. (3) Setback requirements imposed under this section may exceed the 50-foot requirement set forth in this section, in the discretion of the director, but such setbacks may not be less than 50 feet, as set forth in division (A)(1) above. The applicant may be required to furnish reports and engineering data, as set forth in § 9-2-18, to justify the setback requirement requested in such a case. The director may require such reports in any case. (B) Slopes.
(1) Where the director determines there is a pote ntially hazardous seepage into a pit from a flood channel, reservoir, conservation or flood-retarding basin or natural watercourse, or where the

director determines that the pit extends below or in the future may extend below groundwater elevations, the finished perimeter slope shall not be steeper than 2½ feet horizontal to one foot vertical, except as provided in division (B)(3) below.
(2) The finished perimeter slope shall not be steepe r than 1½ feet horizontal to one foot vertical projecting into the pit from the required setback line adjacent to the perimeter of the property. (3) Divisions (B)(1) and (B)(2) abov e notwithstanding, the slope requirement may be modified by the director in cases where the director determines that the proposed excavation operations present a potential hazard to adjacent property, or where other safety conditions and engineering or geological data, as described in § 9-2-18, submitted to the director for approval, or as may be required by them, indicate that less restrictive slopes may be permitted or more restrictive slopes may be required.
(C) Diversion of watercourse. No excavation shall be made or pit maintained in or adjacent to the floodplain of any watercourse which by reason of the excavation's shape, location, berm elevations or area, in the opinion of the director, is likely to produce a diversion of a natural watercourse away from the pit and outside the natural watercourse if flow from the watercourse enters the excavation. (D) Drainage. Adequate provisions for conveyance of water across and from the site and for long-term retention of water shall be accomplished in a manner meeting the approval of the director so as to minimize potential dangers from landslide and erosion.
(E) Fencing. Prior to the commencement or continuation of any excavation or extraction operations or the construction or use of any settling basin, a fence shall be constructed enclosing the area of the proposed or existing excavation or settling basin, or the entire site, other than in cases where data are submitted to the director for approval and which data indicate to the director that no substantial safety hazards exist. The fence shall be of a steel, chain link type, and a minimum of six feet in height above the existing grade of property outside the fenced area. The bottom of the fence shall conform to the ground surface so as to prevent any opening between it and the ground surface exceeding four inches. Gates of the same material and height as the fence shall be installed at all points of vehicular or pedestrian ingress and egress. The gates shall be equipped with keyed locks and shall be kept locked at all times when not in regular use. The fence, gates and locks shall be maintained in good condition and repair.
(F) Boundary markers.
(1) The site shall be surv eyed by a registered civil engineer or licensed surveyor and shall be defined by a series of poles (2½-inch pipe) six feet in height measured from the ground level and painted a bright color, which shall be installed and maintained at each change of direction and along the entire length of the subject site in such a manner that an individual standing at one such pole can clearly see the next pole in either direction.
(2) For good cause shown, the director may waive or modify this requirement for any extraction operations that are proposed to result in finished elevations that are not below the average natural ground elevations at the perimeter of the site, or for any extraction operations proposed to be located more than 1,000 feet from any property lines. (G) Posting of signs.
(1) Within 90 days after a permit has been issued pursuant to the provisions of this subchapter, the outer boundaries of the site shall be continuously posted with signs not less than 500 feet apart and at each change of direction of the boundary line in such a manner as will reasonably give notice to passersby of matters contained in such notice, stating in letters not less than four inches in height: "PUBLIC NOTICE" and stating the following in letters not less than one inch in height:

"THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING OR COMMERCIAL EXTRACTION OF

SAND, GRAVEL, ROCK, AGGREGATE, CLAY AND SIMILAR MATERIALS SUBJECT TO PERMITS WHICH HAVE BEEN ISSUED BY THE DIRECTOR OF BUILDING AND SAFETY, CITY OF LAGUNA NIGUEL." (2) The signs shall be of wood or metal and shall be maintained in legible condition at all times. Signs posted in compliance with the SG district regulations of the zoning code shall be considered as satisfying this section. The director may waive this requirement for good cause shown. (H) Ingress, egress and traffic safety.
(1) Roads providing vehicular acce ss to public highways which are used for transporting materials shall be located only at points designated on plans as approved by the city road department.

Adequate sight distance shall be maintained for traffic safety and a distance of not less than 80 feet from the intersection of the drive or access road with the right-of-way line of the public highway shall be paved for a width of not less than 12 feet. (2) In addition, that portion of the access road lying between the right-of-way line and the existing pavement of the public highway shall be constructed in accordance with the terms of an encroachment permit issued by the road department, or, in the case of state highways, issued by the California division of highwaysDepartment of Transportation. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-31 Responsibility for compliance.
(A) (1) The permittee, operator, proper ty owner and their authorized agents, and any other person in control of the property, individually and collectively, are responsible for the observation of and compliance with all the provisions of this subchapter.
(2) Such responsibility shall include the correction of any unsafe condition and the construction and continued maintenance of all fences and other protective devices required by this subchapter or as deemed necessary by the director to protect the general public and adjacent properties. (B) In case the owner or other responsible person sh all fail, neglect or refuse to perform the required corrections, maintenance or repairs within the time specified in § 9-2-20 after being notified in writing to do so by the director, the director shall cause the required corrections, repairs or maintenance to be done, and the cost thereof shall be a charge and expense against the owner and the land. (Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-32 Enforcement.
(A) It shall be the duty of the director to enforce the provisions of this subchapter. If at any time the director finds that any owner, permittee or operator is violating any of the provisions of the subchapter, they may order compliance in the manner provided in § 9-2-20. If compliance does not proceed, the director may, at the end of 30 days, or, in the absence of reasonable assurance given as provided in § 9-2-20, order immediate cessation of operations.
(B) If, in the opinion of the director, an immediate and substantial hazard exists to adjacent property or the general public, the director may order immediate cessation of that portion of the operation which may contribute to such a hazard within the 30-day period provided in § 9-2-20, which cessation shall continue until correction of the hazardous condition.
(Ord. 90-11, § 14, passed 3-6-90)

Created: 2025‐07‐24 16:43:30 [EST]
(Supp. No. 30)

§ 9-2-33 Penalty.

Any person in violation of any of the provisions of this subchapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the city jail for a period of not more than six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this subchapter is committed, continued or permitted by such person, and shall be punishable therefor as provided in this section.
(Ord. 90-11, § 14, passed 3-6-90)
§ 9-2-34 Right of appeal.
(A) The operator, permittee or owner shall have the righ t to appeal determinations of the director under this subchapter within 14 days of any such determination to the grading board of appeals as defined by the grading code of the city, by filing a written request with the director specifically outlining which determinations are being appealed. The operator, permittee or owner may present such evidence as they deem necessary to support his appeal.
(B) The decisions of the grading board of appeals relating to 9-2-29(A), (B) and (C) and 9-2-30(A), (B), (C) and (D) shall be final. All other determinations of this body may be appealed to the city council within 14 days of the decision of the grading board of appeals.
(Ord. 90-11, § 14, passed 3-6-90)
Chapter 3 UNDERGROUND UTILITY DISTRICTS
Subchapter 1. General Pr ovisions, §§ 9-3-1—9-3-13

SUBCHAPTER 1. GENERAL PROVISIONS
§ 9-3-1 Definitions.

For purposes of this subchapter, the following definitions shall apply unless the context clearly indidcates or requires a different meaning.

Commission. The California public utilities commission.

Director. The director of community development of the city.

Person. Includes but is not limited to individuals, firms, corporations and partnerships, and their agents and employees.

Poles, overhead wires and associated overhead structures. Poles, towers, supporters, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communications circuits, appliances, attachments and appurtenances located above ground within a district and used or useful in supplying electric, communication, community antenna television or a similar or associated service.

Underground utility district or district. The area within the city within which poles, overhead wires and associated overhead structures are prohibited, as such area is described in a resolution adopted pursuant to the provisions of § 9-3-4.

Utility. All persons supplying electric, communication, community antenna television or a similar or associated service.
(Ord. 90-11, § 15, passed 3-6-90)

§ 9-3-2 Public hearing.

The city council may from time to time call public hearings to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures within designated areas of the city and the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service. The city clerk shall notify all affected property owners, as shown on the last equalized assessment roll, and all utilities concerned, by mail, postage prepaid, of the time and place of such hearings, at least ten days prior to the date thereof. Each such hearing shall be open to the public and may be continued from time to time. At each such hearing, all persons interested shall be given an opportunity to be heard.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-3 Report by director of community development.

Prior to holding such public hearing, the director of community development or their representative shall consult with all affected utilities and shall prepare a report for submission at such hearing, containing, among other information, the extent of such utilities' participation and estimates of the total costs to the city and affected property owners. Such report shall also contain an estimate of the time required to complete such underground installation and removal of overhead facilities.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-4 Designation of districts.
(A) (1) If, after any such public hearing as described in § 9-3-2, the city council finds that the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and requires the underground installation of wires and facilities for supplying electric, communication, community antenna television or similar or associated service within a designated area, and the city council determines that such undergrounding is in the general public interest for one or more of the following reasons:
(a) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead facilities; (b) The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and
(c) The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public;
(2) the city council shall, by resolution, declare the designated area an underground utility district and shall order the removal and underground installation of such facilities. The decision of the city council shall be final and conclusive.

(B) Immediately following its adoption, th e city clerk shall cause a certified copy of the resolution to be recorded in the office of the county recorder. The resolution shall include a description and map of the area comprising the district, and will also provide that the city council shall by subsequent resolution fix the time within which:
(1) The individual properties in the district must be ready to receive underground service; and (2) Poles, overhead wires and associated overhead structures shall be removed. (C) A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-5 Unlawful acts.

Whenever the city council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in § 9-3-4, it shall be unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ or operate poles, overhead wires and associated overhead structures in the district after the date when the overhead facilities are required to be removed by such resolution, unless such facilities are specifically excluded from the undergrounding requirement in the resolution or except as provided in this article. Overhead facilities may, however, be permitted to remain temporarily, if required to furnish service to an owner or occupant of property, for a reasonable period of time prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in § 9-3-10, and for such reasonable time as is required to remove the facilities after the work has been performed, and as otherwise provided in this subchapter. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-6 Exceptions for emergency or unusual circumstances.

Notwithstanding other provisions of this subchapter, overhead facilities may be installed and maintained for a period not to exceed ten days without authority of the city council in order to provide emergency service.

Additionally, the city council may grant special permission, on such terms as the council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-7 Additional exceptions.

This subchapter and any resolution adopted pursuant to § 9-3-4 shall, unless otherwise provided in such resolution, not apply to the following types of facilities:
(A) Any city facilities or equipment in stalled under the supervision and to the satisfaction of the director of community development;
(B) Poles and associated overhead structures used exclusively for street lighting; (C) Overhead wires which originate on a pole outside th e boundaries of a district and terminate at a point of service on a building within the district;

(D) Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location of the building to another location on the same building or to an adjacent building without crossing any public street;
(E) Antennas, associated equipment and supporting structures, used by a utility for furnishing communications services;
(F) Equipment appurtenant to underg round facilities, such as surface-mounted transformers, pedestal- mounted terminal boxes and meter cabinets, concealed ducts, cable TV pedestals and amplifier cabinets;
(G) Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects; and
(H) Stub poles, anchors and guy wires originating in the district but used to support poles outside the district.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-8 Notice to property owners and utility companies. (A) Notification of creation of district.
(1) Within ten days after the effective date of a resolu tion adopted pursuant to § 9-3-4, the city clerk shall notify all affected utilities and all affected property owners within the district created by the resolution of the adoption thereof. The clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, community antenna television or similar or associated service, they or such occupant, at their own expense, shall provide all necessary facility changes on their premises so as to receive underground service from the underground lines of the supplying utilities, subject to the applicable rules, regulations and tariffs of the respective utilities on file with the public utilities commission and to all other applicable requirements of state laws and city ordinances. (2) Notifications by the clerk shall be made by mailin g a copy of the resolution adopted pursuant to § 9-3- 4, together with a copy of this subchapter, to affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities. (B) Notice of deadline for change of facilities.
(1) Within 15 days of adoption by the city counc il of the resolution fixing the time within which conversions on private property and pole removal must be accomplished, the city clerk shall further notify all affected utilities and affected persons that the work required to change the facilities on the premises so as to receive electric, communication or community antenna television or similar or associated service provided or to be provided by the utility company shall be accomplished on or before the applicable date set forth in the resolution. This notice shall also state the date all poles and related overhead structures are to be removed from within the district. (2) Notification by the clerk shall be made by mailing a copy of this resolution to affected property owners as such are shown on the last equalized assessment roll, and to the affected utilities. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-9 Responsibility of utility companies.

If underground construction is necessary to provide utility service within the district created by any resolution adopted pursuant to § 9-3-4, the supplying utility shall furnish that portion of the conduits, conductors

and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs on file with the public utilities commission and all other applicable requirements of state laws and city ordinances. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-10 Responsibility of property owners.

Every person owning, operating, leasing, occupying or renting a building or structure within a district shall provide for the construction of that portion of the service connection on their property between the facilities referred to in § 9-3-9 and the termination facility on or within the building or structure being served. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-11 Enforcement.

If any person owning, operating, leasing, occupying or renting the property does not comply with § 9-3-10 within the time specified in the resolution adopted pursuant to §§ 9-3-4 and 9-3-8(B), the director of community development shall proceed as follows.
(A) They shall give no tice in writing to the person in possession of such premises, and notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within ten days after receipt of such notice. (B) The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice shall be deposited in the United States mail, in a sealed envelope with postage prepaid, addressed to the person in possession of such premises at such premises, and to the owner thereof. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it is sent within 48 hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the director shall, within 48 hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the premises. (C) The notice given by the director to provide the re quired underground facilities shall particularly specify that work is required to be done and shall state that, if the work is not completed within 30 days after receipt of such notice, the director will provide such required underground facilities, in which case the cost and expense thereof, including engineering, legal, advertising and all incidental expenses, will be assessed against the property benefited and become a lien upon such property. (D) If, upon the expiration of the 30-day period, the required underground facilities have not been provided, the director shall forthwith proceed to do the work; provided, however, that, if such premises are unoccupied and no electric or communication services are being furnished thereto, the director may, in lieu of providing the underground facilities, authorize the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to the property.

Upon completion of the work by the director, they shall file a written report with the city council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall not be less than ten days thereafter. (E) The director shall forthwith, upon the time for hear ing such protests having been fixed, give notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner provided in this section for giving of the notice to provide the required underground facilities, of the time and place that the city council will pass upon such report and will

hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment.
(F) Upon the date and hour set for the hearing of protests, the city council shall hear and consider the report and all protests, if there are any, and proceed to affirm, modify or reject the assessment. (G) If any assessment is not paid within five days after its confirmation by the city council, the amount of the assessment shall become a lien upon the property against which the assessment was made by the director, and the director shall deliver to the assessor and tax collector of the county a notice of lien on each of the properties on which the assessment has not been paid, and the assessor and tax collector shall add the amount of the assessment to the next regular bill for taxes levied against the premises upon which the assessment was not paid. The assessment shall be due and payable at the same time property taxes are due and payable and, if delinquent, shall bear the same penalties as prescribed for delinquent real property taxes.
(Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-12 Responsibility of city.

The city shall remove, at its own expense, all city-owned equipment from all poles required to be removed under this subchapter in ample time to enable the owner or user of such poles to remove the poles within the time specified in the resolution adopted pursuant to § 9-3-4. (Ord. 90-11, § 15, passed 3-6-90)
§ 9-3-13 Extension of time.

If any act required by this subchapter or by a resolution adopted pursuant to § 9-3-4 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished shall be extended for a period equivalent to the time of such limitation. (Ord. 90-11, § 15, passed 3-6-90)