Bedroom. Any habitable room other than a kitchen, bathroom, hallway, dining room, or living room, containing four walls and provides privacy.
Berm. A mound or embankment of earth.
Billboard. See sign definitions, § 9-1-79.
Boarding house, large. Any building or portion thereof with access typically provided through a common entrance to guest room(s) having no cooking facilities and accommodating three or more tenants. Guest rooms are rented for a period of 30 consecutive calendar days or more under separate written or oral rental agreements, leases or subleases or a combination thereof, whether or not the owner, agent or rental manager resides on site.
Boarding house, small. Any dwelling or portion thereof with access typically provided through a common entrance to guest room(s) having no cooking facilities and accommodating a total of two or fewer tenants. Guest rooms are rented for a period of 30 consecutive calendar days or more under separate written or oral rental agreements, leases or subleases or a combination thereof, whether or not the owner, agent or rental manager resides on site.
Buildable portion. The area of a parcel remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area.
Building. An enclosed structure having a roof supported by columns or walls.
Building height. The height of a building relative to the surrounding ground area. The measurement of maximum building height is described in §§ 9-1-33 and 9-1-43.
Building, main. The building containing the main or principal use of the premises.
Building, relocatable. A building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobile homes, construction trailers, and modular buildings.
Building site. A parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. The terms site and building site are interchangeable for the purposes of this code.
Building site area. See definitions under area.
Building site coverage. The relationship between the ground floor area of the buildings and the buildable site area. Carports and parking structures shall constitute ground floor area for purposes of this definition, but unenclosed post-supported roofs over patios and walkways, unenclosed post-supported eave overhangs and swimming pools shall not so constitute ground floor area.
Building site, panhandle or flag. See definitions under lot. Building site, through. A building site having frontage on two parallel or approximately parallel streets. [see "lot, through"] Business park. See Industrial park.
California Environmental Quality Act or CEQA. Refer to the California Public Resources Code § 21000 et seq.
Caretaker. A person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises.
Carport. A roofed structure or a portion of a building which is open on one or more sides, with no door and no through vehicular access, for the parking of automobiles belonging to the occupants of the property.
Certificate of occupancy or certificate of use and occupancy. A permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled.
Child day care center or preschool. A child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions.
Child day care facility. Consistent with the California Health and Safety Code § 1596.750, a facility which provides nonmedical care to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes both child day care centers and child day care homes.
Child day care home or family day care home. Consistent with the California Health and Safety Code § 1596.78 of the state health and safety code, a child day care facility which regularly provides care, protection and supervision of 12 or fewer children in the provider's own home, including children under the age of ten years who reside at the home. However, a child day home also includes facilities which provide care for up to and including 14 children if at least two of the children are at least six years of age and no more than three infants are cared for during any time when more than 12 children are cared for.
City. The City of Laguna Niguel and the Laguna Niguel community services district.
City council. The city council of the city.
Cleaning plant or laundry plant. A central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies.
Clinic, medical. An organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care.
Club. An association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses.
Code. This zoning code unless another code, ordinance or law is specified.
Commercial. Operated or conducted on a frequent basis for the purpose of financial gain.
Commercial center. See shopping center.
Commercial marijuana activity. Includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, dispensing, distribution, delivery or sale of marijuana or marijuana products.
Commercial recreation. Any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges.
Commercial vehicle. A vehicle customarily used as part of a business for the transportation of goods or people.
Commission. The planning commission of the city unless another commission is indicated.
Community apartment project. A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
Condominium. Consistent with the California Civil Code § 13514125, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property.
Convalescent hospital. See managed care facility.
Convenience store. A small retail establishment that primarily sells a limited selection of snacks, prepared or packaged foods, basic household items, and beverage items including beer and wine for offsite consumption. The sale of distilled spirits is prohibited.
Conversion project. An apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development.
Coop apartment or cooperative apartment. A dwelling unit within a stock cooperative (see stock cooperative).
Corner lot. See definitions under lot.
County. The County of Orange unless another county is indicated.
Cultivation. Any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.
Day care center. See child day care center.
Decision-making authority or decision-making body. A person or group of persons charged with making decisions on proposals, applications, or other items brought before the city.
Delivery. The commercial transfer of marijuana or marijuana products to a customer. Delivery also includes the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under California law that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products.
Density. The number of dwelling units per gross acre, unless another area measurement is specified.
Detached ADU. An ADU that is constructed as a separate structure form an existing or proposed single-family dwelling or multifamily dwelling. An accessory dwelling unit attached to the primary structure via a roof, breezeway or covered walkway shall be considered a detached ADU.
Detached structure. A structure which is not an attached structure (see the definition of attached structure).
Development. On land or in or under water: The placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes.
Director or community development director. The community development director of the city or the director's authorized agent or representative.
Disabled. Shall have the same meaning as handicapped.
Dispensary. A facility or location, whether fixed or mobile, where marijuana, marijuana products or devices for the use of marijuana are offered, made available to, or provided, either individually or in any combination, with or without enumeration, for medical, recreation or other purposes.
Distribution. The procurement, sale, and transport of marijuana and marijuana products between entities for commercial use purposes.
District. See zoning district.
District, nonresidential. See nonresidential district.
District, residential. See residential district.
District, special purpose. See special purpose district.
Division. A portion of this zoning code beginning immediately after a lower case letter enclosed by parentheses, e.g., (A), and extending to the next such lower case letter, e.g., (B). (Usage example: “...as stated in division (A) above...”). (See also SECTION.)
Drive-in or drive-thru. Designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle.
Driveway. A vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street.
Driveway approach A designated area between the curb or traveled way of a street and the street right-of- way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway.
Duplex. A permanent building containing two dwelling units on a single lot.
Dwelling. A building or portion thereof designed and used for residential occupancy, but not including hotels or motels.
Dwelling, attached. A main dwelling unit attached to one or more other main dwelling units by means of a roof or common interior wall.
Dwelling, main or primary residence. The dwelling unit permitted as the principal use of a parcel, either by itself or with other dwelling units (as in multifamily buildings).
Dwelling, multifamily. A building containing three or more dwelling units on a single lot or building site.
Dwelling, multifamily additive. A building containing three or more dwelling units on a single lot or building site that is allowed with a discretionary permit when the baseline commercial thresholds have been achieved for the building site pursuant to the general plan designation.
Dwelling patio home. A single-family detached dwelling shifted to one side of the lot; i.e. placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal.
Dwelling, single-family. One main dwelling unit on a single parcel or building site.
Dwelling, single-family detached. A single-family dwelling not attached to any other main dwelling.
Dwelling, townhome. A main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot.
Dwelling unit. One or more rooms, including a bathroom and kitchen, designed and used for occupancy by a single housekeeping unit for living and sleeping purposes.
Dwelling unit, second. See accessory dwelling unit.
Easement. A recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land.
Educational institution. A private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education.
Efficiency kitchen. Includes a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the dwelling unit.
Efficiency unit. A dwelling for occupancy by no more than two persons which has a minimum floor area of 150 square feet, and which may also have partial kitchen or bathroom facilities. Efficiency unit has the same meaning as defined in Section 17958.1 of the Health and Safety Code.
Elevation. The vertical distance above sea level.
Emergency shelter. Defined by California Health and Safety Code § 50801(e) as housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.
No individual or household may be denied access to an emergency shelter because of an inability to pay. Should this Code's definition conflict with California Health and Safety Code § 50801(e), the California Health and Safety Code definition prevails.
Employee's quarters. Quarters, with or without cooking facilities, for the housing of domestic employees and located upon the same building site occupied by their employer.
Enclosed. Roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits.
Exception. A city-approved deviation from a development standard based on the following types of findings by the decision-making authority:
(1) A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and (2) One or more specific findings justifying the particular exception requested.
Fair housing laws. The Federal Fair Housing Act of 1968, being 42 U.S.C. § 3601 et seq. (FFHA), the Americans with Disabilities Act of 1990, being 42 U.S.C. § 12101 et seq. (ADA), and the California Fair Employment and Housing Act, being California Government Code 12900 et seq., (FEHA), as each statute may be amended from time to time, and each statute's implementing regulations.
Family day care home. See child day care home.
First story. The lowest story of a building which qualifies as a story, as defined in this article, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade for more than 50 percent of the total perimeter of the building or not more than eight feet below grade at any point (see also basement).
Flag. See sign definitions, § 9-1-79.
Flag lot or panhandle lot. See definitions under lot.
Flood. A general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground.
Flood insurance rate map (FIRM) or Flood boundary and floodway map. The official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city.
Floodplain. The land area adjacent to a watercourse and other land areas susceptible to being inundated by water.
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.
Floodway. The channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Floor area, gross. The total square footage of all floors and mezzanines of a building, including the exterior walls thereof but excluding courtyards and other outdoor areas.
Floor area ratio. The numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the buildable site area.
Free-standing sign. See sign definitions, § 9-1-79.
Front lot line. See definitions under lot line.
Gas station. The same as service station, but without auto repair or tune-up services.
Garage. A building or portion of a building used primarily for the parking of motor vehicles.
General and professional office. An establishment where business, administrative, or professional services are provided. This includes offices for accountants, attorneys, architects, engineers, real estate and insurance services, administrative or corporate functions, and similar professional activities. This use does not include medical offices or clinics.
General plan. The general plan of the city.
Government code. The California Government Code.
Grade, average. The elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land.
Grade, average finish. The elevation determined by averaging the highest and lowest elevations of a parcel, building site, or other defined area of land after final grading.
Grade, finish. The ground elevation at any point after final grading.
Grading. The filling, excavation or other movement of earth for any purpose.
Gross acreage. The land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre.
Gross density. See density.
Gross floor area. See floor area, gross.
Gross lot or parcel area. See lot area, gross.
Group home. T dwelling or portion thereof that is being used as a supportive living environment for persons who are considered disabled under state or federal law. Group homes shall not include the following:
(1) state licensed residential care facilities; and
(2) any group home that operates as a single housekeeping unit.
Guest house. An attached or detached dwelling unit which has sanitary facilities, but no cooking facilities, and which is used primarily for sleeping purposes by members of the family occupying the main residence and their non-paying guests or domestic employees.
Habitable area. The interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Habitable area does not include a garage or any accessory structure.
Habitable room. Any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room.
Handicapped. As more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.
Hazardous waste. A waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity, or flammability, or its physical, chemical, or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(2) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
Home for the aged. See convalescent home.
Home occupation. An occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See § 9-1-35.10.
Hospital. A facility licensed by the state department of health services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients.
Hotel. Any establishment with access provided through a common entrance, lobby or hallway to guest rooms each having a private bath attached thereto which are typically rented on a daily basis for the purpose of providing overnight lodging to the general public for compensation.
Household. All the people occupying a dwelling unit.
Household pet. A domesticated animal, such as a dog, cat, bird, rodent (including a rabbit), fish or turtle, that is traditionally kept in the home for pleasure rather than for commercial purposes.
Identification sign. See sign definitions, § 9-1-79.
Industrial park, business park, or office park. A nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a single project, with landscaping, amenities, and common off- street parking provided to serve all uses on the property.
Integral facilities. Any combination of two or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.
Integral uses. Any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.
Intensity. The level of development or activity associated with a land use, as measured by one or more of the following:
(1) The amount of parking required for the use per this code; (2) The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics; (3) The floor area occupied by the use; and
(4) The percentage of the building site occupied by the use or by the structure containing the use.
Interior lot line. See definitions under lot line.
Junior accessory dwelling unit (JADU). A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure.
Kennel or animal shelter. Any property where four or more dogs, four or more cats, or other small animals over the age of four months, are kept or maintained for any purpose except veterinary clinics and hospitals.
Kitchen. Any room all or part of which is designed and/or used for the cooking or other preparation of food.
Land use. See use.
Land use intensity. See intensity.
Landfill, sanitary. An area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material.
Laundry plant. See cleaning andplan or laundry plant.
Liquor store. A retail establishment that primarily sells alcoholic beverages for off-site consumption, including distilled spirits, wine, beer, and related products.
Livable space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.
Live entertainment. Any act, play, revue, pantomime, scene, dance, or song, or any combination of the foregoing performed in person either indoors or outdoors by one or more persons, with or without compensation for their performance.
Living Area. See habitable area.
Lodging house. See boardinghouse.
Lot. An area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this Code. Types of lots and their definitions are as follows:
(1) Corner lot means a lot abutting two streets intersecting at an angle of not more than 135 degrees. If the angle of intersection is more than 135 degrees, the lot is an "interior lot." (2) Flag or panhandle lot or building site means a lot or building site having its only vehicular access by way of a narrow accessway which serves no other property and which is less than 40 feet wide and more than 20 feet long.
(3) Interior lot means a lot abutting only one street or abutting two streets which intersect at an angle greater than 135 degrees.
(4) Key lot means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. (5) Reverse corner lot means a corner lot, the rear of which abuts the side of another lot. (6) Through lot means a lot with frontage on two parallel or approximately parallel streets. (7) Lot area. See definitions under Area.
(8) Lot frontage means the length of the front lot line.
Lot line or property line. Any boundary of a lot. The classifications of lot lines and their definitions are as follows:
(1) Front lot line means:
(a) on an interior lot, the line separating the lot from the street; (b) on a corner lot, the shorter lin e abutting a street. (If the lot lines are equal or approximately equal, the Director shall determine the front lot line); and
(c) on a through lot, the lot line abutting th e street providing primary access to the lot. (2) Interior lot line means any lot line not abutting a street. (3) Rear lot line means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten-foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this Code. (4) Side lot line means any lot line which is not a front or rear lot line.
Low barrier navigation center. Defined by California Government Code § 65660(a) as a housing-first, low- barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. 'Low barrier' means best practices to reduce barriers to entry, including, without limitation: Allowing pets, permitting partners to share living space, and providing storage for residents' possessions. Should this Code's definition conflict with the California Government Code section definition of this term, the Government Code definition prevails.
Lowest floor. With regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood-resistant enclosure, 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 that such
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enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP overlay district, § 9-1-54.3.
Main building. The building containing the principal use on the premises.
Main dwelling. See dwelling, main
Managed care facility or project. Means and includes the following:
(1) Assisted living facilities. Facilities providing care on a monthly basis or longer which are the primary residence of the people served. Such facilities provide services to residents such as the following:
Dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such facilities may be located in more than one building and/or on contiguous parcels within the building site. (2) Convalescent hospitals. Facilities licensed by the state department of health services which provide bed and ambulatory care for seven or more patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A "convalescent hospital" may also be known as a nursing home, convalescent home, rest home, or home for the aged.
(3) Residential care facilities. Facilities licensed by the state to provide living and treatment facilities on a monthly or longer basis for seven or more of the following: Wards of the juvenile court, elderly persons, mentally disordered persons, developmentally disabled persons, persons undergoing treatment for alcohol or drug abuse, handicapped persons, or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law.
Manufacture. To compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.
Manufactured home. See mobile home.
Marijuana. Any or all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin or separated resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin, including marijuana infused in foodstuff or any other ingestible or consumable product containing marijuana. The term "marijuana" shall include "medical marijuana" as such phrase is used in the August 2008 Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, as may be amended from time to time, that was issued by the office of the Attorney General for the State of California, or for the purposes set forth in California Health & Safety Code §§ 11362.7 to 11362.83 (Medical Marijuana Program Act).
Marijuana accessories. Any equipment, products or materials for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.
Marijuana activity. Any commercial marijuana activity, cultivation of marijuana, delivery of marijuana, distribution of marijuana, dispensing marijuana, manufacture of marijuana, sale of marijuana, the personal use and medical use of marijuana to the extent prohibited by § 9-1-55, and the operation or establishment of a medical marijuana cooperative, dispensary, delivery service, operator, or provider.
Marijuana products. Marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.
Master plan of arterial highways. A component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city.
Master plan of drainage. An engineering report outlining the drainage facilities needed for the proper development of the city.
Median. A paved or planted area separating a street or highway into opposite-direction travel lanes.
Medical clinic. See clinic, medical.
Medical office or clinic. An establishment where licensed healthcare professionals provide outpatient examination, consultation, and treatment of physical or mental health conditions. Medical offices may include physicians, dentists, chiropractors, therapists, and similar practitioners, but not to include hospitals, or facilities providing in patient or overnight care.
Mini-storage facility. A building containing various size storage compartments not exceeding 500 square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers.
Minor use permit. See section 9-1-114.
Mobile home or manufactured home. A residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. § 5401 et seq..
Mobile home park or mobile home development. Any area or tract of land used to accommodate mobile homes for human habitation, including pads for mobile homes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobile home parks and mobile home subdivisions. See § 9-1-35.17.
Monument sign. See sign definitions, § 9-1-79.
Motel. An establishment containing guest rooms with most or all guest rooms gaining access from an exterior walkway on a daily basis for the purpose of providing overnight lodging to the general public for compensation.
Multifamily dwelling or residence. See dwelling, multifamily.
Net lot area. See definitions under area.
Net project area or net site area. See definitions under area.
Noncommercial coach. A vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses.
Nonconformity. See section 9-1-121.
Nonconforming use. See § 9-1-121.
Nonconforming lot. See § 9-1-121.
Nonconforming structure. See § 9-1-121.
Nursery, day care. See child day care facility.
Nursing home. See convalescent home.
Office park. See industrial park.
Official zoning map. See zoning map.
Offsite hazardous waste facility. Any structures, other appurtenances or improvements on land used for the treatment, transfer, storage, resource recovery, disposal, or recycling of hazardous waste, including but not limited to:
(1) Incineration facilities (i.e. ro tary kiln, fluid bed, etc.);
(2) Residual repository (i.e. receiving only resid uals from hazardous waste treatment facilities); (3) Stabilization/solidif ication facilities;
(4) Chemical oxidation facilities;
(5) Neutralization/precipit ation facilities; or
(6) Transfer/storage facilities.
Open space. Consistent with the open space component of the general plan, an area of land, creek, river, pond, or lake, public or private, which is used predominantly for passive forms of recreation but may also allow some active recreation use. Open space includes open space corridors, greenbelt areas, landscaped slopes, and conservation areas, and may also include bikeways and riding and hiking trails.
Open space, useable. Open space which is predominately level (i.e. slopes less than 5%) but which may contain some steeper land (i.e. with slopes up to 20%) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of 15 feet in width and 300 square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways, or bicycle trails.
Operator. A company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator.
Panhandle lot or flag lot. See definitions under lot.
Paragraph means a portion of this zoning code beginning immediately after a lower case letter enclosed by parentheses, e.g. (a), and extending to the next such lower case letter, e.g. (b). (Usage example: "...as stated in paragraph (a) of this section...") (see also section and subsection.) Parcel. An area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms lot and parcel are interchangeable for purposes of this code.
Parking accessway. A vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas.
Parking structure. A structure which is open or enclosed and is used for the parking of motor vehicles.
Parkway. The area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space.
Patio home. See dwelling, patio home
Permitted use. A land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code.
Person Any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.
Planned unit development. A residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project.
Portable sign. See sign definitions, § 9-1-79.
Precise plan or Precise plan of development. The plan or plans for a project, development, or other entitlement approved by the decision-making authority. A precise plan may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics.
Precise plan of highway alignment. A plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines.
Primary residence. See main dwelling.
Principal use. The primary or predominant use of any parcel or structure.
Private residence. A house, an apartment unit, a mobile home, or other similar dwelling.
Projecting sign. See sign definitions, § 9-1-79.
Property line. A lot line or parcel boundary.
Proposed dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.
Public agency. The United States, the state, the county or any city within the county, or any political subdivision or agency thereof.
Public transit. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.
Rear lot line. See definitions under lot line.
Recreational vehicle means:
(1) Any vehicle or trailer designed and used for te mporary habitation, including motorhomes, travel trailers, and pick-up trucks with camper shells;
(2) Components or accessories to a vehicle designed and used for temporary habitation, such as camper shells and cab-over campers;
(3) Boats and other watercraft;
(4) Vehicles not permitted for street use, such as dune buggies and off-road motorcycles; and (5) All trailers, including but not limited to trailers de signed to transport other recreational vehicles, and all other utility trailers.
Recycling. The process by which waste products are reduced to raw materials and transformed into new products.
Referral facility. A residential care facility or a group home where one or more person's residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.
Relocatable building. See building, relocatable.
Residential care facility. A residential facility licensed by the state where care, services, or treatment is provided to six or fewer persons living in a supportive community residential setting. Residential care facilities include but may not be limited to the following: Intermediate care facilities for the developmentally disabled; community care facilities; residential care facilities for the elderly; residential care facilities for the chronically ill; alcoholism and drug abuse facilities; pediatric day health and respite care facilities; residential health care facilities, including congregate living health facilities; family care home, foster home, group home for the mentally disordered or otherwise disabled persons or dependent and neglected children. (see also managed care facility) Residential, multifamily. See dwelling, multifamily.
Residential, single-family. See dwelling, single-family.
Restaurant. An establishment where food and/or beverages are offered, with 11 or more seats. Examples include fine dining, casual sit-down dining, fast food establishments, and other uses deemed to be similar by the community development director.
Restaurant, drive-thru. A restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles.
Rest home. See convalescent home.
Retail. The selling of goods or merchandise directly to the ultimate consumer.
Retail food. An establishment where food and/or beverages are offered and primarily intended for off- premise consumption, with ten or fewer seats, and with no alcohol sales. Examples include ice cream shops, delicatessens, baked good establishments, and other uses deemed to be similar by the community development director.
Retail store. An establishment selling goods or merchandise directly to the general public, including supermarkets, specialty grocers (e.g., organic, ethnic, or gourmet food retailers), warehouse or discount stores, and stores selling apparel, furniture, appliances, hardware, building materials (excluding lumber yards), or similar goods.
Reverse vending machine. A machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return.
Riding and hiking trail. A trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles.
Right-of-way. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.
Roof sign. See sign definitions, § 9-1-79.
Sale. Any transaction whereby, for any consideration, title to marijuana is transferred from one person to another, and includes the delivery of marijuana or marijuana products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of marijuana or marijuana products by a licensee to the licensee from whom such marijuana or marijuana product was purchased.
Satellite dish antenna. An apparatus capable of receiving communications from a manmade satellite.
Scenic highway. Any highway designated a scenic highway by an agency of the city, state or federal government.
Section. A portion of this zoning code beginning immediately after a four- to seven-digit number beginning with "9-1", e.g. 9-1-12 or 9-1-161.2, and extending to the next such four- to seven-digit number, e.g. 9-1-162. (See also Division.)
Senior citizen. A person 55 years of age or older.
Senior citizen residence. A residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens.
Service. An act or any result of useful labor which does not in itself produce a tangible commodity.
Service station. A retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles, including light auto repair and tune-up. A convenience store accessory to the automotive use may be included in the definition of service station. However, though other auto-oriented uses such as car washes and fast food restaurants may share
the same site with service stations, these are not included within the service station definition. Also see gas station.
Setback. The distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line, or other specified boundary. (See also yard.) Shopping center or commercial center. A commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and off-street parking provided to serve all uses on the property.
Short-term rental. The use of any dwelling unit or portion thereof for a period of less than 30 consecutive calendar days in exchange for compensation, financial or otherwise.
Side lot line. See definitions under lot line.
Sidewalk sale or parking lot sale. The temporary outdoor display and sale by a retail business of merchandise which is normally displayed indoors at the same location as the outdoor sale. (See also special commercial event.) Sign. See sign definitions, § 9-1-79.
Single-family dwelling or residence. See dwelling, single-family.
Single housekeeping unit. The occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units. Additional indications that a household is not operating as a single housekeeping unit include but are not limited to: The occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators.
Single room occupancy (SRO) facility or SRO hotel. A residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared.
Site. See building site.
Site coverage. See building site coverage.
Site development permit or development permit. See § 9-1-114.
Slope or slope gradient. The vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a 20 percent gradient" (usually used to describe natural as opposed to manufactured, slopes).
Slope ratio. The steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes).
Sober living home. A group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law. Sober living homes shall not include the following:
(1) state licensed residential care facilities; and
(2) any sober living home that operates as a single housekeeping unit.
Special center-wide event. The temporary outdoor display and sale of merchandise, or arts and crafts shows, fairs, entertainment, or similar events within a commercial center. (See also sidewalk sale).
Specific plan. A plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and state government code section 65450 et seq.
Stock cooperative. A corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy.
Storage. A place where goods, materials, and/or personal property is placed for more than 24 hours.
Story. The portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it.
Street. A public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways.
Structure. Anything that is erected or constructed having a fixed location on the ground or attached to something on the ground and which extends more than 30 inches above the finish grade. A mobile home or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. (Note: For the coastal zone only, section 9-1-116.1 defines the term structure differently.)
Subsection. A portion of a section of this zoning code designated by a section number followed immediately by a lowercase letter; for example, "subsection 9-1-165.1(a)." (see also section and paragraph.) Supportive housing. Defined by Has the same meaning as in the California Government Code § 65582:650(a) as “housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.” Should this Code's definition conflict with the California Government Code section definition of this term, the Government Code definition prevails.
Surgicenter. A medical establishment or clinic in which patients are examined and treated on an outpatient basis only.
Swimming pool. An artificial body of water containing or normally capable of containing water to a depth of 18 inches or more at any point, designed, constructed and used for swimming, dipping or immersion purposes by humans. This includes, but is not limited to, in-ground, above-ground, and on-ground pools, hot tubs, portable and non-portable spas, and fixed in-place wading pools.
Tandem parking. Two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
Temporary use. A land use established for a specified period of time and which is discontinued at the end of such specified time.
Tobacco and nicotine product retailer. A retail establishment that primarily sells tobacco products, nicotine products, electronic smoking devices, or similar products, including cigarettes, cigars, pipe tobacco, smokeless tobacco, electronic cigarettes, vape devices, nicotine delivery systems, and related products.
Townhome. See dwelling, townhome.
Transient basis. For a continuous period of two weeks or less.
Transitional housing. Defined by Has the same meaning as the California Government Code § 65582:(j) as “buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.”
Should this Code's definition conflict with the California Government Code section definition of this term, the Government Code definition prevails.
Two-unit attached dwelling. See dwelling, two-unit attached.
Ultimate right-of-way. The right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown on the master plan of arterial highways.
Use or land use. The purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained.
Use permit or conditional use permit. See § 9-1-114.
Variance. See § 9-1-114.
Vehicular accessway. A private, nonexclusive vehicular easement affording access to abutting properties.
Veterinary clinic. A place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use.
Wall sign. See sign definitions, § 9-1-79.
Yard. An open space on a parcel of land unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows:
Front yard. A yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: The front lot line or its tangent or the ultimate street right-of-way or its tangent.
Rear yard. A yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: The rear lot line or its tangent or the ultimate street right-of-way or its tangent.
Side yard. A yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a 90-degree angle to whichever of the following results in the greatest setback: The side lot line or its tangent or the ultimate street right-of-way or its tangent.
Zoning code or code. The zoning code of the city, i.e. division 1 of article 2 of title 9 of the city municipal code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference.
Zoning district or district. An area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards.
Zoning map or official zoning map. A map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development standards required, and other applicable provisions of this code. (Ord. 99-107, § 5, passed 2-2-99; Ord. 2011-163, § 3, passed 5-3-11; Ord. 2016-184, § 2, passed 10-4-16; Ord. 2017-187 § 2, passed 6-6-17; Ord. 2018-194, § 2, passed 6-5-18; Ord. 2019-197, § 3, passed 6-4-19; Ord. 2021-
210, §§ 77—80, passed 8-3-21; Ord. 2021-211, §§ 7, 8, passed 8-3-21; Ord. 2022-216, § 5, passed 7-19-22; Ord. 2022-216, § 5, passed 7-19-22; Ord. 2023-223, § 5, passed 6-20-23; Ord. 2024-228, § 3(Exh. 1), passed 5-21-24) Appendix A. Precise plans for "RP" district.
(A) Approved precise plans for each project within the RP planned residential district. (B) Per § 9-1-33.2, all setbacks and other development standards within each project shall conform to its applicable precise plan.
(Ord. 99-107, § 5, passed 2-2-99)
Editor's note(s)—Appendix A, Precise plans for "RP" dist rict, is included herein by reference. Copies of said appendix A are on file in the city community development department.
Appendix B. South Laguna specific plan/local coastal program. (Ord. 99-107, § 5, passed 2-2-99)
Editor's note(s)—Appendix B, South Laguna specific plan/l ocal coastal program, is included herein by reference.
Copies of said appendix B are on file in the city community development department.
Appendix C. Aliso Creek planning unit local coastal program. (Ord. 99-107, § 5, passed 2-2-99)
Editor's note(s)—A ppendix C, Aliso Creek planning unit local coastal program, is included herein by reference.
Copies of said appendix C are on file in the city community development department. §§ 9-1-143—9-1-199 Reserved.
SUBCHAPTER 3. SUBDIVISION CODE
ARTICLE 1. GENERAL PROVISIONS
§ 9-1-200. Title.
This article may be cited as the subdivision code.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-201 Purpose.
(A) The purpose of this article is to provide regulations and controls for the design and improvement of subdivisions in the city, in accordance with the Subdivision Map Act. (B) Other purposes of this article are:
(1) To implement the city's general plan;
(2) To provide regulations and contro ls, within the law, over the use of land in the city for the health, safety and welfare of present and future residents of the city; and (3) To provide a procedure for lo t line adjustments in the city. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-202 Prohibitions.
(A) No person shall offer to sell or lease, contract to sell or lease, sell or lease, finance any parcel of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a final tract map is required by this article, until such map thereof, in full compliance with the provisions of this article and the Subdivision Map Act, has been filed for record by the county recorder.
(B) No person shall sell, lease or finance any parcel of real property or commence construction of any building for sale, lease or financing thereon, except for model homes, or allow occupancy thereof, for which a parcel map is required by this article, until such map thereof, in full compliance with the provisions of this article and the Subdivision Map Act, has been filed for record by the county recorder. (C) No permit to develop any real property which has been divided or which has resulted from a division in violation of the Subdivision Map Act or this article shall be granted by any officer or employee of the city or by the planning commission or the city council unless a certificate of compliance has been issued and recorded for the property to be developed in accordance with subchapter 3, article 15. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-203 Director defined; enforcing officer.
Any reference to the director in this subchapter shall be to the director of community development. The director shall be responsible for enforcing the provisions of this subchapter. (Ord. 90-11, § 13, passed3-6-90)
§ 9-1-204 Subdivision manual.
The director of community development shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this article. Such rules, procedures and interpretations shall be referred to as the subdivision manual. The subdivision manual and any amendments to it shall not be effective until they are approved by action of the city council. Copies of the subdivision manual shall be made available to the public at a cost sufficient to pay for printing.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-205 Subdivision committee.
(A) (1) There is hereby established a subdivision committee. (2) The committee shall consist of the following members or their duly authorized representatives:
(a) The director of community development;
(b) The city engineer; and
(c) The city attorney.
(3) The director of community development shall serve as chairman of the committee, and the committee shall select a vice-chairman. The city health officer, the city fire chief, the city police chief and the city traffic engineer shall provide advice and recommendations to the subdivision committee regarding specific subdivision proposals when so requested by the director of community development. (B) The subdivision committee shall review all tentative tr act maps and tentative parcel maps and shall report findings; recommended actions, including approval or denial; and recommended conditions for approval to the planning commission.
(C) The subdivision committee shall review and make re commendations to the planning commission and city council on petitions for reversion to acreage.
(D) The subdivision committee shall revi ew all lot line adjustments and shall have authority to approve such adjustments, with the exception of those petitions which are deemed to be of a major or controversial nature, in which case the subdivision committee shall refer the adjustments to the planning commission for action with its recommendations.
(E) The subdivision committee shall perform such other duties as may be specified by the director of community development or the city council.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 90-17, § 4, passed 4-17-90; Ord. 91-48, § 3, passed 11-5-91) § 9-1-206 Authority of planning commission.
(A) The city planning commission is here by designated as an advisory agency as that term is used in the Subdivision Map Act and shall have the authority to review and approve, conditionally approve or disapprove tentative tract maps and tentative parcel maps and lot line adjustments that are referred to the planning commission by the subdivision committee.
(B) The city planning commission is hereby designated as an appeal board as that term is used in the Subdivision Map Act for hearing appeals from actions of the subdivision committee with respect to lot line adjustments. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 4, passed 11-5-91) § 9-1-207 Processing and filing fees.
Fees to cover the costs incurred by the city in processing maps, plans and requests filed pursuant to the provisions of the Subdivision Map Act and this article shall be paid to the city in compliance with the fee resolution adopted by the city council.
(Ord. 90-11, § 13, passed 3-6-90)
§§ 9-1-208, 9-1-209 Reserved.
ARTICLE 2. DEFINITIONS
§ 9-1-210 Modification of Map Act definitions.
The definitions in the Subdivision Map Act shall govern the meaning of words in this subchapter, except as follows:
Terms Used in
This Subchapter
Equivalent Terms in
Subdivision Map Act
Final tract map Final map
Tract map Final map
Final parcel map Parcel map
Tentative tract map Tentative map
Tentative parcel map Tentative map
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-211 Applicability of zoning code, grading code and Map Act definitions.
Unless otherwise defined in this subchapter, words and phrases used in this article shall be deemed to have the same meaning applied to them in the city zoning code, the city grading and excavation code, and the Subdivision Map Act.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-212 Subdivision code definitions.
(A) All references to this § 9-1-212 shall include §§ 9-1-213 through 9-1-230. (A)(B) For the purpose of this subchapter, the following definitions shall apply unless the content clearly indicates or requires a different meaning.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-213 Definitions. (A)
Advisory agency. The city planning commission is the advisory agency for the items specified in § 9-1-206, and the subdivision committee is the advisory agency for items specified in § 9-1-205.
Appeal board. The city council is hereby designated as an appeal board as that term is used in the Subdivision Map Act, for appeals from the planning commission with respect to tentative tracts, tentative parcel maps and lot line adjustments. The city planning commission is, as specified in § 9-1-206, the appeal board for hearing appeals on actions of the subdivision committee with respect to lot line adjustments. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 5, passed 11-5-91) § 9-1-214 Definitions. (B)
Building site. A parcel, or contiguous parcels, of land which was established in compliance with the building site requirements in subchapter 2.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-215 Definitions. (C)
City engineer. The city engineer of the city.
City standards. City standard specifications as adopted by the city council.
Community apartment project. A project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon.
Condominium. An estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential, industrial or commercial building on such real property, such as an apartment, office or store. A condominium may include in addition a separate interest in other portions of such real property.
Condominium project. An entire parcel of real property divided or to be divided into condominiums, including all structures thereon.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-216 Definitions. (D)
Driveway. A designated passageway providing vehicular access between a street and a garage or carport, a parking area, or other driveway or street. A driveway shall not be considered a street. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-217 Definitions. (E)
Easement. A recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over such land.
Engineering geologist. A person duly certified in the state to practice engineering geology. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-218 Definitions. (F)
Flood control work or drainage work. All means of conveying or storing stormwater, including natural watercourses, improved drainage channels, retarding basins, closed conduits or pipes and authorized or existing flood control channels; and also the control of sedimentation.
Flood hazard. The capability of flowing water or mixtures of soils and water to impair or to damage buildings and other structures and their functions, to erode natural and modified land surfaces, including channels and watercourses, and to deposit eroded material on either public or private property in a damaging or impairing manner and amount.
Flood hazard, possible. Possible extension of areas denoted as subject to flood, including also the uncertainty of the degree or extent of bank erosion.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-219 Definitions. (G)
Grading code. The city grading and excavation code.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-220 Definitions. (H)
Hillside. A parcel of land or a definable portion thereof with an average slope of ten percent or more, or an average rise or fall of one foot or more vertically for each ten feet horizontally. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-221 Definitions. (I)
Improvement. Such street work and utilities to be installed or agreed to be installed on the land proposed to be subdivided by any person to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final tract or parcel map thereof. The term "improvement" also refers to such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council, or by a combination thereof, is necessary or convenient to ensure conformity to or implementation of the city's general plan or any adopted specific plan.
Inundation. Ponded water or water in motion of sufficient depth to damage property due to the mere presence of water or to deposition of silt.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-222 Reserved.
§ 9-1-223 Definitions. (M)
Master plan of drainage. An engineering report adopted by the city council pursuant to California government code § 6668366483, which outlines the local drainage facilities, but not including necessary onsite or regional facilities, needed for proper development of a specific area of the city. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-224 Reserved.
§ 9-1-225 Definitions. (P)
Person. Any individual, firm, copartnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business 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)
§ 9-1-226 Definitions. (R)
Remainder parcel. The portion of a parcel of land which is not to be included within the boundaries of the final parcel or tract map.
Right-of-way. A specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-227 Definitions. (S)
Slope, manmade. A manufactured slope consisting wholly or partly of either cut or filled material.
Soil engineer. A civil engineer duly registered in the state whose field of expertise includes soil mechanics.
Stock cooperative. As defined in the Subdivision Map Act.
Street. public or private vehicular right-of-way, other than an alley or driveway, including both local streets and arterial highways.
Subdivider. As defined in the Subdivision Map Act.
Subdivision. As defined in the Subdivision Map Act.
Subdivision Map Act. California Government code § 66410 et seq. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-228 Reserved.
§ 9-1-229 Definitions. (V)
Vehicular access rights. The right of persons to gain entry or exit with a vehicle to or from a street or driveway to or from abutting land.
(Ord. 90-11, § 13, 3-6-90)
§ 9-1-230 Definitions. (Z)
Zoning code. The city zoning code.
(Ord. 90-11, § 13, 3-6-90)
ARTICLE 3. TYPES OF MAPS PERMITTED
§ 9-1-230.1 Maps and Procedures.
Four different types of maps and procedures are available for the purpose of creating subdivisions and lots.
Certain subdivisions may be created without following a map procedure. (Prior Code, Title 9, Division 1, Article 3, Subarticle 3) § 9-1-231 Tentative tract maps.
A tentative tract map is a preliminary map that is used whenever a parcel or a number of contiguous parcels of land is proposed to be subdivided for the purpose of creating five or more lots, five or more condominium units, the conversion of five or more existing dwelling units to a stock cooperative, or a community apartment project containing five or more apartment units, except as otherwise specified by § 9-1-232 or § 9-1-235. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-232 Tentative parcel maps.
A tentative parcel map is a preliminary map that is used whenever a parcel or contiguous parcels of land is proposed to be subdivided for the purpose of creating less than five lots, less than five condominium units, or a community apartment project containing less than five apartment units, or where:
(A) The land before divisio n contains less than five acres, each parcel proposed to be created by the subdivision will abut upon a maintained public street or highway, and all dedications and improvements required by city standards will have been previously complied with; (B) Each parcel proposed to be created by the subdiv ision will have a gross area of 20 acres or more and a right of vehicular access for a continuous width of not less than 20 feet to a maintained public street or highway;
(C) The parcel of land proposed to be subdivided is within a tract of land zoned for commercial or industrial uses and abuts streets or highways which have been approved by the city as to alignment and width and to which it has a right of vehicular access for a minimum continuous width of not less than 28 feet; or
(D) Each parcel proposed to be created by the subdiv ision will have a gross area of not less than 40 acres or not less than a quarter of a quarter section.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-233 Final tract maps.
A subdivision may be created by the recordation of a final tract map that is in substantial conformance with all or a portion of an approved tentative tract map. Each final tract map shall include all or an approved portion of the approved tentative tract map. It shall be filed in compliance with the provisions of this article, the Subdivision Map Act and the subdivision manual.
Cross-reference:
Subdivision Map Act, see § 9-1-227
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-234 Final parcel maps.
(A) A subdivision may be created by the recordation of a final parcel map that is in substantial conformance with an approved tentative parcel map or with a portion of an approved tentative parcel map which complies with the provisions of § 9-1-232(C). A final parcel map may also be recorded on portions of a tentative tract map when such portions comply with the specifications of § 9-1-232(B), (C) or (D). It shall be filed in compliance with the provisions of this article, the Subdivision Map Act and the subdivision manual. (B) A parcel map shall be based upon a field survey, exce pt that a parcel map may be compiled from a record data when the city engineer determines that the subdivision does not require a field survey, provided the map complies with the provisions of the Subdivision Map Act. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-235 Exceptions.
Certain types of land divisions and transactions may be completed without complying with the entire tentative and final tract or parcel map procedure, as specified in this section. (A) (1) A request for determination as to the status of any parcel of land created as a result of a lease or conveyance specified by divisions (A)(2)(a) through (A)(2)(i) below may be submitted in compliance with the certificate of compliance procedure as stated in subchapter3, article 15. Neither a tentative nor a final tract or parcel map is necessary for the following:
(a) The financing or leasing of apartments, offi ces, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; (b) Mineral, oil or gas leases;
(c) Land dedicated for cemetery purposes under the California health and safety code; (d) Leases of agricultural land for agricultural purposes; (e) Short-term leases, terminable by either party on not more than 30 days' notice in writing, of a portion of the operating right-of-way of a railroad corporation defined as such by California public utilities code § 230;
(f) Subdivisions in which every parcel ha s a gross area of 60 acres or more; (g) Lot line adjustments;
(h) Conveyances of land for rights-of-way to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such a public utility; however, in any of these instances, a tentative and final tract or parcel map may be required if the director of community development determines that a map is necessary for purposes of public health and safety or for the general welfare.; and
(i) Boundary line or exchange ag reements to which the state lands commission or a local agency holding a trust grant of tide and submerged lands is a party. (B) A final parcel map is not required when waived pursu ant to the provisions of subchapter 3, article 13. (C) A request for certificate of compliance may or ma y not require a tentative map, as specified by the director.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-236 Vesting tentative maps.
A vesting tentative map is a map which confers a vested right to proceed with development for a specified time after recordation.
(A) A vesting tentative map is at the option of the subdivider and shall not be a prerequisite to any proposed subdivision or application for development.
(B) A vesting tentative map shall be identified on the submittal as a vesting tentative map. (C) A vesting tentative map is limited to development of the property per the applicable regulations in existence at the time of approval of the vesting tentative map or per division (D) below. (D) Whenever a subdivider files a vesting tentative map whose intended development is inconsistent with the zoning ordinance in effect at the time, the inconsistency shall be noted on the vesting tentative
map, and the vesting tentative map shall be processed subject to the provisions of § 9-1-254, pertaining to zoning conformance.
(E) A vesting tentative map shall be processed in the same manner as a tentative map. However, previously approved tentative maps which were not approved as vesting tentative maps may be so approved only if refiled and processed in compliance with all requirements in this subchapter. (F) The provisions of § 9-1-258, pertai ning to period of validity and extensions, shall apply to an approved or conditionally approved vesting tentative map.
(G) The vested right for a recorded subdivision map sha ll be for a period of one year beyond the recording date of the final map or parcel map, and shall confer on such maps all rights described in California government code §§ 66498.1 through 66498.8. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map, the one-year time period shall begin when the final map or parcel map for that phase is recorded. Prior to the expiration of the initial one-year period, the developer may apply for a one-year extension of the period of the vested right to the planning commission. If the extension is denied, the developer may appeal that denial to the city council within 15 calendar days.
(H) The provisions of § 9-1-257, pertaining to modifica tion of maps and conditions of approval, shall apply to an approved or conditionally approved vesting tentative map. (I) Fees for the filing and processing of vesting tentative maps shall be the same as the fees established for the filing and processing of tentative maps. However, the city council may establish by resolution an additional fee to cover additional costs incurred by the processing of vesting tentative maps, including an extension of time.
(J) Fees for development permits (e.g., building an d grading permits) filed per an approved vesting tentative map or a recorded vesting final/parcel map shall be the fees in effect at the time of issuance of such permit.
(Ord. 90-11, § 13, passed 3-6-90)
ARTICLE 4. FILING OF TENTATIVE MAPS
§ 9-1-237 Types of maps covered.
This article pertains to tentative parcel maps and tentative tract maps. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-238 Form and contents.
Tentative maps shall conform with such requirements as to form and contents as may be specified by the director of community development in the subdivision manual. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-239 Persons who may file.
Any property owner who proposes to subdivide his property may file a tentative map. Any person who proposes to subdivide property that is legally owned by another person may file a tentative map for such property with the written consent of the legal owner of record.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-240 Certification of ownership.
Each tentative map shall be signed by the property owner or owners of record, and shall be accompanied by evidence of ownership of the real property proposed for subdivision. When any portion of a tentative map includes property that is owned by a public agency, the certification of ownership need not include the signatures for such ownerships, provided such portions are clearly identified on the map. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-241 Title report.
Tentative maps shall be accompanied by a preliminary title report which discloses all possessory interests and interests of record in the land being subdivided, when determined to be necessary by the director of community development.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-242 Environmental documents.
(A) Tentative maps shall be acco mpanied by appropriate environmental documents in accordance with CEQA, being California Public Resources Code 21000 et seq.
(B) (1) When it has been determined that an environmental impact report or a negative declaration is required for a tentative map, the application for the tentative map shall not be deemed complete until the applicant has deposited with the community development department sufficient funds to pay for the costs of preparing the environmental impact report or negative declaration. (2) The director of community development shall determine the amount of funds required to be deposited for the preparation of an environmental impact report or negative declaration, and so advise the applicant of that amount within ten days after the application is filed with the community development department. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-50, § 3, passed 12-3-91) § 9-1-243 Soils report.
(A) (1) Unless the requirement is waived by the direct or of community development pursuant to division (B) below or deferred pursuant to division (C) below, tentative maps shall be accompanied by a preliminary soils report based upon adequate test borings and prepared by a registered civil engineer. (2) If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils report on each proposed lot in the subdivision containing any such soils problem shall accompany the tentative map. Such reports shall include recommended corrective action which is likely to prevent structural damage. (B) The director may waive the preliminary soils report required by division (A) above for tentative tract maps where he determines that it is unnecessary because the city already has sufficient information as to the qualities of the soils in the proposed subdivision, and for tentative parcel maps. (C) The director may defer the requirement for a prelimin ary soils report until the submission of a final tract or parcel map.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-244 Additional information.
(A) (1) Tentative maps shall be accompanied by such addi tional information as may be specified by the director of community development.
(2) The director shall have the authority to include among such requirements geologic, seismic and hydrology reports; aerial photographs and transparent overlays; grading, site development and landscaping plans, including building setback lines; evidence from the proposed sewering agency and water supplier with respect to their capability of serving the proposed subdivision; fire protection and fuel modification reports; and any other information reasonably relevant to proposed subdivisions. (B) The director may require differin g amounts of supplementary information, depending upon the type of map involved, the scope of the proposed subdivision, and the anticipated environmental impacts of the subdivision.
(C) The director may require the submission of additional information after the filing of tentative maps as necessary.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-245 Reserved.
ARTICLE 5. PROCEDURES FOR TENTATIVE MAPS
§ 9-1-246 Types of maps covered.
This article pertains to tentative parcel maps and tentative tract maps. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-247 Filing.
(A) Tentative maps shall be filed with the director of community development, who shall accept such maps only when he determines that the requirements for filing a tentative map established by this article and the Subdivision Map Act have been satisfied. The date a tentative map is filed shall be the date it is accepted by the director.
(B) Each tract or parcel map shall be identified by a number prominently displayed on the face of the map issued by the county surveyor.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-248 Copies to concerned agencies.
(A) Where a local agency has filed a territorial map with the director of community development pursuant to the Subdivision Map Act, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the local agency within three days of the date the tentative map is filed.
(B) When the California department of transportation ha s filed with the city council a map of territory within one mile on either or both sides of any state highway routing pursuant to the California government code, the director shall forward a copy of any filed tentative map which is located wholly or partially within the territory outlined on the territorial map to the district office of the department of transportation within three days of the date the tentative map is filed.
(C) Within three days of the date a tentative map is filed, the director shall give notice of the filing to the governing boards of the school districts within which the proposed subdivision is located pursuant to the California government code.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-249 Time for action.
The planning commission shall act upon a tentative map within the time specified in the Subdivision Map Act unless:
(A) An extension of time for action is mutually consented to by the subdivider and the planning commission, in which case the map shall be acted upon within the time agreed upon; or (B) The subdivider withdraws the map.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 6, passed 11-5-91) § 9-1-250 Reports and recommendations.
Reports and recommendations on tentative maps shall be in writing and shall be provided to the subdivider at least three days prior to the date action on the map is scheduled, provided that a subdivider:
(A) May waive this requirement; and
(B) May consent to the receipt by the planning commission of additional recommendations; and provided further that a subdivider shall be deemed to have consented unless the subdivider specifically objects to the form and timeliness of such additional recommendations prior to the time the planning commission takes action on the tentative map.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 7, passed 11-5-91) § 9-1-251 Review of tentative maps.
Each tentative map shall be reviewed by the planning commission, which shall approve, conditionally approve or disapprove it.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 8, passed 11-5-91) § 9-1-252 Substitution of revised maps.
A revised tentative map may be submitted at any time prior to action on the map by the planning commission. The time for action on a tentative map specified in § 9-1-249 shall recommence upon the acceptance by the director of community development of a revised tentative map. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 9, passed 11-5-91)
§ 9-1-253 Meetings and hearings.
(A) The planning commission shall act on tentative maps at regularly scheduled meetings when the matter has been duly placed upon the commission's agenda. Public hearings shall not be required for the consideration of tentative maps, provided that the director of community development may set any map for public hearing before the planning commission when it has been determined that it would be in the public interest to do so.
Whether or not a map is considered at a public hearing, the planning commission shall conduct its meetings in the same manner as public hearings, and all interested persons shall be given an opportunity to address the planning commission on any matter pertaining to a proposed subdivision. (B) Where approval of a tentative map will constitute a substantial or significant deprivation of the property rights of other landowners, notice shall be given to all persons shown in the latest equalized assessment roll as owning property within 300 feet of the property proposed to be subdivided by at least one of the following methods:
(1) Direct mailing to the owners;
(2) Posting of notice on and off the site in th e area where the project is to be located; (3) Delivery of notice by any means other than mail to the owners; and (4) Any other methods reasonably determined to provide actual notice. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 10, passed 11-5-91) § 9-1-254 Zoning conformance.
(A) The planning commission shall not approve or cond itionally approve a tentative map which does not conform with applicable zoning, except as provided in division (B) below. (B) A tentative map may be approved when it conforms with zoning which has been recommended for adoption by the planning commission, on the condition that the zoning must become effective prior to recordation of the final tract or parcel map.
(C) A tentative map shall not be approved if it is apparent that any proposed parcel cannot be developed to its intended use without the modification of site development standards. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 11, passed 11-5-91) § 9-1-255 Findings required.
A tentative parcel map or tentative tract map shall be approved or conditionally approved only if the planning commission makes the following findings:
(A) The proposed map is consistent with the city's general plan. (B) The design and improvement of th e proposed subdivision is consistent with the city's general plan. (C) The site is physically su itable for the proposed type of development. (D) The requirements of CEQA , being California Public Resources Code 21000 et seq. have been satisfied. (E) The site is physically su itable for the proposed density of development. (F) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or their habitat.
(G) The design of the subdivision and the proposed im provements are not likely to cause serious public health problems.
(H) The design of the subdivision and the proposed im provements will not conflict with easements of record or established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision, or, if such easements exist, that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public.
(I) The design and improvement of the proposed subd ivision are suitable for the uses proposed and the subdivision can be developed in compliance with the applicable zoning regulations pursuant to § 9-1- 254.
(J) The subdivision is not located in an area for which fees to fund facilities and services have been adopted and imposed, or conditions of approval of the subdivision are imposed obligating the subdivider to pay any applicable fees before recordation or enter into an agreement securing such payment before recordation, or the subdivision would not allow development of a project which would contribute to the need for facilities for which a fee is required. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 12, passed 11-5-91) § 9-1-256 Additional findings required.
(A) The planning commission shall determine whether th e discharge of waste from the proposed subdivision into an existing community sewer system, where such a system exists, would result in or add to a violation of existing requirements prescribed by either the Santa Ana or San Diego Regional Water Quality Control Boards. If it is determined that the proposed waste discharge would result in or add to such a violation, the planning commission shall disapprove the tentative map unless there are extenuating or overriding considerations, in which case these shall be stated.
(B) If a subdivision fronting upon the coastline or shorelin e or upon a public waterway, river or stream, or upon a lake or reservoir owned in part or entirely by a public agency, does not provide public access to such public resources through the subdivision itself in accordance with the requirements of §§ 9-1-286, 9-1-287 and 9-1- 288, the planning commission shall find that reasonable public access to the resource in question is otherwise available within a reasonable distance from the subdivision. If this finding cannot be made, the map shall be disapproved.
(C) If the planning commission approves or conditionally approves a tentative map which deviates from any standard of design as allowed by § 9-1-291, the commission shall make a finding that each such deviation has been individually considered and found to be justified based upon specific special circumstances which apply.
(Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 13, passed 11-5-91) § 9-1-257 Modification of maps and conditions of approval. (A) Upon the request of the subdivider, approved tentative maps may be modified and conditions of approval may be modified or deleted by the planning commission. In all cases, the director of community development shall attempt to notify any third parties who had previously indicated an interest in the matter of the planning commission's scheduled consideration of the modification. (B) Modifications shall be considered by the planning commission in the manner, and in accordance with the notice requirements, where applicable, set forth in § 9-1-253(B). (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 14, passed 11-5-91)
§ 9-1-258 Period of validity; extensions.
(A) An approved or conditionally approved tentative map sh all expire 24 months after its approval or conditional approval, unless prior to the expiration date the subdivider requests an extension of time to record the map. (B) The planning commission may grant an extension of time for the map to be recorded for a period not exceeding a total of three years beyond the original date of expiration. (C) An extension may be gran ted only where it will not result in conditions or circumstances contrary to the public health and safety and the general welfare.
(D) Denial of a request for extension may be appealed by the subdivider to the city council within 15 days of the action by filing an appeal with the director of community development. (Ord. 90-11, § 13, passed 3-6-90; Ord. 91-48, § 15, passed 11-5-91) § 9-1-259 Appeal to planning commission.
(A) Except as provided in § 9-1-258, any interested person may appeal to the planning commission from any action of the subdivision committee by filing an appeal with the director of community development within ten days of the action.
(B) The appeal shall identify the action being appealed, specify why the appellant is dissatisfied with the action, and suggest alternative action.
(C) The director shall bring the matter before the planning commission for hearing within 30 days after the date of filing the appeal. The subdivider and the appellant, if other than the subdivider, shall be given at least ten days' notice of the planning commission's hearing. Where applicable, notice shall be given in the manner set forth in § 9-1-253(B).
(D) The planning commission may affirm, reverse or modify any recommendations or rulings 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)
§ 9-1-260 Appeal to city council.
(A) Any interested person may appeal to the city council from any action of the planning commission by filing an appeal with the city clerk within ten days of the action. (B) The appeal shall identify the action being 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 of community development, the subdivider and the appellant, if other than the subdivider, shall be given at least ten days' notice of the council's hearing. (D) The city council may affirm, reverse or modify any recommendations or rulings of the planning commission, 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 planning commission. 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)
§§ 9-1-261, 9-1-262 Reserved.
ARTICLE 6. STANDARDS OF DESIGN
§ 9-1-263 Conformance with standards of design.
Subdivisions shall be designed in conformance with the standards of design set out in this article. Deviations from these standards may be requested pursuant to § 9-1-291. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-264. Consistency with general plan and specific plans.
Subdivisions shall be designed and improved so as to be consistent with the adopted city's general plan and any applicable adopted specific plan, and the objectives, policies and general land uses and programs specified therein.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-265. Compliance with zoning code.
Subdivisions shall be designed in such a manner that all proposed lots comply with applicable zoning regulations in a manner that will permit the establishment of the proposed uses without further deviations or variances as stated in § 9-1-254.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-266. Boundary lines.
(A) Tentative map boundaries shall be drawn so as to include all of the area of all abutting parcels which are owned by the same property owner and proposed for boundary alteration. However, when any land is proposed to be divided in such a way that the subdivision will include a portion of such land, any portion with a contiguous gross area of five acres or more which is not proposed to be included within the subdivision may be identified by reference on the tentative map. (B) A portion of a tentative parcel map may be designated as a remainder for the purpose of an exception to the survey requirements, in compliance with the following provisions:
(1) Any remainder shall have a gross area of five acres or more; (2) Any remainder so designated shall not be considered to be a building site; and (3) Any remainder so designated shall not be improved with any building or structure that is subject to the requirements of the Uniform Building Code 2025 California Building Code and related codes.
(C) (1) Whenever a parcel of real property lies partially within the city and partially within an unincorporated area, any proposal to subdivide such real property shall be consistent with existing city boundaries. (2) No lot or parcel, except proposed public or private street rights-of-way, shall be partially within the city and partially within an unincorporated area.
(3) Any portion of such real property lying within any unincorporated area shall be included on the tentative map for the purpose of showing the remainder parcel, but any approving action on the tentative map by the city shall not be construed as approval of any design or improvements shown within the unincorporated area.
(D) Regardless of its size, no portion of any property sh own on the latest equalized county assessment roll as a unit or contiguous units shall be excluded from within the boundaries of a subdivision for the purpose of avoiding dedication or improvement of any street, drainage or flood control facility. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-267 Lots and parcels.
(A) Each lot or parcel being created by a subdivision shall be either numbered or lettered. If it is numbered, it must comply with the requirements of a building site as defined in subchapter 2. (B) Lettered lots or parcels may not be used as building sites and need not comply with the requirements for a building site.
(C) Lettered lots other than streets shall be labeled as to their intended use. Numbered lots may be labeled as to their intended use.
(D) A numbered lot which is platted so that it is in more than one zoning district shall comply with area and width requirements of the zoning district having the greater requirements. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-268 Arterial highways.
If an existing or proposed arterial highway or transportation corridor as shown on the master plan of arterial highways (a component of the circulation element of the city's general plan) is located so that any portion of such highway lies within or adjacent to a subdivision, the highway or corridor shall be shown on the map in a width and in an alignment corresponding to the master plan of arterial highways, and the highway or corridor shall be designed in accordance with the standard plans or applicable specific plan adopted by the city council. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-269 Private streets.
Private streets shall be permitted, pursuant to conditions specified in the subdivision manual, only when the local agency finds that the occupants of the subdivision will be better served and the welfare of the general public will not be impaired thereby.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-270 Restricted access to highways.
Subdivisions shall be designed so as to limit vehicular access to highways shown on the master plan of arterial highways.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-271 Street widths.
Subdivisions shall be designed in conformance with the standard plans adopted by the city council, except:
(A) Streets in residential districts re quiring a building site area of 15,000 square feet or more and where no sidewalks are to be installed shall have a right-of-way that will provide a parkway width of at least four feet;
(B) Private streets serving four or less parcels as access to a public street shall provide for a minimum pavement width of 16 feet within a minimum 20-foot-wide right-of-way; (C) Private streets serving five parcels or more as access to a public street shall provide for a minimum pavement width of 28 feet within a minimum 40-foot-wide right-of-way; and (D) Streets in a subdivision which provides an approved alternate pedestrian circulation system shall have rights-of-way that will provide a minimum parkway width of at least four feet. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-272. Dead-end or cul-de-sac streets.
Dead-end streets shall be terminated by a turnaround having a diameter which will maintain a parkway width uniform with that of the street. No such dead-end street shall exceed a length of 1,000 feet measured along the centerline thereof from the center point of the turnaround to its centerline intersection with a through street. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-273. Local street, highway and driveway grades.
Local street and highway grades shall be no less than 1.0%, reverse grade vertical curves excepted. Private driveway grades shall be no less than 0.5%, reverse grade vertical curves excepted. Highway grades shall not exceed 6%, and local street grades shall not exceed 10%. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-274 Curved local street and highway radii.
The centerline radii of curves on local streets or highways shall be not less than:
(A) One thousand five hundred fifty feet on highways shown on the master plan of arterial highways as major arterial highways;
(B) One thousand four hundred feet on highways sh own on the master plan of arterial highways as primary or secondary arterial highways;
(C) Five hundred fifty feet on collector streets; and
(D) Two hundred fifty feet on local streets.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-275 Local street lengths.
Local streets shall not exceed 1,000 feet in length without a significant change in alignment. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-276 Local street and highway corner cutoffs and corner radii.
All local street and highway corner cutoffs and corner radii shall be designed in conformance with the standard plans as adopted by the city council.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-277 Sidewalks and pedestrian ways.
(A) Sidewalks shall be designed in accordance with the standard plans adopted by the city council and located as follows:
(1) Along both sides of arterial highways;
(2) Along all commercial and industrial frontage;
(3) Along both sides of collector streets;
(4) Along residential frontage where the required mi nimum building site area is less than 15,000 square feet and the lots have access to the street, except in those instances where an alternate pedestrian circulation system is proposed;
(5) Along all streets leading dire ctly to a school, a designated school bus stop or a park; and (6) Where the sidewalk will provide a conti nuation or link between other sidewalks. (B) Additional pedestrian ways not abutting a street sh all be provided when necessary for access to schools, recreation and other public areas. These pedestrian ways shall not be less than six feet in width. (Ord. 90-11, § 13, passed 3-6-90)
Sec. 9-1-278 Bicycle and equestrian trails.
Where the city's general plan or any officially adopted specific or precise plan designates a bikeway or equestrian trail as lying wholly or partially within any proposed subdivision, the necessary right-of-way for the bikeway or equestrian trail shall be shown on the map in compliance with such adopted plans, and bikeways shall be designed in accordance with the standards adopted by the city council. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-279 Street lighting.
Street lighting shall be provided along and at the intersections of all arterial highways and local streets in accordance with the illumination levels specified in the standard plans, except as otherwise approved by the city engineer.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-280 Underground utility lines.
(A) Utility lines, including but not limited to electric, communications, street lighting and cable television, shall be required to be placed underground within any new, revised or reactivated residential subdivision. The subdivider is responsible for making the necessary arrangements with the utility companies for the installation of such facilities. For the purposes of this division (A), appurtenances and associated equipment such as but not limited to surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts in an underground system, may be placed above ground within the street right-of-way where sufficient right-of-way width exists so as not to pose a serious hazard to pedestrian traffic. If approved by the director of community development, utility lines, the main purpose of which is to provide service to customers outside of the original boundaries of the subdivision, and those utility lines which were in service in the area covered by the tentative tract or tentative parcel map prior to the filing of the tentative map, may be placed above ground.
(B) Required undergro und utility lines may be located in street or alley rights-of-way or along any lot line. (C) Overhead utility lines shall be located at the rear of lots or parcels where practical, and the poles supporting such overhead lines shall not be installed within any street, alleyway, drainage easement or flood control channel.
(D) Aboveground installation of utilit ies shall be permitted on a temporary basis when such utilities are required during construction; provided, however, that such utilities shall be removed or placed underground prior to the final exoneration of street improvement bonds.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-281 Sewers.
All lots intended for development shall be connected to a sanitary sewer system unless the health officer has determined that each lot is adequate to accept a private septic system. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-282 Drainage and erosion control.
(A) Tentative maps shall illustrate the existing and prop osed manner in which water drains onto, across and off of the land being subdivided, including the facilities and easements necessary to accommodate the drainage. (B) If a subdivider unnaturally concentrates or diverts surface water running onto adjacent land, the map shall illustrate the manner in which such water will be accepted and disposed of. (C) If an existing or proposed flood control channel, as shown on an officially adopted flood control plan, is located so that any portion of it lies within or adjacent to a subdivision, the channel shall be illustrated on the map as a lettered lot in a width and in an alignment corresponding to the flood control plan.
(D) Where any lot is designed in such a manner that it will not drain with a minimum 1% grade directly to a street or common drainage facility, it shall be designed in a manner that will conform to the following criteria.
(1) Lots shall be designed in such a manner that manmade slopes are not subject to sheet flow or concentrated runoff from either the same or an adjacent lot. (2) All water flowing down manmade slopes, except that falling on each slope shall be constrained within an approved drainage device.
(3) All water flowing from one lot to or across anothe r lot shall be within an approved drainage device located within a properly executed easement, where appropriate. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-283 Manmade slopes.
(A) Human-made slopes shall be designed so that they can be conveniently maintained so as to minimize erosion, slope failure and unsightly conditions.
(B) This section does not apply to human-mad e slopes five feet in height or less. (C) All human-made slopes shall be shown on tentative ma ps and shall be classified, labeled and designed as follows:
(1) Type A: Those proposed to be maintained by a pu blic agency or by a group, such as a homeowners' association, and which are located either adjacent to an arterial highway or within a park, greenbelt or other public or common open space area;
(2) Type B: Those proposed to be maintained by a group, such as a homeowners' association, and which are located within or adjacent to individual lots and which are not within a park, greenbelt or other public or common open space area; and
(3) Type C: Those proposed to be maintained by indi viduals and which are located within individual lots in such a manner that they are inappropriate for maintenance by a group such as a homeowners' association.
(D) Human-made slopes shall be designed to resemble na tural terrain where feasible, with a minimum of long, flat, inclined plane surfaces and acute angles.
(E) Human-made slopes shall be no steeper than two feet horizontal to one foot vertical. (F) The maximum height of manmade slopes in excess of (ste eper than) five feet horizontal to one foot vertical shall be as follows:
(1) Type A: No maximum;
(2) Type B: 35 feet; and
(3) Type C: 20 feet.
(G) Human-made slopes shall not be constructed one on top of another or combined in such a manner so that they exceed the maximum heights specified in division (F) above. However, this limitation shall not apply to adjacent slopes on land abutting the subdivision, provided there is a visual and physical break of at least ten usable feet, exclusive of drainage facilities, between the top of the lower slope and the toe of the upper slope.
(H) Lettered lots shall not include type C slopes, unless su ch slopes will be directly visible from the probable building pad on the lot.
(I) Automatic irrigation systems shall be incorporated into the design of type A and type B slopes. An irrigation system connected to the water system serving the main use of the lot shall be incorporated into the design of type C slopes.
(J) The design of manmade slopes shall include landscaping in accordance with the requirements of § 9-1-285. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-284 Parks.
Local parks shall be shown on the tentative map as required by the local park code and in a manner consistent with the city's general plan.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-285 Landscaping and screening.
The design of the areas listed in this section shall include appropriate landscaping for aesthetic, noise suppression, fire protection and erosion control purposes:
(A) Manmade slopes greater than five feet in height;
(B) Common areas;
(C) Roadway medians and parkway areas;
(D) Lots containing existing significant trees or other plants proposed to be preserved; (E) Fuel breaks; and
(F) Other open space areas.
(Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-286 Coastal zone subdivisions.
Any proposed subdivision lying wholly or partially within the coastal zone shall be designed to comply with and implement the goals, policies and various components of the land use plan of the applicable certified local coastal program.
(A) All tentative tract maps and tentative parcel maps shall be processed in compliance with the provisions of § 9-1-118, pertaining to the CD coastal development district, and with the appropriate coastal zone regulations in any applicable specific plan, in addition to the provisions of this article. Each tentative tract and tentative parcel map is considered to be a discretionary permit for purposes of compliance with § 9-1-118 and with the appropriate coastal zone regulations in any applicable specific plan. (B) Prior to the approval of any tentative tract or parc el map, the advisory agency shall make the following finding in addition to the findings required by §§ 9-1-255 and 9-1-256: "The tentative map is consistent with the applicable certified land use program and with the approved coastal development permit." If this finding is not made and if a coastal development permit has not been approved, the tentative map shall not be approved. However, an application for a coastal development permit may accompany the tentative map and be processed concurrently with the map. (C) (1) When the certified local coastal program indi cates the location of a public accessway or of any permanent open space or conservation area within the boundaries of a proposed subdivision, such accessway, open space or conservation area shall be shown on the tentative map. When an accessway,
open space or conservation area is already in existence at the time a tentative map is filed, the status of such accessway, open space or area, whether public or private, and the OR number, if dedicated to the city, shall be identified on the map. When the exact location of a proposed accessway, open space or conservation area is not known at the time the tentative map is filed, a reservation, not to exceed 1½ times the actual accessway, open space or conservation area, may be shown, accompanied with a statement that the accessway, open space or conservation area will be located within the reservation area shown. The tentative map shall indicate whether the proposed accessway, open space or conservation area is to be private or public, whether it is in compliance with the local coastal program, and who will be responsible for the operation and maintenance of such accessway, open space or conservation area. Prior to recordation of the final map, the offer of dedication or easement for the accessway, open space or conservation areas that are proposed to be dedicated to the city shall be submitted to the director of community development.
(2) Within 15 working days after the documents have been submitted to the director of community development, the advisory agency shall make the following findings, if appropriate:
(a) The exact location of the acce ssway, open space or conservation area is within the reserved area shown on the approved tentative map;
(b) The accessway, open space or conservation ar ea is consistent with the land use plan of the certified local coastal program; and
(c) All of the proposed language of the document, including any accompanying maps and conditions, complies with all applicable policies and programs of the city. (D) When a tentative map accompanies or follows a co astal development permit, the period of validity of the approval of the tentative map, and of any extension of time, shall be concurrent with the period of time during which the coastal development permit or any extension thereof is valid. (E) After the final map and the dedication documents have been recorded, the director of community development shall forward a copy of the recorded documents, together with a copy of the approved tentative map, a copy of the coastal development permit, and all applicable conditions and findings of approval to the executive director of the coastal commission. (Ord. 90-11, § 13, passed 3-6-90)
§ 9-1-287 Rivers and streams.
(A) Any proposed subdivision fr onting upon a public waterway, river or stream shall be designed so as to provide reasonable public access by fee or easement from a public highway to and along that portion of the bank of the river or stream bordering or lying within the proposed subdivision. The extent, width and character of the public easement shall be reasonably defined to achieve reasonable public use of the public waterway, river or stream consistent with public safety.
(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 the easement may be for a foot trail, bicycle trail or horse trail; (2) The size of the subdivision;
(3) The type of riverbank and the various appropriate recreational, educational and scientific uses, including but not limited to swimming, boating, diving, fishing, waterskiing, scientific collection and teaching; and
(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