Accordingly, the city shall not issue any permit, license, or other entitlement for any activity for which a state license is required under the MAUCRSA. The city shall also not issue any local license for any activity for which a state license is required under the MAUCRSA to a non-profit entity pursuant to Cal.
Bus. and Prof. Code 26070.5.
(D) To the extent not already prohibited above, all deliveries of Cannabis or Cannabis products, to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any Cannabis or Cannabis products which delivery either originates or terminates within the city. This section shall not prohibit any person from transporting Cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city. (E) To the extent not already prohibited above, cultivation of Cannabis for noncommercial purposes, including cultivation by a qualified patient or primary caregiver as those terms are defined in state law, is expressly prohibited in all zones in the city. No person shall cultivate any amount of Cannabis in the city, even for medicinal purposes, except for personal Cannabis cultivation in accordance with
16.79.040 below, and where the city is preempted by federal or state law from enacting a prohibition on such activity.
(F) This section does not prohibit Cannabis testing laboratories, which are laboratories and permitted in all zones where laboratories are permitted. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) § 16.41.040 PERSONAL CANNABIS CULTIVATION PERMIT.
(A) Permit required. Prior to commencing any personal Cannabis cultivation, the person(s) owning, leasing, renting, occupying, or having charge or possession of any legal parcel or premises where personal Cannabis cultivation is proposed to occur must register for a personal Cannabis cultivation permit with the city. No person shall engage in personal marijuana cultivation unless that person has a current valid personal Cannabis cultivation permit from the city, pursuant to this chapter. (B) Personal Cannabis cultivation application. An applicant shall submit a complete personal Cannabis cultivation application to the Director on a form provided by the city, and proof of payment of the permit fee, in an amount set by resolution of the City Council. Within 30 calendar days of receiving the application, the Director shall either accept the application for processing, or return the application to the applicant with a written description of the reasons for rejection of the application. The cultivation application shall include the following information:
(1) The property address where the Cannabis will be cultivated; 391
(2) The name and age of each person owning, leasing, occupying or having charge of any legal parcel or premises where Cannabis will be cultivated; (3) The name and age of each person who will participate in the Cannabis cultivation;
(4) Property owner acknowledgment of personal Cannabis cultivation at the subject property, affirmed under penalty of perjury, if the property owner is different from the applicant; (5) A cultivation plan which includes a scaled property site plan and a scaled diagram of the floor plan within the residence or fully-enclosed accessory structure to be used for personal cultivation at the personal Cannabis cultivation site, and an itemized list of measures taken to comply with the provisions of this section including, but not limited to, odor control, security, electrical and building and safety provisions, as well as any Cannabis accessories that will be used for personal Cannabis cultivation; and
(6) A signed consent form authorizing city staff, including the Fire and Police Department, the authority to conduct an inspection of the site used for the personal cultivation of Cannabis, upon 24-hours’ notice for the purpose of verifying compliance with this chapter. (C) Application approval. Upon verification of the information described in division (B), above, the Director shall issue a notice of decision of a personal marijuana cultivation permit within 60 calendar days, pursuant to the following findings:
(1) The applicant meets all the requirements of this section, and any regulations promulgated under this chapter.
(2) The applicant for the permit and the personal Cannabis cultivation site are both in compliance with state law, including but not limited to, Cal. Health and Safety Code §11362.1, 11362.2 and 11362.3, as may be amended.
(D) Permits not transferable. A personal Cannabis cultivation permit issued pursuant to this chapter is non-transferable and is specific to the permit holder and the private residence or fully-enclosed accessory structure for which it is issued.
(E) Permit renewal. A personal Cannabis cultivation permit issued under this chapter shall automatically expire one year after the notice of decision. Permit renewal shall be requested through compliance with the procedures for issuance of a permit as provided in this section. An applicant for a permit renewal shall be required to pay a permit renewal fee in an amount to be set by resolution of the City Council. However, an applicant for permit renewal shall not be required to submit a new cultivation plan (pursuant to division (B)(5) above), provided the personal Cannabis cultivation site follows the original cultivation plan and the permit holder is not engaged in additional or expanded Cannabis cultivation, as affirmed in the renewal form. Renewal applications must be received at least 30 calendar days prior to such expiration.
(F) Permit revocation. Permits issued under this section may be revoked by the Director, following notice to the permit holder and an opportunity to submit written comments on the proposed revocation, upon making any of the following findings:
(1) The permit was issued in error or the cultivation plan (pursuant to division (B)(5) above) included incorrect information;
(2) The Cannabis cultivated at the personal cultivation site has been sold or used for any commercial activity which is prohibited under this chapter, or any other use or activity has occurred that is prohibited by Cal. Health and Safety Code §11362.1, 11362.2 or 11362.3, as may be amended; (3) Violation of any of the provisions of this chapter has occurred at the Cannabis cultivation site;
(4) The personal Cannabis cultivation site has become a public nuisance or has been operated in a manner constituting a public nuisance; (5) The Cannabis cultivation is not in compliance with the conditions of the permit; or 392
(6) (a) The permit holder has engaged in an activity for which the personal Cannabis cultivation permit could have been denied originally.
(b) Appeals. The applicant may appeal the Director’s decision on an application, renewal or revocation of a personal Cannabis cultivation permit to the Planning Commission and the Planning Commission’s decision to the City Council, pursuant to Chapter 16.206 of the code. An appeal of a decision on a personal Cannabis cultivation permit is not timely if not filed within 15 days of the date of the notice of the Director’s (or Planning Commission’s) decision. (G) (1) Personal Cannabis cultivation is only permitted when all of the following conditions and standards are met:
(2) Generally:
(a) Residence. Personal Cannabis cultivation is permitted only on parcels with residential units where the personal Cannabis cultivation permit holder resides full-time. Personal Cannabis cultivation permit holders shall not participate in personal Cannabis cultivation in more than one location within the city. Personal Cannabis cultivation activities may only occur within a residential unit, garage or fully-enclosed accessory structure.
(b) Visibility. From the public right-of-way, there shall be no exterior evidence of personal Cannabis cultivation. All personal Cannabis cultivation authorized by this section shall be conducted inside a private residence or within a fully-enclosed accessory structure. (c) Security. Any structure used for personal Cannabis cultivation shall be secured with locks to prevent unauthorized entry and/or theft, and remain secure at all times. (d) Code compliance. The personal Cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products or waste. The cultivation area shall be in full compliance with the city Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code.
(e) Number of plants. Cultivation shall not exceed six living marijuana plants of any size per private residence.
(f) Cultivation area. Personal marijuana cultivation must occur within a cumulative area totaling no larger than 100 square feet. (g) Ventilation. Any multi-family dwelling used for personal marijuana cultivation must have a ventilation and filtration system installed in the dwelling unit that shall prevent marijuana plant odors from exiting the interior of the unit, and shall comply with all applicable building code regulations, including obtaining all required permits and approvals for the ventilation and filtration system. Personal Cannabis cultivation shall not create humidity or mold within the private residence or fully-enclosed accessory structure in violation of the Building Code, as adopted by the city, or the city’s health and safety regulations, as codified in Chapter 150 Building Regulations of the city municipal code. (h) Residential structure. The primary residence shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for Cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
(i) Accessory structure. A fully-enclosed accessory structure, as defined herein, shall be located within the rear yard area of any legal parcel or premises. The structure shall maintain a minimum setback of 10-feet from any property line and the marijuana plants shall not be visible from outside the structure.
(H) Upon 24-hours’ notice, the city may conduct an inspection of the private residence or fully enclosed accessory structure used for personal Cannabis cultivation for the purpose of verifying compliance with this chapter.
(Ord. 1272, passed 12-4-17)
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§ 16.41.050 ADMINISTRATIVE REGULATIONS.
The City Manager and his/her designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter. (Ord. 1272, passed 12-4-17)
§ 16.41.060 VIOLATIONS.
In addition to any other remedy available under law, violations of this subchapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 14, of this code. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) § 16.41.070 PUBLIC NUISANCE.
Any use or condition caused, or permitted to exist, in violation of any provisions of this subchapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure section 731 or any other remedy available to the city. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) CHAPTER 16.42:SUBDIVISION REGULATIONS
Section
Division 1: General Provisions
16.42.010 Purpose and intent
16.42.020 Definitions
16.42.030 Applicability and exemptions
16.42.040 Modification of requirements
16.42.050 Maps required
16.42.060 Fees and deposits
16.42.070 Plan checking and inspection costs for revisions Division 1: Tentative Maps
16.42.080 Application requirements
16.42.090 Filing and initial review
16.42.100 Notifying other agencies
16.42.110 School district notification
16.42.120 Development review
16.42.130 Planning Commission review and action
16.42.140 City Council review and action
16.42.150 Time limit for taking action
16.42.160 Required findings
16.42.170 Mandatory denial
16.42.180 Additional findings for denial
16.42.190 Denials under California Land Conservation Act of 1965 394
16.42.200 Conditions of approval
16.42.210 Finality of action
16.42.220 Changes to an approved tentative map or conditions
16.42.230 Expiration and extensions of time
Division 2: Vesting Tentative Maps
16.42.240 Applicability
16.42.250 Application requirements
16.42.260 Processing vesting tentative maps
16.42.270 Finality of action
16.42.280 Development rights vested
16.42.290 Expiration of vested rights on recorded map
16.42.300 Building permit applications and vested rights Division 3: Parcel Map
16.42.310 When required
16.42.320 Waiver of parcel map
16.42.330 Parcel map waivers - Application and processing
16.42.340 Parcel map waivers - Required findings
16.42.350 Parcel map waivers - Certificate of Compliance
16.42.360 Parcel map waivers - Time expirations and extensions
16.42.370 Parcel map filing requirements
16.42.380 Review of parcel map
16.42.390 Parcel maps - City Council action
16.42.400 Recordation of parcel map - Effect
Division 4: Final Maps
16.42.410 Final Map - Time for filing
16.42.420 Survey required
16.42.430 Final map - Form and content
16.42.440 Approval by City Council
16.42.450 Final Map recordation
16.42.460 Circumstances under which corrections and amendments can be made
16.42.470 Additional circumstances
Division 5: Certificates of Compliance
16.42.480 Filing
16.42.490 Review of application and decision
16.42.500 Conditional Certificate of Compliance
16.42.510 Effect of Conditional Certificate of Compliance
16.42.520 Information required on Certificate of Compliance 395
16.42.530 Certificates of Compliance for multiple parcels Division 6: Lot Line Adjustments
16.42.540 Filing
16.42.550 Review and processing
16.42.560 Action
16.42.570 Finalization of adjustment
Division 7: Reversion to Acreage
16.42.580 Initiation
16.42.590 Filing
16.42.600 Processing
16.42.610 City Council action
16.42.620 Required findings
16.42.630 Finality of action
Division 8: Mergers
16.42.640 Conditions under which a merger can be required
16.42.650 Notice of Intention to merge parcels
16.42.660 Planning Commission review and action
16.42.670 Determination when no hearing is requested
16.42.680 Finality of action
Division 9: Condominium Conversions
16.42.690 Applicability
16.42.700 Filing and processing
16.42.710 Completion of conversion
Division 10: Subdivision Improvements
16.42.720 Conformance with city plans and standards
16.42.730 Connections to existing streets
16.42.740 Subdivision access to public street
16.42.750 Parcel access
16.42.760 Private streets
16.42.770 Street design and improvement
16.42.780 Alleys
16.42.790 Drainage
16.42.800 Lot patterns
16.42.810 Grading and use of natural topography
16.42.820 Sidewalks, parkways and trails
16.42.830 Street lighting
16.42.840 Improvements - General
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16.42.850 Streets
16.42.860 Drainage facilities
16.42.870 Undergrounding of utilities
16.42.880 Water and sewer service
16.42.890 Landscaping
16.42.900 Utility easements
16.42.910 Cable access
16.42.920 Monuments
16.42.930 Supplemental improvements
16.42.940 Security and agreements
16.42.950 Securities and special assessments
16.42.960 Right-of-way dedication
16.42.970 Parkland dedication and fees
16.42.980 Bicycle paths and trails
16.42.990 Transit facilities
Division 11: Fees
16.42.991 Bridge and major thoroughfare fees
16.42.992 Supplement size, capacity or number required
16.42.993 Reimbursement agreement
16.42.994 Method of reimbursement
16.42.995 Reimbursement for drainage and sanitary sewer facilities
16.42.996 Reimbursement for bridges or major thoroughfares
16.42.997 Fees established by resolution
16.42.998 Payment of fees required
16.42.999 In-lieu considerations
DIVISION 1: GENERAL PROVISIONS
§ 16.42.010 PURPOSE AND INTENT.
This article is adopted pursuant to the provisions of the Subdivision Map Act set forth in Cal. Gov’t Code §66410 et seq. for the purpose of regulating and controlling the design and improvement of subdivisions within the City of Santa Paula. Such regulation is required to promote the public health, safety, and welfare; to ensure orderly growth and development; encourage appropriate land use; and assist with preserving property value. The regulations set forth in this article are intended to supplement the Act and must be used in conjunction with the regulations set forth in the Act for all activities associated with subdividing land within the city’s jurisdiction. Nothing in this article is intended to supersede the Act and the Act prevails over any conflicting part of this article. (Ord. 1102, passed 6-7-04)
§ 16.42.020 DEFINITIONS.
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Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article. Words and phrases not given a meaning by this article have the meaning set forth in this title and the Act.
ACT means the Subdivision Map Act as set forth in Cal. Gov’t Code §66510 et seq. and any subsequently adopted amendments or successor statutes. Unless specified otherwise, all citations in this article to an unspecified code are to the California Government Code.
CEQA means, collectively, the California Environmental Quality Act (Cal. Pub. Res. Code §21000 et seq.), the regulations promulgated thereunder (14 Cal. Code of Regs. §15000 et seq., the “CEQA Guidelines”), and the city’s Environmental Guidelines.
CONDOMINIUM CONVERSION PROJECT means the division of real property into common interest, the establishment of a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative as set forth in Cal. Civ. Code 1351.
CONSTRUCTION includes, without limitation, design, acquisition of right-of-way, administration of construction contracts and actual construction.
DIRECTOR means the Director, or designee.
ENGINEER means the City Engineer, or designee.
LOT LINE ADJUSTMENT means an adjustment of an existing lot line between four or fewer adjoining parcels where the land taken from one parcel is added to an adjoining parcel and a greater number of parcels than originally existed is not created.
PLANNING COMMISSION may be used interchangeably with “Advisory Agency” as defined in the Act.
(Ord. 1102, passed 6-7-04)
§ 16.42.030 APPLICABILITY AND EXEMPTIONS.
(A) Unless exempt, land subdivisions require one of the following:
(1) A tentative map or vesting tentative map;
(2) A Final Map; or
(3) A parcel map.
(B) In accordance with Cal. Gov’t Code 66412, this article does not apply to the following:
(1) Leases of agricultural land for agricultural purposes. (2) Leases of land exclusively for the placement and operation of cellular radio transmission facilities. Establishing such facilities is subject to the city’s discretionary approval. (3) Leases of land or granting of easements in conjunction with financing; erecting; and sale or lease of wind-powered electrical generation devices. Establishing such facilities is subject to the city’s discretionary approval.
(4) Financing or leasing of apartments, offices, stores, or similar spaces within apartment buildings, industrial buildings, commercial buildings, or mobile home parks. (5) Financing or leasing any parcel of land, or portion thereof, in conjunction with construction of commercial or industrial buildings on a single parcel, or the financing or leasing of existing separate commercial or industrial buildings on a single parcel. (6) Mineral, oil, or gas leases.
(7) Land dedicated for cemetery purposes under the Cal. Health & Safety Code. (8) Any separate assessment under Cal. Rev. and Tax. Code 2188.7. 398
(9) Conversion of a community apartment project or stock cooperative, as defined, respectively, in Cal. Bus. and Prof. Code §11004 and 11003.2, to a condominium, as defined in Cal. Civ.
Code 783, unless a parcel or Final Map was approved by the City Council, and only if the requirements specified in Cal. Gov’t Code 66412(g) and (h) are met.
(10) Subdivisions of four or fewer parcels for constructing removable commercial buildings having a floor area of less than 100 square feet. (11) Construction, financing, or leasing of second dwelling units as authorized by Cal.
Gov’t Code §65852.1 and 65852.2.
(Ord. 1102, passed 6-7-04)
§ 16.42.040 MODIFICATION OF REQUIREMENTS.
(A) The Planning Commission may modify the requirements of this article for a specific application when, in its opinion, the land involved in the subdivision is of such size and shape, or is subject to such title limitations, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impractical for the subdivider to fully conform to the regulations contained in this article.
(B) Such modification may be made only as reasonably necessary or expedient, provided modification ensures conformity with the spirit and purpose of the Act and this title. (C) Any request for a modification must be made in conjunction with a subdivision application and be reviewed by the Planning Department before a recommendation is made to the Planning Commission.
(Ord. 1102, passed 6-7-04)
§ 16.42.050 MAPS REQUIRED.
(A) A tentative and final map is required for all subdivisions creating five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:
(1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body;
(2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a
maintained public street or highway;
(3) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or (4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section.
(B) A tentative and final parcel map is required for subdivisions (to which this article applies) that create four or less parcels; lot line adjustments; and those subdivisions described above, except that the parcel map requirement may be waived as provided in this article. (Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07) § 16.42.060 FEES AND DEPOSITS.
All persons submitting maps as required by this article must pay all fees and deposits as provided by City Council resolutions establishing fees and deposits. (Ord. 1102, passed 6-7-04)
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§ 16.42.070 PLAN CHECKING AND INSPECTION COSTS FOR REVISIONS.
Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans must be borne by the subdivider at actual cost. The city may require a deposit to be applied toward actual costs.
(Ord. 1102, passed 6-7-04)
DIVISION 1: TENTATIVE MAPS
§ 16.42.080 APPLICATION REQUIREMENTS.
At a minimum, each tentative map submitted to the city must contain the following information:
(A) The tract number of a subdivision.
(B) The date, north arrow, and scale.
(C) A sufficient legal description of the land to define the boundaries of the proposed division of land.
(D) A key map indicating the location of the proposed division of land in relation to the surrounding area.
(E) The name and address of the record owner, the subdivider, and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor and the names and addresses of all operators of the utility systems of the subdivision.
(F) The existing topography of land proposed to be divided using contour intervals as follows:
(1) One foot when the slope of the ground is less than 5%; (2) Two feet when the slope of the ground is between 5% and 10%; (3) Five feet when the slope of the ground is between 10% and 25%; and (4) Ten feet when the slope of the ground is greater than 25%. (G) At least every fifth contour of topography described above must be clearly labeled and indicated so as to be distinctive. Contours of adjacent land must also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map must contain a statement by the person preparing the map stating the source of information used to develop the contours shown on the map.
(H) The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property must also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown must be identified by house number or other identifying feature, including a notation on each building, structure, fence, wall, tree row, and land use to be retained.
(I) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse and existing flood control district channels within 1/2 mile of the exterior boundaries of the subdivision. (J) Descriptions of the proposed source of water supply and the proposed method of sewage disposal.
(K) A proposed method, and plan for storm water disposal in accordance with the Ventura County Storm Water Urban Impact Mitigation Plan (“SQUIMP”) requirements. (L) The approximate location of each area covered by trees, with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way.
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(M) The location, width, approximate grade, and curb radii of all existing and proposed streets and highways within and adjacent to the proposed subdivision. (N) The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision, as well as the approximate radius and arc length of each centerline curve. (O) The approximate lot layout and the approximate dimensions and net area of each lot and building site. Engineering data must show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each lot. All lot lines must be located at the top of the slopes. (P) The proposed areas for public use.
(Q) The angle of intersecting streets or highways if such angle deviates from a right angle by more than four degrees.
(R) The location of all cut and fill slopes, or a separate grading plan. (S) Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined. (T) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map.
(U) A geologic soils report prepared by a civil engineer, registered by the State of California, based upon adequate test borings or excavations, unless the Engineer or designee determines that, due to information the Engineer has regarding the qualities of the soil of such subdivision or lot, no preliminary analysis is necessary.
(1) If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the person filing the tentative map must submit a soils investigation of each lot within the subdivision, prepared by a Californiaregistered civil engineer, who must recommend corrective action likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. (2) The Engineer, or designee, must approve the soils investigation if determined that the recommended action is likely to prevent structural damage to each dwelling to be constructed and must require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the issuance of a building permit. (V) A geologic hazards report, if the Engineer finds that a written geological hazards report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard. Such report is prepared by a registered engineering geologist and must state:
(1) Whether the proposed plan is feasible;
(2) Proposed solutions for all known hazardous conditions or problems; (3) The location and lot numbers of any test borings;
(4) The effect of the geology on the proposed development and on adjacent properties; and
(5) A description of specific locations in which development may create hazardous conditions.
(W) Through the application review process, the Engineer or Director may require that additional information be included on the tentative map to provide important or necessary disclosures or other information.
(Ord. 1102, passed 6-7-04)
§ 16.42.090 FILING AND INITIAL REVIEW.
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(A) Tentative maps must be filed with the Director on forms provided by the Planning Department and in accordance with procedures established by that Department. (B) The Director and Engineer will preliminarily review the tentative map application for completeness and required compliance with CEQA. Within 30 days after receiving a tentative map application, the Director must inform the applicant in writing whether the application is deemed complete. (Ord. 1102, passed 6-7-04)
§ 16.42.100 NOTIFYING OTHER AGENCIES.
The Director must send notice of the tentative map application to other city departments, schools, utility companies, and other agencies that may have an interest in the tentative map application for the purpose of receiving comment from those departments, companies, and agencies. (Ord. 1102, passed 6-7-04)
§ 16.42.110 SCHOOL DISTRICT NOTIFICATION.
Within ten days after a tentative map is filed, the Director must send notice to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice must contain information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. Failure of the school district to respond within 20 days after receiving notice is deemed approval of the proposed subdivision by the school district. (Ord. 1102, passed 6-7-04)
§ 16.42.120 DEVELOPMENT REVIEW.
(A) Upon deeming an application complete, the Director must forward the tentative map and any associated applications to the Design Review Committee for review in accordance with this code. (B) The Design Review Committee will review and evaluate each tentative map for compliance with this title, the General Plan, any applicable Specific Plan or Planned Development, the Act, and the city’s development policies.
(C) The Director will report to the Planning Commission identifying the extent to which the tentative map complies with this article and recommending that the Planning Commission approve, conditionally approve, or deny the tentative map application. (Ord. 1102, passed 6-7-04)
§ 16.42.130 PLANNING COMMISSION REVIEW AND ACTION.
(A) The Planning Commission must hold a public hearing in accordance with this chapter to consider the tentative map application.
(B) At the conclusion of the public hearing, the Planning Commission must determine the extent to which the tentative map complies with this article and recommend to the City Council whether to approve, conditionally approve, or deny the tentative map application. (Ord. 1102, passed 6-7-04)
§ 16.42.140 CITY COUNCIL REVIEW AND ACTION.
(A) Upon receiving the Planning Commission’s recommendation, the City Clerk will schedule a public hearing before the City Council in accordance with this title. (B) During the hearing, in addition to any other evidence, the City Council will consider the Planning Commission’s recommendation.
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(C) At the conclusion of the public hearing, the City Council must determine the extent to which the tentative map complies with this article and approve, conditionally approve, or deny the tentative map application.
(Ord. 1102, passed 6-7-04)
§ 16.42.150 TIME LIMIT FOR TAKING ACTION.
All actions by the Director, Planning Commission, and City Council must occur within the time limits specified in Cal. Gov’t Code §66452.1 and 66452.2 and Cal. Pub. Res. Code 21151.5. (Ord. 1102, passed 6-7-04)
§ 16.42.160 REQUIRED FINDINGS.
(A) In acting to approve or conditionally approve a tentative map, together with the provisions for its design and improvement, the City Council must find that the proposed subdivision is:
(1) Consistent with the Santa Paula General Plan;
(2) Consistent with any applicable Specific Plan or Planned Development; (3) Consistent with the provisions of this title;
(4) In the interest of public health and safety; and
(5) Is a necessary prerequisite to the orderly development of the surrounding area. (B) The findings apply to the entire subdivision; to each proposed parcel within the subdivision; and any designated remainder parcel.
(C) For condominium conversions, the City Council must make the additional findings as set forth in this article.
(Ord. 1102, passed 6-7-04)
§ 16.42.170 MANDATORY DENIAL.
(A) A tentative map application must be denied if the City Council finds any of the following findings consistent with Cal.
Gov’t Code 66474:
(1) The proposed map, or the design or improvement of the proposed subdivision, is not consistent with the General Plan or Specific Plans as specified by Cal. Gov’t Code 65451; (2) The proposed map, or the design or improvement of the proposed subdivision, is not consistent with an applicable General Plan or Specific Plan; (3) The site is not physically suitable for the type of development proposed; (4) The site is not physically suitable for the proposed density of development proposed;
(5) The design of the subdivision or the proposed improvements will likely cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; (6) The design of the subdivision or type of improvements will likely cause serious public health or safety problems;
(7) The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The City Council may approve a tentative map, however, if it finds that alternative easements will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. All easements must be recorded or established by court order; or 403
(8) The proposed subdivision is not consistent with all applicable provisions of this title.
(Ord. 1102, passed 6-7-04)
§ 16.42.180 ADDITIONAL FINDINGS FOR DENIAL.
The City Council may also deny a proposed tentative map based on any of the following findings:
(A) The proposed subdivision is not compatible with surrounding development in terms of density, patterns of development, access, or other consideration; (B) The city’s cost of providing infrastructure support or services outweigh any benefits associated with the subdivision.
(Ord. 1102, passed 6-7-04)
§ 16.42.190 DENIALS UNDER CALIFORNIA LAND CONSERVATION ACT OF 1965. (A) The City Council may deny a proposed tentative map if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Cal. Gov’t Code §51200 et seq.) and the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use.
(B) For purposes of this section, land is presumed to be in parcels too small to sustain their agricultural use if the land is: less than ten acres in size in the case of prime agricultural land; or less than 40 acres in size in the case of land which is not prime agricultural land. (C) For purpose of this section, agricultural land is presumed to be in parcels large enough to sustain their agricultural use if the land is: at least ten acres in size in the case of prime agricultural land; or at least forty acres in size in the case of land which is not prime agricultural land. (D) A subdivision with parcels smaller than those specified in this section may be approved if either of the following findings are made:
(1) The parcels can nevertheless sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to Cal. Gov’t Code 51230.1, provided that the parcels which are jointly managed total at least ten acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land. (2) One of the parcels contains a residence and is subject to Cal. Rev. and Tax.
Code 428; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least ten years; and the remaining parcels shown on the map are at least ten acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land. In such case, no other homesite parcels may be created on any remaining parcels under contract for at least ten years following the creation of a homesite parcel pursuant to this section. (E) This section does not apply to land subject to a contract when any of the following occurred:
(1) A local agency formation commission approved annexation of the land to the city and the city will not succeed to the contract as provided in Cal. Gov’t Code §51243 and 51243.5; (2) Written notice of nonrenewal of the contract was served before March 7, 1985, as provided in Cal. Gov’t Code 51245;
(3) Written notice of nonrenewal of the contract was served on or after March 7, 1985, as provided in Cal. Gov’t Code 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract;
(4) The City Council granted tentative approval for cancellation of the contract as provided in Cal. Gov’t Code 51282.
(Ord. 1102, passed 6-7-04)
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§ 16.42.200 CONDITIONS OF APPROVAL.
In acting to approve a tentative map, the City Council may impose conditions on map approval in accordance with the Act and this title to, among other things, achieve the objectives of the General Plan, ensure consistency with the provisions of this Code, and mitigate against adverse environmental impact. (Ord. 1102, passed 6-7-04)
§ 16.42.210 FINALITY OF ACTION.
The decision of the City Council to approve, conditionally approve, or deny a tentative map is final and, unless otherwise specified, effective upon the date such decision is rendered. (Ord. 1102, passed 6-7-04)
§ 16.42.220 CHANGES TO AN APPROVED TENTATIVE MAP OR CONDITIONS. (A) The following changes to an approved tentative map may be requested:
(1) Adjustments to the locations of lot lines and improvements, provided no new lots are created.
(2) Reduction in the number of approved lots.
(3) Any changes to the conditions of approval.
(B) Changes other than as set forth in this section require a new tentative map application. (C) A subdivider may request changes to an approved tentative map or its conditions of approval before the city records the map. Such a request must be made on forms provided by the Director and be accompanied with payment of required fees. (D) The application for a change to an approved tentative map or map conditions is processed in the same manner as the tentative map.
(E) The City Council must make the following findings, as applicable, to make any proposed changes to a previously approved tentative map:
(1) A material mistake of facts was made in the deliberations leading to the original approval; or
(2) A change of circumstances has occurred which affects conditions related to the original approval.
(F) Modification of an approved tentative map or its conditions of approval does not extend the time limits applicable to the filing of a Final Map. (Ord. 1102, passed 6-7-04)
§ 16.42.230 EXPIRATION AND EXTENSIONS OF TIME.
(A) Except as otherwise specified by a development agreement or pursuant to Cal. Gov’t Code 66452.6(a)(1), a tentative map expires 24 months after the date the map was approved. (B) The person filing the tentative map may request an extension, pursuant to Cal. Gov’t Code 66452.6(e), or stay, pursuant to Cal. Gov’t Code 66452.6(c) of an approved tentative map by filing a written application with the Director before the map’s expiration date. The application must state the reasons for requesting the extension or stay. Such application must be filed at least fifteen (15) days before the tentative map’s expiration date.
(C) The Planning Commission will either approve, conditionally approve or deny extension requests. Within 40 days after receiving an application for a stay, the Planning Commission must either approve the requested stay for a period not exceeding five years or deny the application. 405
(D) Each extension of tentative map approval or conditional approval may be allowed for a period not exceeding one year from the anniversary date of the map’s original approval. The total time of extensions cannot exceed five years. A stay may be for the period of time during which a lawsuit involving the tentative map is or was pending in a court of competent jurisdiction, not to exceed five years. The ultimate length of the extension or stay must be consistent with the Act. (E) Modifications of a tentative map after approval or conditional approval cannot extend the time limits imposed by this section, unless an extension or stay is specifically granted. (Ord. 1102, passed 6-7-04)
DIVISION 2: VESTING TENTATIVE MAPS
§ 16.42.240 APPLICABILITY.
A vesting tentative map may be filed for either a residential or nonresidential development project.
Whenever a provision of this title or the Act requires the filing of a tentative map or parcel map, a vesting tentative map may be filed in accordance with the provisions of this division. (Ord. 1102, passed 6-7-04)
§ 16.42.250 APPLICATION REQUIREMENTS.
(A) A vesting tentative map is filed using the same form, accompanying reports, and data as a tentative map, with the following additional requirements:
(1) Identification. At the time a vesting tentative map is filed, it must have printed conspicuously on its face the words “Vesting Tentative Map.” (2) Right-of-way. The map must show proposed street widenings and extensions; existing and proposed sidewalks and curb cuts; existing and proposed fire hydrants within 300 feet of the project perimeter; and existing utility poles.
(3) Site and buildings. Information must be provided regarding the type and use of all buildings, both existing and proposed; location of buildings to be removed; square footage of each floor, building, lot, and total project; all facilities and accessory structures related to underground utilities and street lighting; all mechanical equipment on the buildings or on the site; appropriate screening methods and materials; and the location and screening of outdoor trash and storage areas. (4) Parking and circulation (if applicable). Information must be provided regarding the parking spaces to be provided, with total number of spaces given; wheel stops or curb substitute; parking space striping; handicap parking; ingress and egress to include all private drives; and pedestrian walkways.
(5) Landscaping (if applicable). Diagrams must be provided showing and identifying all existing trees; existing and proposed landscaped areas in terms of proposed plants by type, size, spacing, and number; screening of adjacent properties, if required; and square footage of common usable and private open space (patio) areas, where such is required by this title. (6) Floor plans. Dimensioned preliminary floor plans must be provided for each proposed use.
(7) Building elevations, with grading. Diagrams must be provided to show two crosssection lines that clearly portray buildings and grading concepts; natural grade (dotted lines) and finished grade (solid lines); preliminary renderings of front, right side, left side, and rear elevations of all buildings; building height in feet and stories; proposed construction materials; and the proposed colors of all buildings.
(B) Through the application review process, the Director or Engineer may require that additional information be included with the vesting tentative map to provide important or necessary disclosures or other information.
(Ord. 1102, passed 6-7-04)
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§ 16.42.260 PROCESSING VESTING TENTATIVE MAPS.
Except as they specifically differ in this division, procedures for processing a vested tentative map are the same as for processing a tentative map including, without limitation, filing, review, notification, Planning Commission consideration, City Council approval, final decisions, changes after approval, expiration, and renewal.
(Ord. 1102, passed 6-7-04)
§ 16.42.270 FINALITY OF ACTION.
The decision of the City Council to approve, conditionally approve, or deny a vesting tentative map is final and, unless specified otherwise, becomes effective upon the date such decision is rendered. (Ord. 1102, passed 6-7-04)
§ 16.42.280 DEVELOPMENT RIGHTS VESTED.
(A) The approval of a vesting tentative map confers a vested right to proceed with development on recorded lots in substantial compliance with the ordinances, policies, and standards in effect on the date that the map is approved.
(B) The city may condition or deny a permit, approval, extension, or entitlement pursuant to the approved vesting map if the City Council determines any of the following:
(1) Failure to take such action would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health and safety, or both. (2) The condition or denial is required to comply with state or federal law. (C) All development permit fees required subsequent to the approval of the vesting tentative map must be paid.
(Ord. 1102, passed 6-7-04)
§ 16.42.290 EXPIRATION OF VESTED RIGHTS ON RECORDED MAP. (A) The rights conferred upon a vesting tentative map is vested for an initial time period of 24 months from the date a
Final Map is recorded. Where several Final Maps are recorded on various phases of a project, approved by a single vesting tentative map, this time period begins for each phase when the Final Map for that phase is recorded.
(B) The initial time period is automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if the time period used by the city to process the application exceeds 30 days from the date the complete application is filed.
(C) The conditions under which an extension of time or stay is granted for a vesting tentative map must be consistent with that established for tentative maps. (Ord. 1102, passed 6-7-04)
§ 16.42.300 BUILDING PERMIT APPLICATIONS AND VESTED RIGHTS.
If a developer submits a complete application for a building permit during the initial time period, or any granted extension, the rights conferred by the vesting map continue until the expiration of that building permit or any extension to that building permit that the city may issue. (Ord. 1102, passed 6-7-04)
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DIVISION 3: PARCEL MAP
§ 16.42.310 WHEN REQUIRED.
A Parcel Map is required for subdividing property into four or fewer parcels or for any other division of land for which a tentative and Final Map are not required by the Act or this Code. No Parcel Map is required for a land division of four or fewer parcels where such land is conveyed to a public utility for a public use.
(Ord. 1102, passed 6-7-04)
§ 16.42.320 WAIVER OF PARCEL MAP.
(A) Pursuant to Cal. Gov’t Code 66428, a subdivider may request the waiver of a Parcel Map if the following conditions apply:
(1) Each parcel created by the subdivision has a gross area not less than 40 acres or not less than a quarter of a quarter section.
(2) The land consists of a parcel or parcels of land having approved access to a public street or highway, comprises part of a tract of land zoned exclusively for commercial or industrial development, and has City Council approval as to street widths and alignments. (Ord. 1102, passed 6-7-04)
§ 16.42.330 PARCEL MAP WAIVERS - APPLICATION AND PROCESSING. (A) A request to waive a Parcel Map must be filed on forms provided by the Director, together with required filing fees.
(B) The Engineer and Director will review the application for compliance with the provisions of this title and the Act. The Director will report to the Planning Commission and identify the extent to which the waiver request complies with the required findings, and recommend to the Commission to approve or deny the waiver request.
(C) The Planning Commission will consider the application for a Parcel Map waiver at a public hearing.
(D) At the conclusion of the public hearing, the Planning Commission must determine whether to approve or deny the waiver request. The action of the Planning Commission is final unless an appeal is filed in accordance with this title.
(Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07) § 16.42.340 PARCEL MAP WAIVERS - REQUIRED FINDINGS.
To grant a request for waiving a Parcel Map requirement, the Planning Commission must find that the proposed subdivision complies with this title with regard to area, improvement, and design; floodwater drainage control; appropriate improved public roadways; sanitary disposal facilities; water supply availability; environmental protection; and other applicable regulations. (Ord. 1102, passed 6-7-04)
§ 16.42.350 PARCEL MAP WAIVERS - CERTIFICATE OF COMPLIANCE.
The city must issue a Certificate of Compliance required to complete the subdivision of property where the Planning Commission waives a Parcel Map requirement. (Ord. 1102, passed 6-7-04)
§ 16.42.360 PARCEL MAP WAIVERS - TIME EXPIRATIONS AND EXTENSIONS. (A) A Parcel Map waiver expires 24 months from the date it was approved. 408
(B) The subdivider may request an extension for a Parcel Map waiver. Such requests must be made to the Director on forms provided by the Director, with the payment of any required fees, at least 15 days before the Parcel Map Waiver expires.
(C) The Director can approve, conditionally approve, or deny an extension request pursuant to this title. Any Director’s decision may be appealed to the Planning Commission in accordance with this title. Any such extension is limited to a total of 18 months. (Ord. 1102, passed 6-7-04)
§ 16.42.370 PARCEL MAP FILING REQUIREMENTS.
The following apply to the filing of an application for a Parcel Map:
(A) The Parcel Map must meet the requirements of the Act and be in the form and contain the required data set forth in this section.
(B) The Parcel Map must be prepared by or under the direction of a registered civil engineer or licensed surveyor and be based upon a property survey. (C) The scale of the map must be large enough (not smaller than 1 inch equals 100 feet) to show details clearly and contain sufficient sheets of paper for accomplishing this requirement. (D) The title of each Parcel Map must include a name and a map number, as secured from the county surveyor, conspicuously placed at the lower right hand corner of the sheet, followed by the words “consisting of sheets” (showing the number thereof), followed by the words “in the City of Santa Paula” or “partly in the City of Santa Paula and partly in unincorporated territory.” (E) Every sheet of the map property must bear the title (but not subtitle), scale, north arrow, sheet number, and the number of each adjoining sheet in its proper location. (F) Below the title, a subtitle must appear consisting of a description of all the property being subdivided. The subtitle must reference any such map or maps of the property which were previously recorded or filed in the County Recorder’s office; or which were previously filed with the County Clerk pursuant to a final judgment in any action in partition; or which have been previously filed in the office of the County Recorder under authority of Cal. Gov’t Code 66499.55; or by reference to the plat of any United States survey.
(G) Each reference in such description to any tract or subdivision must be spelled out and worded identically with the original record thereof and show a complete reference to the book and page of records of such county.
(H) The description must also include reference to any vacated area, with the number of the ordinance of vacation included.
(I) The name of the survey, survey date, and map scale must be stated on the title sheet, below the subtitle. The map must also show the basis of bearings, making reference to some recorded subdivision map, county surveyor’s map, or other record acceptable to such county surveyor, or to a solar or polaris observation. The basis of bearings must not be in close proximity to the north arrow. (J) Lots must be numbered consecutively, commencing with the number “1,” with no omissions or duplications.
(K) Each lot must be shown entirely on one sheet.
(L) Blocks may be used, provided they are numbered or lettered consecutively. (M) Names of proposed streets must approved by the Planning Commission in conformance with a street name list approved by the City Council. The names of all proposed streets must be shown without abbreviations.
(N) All streets, highways, easements (except easements indicated for privately owned public utility companies), and parcels of land shown on the parcel map and intended for any public use must be offered for dedication for public use.
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(O) Where easements for conveyance to privately owned public utility companies are reserved, a certificate to that effect must be shown on the parcel map. This certificate may show that in no event, except when permission is obtained from public utility companies occupying such easement, may any dwelling house, building or other structure, except fences or any portion thereof, be erected in, upon, over, or across any such public utility easement. (P) The following certificates and acknowledgments must appear on the title sheet of a parcel map:
(1) Owner’s certificate and acknowledgment and offer of dedication, if any; (2) Certificate of the City Clerk of approval by the City Council and acceptance of offer of dedication;
(3) Certificate of approval of the Engineer;
(4) Certificate of approval as to form by the City Attorney; and (5) Certificate of the subdivision engineer with that engineer’s state registered engineer’s number or of the subdivision
surveyor with that surveyor’s state licensed land surveyor’s number. (6) The title sheet must also contain such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law. (Q) The parcel map must particularly define, delineate, and designate all lots intended for sale or reserved for private purposes; all parcels offered for dedication for any purpose; and any private streets with all dimensions, minimum lot sizes, boundaries and courses clearly shown and defined in every case.
(R) Parcels offered for dedication other than for streets or easements must be designated by number.
(S) Private streets must be designated by name and include the words “not a public street.” (T) Sufficient linear, angular, and curve data must be shown to determine readily the bearing and length of the boundary lines of the subdivision and of the boundary lines of every block, lot, and parcel which is a part thereof. All lots and blocks are shown in their entirety on one sheet wherever practicable.
(U) Arc lengths, radii, and central angle and radial bearing of each curve at intersection with a line not tangent to such curve must be shown.
(V) The parcel map must fully describe and show the location of any stakes, monuments, or other evidence to determine the boundaries of the subdivision. Each adjacent corner of each adjoining subdivision or portion thereof by lot and block numbers, tract names and place of record, or by section, township and range or other proper designation must be shown and identified on the map. (W) The location, size, and depth of all monuments placed in making the survey must be shown, and if any points were reset by ties, that fact must be noted. (X) The boundary of the subdivision must be indicated by a border of prussian blue water color or blue india ink approximately one-eighth of an inch wide, applied on the reverse side of the tracing and inside such boundary line.
(Y) Such water color must be of such density as to be transferable to white print of such map and not obliterate any line, figure, or other data appearing thereon. (Z) All lines shown on the map that do not constitute a part of the subdivision itself must be clearly distinguishable from those lines which are a part of the subdivision, and any area enclosed by such lines is labeled “not a part of this subdivision.” (AA) City boundaries that cross or adjoin the subdivision must be clearly designated and located in relation to adjacent lot or block lines.
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(BB) The parcel map must show the line of high water in instances where the subdivision is adjacent to a stream, channel, or any body of water. The parcel map must also show any area subject to periodic inundation by water, as required by the Engineer. (Ord. 1102, passed 6-7-04)
§ 16.42.380 REVIEW OF PARCEL MAP.
(A) All parcel maps, together with any required reports or other relevant information, must be filed with the Director on forms provided by the Director. (B) Upon deeming a parcel map application to be complete, the Director will forward the application to the Design Review Committee, the Engineer and other appropriate city departments for review and comment. The Engineer is responsible for checking the parcel map as to correctness of surveying data, plans and specifications of improvements, certificates of dedication, acceptances of dedication and acknowledgments, and such other matters that require checking to ensure compliance with the provisions of law and of this title. The Director must review the parcel map for consistency with this title, the General Plan, any applicable Specific Plan, and the city’s development policies. (C) If the Director determines that the parcel map conforms to all the requirements of this article and the Act, and provided the subdivider has posted all bonds or deposited money or negotiable bonds as required by this article, the Director must approve the parcel map. If the parcel map does not conform or all security requirements have not been met, the subdivider will be notified and given the opportunity to make necessary changes and resubmit the parcel map, along with any other required information.
(D) After determining that a parcel map complies with this article, the Director must approve the map and forward it to the County Recorder for filing in compliance with Cal. Gov’t Code 66450. (Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07) § 16.42.390 PARCEL MAPS - CITY COUNCIL ACTION.
The City Council must act on a parcel map whenever any of the following circumstances apply:
(A) If a dedication or offer of dedication is required, the Director must forward the parcel map to the City Clerk. The Clerk must place the item on the next City Council agenda for acceptance of dedications.
(B) If improvements required pursuant to this title or other regulations were not completed, the Director must not approve the map unless the City Council authorizes deferred completion. Such authorization must only be granted if the subdivider enters into an agreement with the city to post security to guarantee the improvements.
(Ord. 1102, passed 6-7-04)
§ 16.42.400 RECORDATION OF PARCEL MAP - EFFECT.
Recordation of a parcel map has the effect of eliminating any lot lines within the boundaries of the subdivision that existed before recordation of the parcel map. (Ord. 1102, passed 6-7-04)
DIVISION 4: FINAL MAPS
§ 16.42.410 FINAL MAP - TIME FOR FILING.
(A) Within 24 months after the date the City Council approves a tentative map, or any later date that may be authorized by an extension granted pursuant to this article, the subdivider must cause the subject property to be accurately surveyed and a Final Map to be prepared in conformance with the tentative map and any and all applicable conditions.
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(B) The Final Map must be submitted to the Engineer for review and action within the time period specified by this section.
(Ord. 1102, passed 6-7-04)
§ 16.42.420 SURVEY REQUIRED.
(A) An accurate and complete field survey of the land to be subdivided must be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying in the State of California. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision must be tied into the survey. The allowable error of closure on any portion of the final map must not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. (B) At the time of making the survey for the final map, the engineer or surveyor must set sufficient durable monuments to conform with the standards described in Cal. Bus. & Prof. Code 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line must be monumented before recording the final map. Other monuments must be set as required by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.430 FINAL MAP - FORM AND CONTENT.
The original Final Map and one duplicate reproducible copy must be submitted to the Engineer, accompanied by the following:
(A) In the event any dedication is to be made for public use, a certificate of title, a subdivision guarantee, or a dedication letter in the name of the owner of the land, issued to or for the benefit and protection of the city by a title company authorized by the laws of the state to write such letter, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein, except where the land contained in such subdivision is registered under the Land Registration Act (“Torrens Act”), in which latter case a certified copy of the certificate of title is furnished.
(B) A white print of the Final Map showing the contemplated location of installations of facilities or all public utilities, whether publicly or privately owned, with a statement of the proposed work, with such statement to be filed by the Engineer.
(C) A grading plan as required by the Engineer.
(D) The subdivider must file, either at the time of filing the Final Map at a later date as provided in this Division, detailed plans and specifications of the improvements to be installed as required by the provisions of this article and of all other improvements proposed to be installed by the subdivider in, on, or under any street or right-of-way, easement, or parcel of land dedicated by the map, including the estimated cost thereof.
(E) The subdivider may file multiple Final Maps on the approved tentative map, subject to the Engineer’s approval.
(F) The Final Map must meet the requirements of the Act and be in the form and contain the required data set forth in this section.
(G) The Final Map must be prepared by or under the direction of a registered civil engineer or licensed surveyor and be based upon a property survey.
(H) The scale of the map must be large enough (not smaller than 1 inch equals 100 feet) to show details clearly and enough sheets must be used to accomplish this end. (I) The title of each Final Map must consist of a name and a tract number, as secured from the county surveyor, conspicuously placed at the lower right hand corner of the sheet, followed by the words “consisting of ________ sheets” (showing the number thereof), followed by the words “in the City of Santa Paula” or “partly in the City of Santa Paula and 412
partly in unincorporated territory.”
(J) Every sheet of the map property must bear the title (but not subtitle), scale, north arrow, sheet number, and the number of each adjoining sheet in its proper location. (K) A subtitle, describing all property being subdivided, must appear below the title. The subtitle must reference any map of the property that was previously recorded or filed in the County Recorder’s office; or previously filed with the County Clerk pursuant to a final judgment in any action in partition; or which have been previously filed in the office of the County Recorder under authority of Cal.
Gov’t Code 66499.55; or by reference to the plat of any United States survey. (L) Each reference in such description to any tract or subdivision must be spelled out and worded identically with the original record thereof and show a complete reference to the book and page of records of such county.
(M) The description must also include reference to any vacated area, with the number of the ordinance of vacation included.
(N) The name of the surveyor, survey date, and scale must appear on the title sheet below the subtitle. The map must also show the basis of bearings, making reference to some recorded subdivision map, county surveyor’s map, or other record acceptable to such county surveyor, or to a solar or polaris observation. The basis of bearings must not be close to the north arrow. (O) The lots must be numbered consecutively, commencing with the number “1,” with no omissions or duplications; provided, that where the subdivision is a continuation of or an addition to an existing subdivision, the lot numbers may commence with the number immediately following the last or highest number of each existing subdivision and in all other respects must conform with the preceding requirements.
(P) Each lot must be shown entirely on one sheet.
(Q) Blocks may be used, provided they are numbered or lettered consecutively. (R) Proposed street names must conform with a City Council approved list of street names.
The names of all proposed streets must be shown without abbreviations. (S) All streets, highways, easements (except easements indicated for privately owned public utility companies), and parcels of land shown on the Final Map and intended for any public use must be offered for dedication for public use.
(T) A certification regarding reservation of easements to privately owned public utility companies must be included on the Final Map when applicable. This certificate may show that in no event, except when permission is obtained from public utility companies occupying such easement, may any dwelling house, building or other structure, except fences or any portion thereof, be erected in, upon, over, or across any such public utility easement.
(U) The following certificates and acknowledgments must appear on the title sheet of a Final Map:
(1) Owner’s certificate and acknowledgment and offer of dedication, if any; (2) Certificate of the City Clerk of approval by the City Council and acceptance of offer of dedication;
(3) Certificate of approval of the Engineer;
(4) Certificate of approval as to form by the City Attorney; (5) Certificate of the subdivision engineer with the engineer’s state registered engineer’s number or of the subdivision surveyor with the surveyor’s state licensed land surveyor’s number.
(6) Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law.
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(V) The Final Map must particularly define, delineate, and designate all lots intended for sale or reserved for private purposes; all parcels offered for dedication for any purpose; and any private streets with all dimensions, minimum lot sizes, boundaries and courses clearly shown and defined in every case.
(W) Parcels offered for dedication other than for streets or easements must be designated by number.
(X) Private streets must be designated by name and have inserted within the limits thereof the words “not a public street.”
(Y) Sufficient linear, angular, and curve data must be shown to determine readily the bearing and length of the boundary lines of the subdivision and of the boundary lines of every block, lot, and parcel which is a part thereof. All lots and blocks are shown in their entirety on one sheet wherever practicable.
(Z) Arc lengths, radii, and central angle and radial bearing of each curve at intersection with a line not tangent to such curve are shown.
(AA) The Final Map must fully describe and show the location of any stakes, monuments, or other evidence to determine the boundaries of the subdivision. Each adjacent corner of each adjoining subdivision or portion thereof by lot and block numbers, tract names and place of record, or by section, township and range or other proper designation must be shown and identified on the map. (BB) The location, size, and depth of all monuments placed in making the survey must be shown, and if any points were reset by ties, that fact must be noted. (CC) The boundary of the subdivision must be indicated by a border of prussian blue water color or blue india ink approximately one-eighth of an inch wide, applied on the reverse side of the tracing and inside such boundary line.
(DD) Such water color must be of such density as to be transferable to white print of such map and not obliterate any line, figure, or other data appearing thereon. (EE) All lines shown on the map that do not constitute a part of the subdivision itself must be clearly distinguishable from those lines which are a part of the subdivision, and any area enclosed by such lines is labeled “not a part of this subdivision.” (FF) City boundaries that cross or adjoin the subdivision must be clearly designated and located in relation to adjacent lot or block lines.
(GG) The Final Map must show the line of high water in instances where the subdivision is adjacent to a stream, channel, or any body of water. The Final Map must also show any area subject to periodic inundation by water, as required by the Engineer. (Ord. 1102, passed 6-7-04)
§ 16.42.440 APPROVAL BY CITY COUNCIL.
(A) After review and approval by the Engineer, the final map must be placed on the City Council agenda for its approval. The City Council must consider the final map for approval at the next regular meeting after the Engineer approves the map.
(B) The City Council must approve the final map if it has previously approved a tentative map for the proposed subdivision, and if it finds that the final map is in substantial compliance with the previously approved tentative map, and if it conforms to all applicable requirements of this title and the Act.
(C) If the final map is unacceptable, the Council must make its recommended corrections, instruct the subdivider to revise the final map and defer approval until the final map is resubmitted. (D) The City Council must deny approval of the final map only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the 414
tentative map. Where the Council denies approval of the final map, such disapproval must be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may waive the requirements of this section upon a finding that the failure of the map to meet the conditions set forth in the tentative map is the result of a technical and inadvertent error which does not materially affect the validity of the map. (Ord. 1102, passed 6-7-04)
§ 16.42.450 FINAL MAP RECORDATION.
Following action by the Engineer, and after the required signatures and seals are affixed, the City Clerk must transmit the Final Map to the County Recorder for recordation. (Ord. 1102, passed 6-7-04)
§ 16.42.460 CIRCUMSTANCES UNDER WHICH CORRECTIONS AND AMENDMENTS CAN BE MADE.
(A) After a Final Map or Parcel Map is filed in the office of the County Recorder, such map may be amended by a Certificate of Correction or an amending map for any of the following purposes:
(1) To correct an error in any course or distance shown thereon. (2) To show any course or distance that was omitted thereon. (3) To correct an error in the description of real property shown on the map. (4) To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with the responsibilities for setting the monuments. (5) To show the proper location or character of any monument which has been changed in location or character and originally shown at the wrong location or incorrectly as to its character.
(6) To correct any additional information filed or recorded with the map, as required by the city, if the correction does not impose additional burden on the present fee owner of the property and does not alter the right, title, or interest in the real property reflected on the recorded map. (7) To correct any other type of map error or omission as approved by the County Surveyor or Engineer that does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. (B) As used in this section, “error” does not include changes in courses or distances that cannot be proven from the data shown on the Final Map.
(Ord. 1102, passed 6-7-04)
§ 16.42.470 ADDITIONAL CIRCUMSTANCES.
(A) In addition to the circumstances specified above, changes or modifications may be made to a Final or Parcel Map if the City Council finds that:
(1) There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary;
(2) The modifications do not impose any additional burden on the present fee owner of the property;
(3) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
(4) The map, as modified, meets the findings for approval. (B) A request for a change to or modification of a Final Map pursuant to this section must be made on forms provided by the Director. Such change or modification is processed in accordance with 415
the procedures established for a tentative map of this Title 16. The public hearings for such application are confined to the consideration of and action on the proposed change or modification. (Ord. 1102, passed 6-7-04)
DIVISION 5: CERTIFICATES OF COMPLIANCE
§ 16.42.480 FILING.
Upon determination by the Director that a Certificate of Compliance is required, the property owner or authorized representative must file a Certificate of Compliance application on forms provided by the Director, together with required filing fees, a chain of title, and other information that may be required by the Director or Engineer to establish the status of the parcel. (Ord. 1102, passed 6-7-04)
§ 16.42.490 REVIEW OF APPLICATION AND DECISION.
(A) The Director must forward the application for review by the Engineer and any other city or governmental agency that may have jurisdiction over any aspect of the application. (B) The Director must review all available information, including information provided by other city and governmental agencies, and make a determination whether the real property was divided in accordance with the Act and this title or any prior city subdivision regulations. (C) Upon making a determination that the real property complies with applicable provisions of the Act and this title, the Director must issue a Certificate of Compliance and cause such Certificate of Compliance to be recorded with the Ventura County Recorder. (D) Upon making a determination that the real property does not comply with applicable provisions of the Act and this title, the Director may deny the application, or impose conditions on the granting of a Certificate of Compliance, in accordance with this division. (Ord. 1102, passed 6-7-04)
§ 16.42.500 CONDITIONAL CERTIFICATE OF COMPLIANCE.
(A) The Director may impose conditions upon the granting of a Certificate of Compliance in the event that the real property does not comply with applicable provisions of the Act and this Title. Such conditions are limited to those requirements that would have been applicable to the division of the property at the time the applicant acquired interest therein. However, if the current owners were responsible for the division, then current requirements of this article may be imposed. (B) The Director will forward the application and related information to the Design Review Committee for review. Related information must include references to state law and city ordinances that were in effect at the time the property was subdivided. (C) The Design Review Committee may impose conditions on the approval of the Conditional Certificate of Compliance. Any decision of the Design Review Committee regarding imposition of conditions may be appealed to the Planning Commission.
(D) If no appeals are filed within the designated appeal period, the Director must issue a Conditional Certificate of Compliance and cause such Conditional Certificate of Compliance to be recorded with the Ventura County Recorder.
(Ord. 1102, passed 6-7-04)
§ 16.42.510 EFFECT OF CONDITIONAL CERTIFICATE OF COMPLIANCE.
The Conditional Certificate of Compliance serves as notice to the property owner who has applied for the certificate or any subsequent owner or developer that the fulfillment and implementation of conditions is required before the subsequent issuance of a permit or other grant of approval for development of the property.
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(Ord. 1102, passed 6-7-04)
§ 16.42.520 INFORMATION REQUIRED ON CERTIFICATE OF COMPLIANCE.
A recorded Certificate of Compliance or Conditional Certificate of Compliance must include all information specified in Cal. Gov’t Code 66499.35(f).
(Ord. 1102, passed 6-7-04)
§ 16.42.530 CERTIFICATES OF COMPLIANCE FOR MULTIPLE PARCELS.
A single Certificate of Compliance or Conditional Certificate of Compliance application may be processed and recorded for multiple parcels, provided that such single Certificate of Compliance or Conditional Certificate of Compliance clearly identifies and distinguishes between the descriptions of each parcel.
(Ord. 1102, passed 6-7-04)
DIVISION 6: LOT LINE ADJUSTMENTS
§ 16.42.540 FILING.
Lot line adjustment applications must be filed on forms provided by the Director, together with required filing fees and other information required by the Director to allow for review of the application. (Ord. 1102, passed 6-7-04)
§ 16.42.550 REVIEW AND PROCESSING.
(A) Upon receiving a completed Lot Line Adjustment application, the Director must forward the application for review by the Engineer and any other city or governmental agency that may have jurisdiction over any aspect of the application.
(B) The Director must review all available information, including information provided by other city and governmental agencies, and make a determination whether the proposed lot line adjustment conforms with the provisions of this Code and any applicable Specific Plan or Planned Development. (Ord. 1102, passed 6-7-04)
§ 16.42.560 ACTION.
(A) The Director may approve or conditionally approve a request for a lot line adjustment in writing after investigating and receiving reports from other departments, if the Director finds that the proposed lot line adjustment conforms to all of the following requirements:
(1) The lots adjoin one another;
(2) The lot line adjustment will not create a greater number of lots than originally existed;
(3) It conforms with the city’s general plan;
(4) It conforms with the city’s zoning and building regulations set forth in this Code. (B) Any conditions imposed on the approval are limited to those conditions necessary to:
(1) Ensure conformance with the city’s general plan;
(2) The city’s zoning and building regulations as set forth in this Code; (3) Require the prepayment of real property taxes before approval of the adjustment; or
(4) Facilitate the relocation of existing utilities, infrastructure, or easements. 417
(C) Should the lot line adjustment application fail to meet any of the criteria set forth above, the Director may deny the application.
(Ord. 1102, passed 6-7-04)
§ 16.42.570 FINALIZATION OF ADJUSTMENT.
Within 24 months after the Director approves a lot line adjustment, all record owners must cause to be recorded with the office of the Ventura County Recorder either a grant deed or quit claim deed reflecting the adjustment. No record of survey is required for a lot line adjustment. However, the legal descriptions provided on the deed or deeds is prepared by a licensed surveyor, licensed in the State of California, or qualified registered civil engineer.
(Ord. 1102, passed 6-7-04)
DIVISION 7: REVERSION TO ACREAGE
§ 16.42.580 INITIATION.
Either the City Council, on its own motion, or all owners of record of the real property within the subdivision, by formal application, may initiate proceedings for a Reversion to Acreage. (Ord. 1102, passed 6-7-04)
§ 16.42.590 FILING.
(A) Reversion to Acreage applications initiated by owners of record of the real property within the subdivision must be filed on forms provided by the Director, together with required filing fees and other information required by the Director to allow for review of the application. At a minimum, information provided must include:
(1) Adequate evidence of title of the real property within the subdivision; (2) Sufficient data to enable the City Council to make all of the findings and determinations required by this division; and
(3) A Final Map that delineates dedications that will not be vacated and dedications that are a condition of reversion.
(B) Where the City Council initiates a Reversion to Acreage, the Council will direct the Director to obtain the information necessary to initiate and conduct the proceedings. (Ord. 1102, passed 6-7-04)
§ 16.42.600 PROCESSING.
The Director, in consultation with the Engineer, must review the application for conformance with the provisions of this division and report to the City Council identifying the extent to which the Reversion to Acreage complies with this division and the findings set forth below. (Ord. 1102, passed 6-7-04)
§ 16.42.610 CITY COUNCIL ACTION.
(A) The City Council must hold a public hearing to consider the application and any related, relevant, information.
(B) Following the public hearing, the City Council must act to approve, conditionally approve, or deny the Reversion to Acreage.
(C) In acting to approve or conditionally approve a Reversion to Acreage, the City Council must require:
418
(1) Dedications or offers of dedications necessary for purposes specified by city regulations;
(2) Retention of all previously paid fees, if necessary to accomplish the purposes of this title; and
(3) Retention of any portion of required improvement security or deposits, if necessary to accomplish the purpose of this title.
(Ord. 1102, passed 6-7-04)
§ 16.42.620 REQUIRED FINDINGS.
As part of its action to approve or conditionally approve a Reversion to Acreage, the City Council must make the following findings:
(A) That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and (B) Either:
(1) All owners of interest in the real property within the subdivision consented to the reversion;
(2) None of the improvements required to be made were made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or
(3) No lots on the Final Map or parcel map were sold within five years from the date such map was filed for record.
(Ord. 1102, passed 6-7-04)
§ 16.42.630 FINALITY OF ACTION.
In order for a Reversion to Acreage to become effective, a Final Map must be recorded. (Ord. 1102, passed 6-7-04)
DIVISION 8: MERGERS
§ 16.42.640 CONDITIONS UNDER WHICH A MERGER CAN BE REQUIRED.
Whenever two or more contiguous parcels are under common ownership and any one of the parcels does not conform to the standards for minimum parcel size set forth in this title, the city can require the merger of parcels before it issues a development permit, provided all of the requirements specified in Cal.
Gov’t Code 66451.11 are satisfied.
(Ord. 1102, passed 6-7-04)
§ 16.42.650 NOTICE OF INTENTION TO MERGE PARCELS.
(A) Before initiating a merger, the city must mail to the owner of the affected parcels a Notice of Intention to Determine Status. The same notice is filed with the Ventura County Recorder on the same date that notice is mailed to the property owner. Such notice must inform the property owner that the affected parcels may be merged and advise the owner of the opportunity to request a hearing on determination of status.
(B) At any time within 30 days of the recording of the Notice of Intention to Determine Status, the property owner may file with the Director a request for a hearing. (Ord. 1102, passed 6-7-04)
419
§ 16.42.660 PLANNING COMMISSION REVIEW AND ACTION.
(A) Upon receiving a request for a hearing, the Director must schedule a public hearing before the Planning Commission in accordance with this title. The hearing should be conducted not later than 60 days after the Director receives the hearing request. (B) The Planning Commission must hold a public hearing in accordance with this chapter to consider the parcel merger application.
(C) At the conclusion of the public hearing, the Planning Commission must determine whether the parcels should or should not be merged.
(D) The decision of the Planning Commission is final unless an appeal is filed. (Ord. 1102, passed 6-7-04)
§ 16.42.670 DETERMINATION WHEN NO HEARING IS REQUESTED.
If the Director does not receive a timely filed request for hearing, the Director may decide whether or not the parcels may be merged. Decisions allowing a merger must be recorded not later than 90 days after notice of the decision.
(Ord. 1102, passed 6-7-04)
§ 16.42.680 FINALITY OF ACTION.
(A) A notice of merger must be filed with the Ventura County Recorder’s Office after a decision which allows allowing a parcel merger. The notice must identify the names of the record owners and describe the property being merged.
(B) A release of the notice of intention to determine status must be filed with the Ventura County Recorder’s Office after a decision that disallows a parcel merger. (Ord. 1102, passed 6-7-04)
DIVISION 9: CONDOMINIUM CONVERSIONS
§ 16.42.690 APPLICABILITY.
A condominium conversion requires the approval of a tentative and Final Map, or a parcel map, unless the exemptions specified in Cal. Gov’t Code §66412(g) and (h) apply, or unless the city waives the requirement for conversion of a mobile home park to resident ownership pursuant to Cal. Gov’t Code 66428.1.
(Ord. 1102, passed 6-7-04)
§ 16.42.700 FILING AND PROCESSING.
(A) Filing a condominium conversion application is the same as that established for a tentative tract map with the following exceptions and additional requirements:
(1) The tentative map for a condominium conversion project need not show the buildings or the manner in which the buildings or the airspace above the property are to be divided.
However, the city may require that an exhibit be provided showing the manner in which buildings are to be arranged on the property.
(2) Addresses of all tenants of the property proposed for conversion must be provided with other required notice materials. Also, the subdivider must provide the city with notarized verification of provision of the Notice of Intent to Convert required by Cal. Gov’t Code §66452.8 and 66452.9.
(3) Pursuant to Cal. Gov’t Code 66427.4, if a mobile home park is proposed for conversion, the applicant must submit a report on the impact of the conversion upon the displaced 420
residents of the mobile home park. Such report must be prepared in accordance with Cal. Gov’t Code §66427.4 and 66427.5.
(4) Pursuant to Cal. Gov’t Code 66452.10, if the proposed condominium conversion project involves a stock cooperative or community apartment project, the applicant must submit notarized verification of the vote.
(B) The processing of a condominium conversion project is the same as that established for a tentative tract map except that, pursuant to Cal. Gov’t Code 66451.3, notice of the public hearing must be provided to all tenants of the subject property.
(C) In acting to approve a condominium conversion project, the Planning Commission and/or the City Council must make the same findings as for a tentative map and the additional findings set forth in Cal. Gov’t Code 66427.1.
(D) A condominium conversion project must also comply with Chapter 16.43 - Condominiums and Conversions.
(Ord. 1102, passed 6-7-04; Am. Ord. 1169, passed 2-5-07) § 16.42.710 COMPLETION OF CONVERSION.
Filing of Final Map or parcel map is required for completion of the condominium conversion project, except when waived for a mobile home park.
(Ord. 1102, passed 6-7-04)
DIVISION 10: SUBDIVISION IMPROVEMENTS
§ 16.42.720 CONFORMANCE WITH CITY PLANS AND STANDARDS.
All subdivision plans and associated street plans must conform to the Circulation Element of the Santa Paula General Plan and street standards adopted by the City Council. (Ord. 1102, passed 6-7-04)
§ 16.42.730 CONNECTIONS TO EXISTING STREETS.
All new streets must connect to existing streets and must provide street gap closures to the maximum extent feasible and practical to facilitate traffic circulation and ensure implementation of the General Plan Circulation Element.
(Ord. 1102, passed 6-7-04)
§ 16.42.740 SUBDIVISION ACCESS TO PUBLIC STREET.
Every subdivision must be designed to provide access to a public street as follows:
(A) Direct access where the property abuts an existing public street or a planned public street for which the right-of-way was defined and improvements to the planned street are provided pursuant to this chapter; or
(B) A non-exclusive easement for street, utility, drainage, or similar purposes, provided the easement is:
(1) Offered for dedication;
(2) Unencumbered by any rights that would restrict the proposed use; and (3) Of a width, grade, location, and configuration which, in the opinion of the Engineer, will allow it to serve its intended function. (Ord. 1102, passed 6-7-04)
421
§ 16.42.750 PARCEL ACCESS.
(A) New parcels created by a subdivision must provide access to either a public street or a private street, if a private street is allowed by this section. (B) Direct parcel access to a state highway or a City Major Arterial, Arterial, Minor Arterial, Major Commercial/Industrial, or Commercial/Industrial may be denied to ensure traffic safety.
Alternatively, the city may require construction of a frontage road between the parcel and the abutting highway or city street.
(Ord. 1102, passed 6-7-04)
§ 16.42.760 PRIVATE STREETS.
Private streets may be permitted by the City Council, provided such streets meet the following requirements:
(A) The street design provides a width, configuration, slope, and other design characteristics satisfactory to the Public Works Director and the Fire Chief; (B) Streets do not prevent the orderly development of adjacent properties, prevent future connections to planned public streets, or interfere with local circulation; (C) Streets meet the circulation needs of the property they serve; and (D) The owners, association of owners, or organization responsible for the private streets provides the city with written assurance, approved as to form by the City Attorney, that the street or streets will be adequately maintained.
(Ord. 1102, passed 6-7-04)
§ 16.42.770 STREET DESIGN AND IMPROVEMENT.
All new public streets proposed or required within or adjacent to a subdivision must be designed in accordance with adopted city street standards and the following requirements:
(A) Where a property for which a tentative or parcel map was filed is adjacent to a property which may be subject to a future subdivision, the review authority may require streets to be extended to the boundary of the adjacent property to allow for future access and street connections. (B) Street intersections must be as near to right angles as practicable. (C) Street grades between 6% and 10% are allowed only for limited distances in which, in the judgment of the review authority, topographical conditions make a lesser grade impractical. A grade exceeding 10% will be approved only when, in the judgment of the review authority, conclusive evidence shows that a lesser grade is physically impractical.
(D) Where an existing city street adjoins, passes through, or otherwise provides access to a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements consistent with the General Plan Circulation Element. (E) Permanent dead-end streets or cul-de-sacs must not exceed 660 feet in length. (F) All streets within a subdivision must be named in accordance with City Council resolution. (Ord. 1102, passed 6-7-04)
§ 16.42.780 ALLEYS.
All new alleys must have a minimum width of 25 feet and is designed per adopted city standards. (Ord. 1102, passed 6-7-04)
422
§ 16.42.790 DRAINAGE.
(A) All subdivisions must be designed to accommodate storm drainage tributary to and originating within the subject subdivision.
(B) All on grade storm water conveyance facilities, including ditches, channels, catch basins, and road improvements must be designed and constructed for flood frequency of ten years or other threshold determined by the Public Works Director to be appropriate and necessary to provide adequate flood protection. All facilities serving sump locations must be designed for a flood frequency of 50 years or other threshold determined by the Public Works Director to be appropriate and necessary to provide adequate flood protection. The design of such facilities and systems is based upon information provided by a registered engineer and approved by the Public Works Director. (C) To the maximum extent feasible, existing natural drainage courses must be retained. (D) Facilities and systems must be designed to avoid concentrations of runoff and to avoid the creation of facilities that could pose a risk or hazard to public health and safety. (E) Drainage facilities must be located with street rights-of-way or public easements. (Ord. 1102, passed 6-7-04)
§ 16.42.800 LOT PATTERNS.
(A) Every lot must be designed to conform to the minimum area and dimension requirements applicable to the zoning in which the lot is located or, in the case of a change of zone, proposed to be located.
(B) Each new lot created by a subdivision must have a physical shape and configuration that allows subsequent buildings and other improvements to be constructed in conformance with the development standards for the zone in which such lot is located, to ensure that safe driveways and other accesses can be provided, and to ensure that any required landscaping can be provided. (C) The creation of flag lot configurations in any new subdivision is discouraged. (D) The creation of lots with double street frontage is discouraged. (E) Blocks longer than 1,200 feet in length are discouraged and may be cause for disapproval of a tentative map.
(Ord. 1102, passed 6-7-04)
§ 16.42.810 GRADING AND USE OF NATURAL TOPOGRAPHY.
The design of subdivisions in hillside areas must conform to the grading standards contained in this title.
(Ord. 1102, passed 6-7-04)
§ 16.42.820 SIDEWALKS, PARKWAYS AND TRAILS.
(A) Sidewalks must be provided in new subdivisions, and be designed and installed in accordance with adopted city standards.
(B) Parkways must be provided where such parkways will contribute positively to overall subdivision design, will better integrate the subdivision with surrounding land uses, and will implement General Plan policies. Parkways must have a minimum width of four feet or a width as may be required by the responsible review authority. Parkway planting may be required through subdivision conditions of approval.
(C) Bikeways and trails must be provided in new subdivisions. Such bikeways and trails must be designed to eventually connect to a citywide system. (Ord. 1102, passed 6-7-04)
423
§ 16.42.830 STREET LIGHTING.
Street light fixtures must be provided pursuant to city policies regarding street lighting, or as determined to be necessary by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.840 IMPROVEMENTS - GENERAL.
(A) As a condition for approving any Final Map, the subdivider must improve or agree to make all improvements for all land designated for streets, highways, public ways, and easements. Such improvements include streets, sidewalks, curbs, gutters, culverts, bridges, storm drains, sanitary sewers, permanent subdivision monuments, and other structures or improvements set forth in this division or as recommended by the Planning Commission and/or deemed by the City Council to be necessary for the general use of the lot owners in the subdivision and for traffic and drainage needs. (B) All improvements must be installed to grades approved by the Engineer. Plans and specifications of proposed improvements must be furnished to the Engineer in conjunction with the Final Map. These plans and profiles must show full details of the proposed improvements in accordance with the most current city standards.
(C) The minimum improvements which the subdivider will be required to make at the subdivider’s own cost in the subdivision before the acceptance and approval of the Final Map is as described generally below and in detail in this division:
(1) Fire hydrants and adequate distribution lines to provide adequate domestic water supply to each lot and sufficient fire protection to meet local neighborhood needs, as determined by the Fire Chief;
(2) City wastewater disposal system to each lot;
(3) Adequate drainage of the subdivision streets, highways, ways and alleys; (4) Adequate grading and surfacing of streets, highways, ways and alleys; (5) Curbs, gutters and sidewalks; and
(6) Permanent subdivision monuments.
(Ord. 1102, passed 6-7-04)
§ 16.42.850 STREETS.
All required public and private streets must be installed in accordance with plans approved by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.860 DRAINAGE FACILITIES.
All required drainage and flood control facilities must be installed in accordance with plans approved by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.870 UNDERGROUNDING OF UTILITIES.
(A) Utility lines including, without limitation, electrical, telephonic, street, and cable television must be placed underground within all new subdivisions. (B) All underground construction must be installed before the streets are paved if such construction occurs within streets and requires open excavation of the street surface. All construction must be performed to the satisfaction of the Engineer and in accordance with city standards. 424
(Ord. 1102, passed 6-7-04)
§ 16.42.880 WATER AND SEWER SERVICE.
(A) Water mains and other required facilities must be installed to serve each lot within a proposed subdivision per the requirements of the water service provider. All such facilities must be installed consistent with applicable master plans. Where water facilities are to be installed in a public street, all improvement plans are subject to review by the Public Works Director, and fire hydrant locations and specifications are approved by the Fire Chief. (B) All new subdivisions and each lot within a proposed subdivision are required to connect to the city’s sewer system. All sewer facilities must be installed consistent with applicable master plans.
Where sewer facilities are to be installed in a public street, all improvement plans are subject to review by the Public Works Director.
(Ord. 1102, passed 6-7-04)
§ 16.42.890 LANDSCAPING.
Landscaping and associated automatic irrigation systems must be installed as required for erosion control and slope stabilization.
(Ord. 1102, passed 6-7-04)
§ 16.42.900 UTILITY EASEMENTS.
(A) The subdivider must reserve and grant the following right-of-way easements, either overhead or underground, to public utility companies:
(1) At the rear of all lots, except at the perimeter of the subdivision, of a width of not less than six feet;
(2) At the rear of all lots at the perimeter of the subdivision, of a width of not less than ten feet;
(3) Along side lot lines, where necessary, of a width of not less than six feet; and (4) Over areas contiguous to public alleys, where necessary, of a width necessary for overhang of facilities, anchorage, line continuity, ingress and egress, and for trimming and topping trees that may endanger or interfere with the maintenance of such public utility facilities. (B) Such right-of-way easements are delineated on the subdivision map and identified as “Easements for Public Utilities.”
(Ord. 1102, passed 6-7-04)
§ 16.42.910 CABLE ACCESS.
As a condition of approval of a final map, the subdivider must provide access to all cable operators within the city.
(Ord. 1102, passed 6-7-04)
§ 16.42.920 MONUMENTS.
Monuments must be provided as required by the Act.
(Ord. 1102, passed 6-7-04)
§ 16.42.930 SUPPLEMENTAL IMPROVEMENTS.
(A) At the City Council’s direction, the subdivider may be required to install improvements for the benefit of the subdivision which may be of such supplemental size, capacity, number, or length as will 425
benefit property not within the subdivision. Such improvements may be a condition precedent to the approval of a subdivision or parcel map.
(B) The subdivider will be reimbursed for that portion of the costs of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. § 16.42.940 SECURITY AND AGREEMENTS.
(A) A subdivider may record a final or parcel map pursuant to this article before completing required improvements, provided the City Council approves a subdivision improvement agreement and the subdivider provides security as approved by the Council in accordance with Cal. Gov’t Code 66499(a). The improvement agreement and security must be in a form approved by the City Attorney. (B) The amount of security must be based upon 100% of the estimated cost of the required improvement or improvements. Such cost estimate is provided by the subdivider, based upon information provided by a qualified engineer, and is approved by the Public Works Director. (C) Release of the security may be accomplished in accordance with Cal. Gov’t Code §66499.7 and 66499.8. (Ord. 1102, passed 6-7-04)
§ 16.42.950 SECURITIES AND SPECIAL ASSESSMENTS.
Should the required subdivision improvements be financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required, up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to those required by this division. (Ord. 1102, passed 6-7-04)
§ 16.42.960 RIGHT-OF-WAY DEDICATION.
(A) As a condition of approval of a map, the subdivider must dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys (including access rights and abutters rights), drainage, public utility easements, and other public easements.
(B) The subdivider must improve or agree to improve all streets and alleys (including access rights and abutters rights), drainage, public utility easements, and other public easements offered for dedication. Such improvements must be performed in accordance with the requirements of this division or as may otherwise be approved by the City Council.
(Ord. 1102, passed 6-7-04)
§ 16.42.970 PARKLAND DEDICATION AND FEES.
All projects approved for development under this division must provide for at a minimum its fair share of future parkland and open space through dedication to the city, or payment of impact fees in accordance with adopted and enacted fee schedules for this purpose, or both. (Ord. 1102, passed 6-7-04)
§ 16.42.980 BICYCLE PATHS AND TRAILS.
(A) For any residential subdivision containing 40 or more parcels, and where the dedication of roadways is required, the subdivider may be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision, as well as bicycle paths included as part of the General Plan Circulation Element Bicycle and Trail Plan. (B) The subdivider may be required to dedicate additional land as may be necessary and feasible to accommodate trails included in the General Plan Circulation Element Bicycle and Trail Plan. 426
(Ord. 1102, passed 6-7-04)
§ 16.42.990 TRANSIT FACILITIES.
For any residential subdivision containing 200 or more parcels, or for any subdivision containing 100 acres or more, the subdivider may be required to dedicate or provide an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, bus stop pads, and similar features which directly benefit the residents of the subdivision. (Ord. 1102, passed 6-7-04)
DIVISION 11: FEES
§ 16.42.991 BRIDGE AND MAJOR THOROUGHFARE FEES.
(A) Pursuant to Cal. Gov’t Code §66484 and 66489, the city may require the payment of a fee as a condition of approval of a final map, or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares, upon compliance with the procedure and conditions set forth in this chapter.
(B) Such construction must comply with the circulation element of the city’s general plan and, in the case of bridges, to the transportation or flood control provisions that identify railways, freeways, streams or canyons for which bridge crossings are required on the city’s general plan or local roads and in the case of major thoroughfares, to the provisions of such circulation element which identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system; provided, such circulation element, transportation or flood control provisions were adopted by the city 30 days before the filing of a map or application for a building permit. (C) Payment of a fee is not required or made a condition for approval of a subdivision map or made a condition for the issuance of a building permit until the area benefited is determined by the City Council. There must be a public hearing held by the City Council for each area benefited. (1) The hearing must be set before the City Council and notice must be given pursuant to Cal. Gov’t Code 65905 at least ten calendar days before the hearing date. (2) Notices must contain preliminary information related to the boundaries of the area of benefit, estimated cost and method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such proceedings.
(D) At the conclusion of the public hearing, the City Council may decide to establish the boundaries of the benefit area by resolution, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment. The city may impose a reasonable charge on property within the area which in the opinion of the City Council is benefited by the construction of the bridge or major thoroughfare. The method of fee apportionment, in the case of major thoroughfares, must not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. A description of the boundaries of the area of benefit, the property or properties within said area which in the opinion of the City Council are benefited by the construction of the improvement, the costs, whether actual or estimated, and the method of fee apportionment and imposition of charges on properties within the area, as established at the hearing, must be incorporated in the City Council resolution, a certified copy of which must be recorded by the City Council with the County Recorder. Such apportioned fees are applicable to all property within the area of benefit and are 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 must provide for payment of the share of improvement costs apportioned to such lands from other sources. (E) Payment of fees with respect to major thoroughfares is not required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. 427
(F) Payment of fees with respect to a bridge facility are not required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Fees must not be expended to reimburse the cost of existing bridge facility construction. (G) Major Protest.
(1) Protests against the proposed improvement, the requirement for paying fees, the apportionment of the fees or the determination of the boundaries of the area of benefit may be filed at any time before the hour set for hearing. If there is a written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefited by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings must be abandoned, and the City Council must not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of these sections.
(2) Nothing in this section must preclude the processing and recordation of maps in accordance with other provisions of the law and ordinances relating to maps if the proceedings under these sections are abandoned.
(3) Any protest may be withdrawn by the owner making the same, in writing, at any time before the conclusion of the aforesaid public hearing held pursuant to this title. (4) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of these sections to construct that portion of the improvement so protested against are barred for a period of one year, but the City Council is not barred from commencing new proceedings not including any part of the improvement or acquisition protested against.
Nothing in this section prohibits the City Council, within such one-year period, from commencing and carrying on new proceedings or the construction of a portion of the improvements 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 benefited are in favor of going forward with such portion of the improvement or acquisition.
(H) Fees.
(1) Fees or charges paid pursuant to these sections must be deposited in a planned bridge facility or major thoroughfare fund. A fund must be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Monies in such fund may be expended only for constructing or reimbursing for construction of the improvement 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. (2) The fees or charges collected must be paid to the city or the subdivider constructing the bridge or major thoroughfare, and the city, with respect to any property within its jurisdiction which in the opinion of the City Council is benefitted by the construction of the bridge or major thoroughfare, may enter into a reimbursement agreement with the subdivider. (3) In lieu of the payment of fees, the city may accept other considerations which it deems equivalent.
(4) The city may advance money from its general fund or road fund to pay the cost of constructing improvements and may reimburse the general fund or road fund for such advances from planned bridge facility funds or major thoroughfare funds established to finance the construction of such improvements.
(I) Interest-bearing Indebtedness; Other Funds.
(1) The city, when imposing fees pursuant to this section, may incur an interestbearing indebtedness for the construction of such bridge facilities or major thoroughfares; provided, that the sole security for repayment of such
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indebtedness are monies deposited as set forth above in planned bridge facility or major thoroughfare funds.
(2) Nothing in this chapter should be construed to preclude the city from providing funds for the construction of bridge facilities or major thoroughfares in order to defray costs not allocated to the area of benefit.
(Ord. 1102, passed 6-7-04)
§ 16.42.992 SUPPLEMENT SIZE, CAPACITY OR NUMBER REQUIRED.
Improvements installed by the subdivider for the benefit of the subdivision must contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and such improvements must be dedicated to the public. Supplemental length may include minimum sized off- site sewer lines necessary to reach a sewer outlet in existence at that time. (Ord. 1102, passed 6-7-04)
§ 16.42.993 REIMBURSEMENT AGREEMENT.
The city may enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only, and the actual cost of such improvements, including an amount attributable to interest. (Ord. 1102, passed 6-7-04)
§ 16.42.994 METHOD OF REIMBURSEMENT.
In order to pay the costs as required by the reimbursement agreement, the city may:
(A) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use. (B) Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider. (C) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefitted.
(Ord. 1102, passed 6-7-04)
§ 16.42.995 REIMBURSEMENT FOR DRAINAGE AND SANITARY SEWER FACILITIES.
The City Council may adopt the plan and map designated in Cal. Gov’t Code 66483 and impose a reasonable charge on property within the area which, in the opinion of the City Council, is benefitted by drainage or sanitary sewer facilities. The charge collected must be paid to the city or subdivider constructing such drainage or sanitary sewer facilities, and any local agency within the drainage or sanitary sewer area may enter into a reimbursement agreement with the subdivider. (Ord. 1102, passed 6-7-04)
§ 16.42.996 REIMBURSEMENT FOR BRIDGES OR MAJOR THOROUGHFARES.
The City Council may establish an area of benefit pursuant to Cal. Gov’t Code 66484 and may impose a reasonable charge on property within the area which, in the opinion of the City Council, is benefitted by the construction of the bridge or major thoroughfare. The charge collected must be paid to the city agency or subdivider constructing the bridge or major thoroughfare, and any local agency having jurisdiction over any property which, in the opinion of the City Council, is benefitted by the construction of the bridge or major thoroughfare may enter into a reimbursement agreement with the subdivider. (Ord. 1102, passed 6-7-04)
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§ 16.42.997 FEES ESTABLISHED BY RESOLUTION.
The amount and manner of collecting fees, and the Area of Benefit to which the fees are apportioned, may be established by City Council resolution.
(Ord. 1102, passed 6-7-04)
§ 16.42.998 PAYMENT OF FEES REQUIRED.
Pursuant to the provisions of this division, as a condition of approval of a Final Map or as a condition of issuing a building permit, and before a Final Map is filed or a building permit issued, every subdivider must pay any fees established and apportioned to the property pursuant to this division. (Ord. 1102, passed 6-7-04)
§ 16.42.999 IN-LIEU CONSIDERATIONS.
The City Council may accept consideration in lieu of fees required pursuant to this division, provided:
(A) The City Council finds, upon recommendation of the Public Works Director, that the substitute consideration has a value equal to or greater than the fee; and (B) The substitute consideration is in a form acceptable to the City Council. (Ord. 1102, passed 6-7-04)
CHAPTER 16.43:CONDOMINIUMS AND CONVERSIONS
Section
Division 1. Residential Condominiums and Conversions
16.43.010 Purpose
16.43.020 Applicability
16.43.030 Conditional use permit required
16.43.040 Application for residential condominium conversion project
16.43.050 Standards and criteria
16.43.060 Zone requirements
16.43.070 Development standards
16.43.080 Noise attenuation
16.43.090 Verification of sound class
16.43.100 Additional development standards
16.43.110 Notice - Residential condominium conversions
16.43.120 Right to purchase - Residential condominium conversions
16.43.130 Relocation assistance - Residential condominium conversions
16.43.140 Covenants, conditions and restrictions (CC&Rs)
16.43.150 Preconversion protection - Residential condominium conversions
16.43.160 Affordable rental units - Residential condominium conversions
16.43.170 Preservation of low-and-moderate income housing supply - Residential condominium conversions
16.43.180 Required findings - Residential condominium conversions 430
16.43.190 Conditions of approval - Residential condominium conversions
16.43.200 Capital contributions and warranties - Residential condominium conversions
16.43.210 Notice upon approval - Residential condominium conversions
16.43.220 Modification of residential condominium conversion development standards
Division 2. Commercial and Industrial Condominiums and Conversions
16.43.230 Application requirements
16.43.240 Standards conformance
16.43.250 Other standards and conditions
DIVISION 1: RESIDENTIAL CONDOMINIUMS AND CONVERSIONS
§ 16.43.010 PURPOSE.
(A) Residential condominium projects and residential condominium conversion projects provide for individual ownership of separate dwelling units, which usually are in close proximity (either attached or detached) to one another. The area surrounding the dwelling units is a common area that is normally managed and maintained by the individual owners of dwelling units in accordance with the rules of an association agreement. This hybrid ownership, that mixes individual ownership and ownership in common, magnifies the impact upon the public health, safety, welfare, convenience, and economic prosperity of the larger community when conditions of poor land use and site planning, mismanagement, neglect and blight are allowed to occur.
(B) The city seeks to avoid the unique problems that beset residential condominium projects and residential condominium conversion projects and it further seeks to provide a varied choice of housing types and neighborhoods for all residents regardless of whether they are renters or owners.
Therefore, it is the express intent of the city to treat residential condominium projects and residential condominium conversion projects, which are usually owner occupied, differently from apartment projects and other like structures or projects, which usually provide rental forms of housing. (Ord. 1169, passed 2-5-07)
§ 16.43.020 APPLICABILITY.
The regulations set forth in this chapter apply to residential condominium projects, residential condominium conversions, and mobile home park condominium conversions. (Ord. 1169, passed 2-5-07)
§ 16.43.030 CONDITIONAL USE PERMIT REQUIRED.
Residential condominium projects. All residential condominium projects require a valid conditional use permit issued in accordance with this Development Code. (Ord. 1169, passed 2-5-07)
§ 16.43.040 APPLICATION FOR RESIDENTIAL CONDOMINIUM CONVERSION PROJECT.
In addition to any other requirements in this Development Code, applications for a conditional use permit for a residential condominium conversion project require the following:
(A) A site plan, which includes at least the location, number of stories, number of dwelling units, and proposed uses for each structure to remain and for each proposed new structure; (B) The location and description for all private outdoor storage areas; 431
(C) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas and curb cuts;
(D) The location, height and type of materials for walls or fences; (E) The location of all landscaped areas, the type of landscaping, method of irrigation, and a statement specifying private or common open maintenance; (F) The location and description of all recreational facilities; (G) The location size and number parking spaces to be used in conjunction with each unit; (H) Floor plans, indicating the square footage and number of bedrooms per unit; (I) Specific information concerning the demographic characteristics of the project, including, without limitation, the following:
(1) A certified list of the names and addresses of all tenants residing in the proposed project at the time the application is filed;
(2) Information concerning the existing tenants households, including family size, length of residence, and age of tenants;
(3) Current rents for each unit;
(4) Square footage and number of rooms in each unit;
(5) Approximate proposed price for which each unit would be sold; (6) The pro forma budget proposed to be submitted to the State Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by individual unit owners prepared by a certified public accountant; and
(7) Such additional information as may be reasonably required by the Director. (J) A property report describing in detail the condition and useful life of the roof, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewer systems, sprinkler systems for landscaping, utility delivery systems, center or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, structural elements and drainage systems of all existing buildings and structures; such report must be prepared by a registered civil or structural engineer, or a licensed architect. The property report must list each built-in appliance (garbage disposals, dishwashers, water heaters, ranges, ovens and air conditioners) to be contained in each or any unit offered for sale and state whether the appliance is or will be new or used when the unit is first offered for sale. The report must also state the terms and nature of the warranty offered by the applicant on each such appliance. (K) A descriptive report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls and ceilings; the data for such report must include a sampling of at least 10% of the dwelling units involved, but in no case fewer than two dwelling units, and must be compiled by a person licensed in the field of acoustical testing and engineering. (L) A structural pest control report on each structure and on each unit within a structure, describing in detail the presence and effects of any wood-destroying organisms, prepared by licensed pest-control operator.
(M) Signed copies from each tenant of notice of intent to convert, as required by this Development Code. The subdivider must submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted. (Ord. 1169, passed 2-5-07)
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§ 16.43.050 STANDARDS AND CRITERIA.
(A) Copy of reports. For residential condominium conversion projects, the subdivider must provide each prospective purchaser with a copy of the property report, acoustical report and structural pest control report (in their final acceptable form), and a copy of the conditional use permit with all conditions of approval prior to entering escrow. Copies of the reports and permits must be available at all times at the sales office and the project site. The permit and documents must be printed in Spanish if requested.
(B) Code compliance investigation. For residential condominium conversion projects, the subdivider must request, and pay for, a code compliance inspection by the Building and Safety Department for all units in a project.
(C) Covenants, conditions and restrictions (CC&Rs). Residential condominium and residential condominium conversions must submit CC&Rs to the city for approval at the time of the conditional use permit application. The CC&Rs must first be approved as to form and content by the City Attorney and then by the City Council at the time the Council takes action on the tentative map. The CC&Rs must include, without limitation, the conveyance of units; parking assignments; common area maintenance agreements, including facilities and landscaping; an estimate of any initial assessment fees anticipated for maintenance; description of how maintenance will be provided for all vehicle access areas; an allocation of appropriate responsibilities for maintaining all utility lines and services for each unit. In addition, the following provisions must be contained in the CC&Rs:
(1) A residential condominium project or residential condominium conversion project consisting of three or more units must establish and maintain a home owners association. (2) An individual owner cannot avoid liability for the owner’s prorated share of the expenses for the common area by renouncing rights in the common area. (3) Any additional conditions as may be required by the City Council. (4) Any amendment or modification to the CC&Rs relating to the provisions required by the city, must have the approval of the City Council. (5) The applicant must reimburse all costs for the city’s review of the CC&Rs including, without limitation, attorney’s fees.
(D) Criteria. In considering residential condominium projects, the Planning Commission and City Council will utilize the following criteria:
(1) The project should be a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles.
(2) Architectural unit and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute a negative disruption to the established fabric of the community.
(3) The layout of structures and other facilities should be designed for maintenance and management of street, driveway, curb cut, utility and other public or quasi-public improvements.
Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, and electricity).
(4) The project should be designed to maintain as much of the natural topography, large trees and environment as practicable.
(5) The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time, not destroying these advantages 433
for adjacent properties. Structures should also be situated to minimize or buffer any undesirable properties of the site such as street noise and nearby obnoxious commercial or industrial uses. (6) The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, auditory and other intrusions.
(Ord. 1169, passed 2-5-07)
§ 16.43.060 ZONE REQUIREMENTS.
(A) All residential condominiums must meet the standards for residential dwellings within the zone the project is proposed, or in the case of a conversion, where it exists, except as may be modified by this Development Code or through the conditional use permit. (B) In multi-family zones, the project must meet the common and private usable open space requirements of the underlying zone.
(Ord. 1169, passed 2-5-07)
§ 16.43.070 DEVELOPMENT STANDARDS.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) Off-street parking. Each unit must be provided with a two-car garage or carport or with two adjoining single-car garages or carports. One parking space per four units, which may be covered or uncovered, must be provided for guest parking.
(B) Private storage. Each unit must have at least 90 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space may be provided in any location approved by the city but cannot be divided into two or more locations.
(C) Laundry facilities. A laundry area must be provided in each unit for new condominiums.
For condominium conversion projects, laundry facilities may be provided in each unit or a common laundry area. If common laundry areas are provided, such facilities must consist of not less than one automatic washer and dryer for each five units or fraction thereof. A house panel and separate meters for gas and water must serve common laundry areas.
(D) Drip pans. Clothes washers, dish-washers, hot water heaters and any other appliance which the Building Official determines to be a potential source of water leakage or flooding must be installed with built-in drip pans and appropriate drains subject to the approval of the Building Official. (E) Utility meters. Each utility that is controlled by and consumed within the individual unit must be separately metered in such a way that the unit owner can be separately billed for its use. In the case of water, master meters for the project may be permitted, with the exception of water sprinklers, in certain projects in which the Planning Commission or the City Council finds that there will be a substantially uniform use of water by individual owners, provided each unit is individually plumbed and each is provided with an accessible location for future installation of a submeter. (F) Circuit breakers. Each unit must have its own circuit breaker panel for all electrical circuits and outlets, which serve the unit. Circuit breaker panels must be accessible to occupants. (G) Isolation of vibration and structure-borne noise. Isolation of vibration and sources of structure-borne noise in condominium projects where units have common walls, floors or ceilings must comply with the following:
(1) Shock mounting of mechanical equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, 434
expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, is determined by the Building Official to be a source of structural vibration or structure-borne noise must be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official.
Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, must be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors must be installed on all water lines. If the units can accommodate nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates must be installed in a manner approved by the Building Official.
(2) Location of plumbing fixtures. No plumbing fixture may be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit. For residential condominium conversion projects, where determined practicable by the Building Official, plumbing fixtures must be located on interior walls within the unit or on exterior walls of the project.
(3) Isolation and insulation of lines. All water supply lines within the project must be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multi-story condominium projects, all vertical drainage pipes must be surrounded by three-quarter-inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length including the sections that pass through wood or metal framing. All vertical drainage pipes must be cast iron.
(4) Drain waste and vents. All drain waste and vents must be separate, and connected only outside of the building.
(Ord. 1169, passed 2-5-07)
§ 16.43.080 NOISE ATTENUATION.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms, and garages must provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor/ceiling assemblies.
(B) Airborne sound insulation. All wall assemblies must be of a type of construction that has a minimum rating of 55 STC (sound trans-mission class). All floor/ceiling assemblies must be of a type of construction that has a minimum rating of 55 STC. Wood floor joists and subflooring must not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits, heating, and ventilating or airconditioning intake and exhaust ducts, and the like must be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment must be approved by the Building Official. Entrance doors to the unit must be of solid construction and, together with perimeter seals, must have a minimum rating of 33 STC. Such perimeter seals must be maintained in effective operating condition. (C) Impact sound insulation. All separating floor/ceiling assemblies must be of a type of construction that has a minimum rating of 65 IIC (impact insulation class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation.
(Ord. 1169, passed 2-5-07)
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§ 16.43.090 VERIFICATION OF SOUND CLASS.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) STC and IIC ratings must be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating must be based on the American Society for Testing and Materials system specified in ASTM E90-66t or equivalent. The IIC rating must be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems.
(B) In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant of the residential condominium project or residential condominium conversion must either:
(1) Furnish the Building Official with data based upon tests performed by a recognized and approved testing laboratory; or
(2) Furnish the Building Official with verified manufacturer’s data on the ratings of the various wall and floor/ceiling assemblies utilized in the project. (C) Field testing may be required for residential condominium conversions projects if the Building Official finds that it is necessary to verify the technical data submitted. (Ord. 1169, passed 2-5-07)
§ 16.43.100 ADDITIONAL DEVELOPMENT STANDARDS.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) All residential condominium and condominium conversion projects must comply with all applicable uniform codes as adopted by the city including without limitation fire, building, plumbing and electrical.
(B) Fire-resistive separations. All separation between units must be one-hour fire-resistive construction as a minimum.
(C) Energy conservation measures. Roof and ceiling assemblies must meet the R-30 insulation standards. Exterior openings must be weather-stripped. New or replacement windows must meet state energy standards. Exposed heating ducts and hot water piping and hot water tanks must be insulated. Every project must include energy conservation features such as high efficiency furnaces, low flow toilets and showerheads, as determined by the Building Official per the State Energy Code. (D) All public improvements necessary to comply with city requirements must be constructed before the final map can be approved.
(E) Seismic safety report. For residential condominium conversion projects only, a seismic safety report with recommended improvements must be provided. (F) Appearance. For residential condominium conversion projects only, all main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas irrigation systems and additional elements as required by the City Council must be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. (Ord. 1169, passed 2-5-07)
§ 16.43.110 NOTICE - RESIDENTIAL CONDOMINIUM CONVERSIONS. (A) Notice to the tenants within a proposed condominium or cooperative conversion must be as provided in Cal. Gov’t Code 66427.1. The subdivider is responsible for any costs involved in complying with the provisions of this division. Conversion of a mobile home park to another use will require compliance with Cal. Gov’t Code 66427.4.
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(B) Written notices must also be mailed to each tenant residing in the project not less than ten days before the public hearing on the conditional use permit. (Ord. 1169, passed 2-5-07)
§ 16.43.120 RIGHT TO PURCHASE - RESIDENTIAL CONDOMINIUM CONVERSIONS.
Pursuant to Cal. Gov’t. Code 66427.1, the subdivider must provide each tenant notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public. (Ord. 1169, passed 2-5-07)
§ 16.43.130 RELOCATION ASSISTANCE - RESIDENTIAL CONDOMINIUM CONVERSIONS.
The subdivider must provide relocation assistance to any tenant who was a resident of the building to be converted at least 60 days before the filing date of the tentative map, as well as on the date of final map approval, and who does not intend to purchase a unit. Such assistance must include the following:
(A) The subdivider must provide each tenant with a complete and current list of available rental units within a three-mile radius of the building being converted, which are comparable in size, price and amenities. This list must be provided with the 180-day notice of tenancy termination as required in Cal. Gov’t Code 66427.1.
(B) The subdivider must pay relocation assistance equaling the cost of three months rent, to each rental household at the time the 180-day notice of tenancy termination is given. If the tenant elects to purchase his or her unit, such relocation assistance must be applied to the cost of the unit. (C) Any tenant over the age of 62, handicapped as defined in Cal. Health & Safety Code 50072, disabled as defined in 42 USC 423(d), and any successor statute or regulation, or residing with one or more minor dependent children, must be given an additional 60 days to relocate beyond the 180- day provision of the Government Code.
(D) In conversion projects of 25 or more dwelling units, the developer must provide a relocation specialist to assist displaced tenants in finding new housing who must be on-site at least biweekly, beginning no later than 15 days after the approval of the tentative map by the city and continuing until the expiration of the tentative map or six months after the approval of the final map, whichever occurs first.
(Ord. 1169, passed 2-5-07)
§ 16.43.140 COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS).
In addition to the general requirements for CC&Rs set forth in this chapter, the following provisions must be contained in CC&Rs for residential condominium conversions:
(A) For the period beginning with the sale of the first unit and continuing for a period of one year after the sale of 50% of the units the developer must fulfill all responsibilities of the association for maintenance of all facilities that may require maintenance during this period. The expiration of this period will not limit or relieve the developer from satisfactory performance of any agreements executed with the city.
(B) The condominium must be managed by a professional manager or management firm for at least the first year following the date of the sale of the first unit. (Ord. 1169, passed 2-5-07)
§ 16.43.150 PRECONVERSION PROTECTION - RESIDENTIAL CONDOMINIUM CONVERSIONS.
From the date of application for a permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant can be unjustly evicted and no tenant’s rent can be increased more frequently than once every year nor in an amount greater than the 437
annual increase in utility costs and insurance costs, plus increased operating costs not to exceed 2% a year. This limitation will not apply if rent increases are expressly provided for in leases or contracts in existence before the filing date of the conditional use permit for the conversion. (Ord. 1169, passed 2-5-07)
§ 16.43.160 AFFORDABLE RENTAL UNITS - RESIDENTIAL CONDOMINIUM CONVERSIONS.
If any of the units in the project are classified as “affordable housing” under this Development Code, a conditional use permit allowing for residential condominium conversion can be approved only with a condition requiring the project to have the same number and type of affordable units after conversion.
Such condition will be secured with an appropriate covenant in a form approved by the City Attorney. All units subject to this affordability restriction must be owner-occupied, except as otherwise set forth in an approved affordable housing plan. Any such units that are retained by the original owner and not sold are subject to affordable rental restrictions as set forth in this Development Code. (Ord. 1169, passed 2-5-07)
§ 16.43.170 PRESERVATION OF LOW-AND-MODERATE INCOME HOUSING SUPPLY - RESIDENTIAL CONDOMINIUM CONVERSIONS.
In order to reduce the effect of conversions on the city’s housing supply and to minimize the displacement of tenants, the number of residential condominium conversion projects is limited as follows:
(A) The current vacancy rate for rental units within the city is not less than 2.45%, as determined by the most recent Community Development Department survey, State of California Department of Finance or other reliable vacancy rate data acceptable to the city; or (B) That mitigating circumstances exist which justify approval of the condominium conversion when the vacancy rate is lower than 2.45%. Consideration of mitigating circumstances must, at a minimum, include that new rental units are to be constructed which will replace those to be converted.
The number of replacement units will equal or exceed the number of units proposed to be converted.
Replacement units will be completed and occupancy permits issued before approval of the final map for the conversion; or that the conversion will help meet other city housing goals by providing a substantial percentage of its units at affordable prices and the provision of such housing opportunities outweighs any loss of rental units.
(Ord. 1169, passed 2-5-07)
§ 16.43.180 REQUIRED FINDINGS - RESIDENTIAL CONDOMINIUM CONVERSIONS.
In approving a conditional use permit for a residential condominium conversion project, the Planning Commission or City Council must find that the proposed residential condominium conversion project would not adversely affect the supply and availability of rental housing in the city or within a specified area in the city and make the following findings:
(A) All provisions of this title and the Subdivision Map Act are met, including all notices required pursuant to Cal. Gov’t Code 66427.1;
(B) The proposed conversion is consistent with the General Plan; (C) The proposed conversion will conform to this Development Code, in effect at the time of tentative map approval, except as otherwise provided in this chapter; (D) The overall design and physical conditions of the condominium conversion achieves a high degree of appearance, quality and safety; and
(E) The current vacancy rate for rental units within the city is not less than 2.45% except as otherwise provided in the chapter.
(Ord. 1169, passed 2-5-07)
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§ 16.43.190 CONDITIONS OF APPROVAL - RESIDENTIAL CONDOMINIUM CONVERSIONS.
All conditional use permits allowing residential condominium conversion projects are subject to all of the following conditions in addition to those deemed necessary by the Planning Commission or City Council:
(A) All tenants must be given a minimum of 180 days notice to vacate the premises in accordance with applicable law. Such notice does not restrict the exercise of lawful remedies pertaining to, without limitation, tenants’ default in the payment of rent or the defacing or destruction of all or part of the rented premises.
(B) The property owner must request and receive inspection of individual dwelling units from the Building Department before sale or reoccupancy of each unit. (C) In the case of the conversion of a mobile home park to any other use, the person proposing such a change of use must file a report with the city and the tenants on the impact of the conversion upon the displaced residents of the mobile home park to be converted as provided for in Cal.
Gov’t Code 65863.7. The city will have the right to require the person proposing the conversion to mitigate any adverse impacts of the conversion on the ability of the displaced residents to find adequate space in a mobile home park.
(Ord. 1169, passed 2-5-07)
§ 16.43.200 CAPITAL CONTRIBUTIONS AND WARRANTIES - RESIDENTIAL CONDOMINIUM CONVERSIONS.
Without limiting the generality of the provisions relating to conditions that may be imposed on a conditional use permit under this title, the City Council may include the following in any conditional use permit issued pursuant to this chapter:
(A) A capital contribution provided by the subdivider to the association for the deferred maintenance of the common area and the deferred maintenance or replacement of any of the elements described in the property report, which are owned or maintained by the association. The information regarding the estimated replacement cost of those elements whose useful life is less than five years may be used in determining the amount of such contribution. (B) A one-year warranty provided free of charge by the subdivider to the association for those systems described in the property report which are owned or maintained by the association. Such warranty need not cover those systems, which may be covered by a substantial capital contribution by the developer for deferred maintenance.
(C) A one-year warranty provided free of charge by the subdivider to the first purchaser of each unit on dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, heating systems, and air conditioners provided therein as of the close of escrow. (Ord. 1169, passed 2-5-07)
§ 16.43.210 NOTICE UPON APPROVAL - RESIDENTIAL CONDOMINIUM CONVERSIONS. (A) Written notices must be mailed to all tenants residing in the project within ten days after the approval of any conditional use permit allowing a residential condominium conversion project. (B) Such notice must state all of the conditions of approval of the conditional use permit. (Ord. 1169, passed 2-5-07)
§ 16.43.220 MODIFICATION OF RESIDENTIAL CONDOMINIUM CONVERSION DEVELOPMENT STANDARDS.
The City Council can modify the development standards on residential condominium projects or residential condominium conversion projects through the conditional use permit if, based upon substantial evidence, the City Council finds that the modification will not be materially detrimental to the proposed 439
residents of the projects or to residents of surrounding properties; the modification is not materially detrimental to public health or safety; and that the modification helps implement the goals of the General Plan.
(Ord. 1169, passed 2-5-07)
DIVISION 2: COMMERCIAL AND INDUSTRIAL CONDOMINIUMS AND CONVERSIONS § 16.43.230 APPLICATION REQUIREMENTS.
All commercial and industrial condominium and cooperative or condominium and cooperative conversion projects require a conditional use permit and must comply with all provisions of the subdivision regulations of the city and the Subdivision Map Act. (Ord. 1169, passed 2-5-07)
§ 16.43.240 STANDARDS CONFORMANCE.
All commercial and industrial condominiums and cooperatives, whether being constructed or converted, must comply with the standards set forth below unless, in the opinion of the Planning Commission or City Council, the strict adherence to these standards is unreasonable or impossible and the project should still be approved for other reasons based upon substantial evidence. (A) Unit Separation Walls. All unit separation walls must be of one-hour fire-resistive construction as a minimum.
(B) Utility Metering. All units must be separately metered for all public utilities unless findings can be made by the Planning Commission or the City Council that utility usage will be nearly uniform for all units within the project.
(C) Meter Rooms. Any meter rooms must have an outside access point, which is available to all units without the necessity of entering another unit. (D) Restroom Facilities. Each unit must have individual restroom facilities. If, in the opinion of the Planning Commission or City Council, such facilities cannot be provided, community restroom facilities may be provided if those facilities are available to each unit without the necessity of entering another unit.
(Ord. 1169, passed 2-5-07)
§ 16.43.250 OTHER STANDARDS AND CONDITIONS.
The project must meet all of the development standards required of properties within the zone in which the project is located as well as any other conditions which may be imposed as a part of the conditional use permit or subdivision approval.
(Ord. 1169, passed 2-5-07)
CHAPTER 16.44:GRADING PERMITS
Section
16.44.010 Purpose and intent
16.44.020 Applicability
16.44.030 Grading permit required
16.44.040 Grading permit application
16.44.050 Grading permit issuance and conditions
16.44.060 Performance security
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16.44.070 Time limits and extensions
16.44.080 Inspections during grading operations
16.44.090 Inspections and final report
§ 16.44.010 PURPOSE AND INTENT.
The purpose of Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16 is to establish minimum requirements for the grading of properties both in hillside and other environments.
These requirements are intended to minimize hazards affecting people and properties from adverse slope, erosion, and drainage conditions; protect the integrity and diversity of natural environments, and the animals living in these environments; and preserve and enhance the scenic qualities and aesthetic character of the city.
(Ord. 1103, passed 3-7-05)
§ 16.44.020 APPLICABILITY.
(A) The provisions of Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16 apply to all excavation, fill, or other grading activities regardless of whether a grading permit is required, unless alternate grading and erosion control standards have been established for a particular site through the adoption of a specific plan.
(B) Every map approved pursuant to this Title 16 will be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to offsite property, as set forth in the Building Code. (C) The provisions of Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16 will not apply to work accomplished under the auspices of, or on land owned or controlled by, the United States of America or by the State of California. (Ord. 1103, passed 3-7-05)
§ 16.44.030 GRADING PERMIT REQUIRED.
(A) Permit required. No person may commence or perform any grading or relocation of earth, and no person may import or export any earth materials to or from any grading site without first having obtained the appropriate development permit and/or final recorded tract map, and without first having received a grading permit from the City Engineer or Building Official, as required by provisions of this chapter.
(B) Grading on adjacent property. Upon approval by the City Engineer or Building Official, grading may be performed on property for which required permits or entitlements have not been granted, if such grading is necessary to development on adjacent property for which such permits or entitlements have been granted.
(C) Exceptions. The following activities are exempt from the requirement for a grading permit:
(1) An excavation which does not exceed 50 cubic yards or is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than 2:1, unless the cut slope is made in an area of adverse geological conditions. (2) A fill less than one foot in depth and placed on natural terrain with a slope flatter than 5:1, or a fill less than three feet in depth not intended to support structures, provided such fill does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. (3) Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools, or other structures authorized by a valid building permit. This will not exempt any fill made with materials from such excavations or exempt any excavation having an unsupported height greater than five feet after the completion of such structures. 441
(4) Mining, quarrying, excavating, processing, and the stockpiling of rock sand, or gravel aggregate or clay, provided a valid surface mining permit has been issued by the city pursuant to Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16. (5) The depositing of rubbish or other materials at any dump or sanitary landfill approved by and operating pursuant to the requirements, rules, and other applicable local, state, and federal regulations. Such exemption will not extend, however, to surrounding berms, permanent access roads to the site, permanent building sites, or protective drainage works. (6) The construction of dams or reservoirs regulated or owned by the state and the federal governments.
(7) The temporary stockpiling of quarried or mined products or earth for future processing, disposal, or sale, but only insofar as such operations are conducted at a distance of more than 100 feet inside the outer property line of any parcel of land held in a single ownership, and further provided such stockpiling is authorized by applicable land use permits. (8) Fanning and agricultural grading operations on parcels in a single ownership which are larger than ten acres, and are zoned and used primarily for agricultural and/or soil and water conservation work under the direct control of the United States Department of Agriculture Soil Conservation Service. Fanning and agricultural grading operations will not be interpreted to include:
(a) The construction of water- impounding structures of earth (which are not under the direct control of the United States Department of Agriculture Soil Conservation Service), where the maximum depth to which water is or may be impounded is five feet or greater, or (b) The excavation and/or filling of earth on which a structure requiring a building permit is to be supported.
(9) Grading operations conducted by the city for capital improvement projects approved by the Council.
(10) Exploratory borings and trenches made for soil engineering and engineering geological investigations.
(11) Routine excavations and fills for cemetery graves. (12) Any grading operation conducted during a period of emergency or disaster and which is directly connected with or related to the relief of conditions caused by such emergency or disaster.
(Ord. 1103, passed 3-7-05)
§ 16.44.040 GRADING PERMIT APPLICATION.
(A) Application requirements. An application for a grading permit and all required permit fees must be filed with the City Engineer or Building Official on forms provided by the city and in accordance with the terms set forth on the form. Except as waived by the City Engineer or Building Official for minor grading, the plans must be prepared and signed by a civil engineer, soils engineer, and, where applicable, engineering geologist, and/or landscape architect, and must show the following:
(1) A vicinity sketch or other data adequately indicating the site location. (2) The property lines and dimensions and bearings of the property on which the work is to be performed.
(3) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any building or structure on the land of adjacent property owners, where such building or structure is within 50 feet of the property boundary. (4) Identification of any tree or trees protected by the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16, including those trees for which removal has been expressly allowed. The location of such trees must be precisely depicted on the plan, indicating the location of the 442
exact center of the trunk, based upon a field survey by a licensed surveyor. Trees to remain must be permanently marked with numbered tags at a location three feet above the natural grade in a manner acceptable to the Public Works Director. The plan must indicate such tag number for each tree, the diameter of the trunk of each tree, the existing ground elevation of the downhill side of the tree, a specific reference to its habit of branching (i.e., low branching restricting movement to the southeast), and the ground plane projections the natural drip line of the tree, as determined by a physical survey. The plan must indicate the proposed disposition of each such tree. (5) Accurate topography showing suitable contours of the existing ground. The contours must be extended past the boundary lines of any project for a minimum of 100 feet. The City Engineer or Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development.
(6) The deviations, dimensions, locations, extent, and slopes of all proposed grading, shown by contours or other means.
(7) A certification of the quantity and type of material of the excavation and fill involved, and the estimated starting and completion dates. (8) Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations must be signed by a civil engineer. (9) Any special reports, such as geotechnical, soils, or groundwater, required by the City Engineer or Building Official.
(10) An indication as to the type of structure to be constructed or proposed use of the site, such as single-family residence, multiple-family residence, or commercial or industrial building. (11) Any additional plans, drawings, or calculations required by the City Engineer or Building Official to facilitate review of the grading plan. (B) Environmental review. Grading permit applications are subject to review under the California Environmental Quality Act, or CEQA (Cal. Pub. Res. Code §21000 et seq.), the Guidelines for the California Environmental Quality Act (Cal. Gov’t Code §15000 et seq.), and the city’s own CEQA guidelines, except as may be exempted by these statutes and regulations. Any such required review will be conducted in conjunction with review of a grading permit application, unless proposed grading has previously been reviewed as part of an approved land use permit pursuant to this Title 16. (Ord. 1103, passed 3-7-05)
§ 16.44.050 GRADING PERMIT ISSUANCE AND CONDITIONS.
(A) Findings required for approval. Grading projects may be approved and grading permits issued only when the City Engineer or Building Official makes all of the following findings:
(1) The proposed grading conforms to all applicable requirements set forth in Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16; (2) The proposed grading conforms with all applicable provisions of the General Plan, any applicable specific plan, and any applicable associated discretionary approval issued pursuant to this Title 16;
(3) Any permits required by county, state, or federal agencies for the proposed grading have been obtained;
(4) Appropriate environmental review pursuant to the California Environmental Quality Act has been completed;
(5) The proposed grading will not endanger any private property or present hazards to human life;
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(6) The proposed grading will not result in the deposit of debris on any public property, create erosion hazards, or interfere with any existing drainage course; and (7) The proposed grading will achieve the city’s aesthetic goals for protection of viewsheds and scenic resources.
(B) Grounds for denial. If the City Engineer or Building Official is unable to make all of the findings cited in paragraph (A) above and/or the area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit will be denied. (C) Conditions. In granting any permit pursuant to the provisions of this chapter, the City Engineer, Building Official, or their authorized representatives may attach such conditions as may be reasonably necessary to prevent the creation of a nuisance or hazard to public or private property. Such conditions may include, but will not be limited to:
(1) The improvement of any existing grading to bring it up to the standards of this chapter;
(2) Requirements for the fencing of excavations or fills which would otherwise be hazardous;
(3) Control of dust, erosion, water runoff, noise, and construction traffic; (4) Protection of trees pursuant to the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16; and
(5) Mitigation of any adverse environmental impacts identified through associated CEQA documentation.
(Ord. 1103, passed 3-7-05)
§ 16.44.060 PERFORMANCE SECURITY.
A grading permit will not be issued until the permittee posts with the office of the City Engineer or Building Official a bond or cash deposit to insure compliance with the provisions of Chapters 16.44 through 16.46 (Grading and Erosion Control) of this Title 16 and all conditions imposed on behalf of the city.
(Ord. 1103, passed 3-7-05)
§ 16.44.070 TIME LIMITS AND EXTENSIONS.
(A) Time limit.
(1) Once a grading permit has been issued, the permittee must fully perform and complete all of the approved work pursuant to the grading permit within the time limit specified in the permit. Once grading has commenced, it must be pursued with diligence so as to complete the operation within a reasonable period of time.
(2) If there is a cessation of grading activity for a period in excess of 60 days, the city may utilize the bonds posted to guarantee performance to complete the grading. The cessation of grading activity between November 1 and April 15 due to heavy rainfall will not be cause for the city to utilize the bonds to complete the grading.
(B) Extensions. If the permittee is unable to complete the work within the specified time, he or she may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the City Engineer or Building Official, sufficient justification is shown, the time specified on the permit may be extended for a period of up to 180 days or as approved by the City Engineer or Building Official, but no such extension will release any surety upon the bond. (Ord. 1103, passed 3-7-05)
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§ 16.44.080 INSPECTIONS DURING GRADING OPERATIONS.
(A) The City Engineer, the Building Official, the Director, the City Council, and the surety company, or their duly authorized representatives, must have access to the premises described in the grading permit for the purposes of inspecting progress of the work. In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his or her behalf, must have the right to go upon the premises to complete the required work, including installation of temporary erosion control devices and landscaping as required by the provisions of Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16. (B) It will be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the city engaged in the work ordered by the City Engineer, Building Official or the City Council. (Ord. 1103, passed 3-7-05)
§ 16.44.090 INSPECTIONS AND FINAL REPORT.
(A) Inspections authorized. All construction or work for which a permit is required will be subject to inspections by authorized employees of the city, and certain types of work to be determined by the City Engineer or Building Official will have either continuous inspection and supervision by a registered civil engineer, soils engineer, engineering geologist, and/or other appropriate consultants as a condition of the issuance of the grading permit. Prior to issuing a grading certificate, a final inspection will be made of all construction or work for which a permit has been issued. (B) Exposure of work. Whenever any work on which called inspections are required, as specified in this section, is covered or concealed by additional work without having first been inspected, the City Engineer or Building Official may, by written notice, require that such work be exposed for examination. The work of exposing and recovering will not entail expense to the city. (C) Notices. The permittee or his or her agent must notify the City Engineer or Building Official at least 24 hours in advance of the time when the grading operation is ready for each of the following inspections:
(1) Initial inspections. When the permittee is ready to begin work but before any grading or brushing is started;
(2) Toe inspections. After the natural ground is exposed and prepared to receive fill but prior to the placing of any fill. Approval for placing fill must not be made until all debris and unsuitable material has been removed from the site to an approved location; (3) Subdrain inspections. Inspections will be required on all subdrains after the installation but prior to the placement of any fill;
(4) Excavation inspections. After the excavation is started but before the vertical depth of the excavation exceeds ten feet;
(5) Fill inspections. After the fill emplacement is started but before the combined vertical height of the lift exceeds ten feet;
(6) Drainage device inspections. After the forms, steel reinforcement, and pipe are in place but before any concrete is placed;
(7) Rough grading. When all the rough grading has been completed. This inspection may be called for at the completion of the rough grading without the necessity of the City Engineer or Building Official having previously reviewed and approved applicable reports; (8) Rough grading certification. A conditional interim certificate may be issued to the Public Works Department to allow the issuance of building permits. This certificate will in no way exonerate the applicant from completing the grading;
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(9) Final certification. When all work, including the installation of all drainage structures, other protective devices, the compaction of trench backfill, and planting and slope stabilization, has been completed and the “as built” plan and required reports have been submitted; (10) Other inspections. In addition to the called inspections provided by this section, the City Engineer or Building Official may make any other inspections of any work to ascertain compliance with the provisions of this chapter and other laws; and (11) Interrupted grading. When the permittee is ready to resume work, but before any grading or brushing is started, the permittee or his or her agent must notify the City Engineer or Building Official 24 hours in advance of the time when the grading operation is ready. (D) Issuance of certificates. Upon the final inspection, when it is found that the work authorized by the grading permit, including the installation of a drainage structures, has been satisfactorily completed in accordance with the requirements of Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16, a grading certificate covering such work will be issued to the permittee by the City Engineer.
(E) Final reports. Upon the completion of the work, the City Engineer may require the following reports and information:
(1) A report from a registered civil engineer certifying that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and the provisions of Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title 16 and that the graded site will support residential or commercial type structures, whichever is applicable; (2) A soils engineering report including, but not limited to, certification of the soil bearing capacity, summaries of field and laboratory tests, locations of tests, expansive soil classification lot by lot, and slope tests taken in the fills showing the limits of compacted fill on an “as built” grading plan;
(3) An engineering geology report by the engineering geologist, based on the final contour map, including specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map, cross sections, and any recommendations necessary must be included; and
(4) When “as built” grading plans are required, as determined by the City Engineer, such plans must be signed by the supervising civil engineer, the soils engineer, and the engineering geologist, when applicable, for their portions of the work. (Ord. 1103, passed 3-7-05)
CHAPTER 16.45:GRADING REGULATION
Section
16.45.010 Excavations
16.45.020 Fills
16.45.030 Slope setbacks
16.45.040 Grading designation and inspection
16.45.050 Reports and statements, engineered grading
§ 16.45.010 EXCAVATIONS.
(A) Maximum slope. Cuts must not be steeper in slope than two horizontal units to one vertical unit. The City Engineer or Building Official may allow a slope greater than 2:1 for special circumstances or site conditions. Before the City Engineer or Building Official may allow a greater slope, the owner must furnish a geotechnical engineering or an engineering geology report, or both, as 446
requested by the City Engineer or Building Official, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.
Substantiating calculations and supporting data may be required where the City Engineer or Building Official determines that such information is necessary to verify the stability and safety of the proposed slope.
(B) Slope surface protection. All slopes must be stabilized against surface erosion.
Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved or directed by the City Engineer or Building Official. (C) Drainage. Drainage, including drainage terraces and overflow protection, must be provided as required by Chapter 16.47 of this Title 16. (Ord. 1103, passed 3-7-05)
§ 16.45.020 FILLS.
(A) Compaction. Fill must be compacted throughout their full extent to a minimum of 90% of maximum density as determined by ASTM Soil Compaction Test D 1557-91, where applicable; where not applicable a test acceptable to the City Engineer or Building Official must be used. Field density must be determined by a method acceptable to the City Engineer or Building Official. (1) Fill slopes steeper than two horizontal to one vertical must be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill is to be removed prior to completion or rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the City Engineer or Building Official that the angle of slope, construction method and other factors will accomplish the intent of this section.
(2) Fills not intended to support structures are not required to be compacted to these standards if the City Engineer or Building Official determines that such compaction is unnecessary as a safety measure. In making this determination, the City Engineer or Building Official may require that the owner provide a report from a soils engineer establishing the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage. (3) Slope surfaces may be prepared for planting by scarifying, by the addition of top soil, or by other methods, provided such slopes when so prepared otherwise comply with the requirements of this section.
(B) Preparation of ground. The existing ground surface must be prepared to receive fill by removing vegetation, noncomplying fill or other incompetent material. Where the slope of the existing ground surface is five horizontal to one vertical or steeper, the fill must be supported on level benches cut into competent material. The bench under the toe of a fill on a slope steeper than five to one must be at least ten feet wide. The area beyond the toe of fill must be sloped for sheet overflow or a paved drain must be provided. When fill is to be placed over a cut, the bench under the toe of fill must be at least ten feet wide, but the cut must be made before placing the fill and before acceptance by the geotechnical engineer or engineering geologist, or both if applicable, as a suitable foundation for fill. Daylight lines indicating a transition between fill and natural ground or fill and excavation are not allowed within the building area of a graded pad unless approved by the City Engineer or Building Official based on special circumstances or site conditions. Except where recommended by the geotechnical engineer or geologist as not being necessary and approved by the City Engineer or Building Official, subdrains must be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems must be of a material and design approved by the geotechnical engineer and acceptable to the City Engineer or Building Official. The permittee must provide continuous inspection during the process of subdrain installation to conform with approved plans and geotechnical engineer’s recommendation. Such inspection must be done by the soil testing agency. The location of the subdrains must be shown on a plan by the geotechnical engineer. Excavations for the subdrains must be inspected by the geologist when such subdrains are included in the recommendations of the geologist. 447
(C) Fill slope. The City Engineer or Building Official may allow a slope of steeper than 2:1 for special circumstances or site conditions. The steepness of fill slopes must be determined by a soil engineer who must submit soil test data and engineering calculations to substantiate to the satisfaction of the City Engineer or Building Official the stability of the fill slope and slope surface under conditions of saturation.
(D) Fill material. Detrimental amounts of organic material are not permitted in fills. Soil containing small amounts of roots may be allowed if the roots are in a quantity and distributed in a manner that is not detrimental to the future use of the site, and the use of the material is approved by the soil engineer and the City Engineer or Building Official. No rock or similar irreducible materials with a maximum dimension greater than 12 inches can be buried or placed in fills except as recommended by the soil engineer, approved by the City Engineer or Building Official and meeting the following requirements:
(1) The oversized material must be placed ten feet or more below finish grade; (2) A representative of the soil engineer must be present while the oversized material is placed and covered;
(3) The reports submitted by the soil engineer must acknowledge the placement of the oversized material and whether the work performed is in accordance with his or her recommendations and the approved plans; and
(4) The location of oversized rock dispersal areas must be shown on the as-built plan.
(5) Stockpiled soil, sand or gravel must be covered or stabilized as to prevent erosion by wind or water.
(E) Drainage. Drainage, including drainage terraces and overflow protection, must be provided as required by Chapter 16.47 of this Title 16. (F) Slopes to receive fill. Where fill is to be placed above the top of an existing slope steeper than three horizontal to one vertical, the toe of the fill must be set back from the top edge of the slope a minimum distance of six feet measured horizontally or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the City Engineer or Building Official. Fills must not toe out on slopes steeper than two horizontal to one vertical. (G) Inspection of fill. For engineered grading, the soil engineer must provide sufficient inspections during the preparation of the natural ground and the placement of compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this Code. In addition to the above, the soil engineer must be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet or result in a slope surface steeper than two horizontal to one vertical. (H) Testing of fills. Sufficient tests of the fill soils must be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the City Engineer or Building Official. The results of such testing must be included in the report required by this chapter. (Ord. 1103, passed 3-7-05)
§ 16.45.030 SLOPE SETBACKS.
(A) General requirements. Cut and fill slopes must be setback from site boundaries in accordance with this section. Setback dimensions must be horizontal distances measured perpendicular to the site boundary. The grading design must require that the property line between adjacent lots will be at the apex of the berm at the top of the slope. Property lines between adjacent lots cannot be located on a graded slope equal to five horizontal to one vertical or steeper. 448
(B) Top of cut slope. The top of cut slopes must not be made nearer to a site boundary line than one-fifth of the height of cut with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required intercepter drains. (C) Toe of fill slope. The toe of a fill slope must not be made nearer to the site boundary line than one-half of the height of the slope with a minimum of two feet and a maximum of 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed to such grading, special precautions must be incorporated in the work as the City Engineer or Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:
(1) Additional setbacks;
(2) Provision for retaining or slough walls;
(3) Mechanical or chemical treatment of the fill slope surface to minimize erosion; or (4) Provisions for the control of surface waters.
(D) Modification of slope location. The setback and other restrictions imposed by this section may be increased where unusual soil or geologic conditions make such increase necessary for safety or stability or may be modified upon investigation and recommendation by a soil engineer or geologist where such modification will provide equivalent safety, stability and protection, and the City Engineer or Building Official so finds.
(Ord. 1103, passed 3-7-05)
§ 16.45.040 GRADING DESIGNATION AND INSPECTION.
(A) General. Grading involving a fill intended to support structures, or the development of more than one lot or parcel of land, or in excess of 5,000 cubic yards of material, or grading where the City Engineer or Building Official determines special conditions or unusual hazards exist must conform with subsection (D) of this section. Grading other than engineered grading must be designated regular grading.
(B) Regular grading requirements. The grading must be inspected by the City Engineer or Building Official as set forth in subsection (C) of this section. The City Engineer or Building Official may require inspection and testing by a soil testing agency. If required, the soil testing agency’s responsibility will include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
(C) Inspection of excavation and fills.
(1) The City Engineer or Building Official, upon notification from the permittee or his or her agent, will inspect the grading at the following stages of the work and must either approve the portion then completed or must notify the permittee or his or her agent wherein it fails to comply with the requirements of this Code.
(a) Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill can be placed prior to this inspection.
(b) Rough. When approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; berms installed at the top of the slopes; and the statements required have been received. (c) Final. When grading has been completed; all drainage devices installed:
slope planting established, irrigation systems installed; and the as-graded plans and required statements and reports have been submitted.
(2) In addition to the called inspections specified above, the City Engineer or Building Official may make such other inspections as he or she may deem necessary to determine that 449
the work is being performed in conformance with the requirements of this Code. Investigation and reports by an approved soil testing agency, soils engineer and/or engineering geologist may be required. (D) Engineered grading requirements.
(1) For engineered grading, it is the responsibility of the persons listed below to perform the designated functions and provide reports as required by 16.45.050. These responsibilities and functions are in addition to those of the City Engineer or Building Official as set forth in subsection (C) of this section:
(a) Design engineer. The design engineer will prepare the grading plans and will incorporate recommendations from the sail engineering geology reports on such plans. (b) Field engineer. The field engineer will establish and approve line, grade and surface drainage. At the completion of the rough grading and final grading, the field engineer must submit the statements and reports required by 16.45.050. (c) Soil engineer. The soil engineer will provide professional inspection within such engineer’s area of technical specialty, which will include observation during grading and testing for required compaction. The soil engineer must provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this Code. Revised recommendations relating to conditions noted during grading and differing from the approved soils engineering and engineering geologic reports must be coordinated with the engineering geologist and submitted to the permittee, the Building Official. (d) Engineering geologist. The engineering geologist will provide professional inspection within such geologist’s area of technical specialty, which will include professional inspection of bedrock excavation or excavations of subdrains, buttress fills, and shear keys to determine that conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved geology reports must be submitted to the soils engineer. (e) Grading contractor. The grading contractor will submit the statement required by at the completion of rough grading.
(f) Planting and irrigation. When planting and irrigation is required by
16.47.020, the statement required by 16.45.050 must be submitted prior to the final approval of the grading by the City Engineer or Building Official.
(2) Reports that reflect conditions which are not in agreement with the approved grading plans must be submitted to the field engineer and the City Engineer or Building Official by the appropriate consultants.
(E) Non-inspected grading. No person may own, use, or maintain any non-inspected graded property. For the purposes of this Code, non-inspected grading is defined as any grading for which a grading permit was first obtained, but which has progressed beyond any point requiring inspection and approval by the City Engineer or Building Official without such inspection and approval having been obtained.
(F) Notification of nonconformance.
(1) If, in the course of fulfilling their responsibility under this chapter, the field engineer, soil engineer or geologist finds that the work is not being done in conformance with this chapter or the plans approved by the City Engineer or Building Official, or in accordance with good accepted practices, the person in charge of the grading work and the City Engineer or Building Official must be immediately notified in writing of the nonconformity and of the corrective measures to be taken. (2) All uncertified fills and nonconforming grading must be recorded on the title of the property so that any future buyer will be aware of the situation. This recordation may only be removed when the City Engineer or Building Official determines conformance. No building permits will be granted until the fill and/or grading is in conformance.
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(G) Termination of services. The termination of the services of the field engineer, soil engineer or geologist prior to the completion of the work shown on the approved grading plan must be reported to the City Engineer or Building Official in writing within 48 hours. The report must be by the person terminated and must include the status of the work at the last inspection. The work must be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for verification upon completion of the work. (H) Violation. It is a violation of this Code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer or Building Official to be in substantial noncompliance with the approved design or code requirement at the time of verification.
(Ord. 1103, passed 3-7-05)
§ 16.45.050 REPORTS AND STATEMENTS, ENGINEERED GRADING. (A) General. The reports and statements set forth in this section are those required for engineered grading. The City Engineer or Building Official may waive the requirement for a report or statement when such report or statement is found to be unnecessary for the approval of the graded site.
Nothing in this section may be deemed to waive the requirement for reports or statements by other provisions of this Code.
(1) The statement required by this section supplement the records of the City Engineer or Building Official. These forms may be duplicated and the letterhead of the responsible person may be utilized. Final approval of grading by the City Engineer or Building Official cannot be given until all required maps, statements and reports have been submitted. (2) Where reference is made to initial, rough or final grading, it means those stages of construction set forth in 16.45.040.
(B) Field engineer. At the completion of rough grading and final grading, the field engineer must submit a statement that work is in conformance with the approved plans. A final contour map (asbuilt plan) must be submitted unless the work has been completed in close agreement with the approved plan.
(C) Soil engineer. At the completion of rough grading, the soil engineer must submit a statement that the portion of the work concerning the preparation of the existing ground surface and the placing and compaction of fill is in conformance with the approved plans and the appropriate provisions of this Code. The soil engineer must submit a report which includes the recommended soil-bearing capacity, a finding as to the expansive qualities of the soil, the location of subdrains and a summary of tests. The location of such tests and the limits of the compacted fill must be shown on a final plan which must also show by plan and cross section the location of any rock disposal areas and/or buttress fills, is such were involved in the grading.
(D) Geologist. When a site inspection by the geologist is required under 16.45.040, a report based on an “as-built” geologic map must be submitted by the geologist. The report must be submitted at the completion of rough grading and must include specific approval of the grading as affected by geological factors. Where necessary, such report must include geologic cross sections and recommendations regarding the location of buildings or sewage disposal systems. (E) Planting and irrigation. At completion of final grading, a landscape architect or a field engineer must submit a statement that the slope planting has been established and the irrigation system has been installed in conformance with the approved plans. (F) Grading contractor. At the completion of rough grading, the grading contractor must submit a statement that the work under the direction of the grading contractor was performed in accordance with the approved plans and the appropriate requirements of this chapter or that such work was not in accordance with such plans and chapter.
(Ord. 1103, passed 3-7-05)
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CHAPTER 16.46:HILLSIDE GRADING PRACTICES
Section
16.46.010 Purpose and applicability
16.46.020 Use of natural topography
16.46.030 Ridgeline preservation
16.46.040 Roadways and driveways
16.46.050 Location of building pads
16.46.060 Manufactured slopes
§ 16.46.010 PURPOSE AND APPLICABILITY.
(A) Purpose. The city finds that the hillsides areas of Santa Paula contribute a unique character to the city and forms an integral part of the city’s overall environment. Due to the physical dominance of hillsides on the landscape, development of the hillside areas will affect the visual and environmental character of the community. The city’s primary objective regarding hillside development is to preserve the natural terrain, the quality environment, and the aesthetic features of the city while encouraging creative, innovative, diverse, and safe development. Such goals will only be achieved when special consideration is given to development in hillside areas. (B) Intent. In enacting the provisions of this chapter, it is the intention and policy of the city to:
(1) Encourage only minimal grading which relates to the natural contour of the land, and which will round off, in a natural manner, sharp angles at the top and ends of cut and fill slopes so as to avoid a “staircase” or “padding” effect;
(2) Require the retention of trees and other vegetation which stabilize steep hillsides, retain moisture, prevent erosion, and enhance the natural scenic beauty and, where necessary, require additional landscaping to enhance the scenic qualities of the hillsides; (3) Encourage a variety of building types and design, when appropriate, to materially reduce grading and disturbance of the natural character of the area; (4) Require immediate planting wherever appropriate to maintain necessary cut and fill slopes, to stabilize slopes with plant roots, and to conceal bare soil from view; and (5) Impose appropriate conditions on the development of all slopes to obtain conformity with approved development policies of the city’s General Plan. (C) Application. This chapter applies to all parcels zoned HR1-PD, HR2-PD; any parcels with an average slope of 10% or more; and any parcel included in the “Potential High Landslide and Debris and Mud Flow Hazard” and/or “High Potential for Rock Falls” areas as designated in the General Plan. (Ord. 1103, passed 3-7-05)
§ 16.46.020 USE OF NATURAL TOPOGRAPHY.
Grading must be designed and performed to respect the natural topography of a site. The principals of contour grading must be used to blend manufactured slopes with the natural topography as follows:
(A) Manufactured slopes must be rounded and shaped to simulate the natural terrain. (B) Grading must follow the natural topographic contours. (C) Where cut or fill slopes exceed 200 feet in horizontal length, the horizontal contours of the slope must be curved in a continuous, sinuous manner with varying radii to reflect the natural terrain. (D) Manufactured slopes must blend with adjacent natural slopes at a radius comparable with the existing natural terrain.
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(E) Grading on slopes of 30% or greater is prohibited, except as necessary as determined by the City Engineer or Building Official.
(F) Grading in the hillside areas shall be limited to that necessary to construct a driveway to serve the dwelling, the footprint of the dwelling, a walkway around the house seven feet in width, and a patio area of 300 square feet. The Planning Commission may modify these standards to be less or more restrictive, depending on the particular characteristics of the lot. The intent of this division is to avoid any grading which is not required to accommodate a house and the access to the house, and to eliminate cut and fill slopes except in driveway areas when absolutely necessary. (Ord. 1103, passed 3-7-05)
§ 16.46.030 RIDGELINE PRESERVATION.
Significant natural hillside landmarks and defining ridgelines, as identified in the Santa Paula General Plan, must be retained in their natural state. Development on the ridgelines is prohibited. (Ord. 1103, passed 3-7-05)
§ 16.46.040 ROADWAYS AND DRIVEWAYS.
(A) Street alignments must, to the maximum extent feasible, be parallel to the natural contours of the land.
(B) Street widths must conform to adopted minimum city standards. However, the City Engineer, Building Official and Director will have the authority to approve narrower street pavement widths where such narrower width would work to preserve natural contours and slopes, minimize grading, reduce heights of required retaining walls, and/or result in better overall subdivision design. Such approval is subject to the provision of sufficient emergency access, as determined by the Fire Chief.
Where such narrower widths are provided, the City Engineer may require intermittent widening or turnouts to be provided for turnarounds or parking.
(C) The Director will have the authority to approve the establishment of sidewalks on only one side of a street where such design would preserve natural contours and slopes, minimize grading, reduce heights of required retaining walls, and/or result in better overall subdivision design. (D) The maximum slope of any driveway must be 15%, with no portion of any driveway exceeding a slope of 20%.
(Ord. 1103, passed 3-7-05)
§ 16.46.050 LOCATION OF BUILDING PADS.
(A) Building pads must be located on that portion of a lot that achieves the most of the following objectives:
(1) Requires the least amount of grading to create a suitable building site; (2) Preserves primary views from existing home sites;
(3) Minimizes the visual prominence of proposed structures from close by and distant view points;
(4) Avoids ridgeline development as required by 16.46.030; (5) Keeps development below the ridgeline; and
(6) Preserves existing native vegetation and similar natural features. (B) Building sites must be located to allow structures to follow the natural slope of the property.
(Ord. 1103, passed 3-7-05)
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§ 16.46.060 MANUFACTURED SLOPES.
(A) Height. No manufactured slope may exceed a vertical height of 25 feet unless a higher slope is required for a public street, or unless approved by the Planning Commission or City Council through the review and approval of a tentative tract map. The height of a manufactured slope must include the height of any retaining wall constructed as an integral part of the slope. (B) Slope. No manufactured slope angle may be steeper than 2:1 unless approved by the City Engineer or Building Official, based on studies provided by the applicant demonstrating that:
(1) Special circumstances applicable to the property, including size, shape, topography, location, or surroundings, deprive the property of development opportunities otherwise available to properties in the same zone; and
(2) Data provided by a soils engineer, engineering geologist, and landscape architect support the contention that the slope material and material underlying the slope are capable of permanent stability at an angle steeper than 2:1, and that the required slope planting can be adequately maintained.
(C) Location of lot line. Any manufactured slope occurring on a side or rear lot line must be made a part of the downhill lot.
(D) Cut slopes in rock. Manufactured cut slopes in rock material must be provided with soil pockets or cut terraces to facilitate the planting of landscaping. (Ord. 1103, passed 3-7-05)
CHAPTER 16.47:DRAINAGE, EROSION, AND DUST CONTROL
Section
16.47.010 Purpose and applicability
16.47.020 Slope protection and graded surface revegetation
16.47.030 Protection of trees during grading
16.47.040 Protection of watercourses and wetlands
16.47.050 Drainage provisions
16.47.060 Erosion and stormwater control
16.47.070 Dust prevention and control provisions
§ 16.47.010 PURPOSE AND APPLICABILITY.
This chapter establishes standards for the conduct of all grading activity, whether or not a grading permit is required pursuant to Chapters 16.44 through 16.47 (Grading and Erosion Control) of this Title
16. (Ord. 1103, passed 3-7-05)
§ 16.47.020 SLOPE PROTECTION AND GRADED SURFACE REVEGETATION. (A) All manufactured slopes greater than three feet in height and all graded areas not to be occupied by structures or other approved improvements must be planted with live landscape material and provided with an automatic irrigation system in accordance with landscaping and irrigation plans approved by the Director.
(B) Installation of landscaping and irrigation required for erosion and sediment control must be completed within 30 days of completion of grading activity. All other required landscaping and irrigation must be installed in accordance with applicable land use and development permits. 454
(C) Acceptable landscape materials used for slope protection and erosion/sediment control include groundcover from rooted cuttings, hydromulched mixtures, lawn seed or sod, or other similar materials, and may include certain species of trees, as shown on landscape plans approved by the Director.
(D) For slopes in hillside residential areas, fire hazard mitigation landscape approaches must be used consistent with the requirements of 16.08.150 (Fire Hazard Mitigation) of this Title 16. (E) The use of fire-resistant, drought-tolerant landscape materials is encouraged. (Ord. 1103, passed 3-7-05)
§ 16.47.030 PROTECTION OF TREES DURING GRADING.
(A) Identification of tree protection. Where any mature trees will affected by grading, other than trees for which removal will be permitted via a tree removal permit pursuant to Chapter 156.584 of this Title 16, details for retaining walls, drains, pruning, trimming, and the establishment of a drip line with respect to each such tree must be prepared by a licensed landscape architect and be included with the grading plan. Grading or activity detrimental to the health of such tree is prohibited to take place within an established drip line of the tree.
(B) Protective fences required. Prior to the commencement of grading, fences must be constructed around the established drip line of all such trees. The purpose of such fences is to prevent grading, heavy equipment work, and the storage or dumping of materials within the established drip lines of such trees. Grading or other site work within the established drip line must be only as authorized by the approved grading plan and must be supervised and approved by a landscape architect in attendance continuously during the progress of the work. Fences may be temporarily removed or omitted, upon the approval of the City Engineer or Building Official, to facilitate such authorized work. All such work must comply with the approved details to protect the tree.
(C) Coordination. Where mature trees could be affected by a grading operation, a field orientation meeting must take place prior to the commencement of the work when deemed necessary or desirable by the City Engineer or Building Official. The purpose of such meeting is to communicate the approved methods of grading and tree preservation to all parties involved with the grading operation.
Such meeting should include the City Engineer or Building Official or their authorized representatives, a representative of the Planning Department, the permittee or his or her authorized representative, the landscape architect, and the soils engineer.
(Ord. 1103, passed 3-7-05)
§ 16.47.040 PROTECTION OF WATERCOURSES AND WETLANDS.
(A) Watercourses and wetlands must, to the maximum extent feasible, be left in their natural state, with grading designed to protect such features.
(B) Grading, dredging, or any similar disturbance of a watercourse or wetland will not be permitted except in accord with an approved grading plan and provided that all permit requirements imposed by state and federal agencies with jurisdiction have been complied with. Proof of compliance with other agencies’ requirements must be provided to the satisfaction of the City Engineer or Building Official, and the Director.
(C) Watercourses and wetlands must be protected during grading operations in accord with standards and requirements of the State of California Regional Water Quality Control Board, the U.S.
Army Corps of Engineers, and other state or federal agency with jurisdiction. Proof of compliance with other agencies’ requirements must be provided to the satisfaction of the City Engineer or Building Official, and the Director.
(Ord. 1103, passed 3-7-05)
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§ 16.47.050 DRAINAGE PROVISIONS.
(A) General. The drainage structures and devices required by this chapter must conform to the provisions of this section as well as recognized principles of hydraulics. (B) Disposal. Drainage facilities must be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer or Building Official or other appropriate governmental agency as a safe place to deposit such waters. Desilting basins, filter barriers or other methods, as approved by the City Engineer or Building Official, must be utilized to remove sediments from surface waters before such waters are allowed to enter streets, storm drains or natural watercourses. If the drainage device discharges onto natural ground, riprap or a similar energy dissipator may be required.
(C) Site drainage. Graded building sites (building pads) must have a minimum slope of 2% toward a public street or drainage structure approved to receive storm waters. A lesser slope may be approved by the City Engineer or Building Official for sites graded in relatively flat terrain, or where special drainage provisions are made, when the City Engineer or Building Official finds such modification will not result in unfavorable drainage conditions. The grading must provide for drainage around proposed buildings and their appurtenances.
(D) Drainage terraces required. All cut or fill slopes steeper than three horizontal to one vertical must have drainage terraces. For slopes not steeper than three horizontal to one vertical, the City Engineer or Building Official may require a drainage and terrace design to be submitted. Suitable access to permit proper cleaning and maintenance must be provided for all drainage terraces. Cut or fill slopes more than 30 feet in height must have drainage terraces provided vertical intervals not exceeding 25 feet except that where only one terrace is required, it must be at midheight. Such terraces must be not less than eight feet in width (measured horizontally from the outside edge). When the total slope height exceeds 100 feet, one terrace near midheight must be not less than 20 feet in width (measured horizontally from the outside edge). In lieu of the above, for cut and fill slopes greater than 120 feet in height, the applicant may submit a drainage and terrace design by a civil engineer to be approved by the City Engineer or Building Official.
(E) Drainage terraces construction. Drainage terraces must have a longitudinal grade of not less than 5% nor more than 12% and a minimum depth of one foot at a flow line. There must be no reduction in grade along the direction of flow unless the velocity of flow is such that the slope debris will remain in suspension on the reduced grade. Such terraces must be paved with concrete not less than three inches thick reinforced with 6-inch x 6-inch No. 10 x No. 10 welded wire fabric or equivalent reinforcing centered in the concrete slab. Drainage terraces exceeding eight feet in width need only be so paved for a width of eight feet provided such pavement provides a paved channel at least one foot in depth. Downdrains or drainage outlets must be provided at approximately 300 foot intervals along the drainage terrace or at equivalent locations. Downdrains and drainage outlets must be of approved materials and of adequate capacity to convey the intercepted waters to the point of disposal as defined in subsection (B) of this section.
(F) Overflow protection. Berms, swales or other devices must be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto the damaging face of the slope. Gutters or other special drainage controls must be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity. Swales used for slope protection must conform with subsection (H) of this section. Berms used for slope protection must be at least 12 inches above the level of the pad and must slope back at least four feet from the top of the slope. (G) Subsurface drainage. Cut and fill slopes must be provided with subsurface drainage as necessary for stability. Any required subsurface drainage facilities will be passive in design and require no ongoing monitoring to insure site stability.
(H) Interceptor drains. Paved interceptor drains must be installed along the top of all cut slopes where the height of the cut is greater than five feet measured vertically. Interceptor drains must be paved with a minimum of four inches of concrete or granite and reinforced as required for drainage terraces. They must have a minimum depth of 12 inches and a minimum paved width of 36 inches 456
measured horizontally across the drain. The side slope of interceptor drains must not be steeper than 1- 1/2:1. The slope of the drain must be approved by the City Engineer or Building Official. (I) Drainage guidelines. All drainage devices which collect from the slopes must be screened by means of underground pipes, diagonal curvilinear drains, rock-lining, colored concrete or other approved materials to blend with the natural topography in character, color or design. Downdrains must be non-centralized to avoid a repetitive pattern. Where feasible, underground drains must be utilized.
(J) Cross lot drainage device maintenance. All cross lot drainage devices not eligible for transfer to a flood control district or similar entity must be maintained by the owner or a private entity such as a homeowners association.
(Ord. 1103, passed 3-7-05)
§ 16.47.060 EROSION AND STORMWATER CONTROL.
Best Management Practices, or BMP, must be used to control erosion and stormwater runoff during all grading and construction activities consistent with Chapter 54 (Stormwater Quality Management) of Title V of the Santa Paula Municipal Code and the Building Code. (A) Slopes. The faces of cut and fill slopes must be prepared and maintained to control erosion. This control must consist of jute netting and effective planting as described elsewhere in this section, or other devices satisfactory to the City Engineer or Building Official. (B) Planting. The surface of all cut slopes more than five feet in height and fill slopes more than three feet in height must be protected against damage by erosion by planting with grass or ground cover plants. Slopes exceeding 15 feet in vertical height must also be planted with shrubs, spaced at not to exceed ten feet on centers; or trees, spaced at not to exceed ten feet on centers; or a combination of shrubs and trees at equivalent spacings, in addition to the grass or groundcover plants. The plants selected and planting methods used must be suitable for the soil and climatic conditions of the site and in accordance with standard specifications prepared by the City Engineer or Building Official. Planting need not be provided for cut slopes rocky in character and not subject to damage by erosion and any slopes protected against erosion damage by other methods when such methods have been specifically recommended by a soil engineer, engineer geologist, or equivalent authority and found to offer erosion protection equal to that provided by the planting specified in this section. Plant material must be selected which will produce a coverage of permanent planting effectively controlling erosion. Consideration must be given to deep rooted plant material needing limited watering, to low maintenance during the lifetime of the project, to high root to shoot ratio (weight of above ground parts versus root system), wind susceptibility and fire-retardant characteristics.
(C) Irrigation. Slopes required to be planted by subsection (B) above must be provided with an approved system of irrigation, designed to cover all portions of the slope and plans therefore must be submitted and approved prior to installation. A functional test of the system may be required. For slopes less than 20 feet in vertical height, hose bibs to permit hand watering will be acceptable if such hose bibs are installed at conveniently accessible locations where a hose no longer than 50 feet is necessary for irrigation. The requirements for permanent irrigation systems may be modified upon specific recommendation of a landscape architect or equivalent authority that because of the type of plans selected, the planting methods used and the soil and climatic conditions at the site, an irrigation will not be necessary for the maintenance of the slope planting. (D) Plans and specifications. Planting and irrigation plans must be submitted for slopes required to be planted and irrigated by subsections (B) and (C) of this section. Except as waived by the City Engineer or Building Official for minor grading, the plans for slopes 20 feet or more in vertical height must be prepared and signed by a civil engineer or landscape architect. These plans must be approved by the city prior to issuance of the grading permit unless other provisions are made to the satisfaction of the City Engineer or Building Official. The responsibility of maintenance of drainage terrace must be clearly stated on the grading plan to the satisfaction of the City Engineer or Building Official. 457
(E) Rodent control. Fill slopes steeper than two horizontal and one vertical within a grading project located adjacent to undeveloped and unoccupied land (as determined by the City Engineer or Building Official) to be infested by burrowing rodents, must be protected from potential slope damage by a preventative program of rodent control.
(F) Release of security. The planting and irrigation systems required by this section must be installed as soon as practical after rough grading. Prior to final approval of grading and before the release of any grading security, the planting must be well established and growing on the slopes and, where required by subsection (E) of this section, there must be evidence of an effective rodent control program. (G) Other devices. Where necessary, check dams, cribbing, riprap or other devices or methods must be employed to control any erosion. Also, jute netting must be immediately installed on any slopes having a vertical height of seven feet or more and steeper than 3:1 (horizontal: vertical) to minimize or control erosion problems.
(H) Maintenance. Graded and/or landscaped areas are to be maintained in accordance with the original landscape plans and design concept per the originally approved subdivision or development plans. Any alteration of landscape plans or of areas must be approved by the city. Homeowner encroachments such as fences, block walls, structures, unauthorized plantings, alterations to the irrigation, grading or drainage are not allowed. Any approved alterations must be done by city-authorized crews through an approved city permit. Failure to comply with this section will constitute a use of land contrary to the provisions of this Code and is deemed a public nuisance under this Code. (Ord. 1103, passed 3-7-05)
§ 16.47.070 DUST PREVENTION AND CONTROL PROVISIONS.
To protect the health, safety, and general welfare, all construction sites must make all reasonable efforts to prevent or control blowing dust and debris. Property owners shall be responsible for maintaining their property in such a manner that dust and other wind borne debris transported to adjacent properties are kept to reasonable minimal levels. In the case of site grading and other construction operations, it will also be the responsibility of the permittee to make all reasonable efforts to control blowing dust and debris onto adjacent properties. When grading operations involve the hauling of dirt from one site to another, it is also the permittee’s responsibility to maintain the public streets in a clean condition and limit any spillage that would generate dust or other blowing debris.
(A) Dust prevention and control plan required. A dust prevention and control plan shall be submitted in conjunction with a grading plan or other plan involving the movement of dirt. The City Engineer or Building Official may also require the submittal of a dust prevention and control plan for other development deemed necessary.
(B) Plan requirements. The plan shall demonstrate that the discharge of dust from the construction site will not occur or can be controlled to an acceptable level depending on the particular site conditions and circumstances. The plan shall address site conditions during construction operations, after normal working hours, and during various phases of construction. The plan shall include the name and the 24-hour phone number of a responsible party in case of emergency. If the importing or exporting of dirt is necessary as demonstrated by the cut and fill quantities on the grading plan, the plan shall also include the procedures necessary to keep the public streets and private properties along the haul route free of dirt, dust, and other debris. When an entire project is to be graded and the subsequent construction on the site is to be completed in phases, the portion of the site not under construction shall be treated with dust preventive substance or plant materials and an irrigation system. All phased projects shall submit a plan demonstrating that dust will not be generated from future phase areas. (C) Plan review. The City Engineer or Building Official will be responsible for the review and approval of the dust prevention and control plan. This plan shall be incorporated into the grading plan and constructive notice shall be placed on the grading plan to notify the owner and contractors of the need to comply with the dust prevention and control plan.
(D) Dust control compliance statement. A dust control compliance statement form must be completed and signed by the property owner.
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(E) Inadequate dust prevention and control measures. If an investigation of the project site indicates that dust prevention and control measures are inadequate, the City Engineer or Building Official may limit or halt all activities on the site until adequate dust prevention and control measures are achieved. The City Engineer or Building Official may charge the property owner and/or contractor for reasonable costs related to providing the necessary site inspections to determine the adequacy of the dust control plan.
(F) Notice of inadequate prevention and control measures. If it is determined that a property in violation of 16.47.030, the City Engineer or Building Official may deliver the property owner or contractor a written notice of violation, and the property owner or contractor will then have 24 hours to bring the site into compliance. If after 24 hours, the site is not brought into compliance or an extension of time has not been granted by the City Engineer or Building Official, the violation may be prosecuted by the City Attorney as a misdemeanor violation of the Municipal Code. (G) Responsibility for adequate dust prevention and control. The approval of a dust prevention and control plan does not relieve the owner or contractors of the responsibility to implement whatever additional measures may be required to properly prevent and control dust as required by
16.47.060.
(H) NPDES Stormwater Regulations. The dust prevention and control plan and any additional measures that may be necessary for the adequate prevention and control of dust must comply with all applicable NPDES Stormwater Regulations.
(Ord. 1103, passed 3-7-05)
CHAPTER 16.48:GENERAL PROVISIONS
Section
16.48.010 Purpose and intent
16.48.020 Definitions
16.48.030 Exempt activities
§ 16.48.010 PURPOSE AND INTENT.
(A) Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 are adopted pursuant to the California Surface Mining and Reclamation Act of 1975 (Cal. Pub. Res. Code §§2710 et seq.).
(B) The City Council finds and declares that the extraction of minerals is essential to the continued economic well-being of the state and to the needs of the society, and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.
(C) The Council further finds that the reclamation of mined lands as provided in Chapters
16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.
(D) The Council further finds that surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different, and that reclamation operations and the specifications for the reclamation may vary accordingly. (Ord. 1103, passed 3-7-05)
459
§ 16.48.020 DEFINITIONS.
The following words, terms and phrases, when used in Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16, will have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
EXPLORATION or PROSPECTING. The search for minerals by geological, geophysical, geochemical or other techniques, including but not limited to sampling, assaying, drilling, or any surface or underground works needed to determine the type, extent, or quantity of minerals present.
MINED LANDS. Includes the surface, subsurface, and groundwater of an area in which surface mining operations will be, are being or have been conducted, including private ways and roads appurtenant to any such area, land excavations, workings, mining waste, and areas in which structures, facilities, equipment, machines, tools, or other materials or property which result from or are used in surface mining operations are located.
MINERALS. Any naturally occurring chemical element or compound or groups of elements and compounds formed from inorganic processes and organic substances including, but not limited to, coal, peat, and bituminous rock, but excluding geothermal resources, natural gas, and petroleum.
MINING WASTE. The residual of soil, rock, mineral, liquid, vegetation, equipment, machines, tools, or other materials or property directly resulting from or displaced by surface mining operations.
OPERATOR. Any person who is engaged in surface mining operations himself or herself or who contracts with others to conduct operations on his or her behalf, except a person who is engaged in surface mining operations as an employee with wages as his or her sole compensation.
OVERBURDEN. Soil, rock, or other materials that lie above a natural mineral deposit or in between deposits, before or after their removal by surface mining operations.
RECLAMATION. The process of land treatment that minimizes water degradation, air pollution, damage to aquatic or wildlife habitat, flooding, erosion, and other adverse effects from surface mining operations, including adverse surface effects incidental to underground mines, so that mined lands are reclaimed to a usable condition which is readily adaptable for alternate land uses and create no danger to public health or safety. The process may extend to affected lands surrounding mined lands and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization, or other measures.
STATE BOARD. The State Mining and Geology Board, in the Department of Conservation. STATE GEOLOGIST. The individual holding office as structured in Cal. Pub. Res. Code 677.
SURFACE MINING OPERATIONS. All or any part of the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits; open-pit mining of minerals naturally exposed; mining by the auger method; dredging and quarrying; or surface work incident to an underground mine. Surface mining operations include, but are not limited to:
(1) In-place distillation, retorting or leaching;
(2) The production and disposal of mining waste; and
(3) Prospecting and exploratory activities.
(Ord. 1103, passed 3-7-05)
§ 16.48.030 EXEMPT ACTIVITIES.
The provisions of Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 are not applicable to the following:
(A) Excavations or grading conducted for farming or onsite construction or for the purpose of restoring land following a flood or natural disaster, provided the grading and removal of material do not exceed that required to meet the primary objective.
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(B) Prospecting and exploration for minerals of commercial value where less than 1,000 cubic yards of overburden is removed in any one location of one acre or less. (C) Any surface mining operation that does not involve either the removal of a total of more than 1,000 cubic yards of minerals, ores, and overburden or involve more than one acre in any one location.
(D) Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose. (E) Such other mining operations that the city determines to be of an infrequent nature and which involve only minor surface disturbances and are categorically identified by the State Board pursuant to Cal. Pub. Res. Code §2714(d) and 2758(c).
(Ord. 1103, passed 3-7-05)
CHAPTER 16.49:PERMIT AND RECLAMATION PLAN
Section
16.49.010 Conditional use permit and reclamation plan required
16.49.020 Annual report required
16.49.030 Compliance with State Surface Mining and Reclamation Act
16.49.040 Performance bond
16.49.050 Periodic inspection
16.49.060 Amendments to conditional use permit or reclamation plans § 16.49.010 CONDITIONAL USE PERMIT AND RECLAMATION PLAN REQUIRED. (A) Any person, except as provided in Cal. Pub. Res. Code 2776, who proposes to engage in surface mining operations must, prior to the commencement of such operations, obtain the following:
(1) A conditional use permit to mine in accordance with Chapter 16.63 of this Title
16. (2) Approval of a reclamation plan in accordance with Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 and as further provided in Cal. Pub. Res. Code 2770 et seq.
(B) No person who has obtained a vested right to conduct a surface mining operation prior to January 1, 1975 will be required to secure a conditional use permit as long as such vested right continues, provided that no substantial change is made in that operation except in accordance with the provisions of Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16. A person will be deemed to have such vested rights if, prior to January 1, 1976, that person has in good faith and in reliance upon a conditional use permit, if such a permit was required, diligently commenced surface mining operations and incurred substantial liabilities for work and materials necessary for the operation. (C) A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 must submit to the Director a reclamation plan for operations to be conducted after January 1, 1976, unless a reclamation plan was approved by the city prior to January 1, 1976, and the person submitting that plan has accepted responsibility for reclaiming the mined lands in accordance with that plan. The reclamation plan will be approved or denied within three months of the date the Director deems the plan complete.
(D) Nothing in Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16 will be construed as requiring the filing of a reclamation plan or the reclamation of mined lands on which surface mining operations were conducted prior to but not after January 1, 1976. 461
(Ord. 1103, passed 3-7-05)
§ 16.49.020 ANNUAL REPORT REQUIRED.
The owner, lessor, lessee, agent, manager, or other person in charge of any mining operation of whatever kind or character within the state must forward to the Director of the State Department of Mines and Geology and the city not later than July 1, 1991, and every year thereafter not later than an anniversary date established by the Director, upon forms which are supplied by the state, a report which contains all the required information specified in Cal. Pub. Res. Code 2207 et. seq. (Ord. 1103, passed 3-7-05)
§ 16.49.030 COMPLIANCE WITH STATE SURFACE MINING AND RECLAMATION ACT. (A) The state geologist will be notified of the filing of all applications. (B) Required reclamation plans must consist of at least those items as outlined in Cal. Pub.
Res. Code 2770 et seq.
(Ord. 1103, passed 3-7-05)
§ 16.49.040 PERFORMANCE BOND.
Upon a finding by the Planning Commission that a supplemental guarantee for the reclamation of the mined land is necessary, and upon the determination by the Director of the cost of the reclamation of the mined land according to the reclamation plan, a surety bond, lien, or other security guarantee conditioned upon the faithful performance of the reclamation plan must be filed with the City Clerk. The surety must be executed in favor of the city and will be reviewed and revised, as necessary, bi-annually. The surety must be maintained in an amount equal to the cost of completing the remaining reclamation of the site, as prescribed in the approved or amended reclamation plan, during the succeeding two-year period or other reasonable term.
(Ord. 1103, passed 3-7-05)
§ 16.49.050 PERIODIC INSPECTION.
As a condition of approval for the conditional use permit or the reclamation plan or both, a schedule for periodic inspections of the site will be established to evaluate continuing compliance with the permit and the reclamation plan.
(Ord. 1103, passed 3-7-05)
§ 16.49.060 AMENDMENTS TO CONDITIONAL USE PERMIT OR RECLAMATION PLAN.
Amendments to an approved conditional use permit for surface mining activity or to an approved reclamation plan must be processed in the same manner as the original permit application. (Ord. 1103, passed 3-7-05)
CHAPTER 16.50:REGULATIONS FOR OPERATION OF SURFACE MINE Section
16.50.010 Access and circulation
16.50.020 Performance standards
16.50.030 Fencing and signage
16.50.040 Removal of buildings and equipment
462
§ 16.50.010 ACCESS AND CIRCULATION.
(A) All access points from a mining operation directly to a public roadway must have adequate sight distance provided to ensure traffic safety. (B) The City Engineer may require the mine operator to post access points to the mine to provide traffic direction to mining vehicles and to ensure traffic safety. (Ord. 1103, passed 3-7-05)
§ 16.50.020 PERFORMANCE STANDARDS.
(A) Dust control. Roads, driveways, and parking areas on the site must be maintained to control dust and to comply with applicable regulations established by the Ventura County Air Pollution Control District.
(B) Drainage and erosion control.
(1) Surface drainage must be controlled to prevent the addition of silt or loose material above or beyond that normally occurring in any existing drainage course. (2) Silt, sand, and dirt must be controlled in a manner that prevents such materials from being deposited on adjacent properties and public rights-of-way. (3) All provisions to control watercourses must be designed to prevent overflow or diversion of water away from the natural point of discharge. (4) Adequate provisions for conveyance of water across and from the site and for long-term retention of water must be accomplished in a manner so as to minimize potential damages from erosion and landslide.
(Ord. 1103, passed 3-7-05)
§ 16.50.030 FENCING AND SIGNAGE.
(A) Fencing.
(1) Fencing must be provided to enclose excavation areas, settling basins, and other areas that pose potential public health and safety hazards. Fencing must consist of, at a minimum, a sixfoot-high steel, chain link, or similar fence. Such fencing must be maintained in good condition and repair. (2) Gates of the same material and height as the fence must be installed at all points of vehicular or pedestrian access. Said gates must be equipped with keyed locks and must be kept locked at all times when not in regular use.
(B) Signage.
(1) Within 90 days after a permit has been issued pursuant to the provisions of Chapters 16.48 through 16.50 (Surface Mining and Reclamation) of this Title 16, the outer boundaries of the site must be continuously posted with signs not less than 500 feet apart and along each property line.
Said sign must contain letters at least four inches high stating the following or similar language:
“THIS PROPERTY MAY BE USED FOR THE MINING, QUARRYING, OR COMMERCIAL EXTRACTION OF SAND, GRAVEL, ROCK, AGGREGATE, CLAY, AND SIMILAR MATERIALS. PLEASE OBSERVE APPROPRIATE SAFETY PRECAUTIONS.”
(2) Required signs must be of a durable, weather-resistant material and must be maintained in legible condition.
(Ord. 1103, passed 3-7-05)
463
§ 16.50.040 REMOVAL OF BUILDINGS AND EQUIPMENT.
Buildings and equipment used in surface mining and quarrying operations must be removed within six months of the termination of surface mining and quarrying operations. (Ord. 1103, passed 3-7-05)
CHAPTER 16.51:GROWTH MANAGEMENT
Section
16.51.010 Purpose and intent
16.51.020 Application and exceptions
16.51.030 Regulations by resolution
16.51.040 Time limits
16.51.050 Other applicable regulations
§ 16.51.010 PURPOSE AND INTENT.
This chapter establishes the authority of the City Council to issue regulations that place limitations on the issuance of residential building permits within specified time periods. Such limitations are considered necessary to ensure that the rate and/or level of residential growth in the city is consistent with regional growth management and resource protection plans.
(Ord. 1104, passed 7-19-04)
§ 16.51.020 APPLICATION AND EXCEPTIONS.
The provisions of this chapter apply to all residential developments that result in the creation of a new dwelling unit within any type of residential development project, with the following exceptions:
(A) Single-family homes on vacant legal lots of record on the effective date of City Council Ordinance No. 832.
(B) Residential units that are constructed to replace demolished units, provided the replacement construction occurs within one year of the demolition, that the replacement occurs on a 1-to1 basis, and that the demolition was accomplished with a valid city permit. (C) Second dwelling units (“granny flats”) constructed pursuant to Chapter 16.08 Division 4 (Second Dwelling Units) of this Title 16.
(Ord. 1104, passed 7-19-04)
§ 16.51.030 REGULATIONS BY RESOLUTION.
(A) The City Council may, from time to time, issue by resolution regulations to provide for the administration and implementation of this chapter, including the establishment of fees to provide for the processing of applications. The regulations provide for limitations on the issuance of building permits for residential units based on the limits established by the Ventura County Air Quality Management Plan and the 208 Water Quality Plan, as said plans may be amended over time. (B) The provisions of this chapter will in no way require that the city issue permits for a project which may not exceed the population limitations which may be set forth by resolution. The city will have the right to review, approve, and deny residential development proposals through the ordinary discretionary review processes set forth in Chapters 16.54 through 16.71 (Administration of Development Code) in this Title 16.
(C) The city may carry over allocations for previous review periods into future review periods. 464
(Ord. 1104, passed 7-19-04)
§ 16.51.040 TIME LIMITS.
Time limits for submitting building plans, obtaining approved plans, and commencement and completion of construction may be established by Resolution of the City Council. (Ord. 1104, passed 7-19-04)
§ 16.51.050 OTHER APPLICABLE REGULATIONS.
In addition to the requirements contained in this Chapter 16.51, the provisions of Chapter 16.54 (Administration of the Development Code) and City Council Ordinance No. 832 apply to growth management allocations.
City Council Ordinance No. 832
(Ord. 1104, passed 7-19-04)
CHAPTER 16.52:TRANSPORTATION DEMAND MANAGEMENT
Section
16.52.010 Purpose and intent
16.52.020 Applicability
16.52.030 Transportation demand and trip reduction measures
16.52.040 Review of transit impacts
16.52.050 Monitoring and enforcement
16.52.060 Definitions
§ 16.52.010 PURPOSE AND INTENT.
(A) The Ventura County Transportation Commission (VCTC) is responsible for the preparation of the Congestion Management Plan (CMP) for the County. Among the state-mandated elements of the CMP is a trip reduction and transportation demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles, walking, park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including flexible work hours, telecommuting and parking management programs. The goals and policies of the CMP also support the increased use of low- and no-emission vehicles. (B) This chapter is intended to promote trip and travel demand reduction measures in the city and to meet the TDM facilities ordinance adoption requirement as set out in the CMP. The requirements of District Rule 210 are separate from this chapter and administrated by the District. This chapter sets forth the minimum requirements for meeting the CMP. Employers are encouraged to offer or provide additional inducements to use alternatives to single-occupant vehicles to their employees necessary to meet Rule 210 requirements.
(Ord. 1104, passed 7-19-04)
§ 16.52.020 APPLICABILITY.
Prior to approval of any development project, the applicant must make provision for, at a minimum, all the applicable transportation demand management and trip reduction measures contained in this chapter. (Ord. 1104, passed 7-19-04)
465
§ 16.52.030 TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES. (A) Nonresidential development projects: 50 to 99 employees. Nonresidential development projects serving 50 to 99 employees must provide a bulletin board, display case, or kiosk displaying transportation information located where the greatest number of employees are likely to see it.
Information in the area must include, but is not limited to, the following:
(1) Current maps, routes and schedules for public transit routes serving the site; (2) Ridesharing promotional material supplied by commuter-oriented organizations; (3) Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency, Dial-A-Route, and local transit operators; (4) Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; and
(5) A listing of facilities and services available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.
(B) Nonresidential development projects: 100 to 149 employees. Nonresidential development projects with 100 to 149 employees must comply with subsection (A) above and must provide all of the following to the satisfaction of the city:
(1) Not less than 10% of the employee parking area must be located as close as practical to the employee entrance(s) and must be reserved for use by potential carpool/vanpool vehicles, without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area must be identified on the site plan upon application for a building permit, to the satisfaction of the city. A statement that preferential carpool/vanpool spaces for employees are available and description of the method for obtaining such spaces must be included on the required transportation information board.
Spaces will be signed/striped as demand warrants; provided that at all times at least one space for projects of 50,000 square feet to 100,000 square feet, and two spaces for projects over 100,000 square feet, will be signed/striped for carpool/vanpool vehicles. (2) Preferential parking spaces reserved for vanpools must be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of 7 feet 2 inches must be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions (minimum 9 feet by 19 feet) must also be included in vanpool parking areas.
(3) Bicycle lockers or other secure bicycle parking must be provided near building entrances to accommodate four bicycles per the first 50,000 square feet of gross floor area and one bicycle per each additional 50,000 square feet. Calculations that result in a fraction of 0.5 or higher must be rounded up to the nearest whole number. Specific facilities and locations (e.g. provision of racks, lockers, or locked room) must be to the satisfaction of the city. (4) Safe and convenient access from the external circulation system to bicycle parking facilities on site.
(C) Nonresidential development projects: 150+ employees. Nonresidential development serving 150 or more employees must comply with subsections (A) and (B) above and must provide all of the following measures to the satisfaction of the city:
(1) A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. Passenger loading areas should be located as close as possible to the building entrance and should be designated in a manner that does not impede vehicular circulation in the parking area.
(2) Sidewalks or other designated pathways following, to the greatest extent feasible, direct and safe routes from the external pedestrian circulation system to, and between, each building in the development.
466
(3) If determined necessary by the city to mitigate project traffic congestion or air quality impacts, bus stop improvements must be provided. The city will consult with the local bus service providers in determining appropriate improvements (e.g. bus pullouts, bus pads, shelters, and the like).
When locating bus stops and/or planning building entrances, entrances should be designed to provide safe and efficient access to nearby transit stations/stops. (4) Development design must incorporate, to the extent feasible, showers, changing rooms, lockers, and the like, for employees who bicycle, jog or walk to work. (5) Development design must incorporate lunchrooms, cafeterias, eating establishments, and other facilities that will reduce the need for mid-day driving. (6) Development design must incorporate, to the greatest extent feasible, interconnected circulation systems, such as joined parking lots, to reduce the need for cars to travel on the street when traveling from one business to another. (D) Residential development projects: 100 to 349 units. Residential development projects of 100 to 349 dwelling units must provide the following to the satisfaction of the city:
(1) Safe, convenient, and direct pedestrian and bicycle access from the internal circulation system to adjacent collector and/or arterial roadways. (2) If determined necessary by the city, bus stop improvements must be provided.
The city will consult with the local bus service providers in determining appropriate improvements. (E) Residential development projects: 350+ units. Residential development of 350 dwelling units or more must comply with subsection (D) above and must comply with the following to the satisfaction of the city:
Development design must, to the greatest extent possible and as appropriate based on adjacent land use and markets, incorporate services such as dry cleaners, eating establishments, child care facilities, grocery markets, neighborhood work centers and other facilities which will reduce home-based vehicle trips and vehicle miles traveled. Such services must, to the greatest extent feasible, interconnect to circulation systems.
(F) Maintenance of facilities. All facilities and improvements construction or otherwise required must be maintained in a state of good repair.
(Ord. 1104, passed 7-19-04)
§ 16.52.040 REVIEW OF TRANSIT IMPACTS.
(A) Prior to approval of any development project for which an environmental impact report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed-route transit operators providing service to the project must be identified and consulted to provide input. Pursuant to the provision of CEQA, transit operators will be sent a Notice of Preparation (NOP) for all contemplated EIRs and will, as part of the NOP process, be given opportunity to comment on the impacts of the project, to identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator will be evaluated in the draft EIR prepared for the project. Related mitigation measures adopted will be monitored through the mitigation monitoring requirements of CEQA.
(B) Phased development projects, development projects subject to a development agreement, or development projects requiring subsequent approvals need not repeat this process as long as no significant changes are made to the project. It will remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified EIR. (Ord. 1104, passed 7-19-04)
467
§ 16.52.050 MONITORING AND ENFORCEMENT.
(A) Compliance with the standards required in this chapter will be ensured by the following two methods:
(1) Prior to the issuance of the certificate of occupancy for projects which are newly constructed or expanded, city staff will inspect the property to ensure that all amenities, facilities and measures required in this chapter and all conditions of approval have been fulfilled; and (2) Prior to the issuance of a business license, staff will inspect all projects for which amenities, facilities, and measures or conditions of approval were provided in order to comply with this chapter, to ensure ongoing compliance with the standards or conditions of this chapter. For example, if preferential parking spaces and bicycle lockers were installed on a project in order to meet the requirements of this chapter, all subsequent property owners must maintain the same amenities, facilities, or measures.
(B) Failure to comply with this chapter will be enforced according to applicable provisions of this Title 16.
(Ord. 1104, passed 7-19-04)
§ 16.52.060 DEFINITIONS.
For the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ALTERNATIVE TRANSPORTATION. The use or modes of transportation other than the singlepassenger motor vehicle, including but not limited to carpools, vanpools, buspools, public transit, walking and bicycling.
APPLICABLE DEVELOPMENT. Any development project that is determined to meet or exceed the project size threshold criteria contained in 16.52.030.
BUSPOOL. A vehicle with at least 16 seating positions used and maintained primarily for carrying commuters to and from work.
CARPOOL. A vehicle occupied by two or more persons aged 16 years or older commuting to or from work and/or school.
DEVELOPER. The builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this chapter as determined by the property owner if defined by a legal agreement.
DEVELOPMENT. The construction or addition of new building square footage. Additions to buildings which existed prior to the adoption of the ordinance codified in this chapter and which exceed the thresholds defined in 16.27.030 will comply with the applicable requirements but will not be added cumulatively with existing square footage; existing square footage will be exempt from these requirements. All calculations will be based on gross square footage.
EMPLOYEE PARKING AREA. The portion of the total required parking at a development used by on-site employees. For information purposes, based upon information developed by the Institute of Transportation Engineers (ITE), broad employee parking needs could be calculated as follows:
Type of Use % of Required Parking
Devoted to Employees
Commercial 30%
Office/Professional 85%
Industrial/Manufacturing 95%
NEIGHBORHOOD WORK CENTER. A location in a community where facilities are provided either by public or private means for shared employee work activities. 468
PREFERENTIAL PARKING. Parking spaces designated or assigned, through use of a sign or painted space markings, for carpool and vanpool vehicles carrying commute passengers on a regular basis that are provided in a location more convenient to a place of employment than parking spaces provided for single-occupant vehicles.
TRANSPORTATION DEMAND MANAGEMENT (TDM). The alteration of travel behavior, usually on the part of commuters, through programs of incentives, services and policies. TDM addresses alternatives to single-occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate then altogether (as is the case in telecommuting or compressed work weeks).
TRIP. At a minimum, the starting of an engine and the travel from an origin to a destination. If the trip is nonstop, it also means the round trip to and from an origin.
TRIP REDUCTION. Reduction in the number of work-related trips made by single-occupant vehicles.
VANPOOL. A group of at least seven commuters traveling to work in a vehicle designed for carrying more than six but less than 16 persons, including the driver, which is maintained and used primarily for work related transportation of adults for the purpose of ride sharing. (Ord. 1104, passed 7-19-04)
CHAPTER 16.53:NONCONFORMITIES
Section
16.53.010 Purpose and intent
16.53.020 Establishment of nonconforming status
16.53.030 Nonconforming uses - continued use after damage or destruction
16.53.040 Nonconforming use - voluntary demolition of structure
16.53.050 Nonconforming use - lack of conditional use permit
16.53.060 Nonconforming use - allowed only by conditional use permit
16.53.070 Continuation and maintenance
16.53.080 Nonconforming status tied to property
16.53.090 Abatement
16.53.100 Nonconforming uses - allowable changes
16.53.110 Abandonment
16.53.120 Nonconforming structures - generally
16.53.130 Nonconforming structures - reconstruction of multi-family residential structures
16.53.140 Nonconforming structures - reconstruction of single-family dwellings and non-residential structures
16.53.150 Nonconforming fences and walls
16.53.160 Historic properties
16.53.170 Nonconforming lot
16.53.180 Nonconformity abatement - notice
16.53.190 Public hearing
16.53.200 Findings and decisions
469
16.53.210 Appeals
16.53.220 Extension of time
16.53.230 City removal
§ 16.53.010 PURPOSE AND INTENT.
This chapter establishes regulations for legal nonconforming land uses, structures, and parcels.
These are land uses, structures, and parcels within the city that were lawfully established, constructed, or subdivided before the adoption or amendment of this Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Code or its amendments. This chapter is intended to encourage the city’s continuing improvement by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while improving the health, safety, and welfare of all residents without creating an economic hardship for individual property or business owners. (Ord. 1104, passed 7-10-04; Am. Ord. 1181, passed 11-19-07) § 16.53.020 ESTABLISHMENT OF NONCONFORMING STATUS.
(A) Applicability. Nonconforming uses, structures and lots within the city may continue to be used, and may be maintained, altered, expanded, reconstructed, or replaced only as allowed by this chapter.
(B) This chapter does not apply to any nonconforming structures owned in whole or part by the city. Nothing in this chapter is intended to, nor can it, require the city to remove a publicly owned nonconforming structure or use.
(C) Effective date. Whenever a use, structure, or lot becomes nonconforming as a result of amending this Code, the time period for eliminating the use established by this Code is computed from the effective date of the amendment.
(D) Legal nonconforming use. An existing use, structure, or lot is deemed to be “legal nonconforming” if, prior to its establishment, such use, structure, or lot was established or created in full conformance with applicable regulations in effect at the time of such establishment or creation. (Ord. 1104, passed 7-19-04; Am. Ord. 1181, passed 11-19-07) § 16.53.030 NONCONFORMING USES – CONTINUED USE AFTER DAMAGE OR DESTRUCTION. (A) Unless otherwise provided by applicable law, a nonconforming residential use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be re-established.
(B) Unless otherwise provided by applicable law, a nonconforming non-residential use occupying a structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be re-established with a conditional use permit. (Ord. 1181, passed 11-19-07)
§ 16.53.040 NONCONFORMING USE – VOLUNTARY DEMOLITION OF STRUCTURE.
A nonconforming use which occupies a structure that is voluntarily demolished or demolished because of a maintenance failure or other neglect can be replaced only with a use that complies with all applicable provisions of this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.050 NONCONFORMING USE – LACK OF CONDITIONAL USE PERMIT.
A use that is nonconforming because it lacks a conditional use permit may continue only to the extent that it previously existed (e.g., floor or site area occupied by the use, hours of operation). Any change to such use requires a conditional use permit.
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(Ord. 1181, passed 11-19-07)
§ 16.53.060 NONCONFORMING USE – ALLOWED ONLY BY CONDITIONAL USE PERMIT.
A nonconforming use previously allowed by a conditional use permit but is no longer permitted by the Code within the applicable zoning district can continue in operation, but only in compliance with all provisions of the original conditional use permit.
(Ord. 1181, passed 11-19-07)
§ 16.53.070 CONTINUATION AND MAINTENANCE.
A nonconforming non-residential use, structure, or lot may continue to be used until such time it is required to be abated provided no alterations, expansions, or modifications of area or use are made, except as otherwise permitted by this chapter.
(Ord. 1181, passed 11-19-07)
§ 16.53.080 NONCONFORMING STATUS TIED TO PROPERTY.
Restrictions and conditions affecting nonconforming uses, structures, and lots apply to that use, building, and structures, and are not affected by ownership changes. (Ord. 1181, passed 11-19-07)
§ 16.53.090 ABATEMENT.
Non-residential nonconforming uses must be abated or brought into conformance with this Code in accordance with the following amortization schedule:
TABLE 53-1 Abatement of Nonconforming Nonresidential Uses Zone or Use Abatement
Schedule
1. In any zone, a nonconforming non-residential use not occupying a structure.
1 year
2. In any zone, a nonconforming non-residential use
located in a structure with less than 100 square feet of gross floor area.
3 years
3. Any zone – Use not permitted 5 years
(Ord. 1181, passed 11-19-07)
§ 16.53.100 NONCONFORMING USES – ALLOWABLE CHANGES.
(A) Enlargement or expansion. A nonconforming use cannot be enlarged or increased to occupy a greater floor area or portion of the site than it lawfully occupied before becoming a nonconforming use. Alterations which do not increase or enlarge a nonconforming use may be approved. (B) Extended hours. The hours of business for a nonconforming use may be expanded to operate under extended business hours with a conditional use permit. (C) No nonconforming use can be changed to a less restrictive nonconforming use. (Ord. 1181, passed 11-19-07)
§ 16.53.110 ABANDONMENT.
A nonconforming use that is voluntarily discontinued or ceased operations for a continuous period of 12 months or more cannot be re-established on the site. Any further use of an existing structure or site must be used in conformity with all applicable provisions of this Code. (Ord. 1181, passed 11-19-07)
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§ 16.53.120 NONCONFORMING STRUCTURES – GENERALLY.
(A) Expansions. A nonconforming structure cannot be expanded, except as required by law, unless such expansion results in elimination of the nonconformity. (B) Maintenance, repair, and alterations. A nonconforming structure may be regularly maintained and repaired. Alterations without expansion are permitted if they improve the appearance or stability of the structure.
(C) A building or structure which does not conform to the yard regulations applicable to the zone in which such building or structure is located may be structurally altered only when:
(1) The alteration causes the building or structure to conform to the applicable yard regulations;
(2) The alteration or enlargement does not project into any required yard; or (3) The alteration or enlargement is an extension of that portion of the existing building or structure that encroaches into a required yard; provided, however, the alteration or enlargement cannot extend into the required yard farther than the existing portion and cannot have an area greater than 50% of the area of the existing portion within the required yard (see Figure 110-1). This allowance may only be utilized once on a property; future alterations or enlargements after the initial 50% allowance has been used on a property may not encroach into the required yard. (Ord. 1181, passed 11-19-07)
§ 16.53.130 NONCONFORMING STRUCTURES – RECONSTRUCTION OF MULTI-FAMILY RESIDENTIAL STRUCTURES.
Except as otherwise provided by applicable law, a residential nonconforming structure containing two or more dwelling units that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be reconstructed in compliance with this Code as follows. (A) The replacement structure contains at most the same number of dwelling units and floor area as the damaged structure;
(B) The replacement structure complies with all other applicable provisions of this Code to the maximum extent feasible;
(C) Reconstruction or rebuilding of the structure will not be detrimental or injurious to the health, safety, or general welfare of the persons residing or working in the neighborhood, or will not be detrimental or injurious to the property and improvements in the neighborhood; 472
(D) A complete application for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval; and (E) Reconstruction, restoration, or rebuilding of a multi-family dwelling or duplex may be prohibited if the Planning Commission finds that the reconstruction, restoration, or rebuilding will be detrimental or injurious to the health, safety, or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood. (Ord. 1181, passed 11-19-07)
§ 16.53.140 NONCONFORMING STRUCTURES – RECONSTRUCTION OF SINGLE-FAMILY DWELLINGS AND NONRESIDENTIAL STRUCTURES.
Except as otherwise provided by applicable law, a damaged single-family dwelling or non-residential structure that is damaged or destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be reconstructed in compliance with this Code as follows. (A) Less than 50% destruction. A structure with 50% or more of the total length of its original exterior walls remaining in place after the damaging event, requiring no replacement, may be reconstructed provided that:
(1) The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, and is of no greater height than the original structure; and, (2) A complete application demonstrating compliance with Title 15 for reconstruction is submitted within 12 months of the date of damage, and reconstruction is commenced within 180 days of land use permit approval.
(B) More than 50% destruction. A structure that is damaged so that more than 50% of the total length of its exterior walls must be replaced, may also be reconstructed, provided that:
(1) The reconstructed structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city’s design standards to the extent feasible, and is of no greater height than the original structure;
(2) A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval; and;
(3) The reconstructed structure must provide at least as much parking as previously existed and as much as determined by the Director to be feasible. (C) Replacement after destruction of nonconforming residential structures. A nonconforming residential structure that is completely destroyed by fire, earthquake, or other calamity beyond the property owner’s control may be replaced provided that:
(1) The replacement structure occupies the same footprint or decreases the nonconformity of the structure, complies with the city’s design standards to the extent feasible, and is of no greater height than the original structure; and
(2) A complete application for reconstruction demonstrating compliance with Title 15 is submitted within 12 months of the date of damage, and reconstruction is commenced within one year from land use permit approval.
(D) Replacement after destruction of nonconforming non-residential uses. A nonconforming non-residential structure that is completely destroyed by fire, earthquake, or other calamity beyond the property owner’s control can be replaced only with a structure that complies with all applicable provisions of this Code.
(Ord. 1181, passed 11-19-07)
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§ 16.53.150 NONCONFORMING FENCES AND WALLS.
Nonconforming fences and walls cannot be enlarged or altered unless they are altered to conform with this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.160 HISTORIC PROPERTIES.
Based upon substantial evidence, the Planning Commission can find that a national-, state-, or localdesignated historic use or structure is nonconforming and exempt from this chapter. (Ord. 1181, passed 11-19-07)
§ 16.53.170 NONCONFORMING LOT.
(A) Allowed use of a nonconforming parcel. A parcel that does not comply with the applicable requirements of this Code for minimum lot area, dimensions, or access, is considered to be a legal building site for the purposes of development or the establishment of a new land use only if:
(1) The parcel was previously a legal lot of record; or (2) The parcel has a Certificate of Compliance.
(B) Development and use standards. Any proposed development or use of a nonconforming parcel must comply with all applicable requirements of this Code. (C) Further division prohibited. A nonconforming parcel cannot be further subdivided, and its boundaries may be changed through lot line adjustment only if the extent of the nonconformity remains unchanged or is reduced.
(Ord. 1181, passed 11-19-07)
§ 16.53.180 NONCONFORMITY ABATEMENT – NOTICE.
(A) Upon determination by the Director that a use on a given parcel of land is a nonconforming use and the permitted abatement period has lapsed, the Director must send a notice to the owner of the parcel, as shown on the last equalized assessment roll, identifying the requirement for abatement. Such notice must be sent by a method certifying delivery of the notice. (B) The notice required by this section must state the following:
(1) The property in question contains a nonconforming use; (2) The date the use became nonconforming; and
(3) The date of required abatement established in this Code. (Ord. 1181, passed 11-19-07)
§ 16.53.190 PUBLIC HEARING.
(A) Within 30 days after the city issues a notice, the owner of the subject property may request a public hearing before the Planning Commission to consider the matter. (B) The Planning Commission must receive written and oral testimony at such hearing with regard to abatement of the nonconformity.
(C) At the close of the public hearing, the Planning Commission must find and determine whether the nonconformity should be abated or whether a time extension should be granted. The Commission must base its decision as to the length of the permitted abatement period on evidence including, without limitation, the depreciation schedule attached to the owner’s latest federal income tax return.
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(D) The Planning Commission must also find and determine whether the nonconformity can economically be used in its present condition or if the nonconformity can be successfully modified for a purpose permitted by the zone in which it is located.
(Ord. 1181, passed 11-19-07)
§ 16.53.200 FINDINGS AND DECISIONS.
(A) The decision of the Planning Commission and the findings in support of the decision must be in the form of a written order and be served to the property owner personally or by a method certifying delivery within ten calendar days after the decision is rendered. (B) Findings must be made as to whether or not the balancing of the public interest and the request by the owner for continuance complies with the intent of this Title 16. (Ord. 1181, passed 11-19-07)
§ 16.53.210 APPEALS.
The decision of the Planning Commission may be appealed to the City Council in accordance with this Code.
(Ord. 1181, passed 11-19-07)
§ 16.53.220 EXTENSION OF TIME.
(A) In establishing the time periods for the termination of nonconforming uses, the city recognizes that there may be some uses which entail a substantial investment in time and money and which require a greater period of time for abatement of the investment than that set forth in the timetable.
Any party may file a petition to the Planning Commission for an extension of time for the termination of a nonconforming use. The Planning Commission may direct the Director to conduct a study of the specific use and prepare a report recommending the appropriate time for termination of the use. (B) The Planning Commission, or the City Council on appeal, at its discretion, may grant an extension of time for the abatement of nonconformity where it finds that an unreasonable hardship would otherwise be imposed on the property owner.
(Ord. 1181, passed 11-19-07)
§ 16.53.230 CITY REMOVAL.
If removal of a nonconforming use is not performed within the termination period determined by the Planning Commission in accordance with this chapter, the city can remove the nonconforming use. Any cost of removal can be charged to the property owner or recorded as a lien on the subject property, in accordance with this Code.
(Ord. 1181, passed 11-19-07)
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TITLE XVI: DEVELOPMENT CODE
CHAPTER 16.26:CHAPTER 16.52: SWIMMING POOLS
Section
16.52.010 16.26.010 Purpose and intent
16.52.020 16.26.020 Permitted location
16.52.030 16.26.030 Fences, walls and gates
16.52.040 16.26.040 Decks
16.52.050 16.26.050 Other applicable regulations
§ 16.26.010 § 16.52.010 PURPOSE AND INTENT.
(A) (A) The purpose of this chapter is to provide minimum standards to protect neighborhood aesthetics and to guard against impacts to adjoining properties. (B) (B) Any property owner wishing to construct a swimming pool must submit plans for the swimming pool to the Planning Department, and must have received written approval of such plans prior to obtaining building permits, in accordance with the provisions of this chapter. (Ord. 1100, passed 7-6-04)
§ 16.26.020 § 16.52.020 PERMITTED LOCATION.
No swimming pool, hot tub, spa, or similar body of water, or pool equipment, may be located within three feet of any property line, or within any front or side yard setbacks.
Figure 52-1
Allowable Area for Pools & Spas
(Ord. 1100, passed 7-6-04)
§ 16.26.030 § 16.52.030 FENCES, WALLS AND GATES.
All fences, walls and gates required by the Building Code must also meet the requirements of Chapter 16.44 16.22(Fences, Walls & Hedges).
(Ord. 1100, passed 7-6-04)
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§ 16.26.040 § 16.52.040 DECKS.
(A) (A) Above ground decks must comply with all setback requirements of the applicable zone.
(B) (B) Ground level decks may be constructed to the property line, provided adequate drainage features are available to prevent overflow or splash water from the pool from draining onto the adjacent property.
(Ord. 1100, passed 7-6-04)
§ 16.26.050 § 16.52.050 OTHER APPLICABLE REGULATIONS.
In addition to the requirements contained in this chapter, any applicable requirements in the following chapter(s) apply:
Chapter 154: Swimming Pools
(Ord. 1100, passed 7-6-04)
CHAPTER 16.27:CHAPTER 16.56: AMUSEMENT ARCADES
Section
16.56.010 16.27.010 Development standards and use conditions
16.56.020 16.27.020 Existing businesses
§ 16.27.010 § 16.56.010 DEVELOPMENT STANDARDS AND USE CONDITIONS.
All amusement centers or arcades will be subject to the following restrictions and requirements:
(A) (A) No arcade will be permitted within 200 feet of any school, church, hospital, convalescent hospital, retirement home, residence, or public playground. The 200-foot distance will be measured from the front entrance of the arcade building to the nearest property line of the use listed in this division.
(B) (B) All windows must be kept clear of any item or tint that obscures full view from the exterior to inside the business.
(C) (C) All arcades must obtain a Conditional Use Permit. In deliberating the granting of a Conditional Use Permit, the following factors will be considered:
(1) (1) Possible requirements for parking of vehicles, bikes and mopeds; (2) (2) Possible requirements for restroom facilities;
(3) (3) Possible restrictions on food and alcohol consumption on the premises; (4) (4) Possible restriction of operating hours and use of the premises by school children during school hours;
(5) (5) Possible requirements for adult supervision and/or security; (6) (6) Possible requirements for outdoor lighting and trash receptacles; (7) (7) Possible limitation on the number of machines allowed per square footage of public floor space;
477
(8) (8) Possible requirement for change machine or insurance of availability of change;
(9) (9) Possible requirement for indoor lighting and noise-attenuation devices; (10) (10) Possible requirement for a camera/video surveillance system; (11) (11) Possible requirement for "“no loitering"” signs; (12) (12) Any other factors which could cause a detrimental atmosphere to the community so as to limit disturbances to the residents of the city; and (13) (13) The proximity of the arcade to any residential uses. (D) (D) The Planning Commission will have the authority to deny a Conditional Use Permit for an amusement arcade if the Commission determines that the arcade cannot be operated in a given location in a manner that will not generate problems or incompatibilities with neighboring uses. (Ord. 1100, passed 7-6-04)
§ 16.27.020 § 16.56.020 EXISTING BUSINESSES.
Any person, upon the effective date of this section, operating an arcade and holding a valid business license for such operation, is exempt from the provisions of this section; provided, however, that no expansion of the use will be permitted without the facility complying with the provisions of this section.
Expansion will include any increase in the number of machines or in floor area after the effective date of this chapter.
(Ord. 1100, passed 7-6-04)
CHAPTER 16.28:CHAPTER 16.58: ALCOHOLIC BEVERAGE SALES
Section
16.58.010 16.28.010 Development standards and use conditions
16.58.020 16.28.020 Existing businesses
16.58.030 16.28.030 Temporary sales of alcoholic beverages § 16.28.010 § 16.58.010 DEVELOPMENT STANDARDS AND USE CONDITIONS.
Any use providing alcohol beverage sales for either on-site or off-site consumption is subject to the following standards and conditions on use:
(A) (A) All new sales of alcohol, with the exception of temporary sales as specified in §
16.58.03016.28.030 of this chapter, must obtain a Conditional Use Permit. (B) (B) A new alcohol sales use may only be established in a location such that the proposed use will not contribute to undue concentration of such uses in an area where additional such uses would be undesirable, with consideration to be given to the area'sarea’s function and character, problems of crime and loitering, traffic problems and capacity. (C) (C) Except for temporary sales of alcohol citywide and except for alcohol sales for onsite consumption within the Central Business District, sale of alcoholic beverages within 300 feet of a public or private school is prohibited on weekdays between the hours or 7:00 a.m. and 6:00 p.m. (D) (D) The proposed use must not adversely affect adjacent or nearby properties. (E) (E) Adequate litter receptacles must be provided.
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(F) (F) Where the proposed use is near residential uses, it must be limited in hours of operation, or designed and operated, so as to avoid disruption of residents'’ sleep between the hours of 10:00 p.m. and 7:00 a.m.
(G) (G) No signs advertising any kind of alcoholic product which will be easily visible from the exterior of the business will be permitted. This prohibition does not apply to business signage representing a registered company name.
(H) (H) Windows must be kept free of signs and other obstructions to allow visual inspection from the outside.
(I) (I) The property owner/operator/applicant and the city must enter into an enforcement agreement to facilitate the control of the sale of alcohol, inclusive of spirits, distilled liquor, beer and wine at this site before selling alcohol on the subject property. This agreement will be subject to review and approval by the Director and Police Chief, or their respective designees. The agreement must also obligate any heirs, assigns, and other future owners/operators of the establishment, or must be replaced by a new similar agreement.
(J) (J) No provision in this section is intended to conflict with the authority of the State of California Bureau of Alcoholic Beverage Control (ABC) to issue alcohol sales licenses. Before commencing the proposed use, applicants seeking a Conditional Use Permit for new alcohol sales are required to obtain the appropriate license from ABC in accordance with state law. (Ord. 1100, passed 7-6-04; Am. Ord. 1194, passed 7-7-08; Am. Ord. 1316, passed 5-18-22; Am. Ord. 1320, passed 1-18-231-1823)
§ 16.28.020 § 16.58.020 EXISTING BUSINESSES.
(A) (A) Any establishment that has continuously held an active alcohol sales license from the State of California Bureau of Alcoholic Beverage Control (ABC) to sell alcoholic beverages as of a date before July 6, 2004 (the date when the city'scity’s requirement for a Conditional Use Permit went into effect), is exempt from the provisions of this chapter; provided, however, that no expansion of the use will be permitted without the facility complying with the provisions of this chapter, including the securing of a Conditional Use Permit. Expansion includes any increase in square footage of a business, or request for increase in license privileges on or after July 6, 2004. (B) (B) Notwithstanding the exemption from this chapter under division (A), all sales of alcohol legally established prior to July 6, 2004 (the date when the city'scity’s requirement for a Conditional Use Permit went into effect) will expire in the event that the licensee or owner closes the establishment for more than 30 days, except in the case of a remodeling, fire, natural disaster, or other physical calamity beyond the control of the owner. In such cases, the use will expire within one year. (Ord. 1100, passed 7-6-04; Am. Ord. 1316, passed 5-18-22) § 16.28.030 § 16.58.030 TEMPORARY SALES OF ALCOHOLIC BEVERAGES. (A) (A) Notwithstanding the provisions of Chapter 16.1516.09 (Commercial Zones), sales of alcoholic beverages may take place for a maximum of one day without the necessity of obtaining a conditional use permit. Such one-day events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades which have been approved by the City Council. However, this prohibition does not preclude the sale of alcohol at these community events if approved by the City Council. (B) (B) Temporary sales lasting not more than three days, or any portion thereof over one, must be approved in advance by the City Council. The Council may establish conditions regarding such sales to assure compliance with city codes and the health, safety and welfare of the public. The City Council may deny such requests if it finds that the prior history of the organization or individual requesting the sale warrants such a denial or if the potential impacts of traffic congestion, loitering, crime, public drunkenness or other problems appear to be of a magnitude that cannot be overcome through the Deleted: of the City Council.
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imposition of conditions. Such events are prohibited within 1,000 feet of community street fairs, carnivals, festivals and parades that have been approved by the City Council. However, this prohibition will not preclude the sale of alcohol at the site of these community events if approved by the City Council. (Ord. 1100, passed 7-6-04; Am. Ord. 1316, passed 5-18-22) CHAPTER 16.29:CHAPTER 16.60: CHILD DAY CARE FACILITIES
Section
16.60.010 16.29.010 Development standards and use conditions
16.60.020 16.29.020 Child day care centers
16.60.030 16.29.030 Small family day care homes
16.60.040 16.29.040 Large family day care homes
§ 16.29.010 § 16.60.010 DEVELOPMENT STANDARDS AND USE CONDITIONS. (A) (A) All child day care facilities must comply with all applicable state licensing laws at all times.
(B) (B) Required parking spaces must be provided for all child day care facilities in accordance with Chapter 16.4616.23 (Off-street Parking and Loading) of this Title 16. (C) (C) Outdoor play areas must be provided consistent with state requirements, based on maximum capacity. Outdoor play areas must not be located within required front yards or street facing side yards of residential properties, or within 20 feet of the ultimate public right-of-way for commercial or industrial properties.
(D) (D) All child day care facilities must comply with noise standards for the underlying zone, as outlined in Chapter 93 of the Santa Paula Municipal Code and the Noise Element of the City of Santa Paula General Plan.
(Ord. 1100, passed 7-6-04)
§ 16.29.020 § 16.60.020 CHILD DAY CARE CENTERS.
Child day care centers as defined in Cal. Health & Safety Code § 1596.76 are permitted in the C-G General Commercial zones, subject to design review as outlined in Chapter 16.22616.67 of this Title 16, and conditionally in all residential, commercial and light industrial zones, pursuant to Chapter
16.21816.63 (Conditional Use Permits).
(A) (A) Operating standards. The following operating standards apply for day care centers.
(1) (1) The hours of operation for any child day care center must be compatible with the permitted uses in the surrounding area.
(2) (2) Outdoor activities may only be conducted between the hours of 8:00 a.m. and 6:00 p.m. in residential zones and 6:00 a.m. and 7:00 p.m. in all other zones. (3) (3) No outdoor play area may be located within ten feet of a residentially zoned property.
(4) (4) Where a child day care center abuts a property in a residential zone, a masonry wall of minimum height six feet, with screen landscaping, must be erected and maintained between the two uses.
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(5) (5) In addition to the parking requirements outlined in Chapter 16.4616.23 (Off-street Parking), three parking spaces must be provided for the loading and unloading of children.
Where on-street parking is available along the street frontage of the day care center, only two of these spaces are required on site.
(6) (6) Loading and unloading areas must be located so that children do not cross traffic to reach the facility. The loading and unloading areas must be designed to minimize interference with traffic and promote safety of the children. (7) (7) The provider must secure the appropriate child day care license, as required by the State of California Department of Social Services. Proof of such license must be submitted to the Planning Director prior to a certificate of occupancy being issued to the day care center. (Ord. 1100, passed 7-6-04)
§ 16.29.030 § 16.60.030 SMALL FAMILY DAY CARE HOMES.
Small family day care homes as defined in Cal. Health & Safety Code § 1597.44 are permitted by right in all residential zones in the city, pursuant to Cal. Health & Safety Code § 1597.45. The provider must secure a small family day care home license from the State of California Department of Social Services. In accordance with Cal. Health & Safety Code § 1597.45, small family daycares homes are not required to obtain a City of Santa Paula business license or home occupation permit. (Ord. 1100, passed 7-6-04)
§ 16.29.040 § 16.60.040 LARGE FAMILY DAY CARE HOMES.
The purpose of this section is to set forth the standards, restrictions, and requirements for the operation of large family day care homes, as defined in Cal. Health & Safety Code § 1597.465, on properties zoned for single-family dwellings. Large family day care homes are permitted as an accessory use for a dwelling located in a residential zone, subject to design review as outlined in Chapter
16.22616.67 of this Title 16, and pursuant to the Cal. Health & Safety Code § 1597.46(a)(2). (A) (A) Operating standards. The following operating standards apply for large family day care homes.
(1) (1) Parking.
(a) (a) One parking space for each employee not residing in the Large Family Day Care Home dwelling, plus the two parking spaces required for the occupants of the single family residence as required in Chapter 16.4616.23 (Off-Street Parking). (b) (b) Three parking spaces for the loading and unloading of children. Where on-street parking is available along the street frontage of the Large Family Day Care Home site, only one of these spaces is required on site. (c) (c) Not more than three of the parking spaces required herein, located side by side, will be permitted within the required front yard setback area, provided that such parking space does not block a public sidewalk or right-of-way. (d) (d) Up to two of the required on-site parking spaces may be located in tandem behind the required parking spaces for the occupants of the dwelling or for employees.
However, in no instance will such tandem parking result in more than one parking space behind each required occupant or employee parking space.
(2) (2) Traffic control.
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(a) (a) Residences located on major arterial streets must provide a child drop-off/pick-up area designed to prevent vehicles from backing onto the major arterial roadway. (b) (b) The width of the street fronting the Large Family Day Care may not be less than the State of California standard minimum street width, which is 40 feet. (3) (3) Noise. Noise from outdoor play areas must be kept to a level consistent with residential neighborhoods. To reduce possible noise impacts, outdoor play/activity areas must only be used between the hours of 8:00 a.m. to 6:00 p.m. The operation of the facility must comply with residential noise standards contained in § 16.42.07016.19.070 (Performance Standards, Noise) and the Noise Element of the City of Santa Paula general plan.
(4) (4) Separation. As a means to maintain the integrity of residential neighborhoods, new large family day care homes must not be located within 300 feet of an existing state licensed Large Family Day Care Home or within 300 feet of any other child day care center licensed to care for 13 or more children.
(5) (5) Residential use. In accordance with Cal. Health & Safety Code § 1597.43(a), the Large Family Day Care Home must not fundamentally alter the nature of the underlying residential use. Accordingly, the following standards apply to large family day care homes:
(a) (a) The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum lot size, lot coverage, parking, fencing, and screening of trash receptacles.
(b) (b) The proposed use must comply with all State Fire Marshal requirements for building and safety that apply to large family daycare homes, and with all local building and fire codes which apply to single-family residences. (c) (c) The day care home must be the principal residence of the provider, and its use as a daycare home must be clearly incidental and secondary to the use of the property for residential purposes.
(d) (d) The facility must be operated in a manner so as not to appear as a commercial operation, and the property must be maintained to preserve the general appearance and character of the residential neighborhood. Play equipment must not be located within the required front yard setback of the property so as to appear as a commercial child-care center. (e) (e) No structural changes may be proposed that will alter the character of the building as a residence.
(f) (f) The facility will be operated in a manner that will not adversely affect adjoining residences nor be detrimental to the character of the residential neighborhood. (g) (g) Signs for the day care home must comply with Chapter
16.4816.24 for signs in residential zones.
(h) (h) The provider must secure a large family day care home license, as required by the State of California Department of Social Services. (B) (B) Application procedures. An application for Design Review must be filed with the Planning Department pursuant to Chapter 16.22616.67. Operation of a large family daycare is not subject to a home occupation permit; however, such facilities must secure a business license with the City of Santa Paula.
(C) (C) Pre-existing Large Family Day Care Homes.
(1) (1) Those Large Family Day Care Homes that exist on the effective date of this title, and on that date have a valid Large Family Day Care Home license issued by the State of 482
California, are considered legal non-conforming uses. Such non-conformingnonconforming use may continue until the renewal date required for State of California licensing of the provider'sprovider’s large family day care home. If the provider does not apply for approval of his/her large family day care home pursuant to this chapter by the date required for state licensing renewal, then the legal non-conforming use will be deemed to terminate.
(2) (2) In those instances where an application has been filed in a timely manner, and the Director finds that numerous conditions must be applied to make the non-conforming large family day care home consistent with this chapter, the Director may extend the valid non-conforming use status up to five years. This extension by the Director would be granted only as a means to give the applicant adequate time to satisfy the operating standards provided in this section. If the operating standards are not satisfied within the extension period granted by the Director, the legal non-conforming use will terminate.
(Ord. 1100, passed 7-6-04)
CHAPTER 16.30:CHAPTER 16.62: ASSEMBLY HALLS
Section
16.62.010 16.30.010 Definitions
16.62.020 16.30.020 Compliance with permit requirements
16.62.030 16.30.030 Parking requirements
16.62.040 16.30.040 Compatibility with surrounding uses § 16.30.010 § 16.62.010 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter:
ASSEMBLY HALL means a building, or portion of a building, used for large scale public or private gatherings of people. For example, and without limitation, assembly halls include private educational facilities; religious institutions; clubs; lodges; and similar kinds of facilities whether available for public or private use.
(Ord. 1106, passed 6-21-04)
§ 16.30.020 § 16.62.020 COMPLIANCE WITH PERMIT REQUIREMENTS.
Any ancillary uses affiliated with an assembly hall must be specifically identified and permitted by a validly issued conditional use permit pursuant to this chapter or be separately permitted in accordance with the requirements for that zone. For example, and without limitation, a day care center or private school associated with an assembly hall must be identified as an authorized use in the conditional use permit.
(Ord. 1106, passed 6-21-04)
§ 16.30.030 § 16.62.030 PARKING REQUIREMENTS.
(A) (A) Off-street parking must be provided in accordance with the requirements set forth in this title including, without limitation, landscaping requirements. (B) (B) Where an assembly hall is established in a residential zone, the required front yard may not be used for parking vehicles.
(Ord. 1106, passed 6-21-04)
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§ 16.30.040 § 16.62.040 COMPATIBILITY WITH SURROUNDING USES. (A) (A) All buildings, structures, and landscaping must be developed and maintained in a manner compatible with development on surrounding properties. (B) (B) For assembly halls located within or adjacent to a residential zone, the Planning Commission may condition hours of operation to ensure compatibility with adjacent residential uses. (Ord. 1106, passed 6-21-04)
CHAPTER 16.31:CHAPTER 16.64: COMMUNITY CARE FACILITIES
Section
16.64.010 16.31.010 Definitions
16.64.020 16.31.020 CUP required
16.64.030 16.31.030 Findings required
§ 16.31.010 § 16.64.010 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter. Words and phrases not given a meaning by this section have the meaning set forth in this title and as set forth in Cal. Health & Safety Code § 1502.
COMMUNITY CARE FACILITY or GROUP HOME has the same meaning as set forth in Cal. Health & Safety Code § 1502 where six or more persons live together.
OVERCONCENTRATION means the presence of one or more community care facilities, or similar uses, located within 300 feet of a proposed community care facility site. (Ord. 1107, passed 6-21-04)
§ 16.31.020 § 16.64.020 CUP REQUIRED.
Community care facilities require a conditional use permit issued pursuant to this title and may only be located in general commercial, residential, and mixed-use residential/commercial zones. (Ord. 1107, passed 6-21-04)
§ 16.31.030 § 16.64.030 FINDINGS REQUIRED.
A conditional use permit may be issued if the Planning Commission, or, if applicable, the City Council finds as follows:
(A) (A) Permitting the use would not result in an overconcentration of community care facilities within the area where the facility is proposed to be operated; (B) (B) The proposed community care facility would not be located within one mile of an elementary school if a person convicted of a sex offense against a minor pursuant to Cal. Health & Safety Code § 1564 would reside at the community care facility; (C) (C) The proposed community care facility can be developed and maintained in a manner compatible with surrounding land uses;
(D) (D) Permitting the use would not otherwise be detrimental to public health, safety, or welfare, subject to the limitations of applicable law.
(Ord. 1107, passed 6-21-04)
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CHAPTER 16.32:CHAPTER 16.66: DRIVE-THROUGH FACILITIES
Section
16.66.010 16.32.010 Intent and purpose
16.66.020 16.32.020 Development standards and conditions § 16.32.010 § 16.66.010 INTENT AND PURPOSE.
The purpose of this section is to ensure that drive-through facilities do not result in adverse impacts on adjacent properties and residents or on surrounding neighborhoods due to customer and employee parking demand, traffic generation, noise, light, litter, or cumulative impact of such demands in one area, consistent with the goals, objectives, and policies of the General Plan. (Ord. 1100, passed 7-6-04)
§ 16.32.020 § 16.66.020 DEVELOPMENT STANDARDS AND CONDITIONS.
Drive-through facilities may be permitted only with approval of a Conditional Use Permit. The use must comply with the property development standards of the underlying district, as well as the provisions of this section.
(A) (A) The minimum lot size of any drive-through facility must be 20,000 square feet. (B) (B) The following standards apply:
(1) (1) Drive-through facilities must have two-way driveways. (2) (2) Minimum queuing distances must be provided as illustrated in Figure 66-1.
(3) (3) A parking and vehicular circulation plan encompassing adjoining streets and alleys must be submitted for review and approval by the City Engineer Services prior to approval of a Conditional Use Permit.
(4) (4) A minimum of one outdoor trash receptacle must be provided on-site adjacent to each driveway exit. At least one
additional on-site outdoor trash receptacle must be provided for every ten required parking spaces. (5) (5) Employees must collect on-site and off-site litter including food wrappers, containers, and packaging from restaurant products generated by customers within a radius of 300 feet of the property at least once per business day. (6) (6) No noise-generating compressors or other such equipment must be placed on or near any property line adjoining any residential district or any property used for residential purposes.
(7) (7) Drive-up or drive-through speaker systems must not emit more than 50 decibels 4 feet between the vehicle and the speaker and must not be audible above the daytime ambient noise levels beyond the property boundaries. The system must be designed to compensate for ambient noise levels in the immediate area.
(8) (8) On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent property zoned for residential 231
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use, a screen wall must be provided to the satisfaction of the Planning Director. (Ord. 1100, passed 7-6-04; Am. Ord. 1245, passed 9-4-12) Figure 66-1
Drive-through Facilities
CHAPTER 16.33:CHAPTER 16.68: NEWSRACKS
Section
16.68.020 16.33.020 Purpose
Division 1: General Provisions
16.68.030 16.33.030 Definitions
16.68.040 16.33.040 Administration
16.68.050 16.33.050 Prohibitions
16.68.060 16.33.060 Encroachment permits
16.68.070 16.33.070 Notices
16.68.080 16.33.080 Fees
Division 2: Permits
16.68.090 16.33.090 Application form and content
16.68.100 16.33.100 Change in application information
16.68.110 16.33.110 Time for reviewing application
16.68.120 16.33.120 Permit issuance
16.68.130 16.33.130 Permit denial
16.68.140 16.33.140 Notice of denial
16.68.150 16.33.150 Expedited review
16.68.160 16.33.160 Term; renewal
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16.68.170 16.33.170 Uniform newsracks
Division 3: Permit Conditions; Newsrack Regulations
16.68.180 16.33.180 Permit conditions
16.68.190 16.33.190 Installation requirements
16.68.200 16.33.200 Prohibited areas
16.68.210 16.33.210 Maintenance
16.68.220 16.33.220 Harmful matter
Division 4: Appeal
16.68.230 16.33.230 Right of administrative review
16.68.240 16.33.240 Time for administrative review
16.68.250 16.33.250 Commencement of administrative review
16.68.260 16.33.260 Administrative review
16.68.270 16.33.270 City Manager decision final
Division 5: Enforcement
16.68.280 16.33.280 Minor violations
16.68.290 16.33.290 Notice of hearing for newsrack removal
16.68.300 16.33.300 Hearing procedure
16.68.310 16.33.310 Compliance with removal order
16.68.320 16.33.320 Recovering city expenses
16.68.330 16.33.330 Emergency removal
16.68.340 16.33.340 Abandonment; disposal
16.68.350 16.33.350 Enforcement
16.68.360 16.33.360 Liability for fines
Division 6: Preexisting Newsracks
16.68.370 16.33.370 Existing newsracks
§ 16.33.020 § 16.68.020 PURPOSE.
This chapter is adopted in accordance with California Constitution Article XI, § 7, for the purpose of establishing uniform regulations for allowing newsracks to be placed within the public right-of-way. The city'scity’s intent in adopting this chapter is to establish reasonable time, place, and manner restrictions on the commercial use of public right-of- ways in order to preserve public health, safety, and welfare. (Ord. 1101, passed 6-21-04)
DIVISION 1: GENERAL PROVISIONS
§ 16.33.030 § 16.68.030 DEFINITIONS.
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Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter.
ADMINISTRATOR means the City Manager or designee.
BLINDER RACK means any opaque material placed in front of the harmful matter and within the publication vending machine which prevents exposure to public view.
DRIVEWAY means a surfaced area which is designed or used for vehicular access between a lot and a public street.
HARMFUL MATTER means matter which when taken as a whole, predominantly appeals to the prurient interests of the average person, applying contemporary statewide standards, meaning a shameful or morbid interest in nudity, sex, or excretion, and which is patently offensive to the prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks significant literary, artistic, political, educational, or scientific value for minors. When it appears from the nature of the matter or the circumstances of its dissemination, distribution or exhibition that it is designed for clearly defined deviant sexual groups, the predominant appeal of the matter must be judged with reference to its intended recipient group.
LOT has the same meaning as set forth in the zoning regulations of this Code.
NEWSRACK means any self-service coin- operated box, container, storage unit or other dispenser designed, used or maintained for the display or sale of any written or printed material, including, without limitation, newspapers, news periodicals, magazines, books, pictures, photographs and records.
PERMIT means a permit issued to a person pursuant to this chapter allowing a newsrack to be installed within a specifically designated portion of a public right-of-way. PERMIT may also include a uniform newsrack permit issued in accordance with this chapter.
PERMITTEE means a person or entity to whom a permit was issued pursuant to this chapter.
PUBLIC RIGHT-OF-WAY means any city street, sidewalk, pedestrian path, bike path or any other "“public way,"” as defined by Cal. Sts. & High. Code § 18609, and any successor statute.
PUBLIC STREET means any city street or public right-of-way including, without limitation, the curb and gutter.
UNIFORM NEWSRACK means a newsrack of a style, size and color designated by Council by resolution for permanent installation.
(Ord. 1101, passed 6-21-04)
§ 16.33.040 § 16.68.040 ADMINISTRATION.
The administrator is authorized to receive applications, issue and revoke permits, and otherwise administer and implement this chapter.
(Ord. 1101, passed 6-21-04)
§ 16.33.050 § 16.68.050 PROHIBITIONS.
It is unlawful for any person to install, place or maintain a newsrack or uniform newsrack in any public right-of-way that violates any provision of this chapter including, without limitation, failing to obtain a permit issued pursuant to this chapter.
(Ord. 1101, passed 6-21-04)
§ 16.33.060 § 16.68.060 ENCROACHMENT PERMITS.
Persons who obtain a permit pursuant to this chapter are not required to also obtain an encroachment permit under this code to install newsracks.
(Ord. 1101, passed 6-21-04)
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§ 16.33.070 § 16.68.070 NOTICES.
(A) (A) Where the provisions of this chapter require that an applicant/permittee be served with notice, such notice is deemed served when personally delivered to the applicant/permittee; when deposited in first class United States Mail, addressed to the applicant/permittee'spermittee’s last known address; or when sent via facsimile to the applicant/permittee'spermittee’s last known facsimile number. (B) (B) Unless otherwise provided, written notification to a permittee/applicant of a permit decision will state with particularity the basis for such decision. (Ord. 1101, passed 6-21-04)
§ 16.33.080 § 16.68.080 FEES.
All fees applicable to this chapter are established by City Council resolution. (Ord. 1101, passed 6-21-04)
DIVISION 2: PERMITS
§ 16.33.090 § 16.68.090 APPLICATION FORM AND CONTENT.
(A) (A) Permit applications must be filed by a natural person in the name of each applicant proposing to obtain a permit.
(B) (B) Every application must be signed by the applicant, or the applicant'sapplicant’s authorized representative, under penalty of perjury.
(C) (C) Permit applications, and permits, will be in a form prescribed by the administrator and contain all of the following information:
(1) (1) The name, mailing address, and daytime and evening telephone numbers of the person filing the application;
(2) (2) The proposed location for the newsrack; and
(3) (3) Such additional information as the administrator may reasonably require to process the application.
(D) (D) Applications must be accompanied by a permit fee. (Ord. 1101, passed 6-21-04)
§ 16.33.100 § 16.68.100 CHANGE IN APPLICATION INFORMATION. (A) (A) Whenever any change occurs in the information contained in the permit, the permittee must give the administrator written notice of the change within 30 days of the date that the change becomes effective.
(B) (B) If a permittee fails to give the administrator timely written notice of a change in the information contained in the application, the administrator may charge the permittee an additional administrative fee.
(Ord. 1101, passed 6-21-04)
§ 16.33.110 § 16.68.110 TIME FOR REVIEWING APPLICATION.
After receiving a completed application, the administrator must review the application and either issue or deny a permit within 30 days.
(Ord. 1101, passed 6-21-04)
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§ 16.33.120 § 16.68.120 PERMIT ISSUANCE.
(A) (A) The administrator must issue a permit if:
(1) (1) The application was complete in accordance with this chapter; (2) (2) There are no grounds for denying the permit; and (3) (3) The applicant accepts the permit in writing.
(B) (B) Use of any permit issued pursuant to this chapter must conform to the permit conditions of this chapter.
(Ord. 1101, passed 6-21-04)
§ 16.33.130 § 16.68.130 PERMIT DENIAL.
A permit can be denied for the following reasons:
(A) (A) The application is incomplete;
(B) (B) The applicant failed to provide reasonable supplemental application information requested by the administrator;
(C) (C) Information submitted by the applicant is materially false; (D) (D) The application is submitted by a person with a suspended permit or whose permit was revoked; or
(E) (E) The application seeks authorization for a newsrack that is prohibited by this code or unlawful under any other local, state, or federal law. (Ord. 1101, passed 6-21-04)
§ 16.33.140 § 16.68.140 NOTICE OF DENIAL.
Where the administrator denies a permit, the administrator must serve notice to the applicant. (Ord. 1101, passed 6-21-04)
§ 16.33.150 § 16.68.150 EXPEDITED REVIEW.
Pursuant to Cal. Civ. Proc. Code § 1094.8(c), and any successor statute or regulation, the permits under this chapter are designated for expedited judicial review pursuant to the procedure set forth in Cal.
Civ. Proc. Code § 1094.8, or any successor statute or regulation. (Ord. 1101, passed 6-21-04)
§ 16.33.160 § 16.68.160 TERM; RENEWAL.
Unless suspended or revoked, permits issued pursuant to this chapter have a term of one year.
Permits must be renewed not later than 30 days before they expire in order to be maintained. Should a permit expire, the permittee must comply with this chapter to obtain a new permit. (Ord. 1101, passed 6-21-04)
§ 16.33.170 § 16.68.170 UNIFORM NEWSRACKS.
(A) (A) By resolution, the Council may from time to time establish uniform newsrack locations. The Council must first hold a public hearing, for which notice must be sent at least 15 days in advance to all persons requesting notice, or whose name and address appears on an existing newsrack 490
in the subject location, and after such hearing must find that the location carries a substantial volume of pedestrian or vehicular traffic, that uniform newsracks are feasible at the location, and that it is in the public interest for such newsracks.
(B) (B) The resolution must describe the location; designate the particular point(s) at that location where uniform newsracks may be installed; specify the maximum number of uniform newsracks to be allowed at the location; and specify the style, size, color or other attributes required of uniform newsracks at the location. Such specification should not require uniform newsracks made by any particular manufacturer. The resolution may direct the administrator to install a kiosk(s), pedestal(s), or other support structure to accommodate a stated number of newsracks. (C) (C) No person may install a uniform newsrack at a uniform newsrack location without first obtaining a uniform newsrack permit from the administrator. (D) (D) Upon the adoption of a resolution by Council establishing a uniform newsrack location, interested persons may apply for such permit. The administrator must hold all such applications for 30 days after the date the resolution was adopted and may then issue all permits applied for up to the maximum number established, if any, in the resolution.
(E) (E) Permits are determined by a random selection process. The first application identified by random selection will be issued a permit for the most favorable location, and so on until the maximum number, if any, is reached. Applicants seeking permits for more than one newsrack in a single location will be allotted adjacent spaces. The remaining applications must be denied and the applicants notified. Where fewer applications are received than the maximum number of positions allowed by the resolution, permits for the remaining positions may be allotted on a first-come, first-served basis. (F) (F) Each year, during the month of December, the administrator must draw lots in the above manner for permits for the next calendar year from among those holding permits and any new applications received by December 1.
(G) (G) The Council may at any time, on its own motion or upon request of any person, by resolution, increase the maximum number of available positions. In the event of such increase, or in the event a position becomes available by abandonment or otherwise, such position(s) must be allotted by the above procedure.
(H) (H) Upon being granted a permit, the applicant may permanently install a uniform newsrack as described in the resolution, either affixing it to the pavement or ground, or in the event the resolution directs the administrator to install support structures, then to such support structure. (I) (I) A uniform newsrack permit will, in addition to all other provisions of this section, be conditioned with all other requirements of this chapter. (Ord. 1101, passed 6-21-04)
DIVISION 3: PERMIT CONDITIONS; NEWSRACK REGULATIONS
§ 16.33.180 § 16.68.180 PERMIT CONDITIONS.
Permits issued pursuant to this chapter have the following general conditions:
(A) (A) Permittees must maintain a valid business license issued pursuant to this code; (B) (B) Permittees must pay all fees required by this chapter. (C) (C) Newsracks cannot unreasonably:
(1) (1) Interfere with or impede the flow of pedestrian or vehicular traffic. (2) (2) Interfere with or impede ingress or egress from any residence or place of business located adjacent to a public right-of-way.
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(3) (3) Interfere with any public utility facility located within the public right-ofway or in close proximity thereto. (D) (D) Except as otherwise provided, newsracks must be placed within the public rightof-way. (E) (E) Permittees must enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from a permittee'spermittee’s activities in a form approved by the City Attorney'sAttorney’s office. (F) (F) Permits are not transferable to another person or to another location. (G) (G) The name, address, and telephone number of the permittee must be permanently affixed to newsracks.
(H) (H) Each newsrack must have affixed to it in a readily visible place a notice setting forth the name and address of the person responsible for maintaining the newsrack and a working telephone number to call to report a malfunction, or to obtain a refund in the event of a malfunction of the coin-return mechanism.
(I) (I) Each newsrack must be maintained in accordance with this Code. (Ord. 1101, passed 6-21-04)
§ 16.33.190 § 16.68.190 INSTALLATION REQUIREMENTS.
Each newsrack must comply with each of the following requirements:
(A) (A) Size. No newsrack may exceed five feet in height, 30 inches in width, or two feet in depth.
(B) (B) Placement. Newsracks may only be placed in a public right-of-way near a curb or adjacent to a wall of a building. The rear of newsracks placed near a curb must be placed not less than 18 inches nor more than 24 inches from the face of the curb. The rear of newsracks placed parallel to a wall or building must be placed not more than six inches from the wall or building. No newsrack may be placed or maintained in a public right-of-way opposite one or more newsracks. (C) (C) Groups of newsracks. Newsracks may be placed next to each other, provided that no group of newsracks must extend more than ten feet six inches along a curb or wall and a space of no more or less than three feet must separate each group of newsracks from another group of newsracks. There may be no more than three of the above described groups of newsracks located on a public right-of-way within a block.
(D) (D) Anchoring. Each newsrack must be securely anchored to the ground or sidewalk. (E) (E) Each newsrack that require patrons to pay for a newspaper must be equipped with a working coin-return mechanism to permit a person using the machine to obtain an immediate refund in the event a person is unable to receive the publication paid for. The coin-return mechanisms must be maintained in good working order.
(Ord. 1101, passed 6-21-04)
§ 16.33.200 § 16.68.200 PROHIBITED AREAS.
Notwithstanding any other provision of this chapter, no newsrack may be placed, installed, used or maintained as follows:
(A) (A) Within one foot of any area improved with lawn, flowers, shrubs or trees; (B) (B) Within three feet of:
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(1) (1) The entrance or exit to any building;
(2) (2) Any display window in any building abutting a sidewalk or public rightof-way. No newsrack may be located directly in front of any display window of any building abutting a public right- of-way without the written consent of the person or entity legally in occupancy or otherwise in control of the premises on which the display window is located. Proof of such consent must be included in the permit application. If such consent is withdrawn, any newsrack placed in front of a display window must be removed within 14 days of the date of written notice from the city to the owner of such newsrack. (C) (C) Within five feet of:
(1) (1) Any marked crosswalk;
(2) (2) The curb return of any intersecting public streets; (3) (3) Any fire hydrant, fire call box, police call box or any other emergency facility;
(4) (4) Any designated bus stop area or any sign marking a designated bus stop;
(5) (5) Bus bench; or
(6) (6) Any curb painted blue, pursuant to the provisions of Cal. Veh. Code § 21458;
(D) (D) Within ten feet of any driveway;
(E) (E) In any location whereby the clear passage on a sidewalk for pedestrian traffic is reduced to less than five feet;
(F) (F) Within any public street;
(G) (G) Within 100 feet of a newsrack containing the same edition of the same publication, except where bulk of a particular edition is such that more than one rack is required, in which case said newsracks must be placed side-by-side;
(H) (H) Within 300 feet of a uniform newsrack location, except for any period, not to exceed 30 days, during which a uniform newsrack permit has been granted at the location but the applicant has been unable to obtain a uniform newsrack; (I) (I) Chained or otherwise attached to any fixture. All newsracks must be permanently affixed to the pavement or otherwise anchored to a concrete base. Newsracks anchored to concrete bases must have a minimum weight of 100 pounds empty. Uniform newsracks which have been established and permitted pursuant to this chapter may be permanently affixed to the pavement or authorized support structures as established by City Council resolution. (J) (J) Be used for advertising, selling or storing material other than that dealing with the display, sale or purchase of the publication sold therein. (K) (K) No newsrack may remain empty for a period of 30 consecutive days. (Ord. 1101, passed 6-21-04)
§ 16.33.210 § 16.68.210 MAINTENANCE.
Each newsrack must be maintained in a clean and attractive condition and in good repair at all times, and no issue or edition of any publication may be allowed to remain in any such newsrack for a period exceeding the publication period of the material offered for sale therein or 30 consecutive calendar days after the date of the initial issuance or publication of such material, whichever is lesser. Specifically, but without limiting the generality of the foregoing, each newsrack must be reasonably free of dirt and grease; 493
be reasonably free of chipped, faded, peeling and cracked paint; be reasonably free of rust and corrosion; have no broken cracked, dented, blemished or discolored plastic or glass parts; have no torn, peeling or fading paper or cardboard parts or inserts; and have no broken or misshapen structural parts. (Ord. 1101, passed 6-21-04)
§ 16.33.220 § 16.68.220 HARMFUL MATTER.
Pursuant to Cal. Penal Code § 313.1(d), any harmful matter displayed in a public place from which minors are not excluded must be concealed with blinder racks, so that the lower two-thirds of the material is not exposed to view.
(Ord. 1101, passed 6-21-04)
DIVISION 4: APPEALS
§ 16.33.230 § 16.68.230 RIGHT OF ADMINISTRATIVE REVIEW.
Except as otherwise provided, an applicant may request administrative review of the administrator'sadministrator’s decisions pursuant to this chapter including, without limitation, decisions regarding permit denial.
(Ord. 1101, passed 6-21-04)
§ 16.33.240 § 16.68.240 TIME FOR ADMINISTRATIVE REVIEW. (A) (A) Except as otherwise provided, a request for review must be commenced within five days from the date on which written notice of the administrator'sadministrator’s decision is served on the applicant/permittee.
(B) (B) If a request is untimely, the administrator may, nevertheless, extend the time for commencing such review for good cause shown, but in no event may a request be filed more than 30 days after notice was served.
(Ord. 1101, passed 6-21-04)
§ 16.33.250 § 16.68.250 COMMENCEMENT OF ADMINISTRATIVE REVIEW. (A) (A) A request for administrative review must be on a form provided by the administrator and contain the following information:
(1) (1) The name, address and telephone number of the person making the request;
(2) (2) A description of the decision, determination or order which is the subject of the review, and the date such decision, determination or order was made or issued; (3) (3) A brief description of all grounds for making the request; and (4) (4) Such other information as may be required by the administrator. (B) (B) A request for administrative review must be accompanied by a fee in an amount determined by City Council resolution.
(Ord. 1101, passed 6-21-04)
§ 16.33.260 § 16.68.260 ADMINISTRATIVE REVIEW.
(A) (A) Upon request for administrative review being filed, the administrator will provide a copy of the notice to the City Manager within two business days. 494
(B) (B) Upon receiving a request for review from the administrator, the City Manager will review the request and, within ten business days of receiving the request notice, provide the appellant with a written notification that:
(1) (1) The administrator'sadministrator’s decision is affirmed; (2) (2) The administrator'sadministrator’s decision is modified; (3) (3) The administrator'sadministrator’s decision is reversed and a permit is issued. Under such circumstances, the fee collected for an appeal must be returned to the permittee within 30 days of the City Manager'sManager’s decision. (C) (C) The City Manager may, but is not required to, conduct a hearing at a time and place determined at the City Manager'sManager’s sole discretion. In the event of a hearing, the rules of evidence will not apply. The City Manager may consider such evidence as the City Manager may deem reliable. The City Manager may adopt such additional reasonable rules of procedure that may facilitate the progression of such a hearing.
(Ord. 1101, passed 6-21-04)
§ 16.33.270 § 16.68.270 CITY MANAGER DECISION FINAL.
The City Manager'sManager’s decision is final. There is no right to appeal a decision to the City Council. Any court challenge must be filed within 90 calendar days of the City Manager'sManager’s decision in accordance with Cal. Civ. Proc. Code § 1094.6. (Ord. 1101, passed 6-21-04)
DIVISION 5: ENFORCEMENT
§ 16.33.280 § 16.68.280 MINOR VIOLATIONS.
In the case of minor violations of this chapter that can be corrected at the site, any city employee, as an alternative to removing the newsrack, is authorized to correct the violation summarily. The permittee will bear the cost of any such correction.
(Ord. 1101, passed 6-21-04)
§ 16.33.290 § 16.68.290 NOTICE OF HEARING FOR NEWSRACK REMOVAL. (A) (A) Upon discovering a newsrack that lacks a permit or otherwise violates this chapter, the administrator may take action to remove such a newsrack in accordance with this chapter. (B) (B) To initiate proceedings for removing newsracks, the administrator will cause written notice to be mailed and conspicuously posted on the newsrack. Notice must be titled in letters at least one inch in height and read substantially as follows:
Removal Hearing Notice
On On_________, 20 20__, the City of Santa Paula will determine whether this Newsrack should be removed in accordance with the Santa Paula Municipal Code ("“SPMC"”). If the Newsrack is found to violate the SPMC and is not promptly removed by the owner, then the City may remove it and impound it at the owner'sowner’s expense. If the City removes the Newsrack, all costs associated with such removal, impoundment, and storage, must be paid by the owner before the Newsrack is returned. The alleged violations consist of the following:
____________________________________________________________________________________ All persons having any objection to, or interest in, said matters should attend a hearing to be conducted by the City, to be held at on , at_________on
495
___________, _________at the hour of of__________.m., when their testimony and evidence will be heard and given due consideration.
Dated:
______________________
Administrator
(C) (C) Mailing/posting. Notice of the hearing will be served by posting the newsrack and by registered or certified mail (postage fully prepaid) addressed to the newsrack owner. The notice must be posted on the newsrack and mailed at least ten days before the hearing date. Proof of posting and mailing will be by declaration. Failure of any person to receive the notice will not affect the validity of any set forth in this chapter.
(D) (D) The administrator is not required to wait ten days to proceed if the intent to permanently abandon or vacate a newsrack or uniform newsrack location is confirmed in writing by the owner of such newsrack.
(Ord. 1101, passed 6-21-04)
§ 16.33.300 § 16.68.300 HEARING PROCEDURE.
(A) (A) The hearing must be conducted by a hearing officer selected by the administrator. At the time set for such hearing, the hearing officer will conduct a hearing to determine, based upon the evidence presented, whether the newsrack violates this chapter. At the hearing, the hearing officer will accept reliable evidence from any person if such evidence bears on the issue of whether the newsrack violates this chapter. The hearing officer is authorized to take testimony and is authorized to administer oaths or affirmations under the Cal. Civ. Proc. Code § 2093(a). Based upon the evidence submitted including, without limitation, any written staff reports regarding alleged violations, the hearing officer will determine whether or not the newsrack violates this chapter and should be removed. (B) (B) As soon as is practicable following the close of such hearing, the hearing officer will render a decision on the matter. If the newsrack is found to violate this chapter, the hearing officer will issue an order requiring the newsrack to be removed within a reasonable time and manner as set forth in the order. The hearing officer will promptly give written notice to the responsible person and any other interested person who requests, in writing, notice of such decision, including a copy of the order. The order issued by the hearing officer will be deemed a final order and may be judicially reviewed pursuant to Cal. Civ. Proc. Code § 1094.6. There is no right to a City Council appeal. (Ord. 1101, passed 6-21-04)
§ 16.33.310 § 16.68.310 COMPLIANCE WITH REMOVAL ORDER.
At no cost to the city, the newsrack will comply with all of the provisions of a removal order. If the newsrack owner fails, for any reason, to comply with a removal order within the time required in the order, the administrator will cause the newsrack to be removed and impounded by city forces or by private contractor.
(Ord. 1101, passed 6-21-04)
§ 16.33.320 § 16.68.320 RECOVERING CITY EXPENSES.
The administrator will keep an account of the costs, including incidental expenses, of removing, impounding, and storing such newsracks. Newsrack owners must pay the city all reasonable costs associated with the noticing, removal, and storage of the newsrack before regaining possession of such newsracks.
(Ord. 1101, passed 6-21-04)
§ 16.33.330 § 16.68.330 EMERGENCY REMOVAL.
496
Notwithstanding any other provision of this chapter, whenever the administrator determines that a newsrack constitutes an immediate threat or hazard or danger to persons or property, the administrator, without observing procedures set forth in this chapter with reference to newsrack removals, will immediately cause such a newsrack to be removed in such manner as the administrator determines is reasonably required. If the administrator deems it feasible, the administrator may attempt to give the newsrack owner verbal notice of the danger and the proposed timing and removal of the newsrack.
Where such removal is ordered, the administrator will, after completing the removal of the newsrack, comply with the provisions of this chapter.
(Ord. 1101, passed 6-21-04)
§ 16.33.340 § 16.68.340 ABANDONMENT; DISPOSAL.
The owner of any impounded newsrack who fails to obtain the release of the newsrack within 30 days after impoundment, is deemed to have abandoned the newsrack, and the newsrack may be disposed of by the administrator in the time and manner prescribed by law, for the disposal of abandoned personal property.
(Ord. 1101, passed 6-21-04)
§ 16.33.350 § 16.68.350 ENFORCEMENT.
(A) (A) In addition to the remedies set forth in this chapter, violations of a permit may be enforced as follows:
(1) (1) Prosecution as infractions or misdemeanors at the City Attorney'sAttorney’s discretion;
(2) (2) Abated as a public nuisance; or
(3) (3) Enjoined as unfair business practices that are presumed to nominally damage each and every resident of the community in which the permittee operates. (B) (B) The remedies provided by this chapter are cumulative and in addition to any other criminal or civil remedies.
(Ord. 1101, passed 6-21-04)
§ 16.33.360 § 16.68.360 LIABILITY FOR FINES.
All fines, fees, penalties, and interest imposed pursuant to this chapter are civil debts owed to the city by the person fined. In the event that judicial action is necessary to compel payment of any debt owed to the city, the person or persons subject to the fine are also liable for the costs of suit and attorney'sattorney’s fees incurred by the city to collect the fine. (Ord. 1101, passed 6-21-04)
DIVISION 6: PREEXISTING NEWSRACKS
§ 16.33.370 § 16.68.370 EXISTING NEWSRACKS.
(A) (A) Any person who owns or is entitled to possession of any newsrack located within a public right-of-way upon the effective date of this chapter must either remove the newsrack or obtain a permit pursuant to this chapter within one calendar year after the effective date of this chapter. (B) (B) If any such newsrack remains in place without a permit after this time period, the administrator may begin removal proceedings as provided in this chapter. (C) (C) If the newsrack owner does not comply with the administrator'sadministrator’s notice of removal, or does not appeal it, within the time set in such notice, the administrator may remove 497
and impound the newsrack. The owner or other persons entitled to possession of the newsrack may obtain possession of such impounded newsrack in the time and manner set forth in this chapter. (Ord. 1101, passed 6-21-04)
CHAPTER 16.34:CHAPTER 16.70: RECYCLING FACILITIES
Section
16.70.010 16.34.010 Permits required
16.70.020 16.34.020 Permits for multiple sites
16.70.030 16.34.030 Criteria and standards – Small collection facilities
16.70.040 16.34.040 Criteria and standards – Reverse vending machines
16.70.050 16.34.050 Criteria and standards – Large collection facilities
16.70.060 16.34.060 Criteria and standards – Processing facilities § 16.34.010 § 16.70.010 PERMITS REQUIRED.
Recycling facilities as defined in § 16.05.19016.04.190 of this Title 16 must obtain permits for operation as set forth in Table 70-1 and as subject to the land use regulations for specific zone districts set forth in Chapters 16.0716.05 through 16.3316.20 (Zoning Districts, Land Use Regulations and Development Standards) of this Title 16.
TABLE 34-1
Permits for Recycling Facilities
Type of Facility Permit Required
Reverse Vending Machines Design Review, unless within a fully enclosed building, whereby no permit is required
Collection Facility - Small Design Review
Collection Facility - Large Conditional Use Permit
Processing Facility - Light Conditional Use Permit
Processing Facility - Heavy Conditional Use Permit
TABLE 70-1
Permits for Recycling Facilities
Type of Facility
Permit Required
Reverse Vending Machines
Design Review, unless within a fully enclosed building, whereby no permit is required Collection Facility - Small
Design Review
Collection Facility - Large
498
Conditional Use Permit
Processing Facility - Light
Conditional Use Permit
Processing Facility - Heavy
Conditional Use Permit
(Ord. 1100, passed 7-6-04)
§ 16.34.020 § 16.70.020 PERMITS FOR MULTIPLE SITES.
A single Design Review application may be filed to allow more than one reverse vending machine(s) and/or small collection facility located on different sites under the following condition:
(A) (A) The operator of each of the proposed facilities is the same; (B) (B) The proposed facilities are determined by the Planning Director to be similar in nature, size, and intensity of activity; and
(C) (C) All applicable criteria and standards set forth in §§ 16.70.030 and
16.70.04016.34.030 and 16.34.040 below are met for each proposed facility. (Ord. 1100, passed 7-6-04)
§ 16.34.030 § 16.70.030 CRITERIA AND STANDARDS - SMALL COLLECTION FACILITIES.
Small collection facilities must comply with the following conditions:
(A) (A) All such facilities must be established in conjunction with an existing commercial use or community service facility that is in compliance with the zoning, building and fire codes of the city. (B) (B) All such facilities must be no larger than 500 square feet and provide no more than five parking spaces, not including any space that will be periodically needed for removal of materials or exchange of containers.
(C) (C) All such facilities must be set back at least ten feet from any street line and must not obstruct pedestrian or vehicular circulation.
(D) (D) All such facilities must accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the city. (E) (E) No power-driven processing equipment may be used except by reverse vending machines.
(F) (F) All such facilities must use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected and collection schedule.
(G) (G) All recyclable materials must be stored in containers or in the mobile unit vehicle.
No materials may be left outside of containers when the attendant is not present. (H) (H) All such facilities must be maintained free of litter and any other undesirable materials. Mobile facilities, at which truck or containers are removed at the end of each collection day, must be swept at the end of each collection day.
499
(I) (I) Attended facilities located within 100 feet of a property zoned or occupied for residential use may operate only between the hours of 9:00 a.m. and 7:00 p.m. (J) (J) Containers for the 24-hour donation of materials must be at least 30 feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use. (K) (K) Containers must be clearly marked to identify the type of material that may be deposited.
(L) (L) The facility must be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that material must not be left outside the recycling enclosure or containers.
(M) (M) Mobile recycling units must have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present. (N) (N) If the permit expires without renewal, the collection facility must be removed from the site on the day following permit expiration.
(Ord. 1100, passed 7-6-04)
§ 16.34.040 § 16.70.040 CRITERIA AND STANDARDS - REVERSE VENDING MACHINES.
Reverse vending machine(s) must comply with the following standards:
(A) (A) Reverse vending machines must be established in conjunction with a commercial use or community service facility that is in compliance with the zoning, building and fire codes of the city. (B) (B) Reverse vending machines must be located within 30 feet of the entrance to the commercial structure and must not obstruct pedestrian or vehicular circulation. (C) (C) Reverse vending machines must not occupy parking spaces required for the primary use.
(D) (D) Reverse vending machines must not occupy more than 50 square feet of floor space per installation, including any protective enclosure, and must be not more than 8 feet in height. (E) (E) Reverse vending machines must be constructed and maintained with durable waterproof and rustproof material.
(F) (F) Reverse vending machines must be clearly marked to identify the type of material to be deposited, operating instruction, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
(G) (G) Reverse vending machines must accept only glass, metals, plastic containers, papers or reusable items.
(H) (H) Reverse vending machines will be permitted to have up to four square feet of sign area per machine, exclusive of operating instructions.
(I) (I) All reverse vending machines must be maintained in a clean, litter-free condition on a daily basis.
(J) (J) Operating hours must be at least the operating hours of the host use. (K) (K) Reverse vending machines must be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn. (Ord. 1100, passed 7-6-04)
§ 16.34.050 § 16.70.050 CRITERIA AND STANDARDS - LARGE COLLECTION FACILITIES. 500
All large collection facilities must comply with the following standards:
(A) (A) The facility must be screened from the public right-of-way by operating in an enclosed building or:
(1) (1) Within an area enclosed by an opaque fence at least six feet high with landscaping to the satisfaction of the Planning Director; (2) (2) At least 150 feet from property zoned or planned for residential use; and (3) (3) Meets all applicable noise standards in this Title 16. (B) (B) Setbacks and landscape requirements will be those provided for the zoning district in which the facility is located.
(C) (C) All exterior storage of material must be in sturdy containers that are covered, secured, and maintained in good condition or baled or palletized. Storage containers for flammable material must be constructed of nonflammable material. Oil storage must be in containers approved by the Fire Marshal. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
(D) (D) The site must be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.
(E) (E) If the facility is located within 500 feet of property zoned, planned, or occupied for residential use, it must not be in operation between the hours of 7:00 p.m. and 7:00 a.m. (F) (F) Any container provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use, must be of sturdy, rustproof construction, must have sufficient capacity to accommodate materials collected, and must be secure from unauthorized entry or removal of materials.
(G) (G) Donation areas will be kept free of litter and any other undesirable material, and the containers will be clearly marked to identify the type of material that may be deposited. The facility must display a notice stating that material must not be left outside the recycling containers. (H) (H) Facility will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the Planning Director, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way.
(I) (I) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through the Conditional Use Permit process. (Ord. 1100, passed 7-6-04)
§ 16.34.060 § 16.70.060 CRITERIA AND STANDARDS - PROCESSING FACILITIES.
Processing facilities must comply with the following conditions:
(A) (A) Processors must be operated only within a wholly enclosed building except for incidental storage.
(B) (B) Power-driven processing will be permitted, provided all noise level requirements are met.
(C) (C) A processing facility may accept used motor oil for recycling from the generator in accordance with Cal. Health & Safety Code § 25250.11.
501
(D) (D) Setbacks and landscaping requirements will be those provided for the zoning district in which the facility is located.
(E) (E) All exterior storage of material must be in sturdy containers or enclosures that are covered, secured, and maintained in good condition, baled or palletized. Storage must be in containers approved by the Fire Marshal. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.
(F) (F) The site must be maintained free of litter and any other undesirable materials, will be cleaned of loose debris on a daily basis, and will be secured from unauthorized entry and removal of materials when attendants are not present.
(G) (G) One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located.
(H) (H) If the facility is located within 500 feet of property zoned or planned for residential use, the facility must not be in operation between the hours of 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open. (I) (I) Any containers provided for after-hours donation of recyclable materials will be at least 50 feet from any property zoned or occupied for residential use; must be of sturdy, rustproof construction; must have sufficient capacity to accommodate materials collected; and must be secure from unauthorized entry or removal of materials.
(J) (J) Donation areas must be kept free of litter and any other undesirable material. The containers must be clearly marked to identify the type of material that may be deposited. The facility must display a notice stating that material must not be left outside the recycling containers. (K) (K) Sign requirements will be those provided for the zoning district in which the facility is located. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.
(L) (L) Dust, fumes, smoke, vibration, and odor control must comply with the requirements of Chapter 16.4216.21 (Performance Standards) of this Title 16. (Ord. 1100, passed 7-6-04)
CHAPTER 16.35:CHAPTER 16.72: SERVICE STATIONS
Section
16.72.010 16.35.010 Purpose and intent
16.72.020 Conditional16.35.020 Condition Use Permit applicability and requirements
16.72.030 16.35.030 Permitted uses, activities, and services
16.72.040 16.35.040 Location
16.72.050 16.35.050 Development standards
16.72.060 16.35.060 Signage
16.72.070 16.35.070 Conflict of development standard provisions § 16.35.010 § 16.72.010 PURPOSE AND INTENT.
502
These regulations are established to promote and preserve the public health, safety, convenience, and general welfare by ensuring that automobile service stations are located and operated so as not to create increased pedestrian and vehicular traffic hazards and not be detrimental to the ordinary maintenance, development, and redevelopment of the surrounding area. (Ord. 1100, passed 7-6-04)
§ 16.35.020 § 16.72.020 CONDITIONAL USE PERMIT APPLICABILITY AND REQUIREMENTS. (A) (A) A Conditional Use Permit will be required for automobile service stations under the following conditions:
(1) (1) Construction of new service stations.
(2) (2) Reopening of a service station that has been vacant for a period of at least six months.
(3) (3) Renovation, alteration or additions to existing service stations when such change exceeds 50% of the value of the existing building or structure as officially established by the latest records of the County Assessor of the County;
(B) (B) Service stations on properties annexed to the city which do not comply with permitted activity and services, or the requirement regarding trash enclosure, storage space and landscaping, will be considered nonconforming and subject to nonconforming provisions as set forth in Chapters 16.11016.53 through 16.11816.53 (Nonconformities) of this Title 16. (C) (C) All new, reopened, renovated, or annexed service stations, or those requesting any substantial change in services rendered, will be required to meet all of the requirements of this chapter unless this chapter specifically states that the Planning Commission may modify that particular requirement.
(Ord. 1100, passed 7-6-04)
§ 16.35.030 § 16.72.030 PERMITTED USES, ACTIVITIES, AND SERVICES.
In addition to the sale of motor fuels, activities and services will be permitted, limited or precluded as set forth in this section.
(A) (A) Rental of vehicles.
(1) (1) The rental of automobiles, trucks, trailers, and similar vehicles may be permitted, provided the site contains adequate space for display and/or parking and further provided such rentals are displayed and/or parked in only an area so designated as part of the conditional use permit. (2) (2) Unless expressly stated otherwise as part of the conditional use permit, displaying and/or parking of rentals must not occur within 20 feet of any street frontage property line. (B) (B) Storage and display of merchandise.
(1) (1) All new and used merchandise must be stored and displayed only within the service station building, except new and reconditioned tires, batteries, accessories, and lubrication items which are maintained in movable or enclosed cabinets or racks designed for the display and sale of said merchandise may be displayed outside.
(2) (2) The location of enclosed cabinets and racks must be designated on the conditional use permit.
(3) (3) Products which render an express convenience of service to the customer, such as pump island racks containing oil cans and additives, may be displayed under the pump 503
island canopy when maintained in a cabinet or display rack. Such cabinets or racks must not obstruct vehicular access to the pump island.
(C) (C) Body work, tire recapping and rental of heavy equipment prohibited. All painting, welding, body and fender repair, tire recapping and the rental of other heavy equipment and the sale and rental of other merchandise, other than that specified in this division, is expressly prohibited. (D) (D) Vending machines. Vending machines will be permitted only per the standards set forth in Chapter 16.7416.36 of this Title 16.
(E) (E) Temporary promotions.
(1) (1) The sale and storage of merchandise not customarily related to the operation and maintenance of motor vehicles will be permitted with a Temporary Use Permit and subject to the requirements set forth in Chapter 16.228 (Temporary Use Permits) of this Title 16. (2) (2) Subparagraph (1) above does not apply to items which are provided free or at a reduced price to the customers with purchase of products from the service station. (F) (F) Public telephones. Public telephones are permitted, provided they will not be within 20 feet of any street frontage property line and are located to be visible from the public right-of-way and accessible on a 24-hour basis.
(G) (G) Restriction on merchandise sale and rental. The sales and rental of any type of merchandise not related to the motoring public is prohibited. (H) (H) Tow truck and service vehicles. Tow trucks and similar service vehicles may be allowed if approved as part of the conditional use permit. Such vehicles must be parked only in an area expressly provided and approved as part of the conditional use permit. (I) (I) Use as commercial parking lot. The use of a service station as a commercial parking lot is prohibited, unless expressly approved as part of the conditional use permit. (J) (J) Storage and trash.
(1) (1) Storage and trash must be kept only in areas approved as part of the conditional use permit, and must not be placed higher than the walls enclosing such areas. (2) (2) Trash may be collected in containers at the pump islands or inside buildings and service bays.
(K) (K) Hours of operation. Hours of operation may be designated as part of the conditional use permit if exceptional circumstances exist, such as proximity to residential zones. (L) (L) Removal, overhaul and replacement of engines.
(1) (1) The removal, overhaul, and replacement of motors, differentials, and transmissions is permitted, provided these activities occur within a completely enclosed building and on vehicles with a rated capacity not to exceed 1-1/2 tons. (2) (2) These activities will constitute only an accessory and incidental use of the service station operation and must not create obnoxious odors, smoke, noise, vibration, or otherwise create a nuisance.
(M) (M) Recreational vehicle dumping stations. Recreational vehicle dumping stations are permitted, subject to applicable requirements of the Ventura County Health Department. (N) (N) Enclosure of used or discarded automobile parts. No used or discarded automotive parts or equipment or permanently disabled, junk or wrecked vehicles may be located outside the service station building, except within an enclosed trash storage area screened from public view. 504
(Ord. 1100, passed 7-6-04)
§ 16.35.040 § 16.72.040 LOCATION.
Automobile service stations must be located only at intersections of streets and highways designated on the city'scity’s adopted circulation element of the general plan or in commercial shopping centers, as follows:
(A) (A) Arterial having a right-of-way width of 100 feet. (B) (B) Collector streets having a right-of-way width of 80 or 84 feet. (C) (C) Properties fronting on a primary thoroughfare and siding on a freeway right-ofway. (D) (D) Within commercial developments with a land area of 2 acres or more under one ownership.
(Ord. 1100, passed 7-6-04)
§ 16.35.050 § 16.72.050 DEVELOPMENT STANDARDS.
(A) (A) Design. The architectural design of service station developments must be compatible with the character of development of the area in which it is to be located. However, innovative architectural design and site layout which would contribute to the efficiency and appearance of the station and minimize adverse effects on adjacent property is encouraged. (B) (B) Site size.
(1) (1) The minimum area of a corner site must be 22,500 square feet, with a minimum frontage of 150 feet on one street.
(2) (2) When a service station on a corner site is developed as a part of a commercial shopping center on a development site greater than two acres in size, the service station site may be reduced to 15,000 square feet, provided the additional required area is provided within the mutual parking and access areas.
(C) (C) Access.
(1) (1) Two driveways on each street frontage may be permitted with the approval of the City Engineer. Access driveways must be no closer than 35 feet from the point of intersection of the ultimate right-of-way lines of the adjoining streets, but in no case closer than five feet to the point of curb return. Such driveways must be at least 25 feet apart and they may be no closer than five feet to the side property line.
(2) (2) Where a service station is part of a commercial development site, a combined driveway for both the service station and adjacent shopping center or commercial property must be designated and provided.
(D) (D) Lot grading and drainage. Grading of service station sites must provide a minimum rise, in order to insure required fall for drainage, and must be engineered in a compatible manner with the surrounding properties. All drainage to the street must be by underground structures to avoid drainage across city sidewalks or drive aprons, and will be subject to the approval of the Public Works Director.
(E) (E) Setbacks. Notwithstanding the setback requirements for the zone district in which the service station is located, all buildings must be set back from interior and street frontage property lines a minimum of 30 feet. Pump islands parallel to the adjacent street must be set back a minimum of 20 feet from all property lines. Pump islands perpendicular to the adjacent street must be set back a minimum of 24 feet from all property lines.
505
(F) (F) Canopy structure.
(1) (1) Every pump island must be covered by a canopy structure designed and constructed of material to blend with the main building. (2) (2) Where design permits, the pump island canopy structure must be attached to and made an integral part of the main building structure. (3) (3) Canopies must be a minimum of 10 feet from any street frontage property line.
(G) (G) Storage area. Each service station must have a storage area. The required storage area may be constructed outside of the main building, provided that it is enclosed by a six-foot high solid masonry wall with a view-obscuring gate made of a durable metal material, and is roofed and contiguous to the main building, unless approved otherwise as a part of the conditional use permit. (H) (H) Trash enclosure.
(1) (1) Each service station must have at least one trash enclosure constructed to the standards described in § 16.40.11016.20.110 (Solid Waste/Recycling Receptacles and Enclosures) of this Title 16.
(2) (2) No trash, including discarded oil cans, batteries, signs, tires, and the like, must be stored or deposited on any section of the site, except in the trash area. (I) (I) Restrooms.
(1) (1) All service stations must contain restroom facilities for use by employees and patrons.
(2) (2) All restroom entrances must be situated either to the side, to the rear, or within the main building.
(3) (3) The restroom area may be situated in a location other than above if approved by the Planning Commission as part of the Conditional Use Permit. (J) (J) Perimeter walls.
(1) (1) Whenever a service station abuts property in a residential zone, a solid masonry wall not less than six feet high must be constructed along the property line abutting the residential zone. However, front yard walls must not exceed 3.5 feet in height. The wall must be constructed in accordance with wall standards outlined in Chapter 16.4416.10 (Fences, Walls and Hedges) of this Title 16. A wall need not be installed when building walls or other acceptable walls already exist on such property lines, or if the service station is part of a shopping center development.
The wall requirements may be modified as part of the conditional use permit. (2) (2) A wall constructed on the interior property lines must make provisions for tree wells or landscaped planting areas not less than 16 square feet in area. When included as part of the wall design, the wells or planting should be spaced not less than eight feet nor more than 16 feet apart. Continuous planters or planters of uneven length may satisfy this requirement if they are at least one-third of the length of the wall, and include trees planted not more than 16 feet apart. (K) (K) Landscaping.
(1) (1) Notwithstanding the landscaping requirements for the zone district in which the service station is located, at least 10% of the site must be landscaped with live plant materials.
Planting areas must include but are not limited to the following:
(a) (a) All landscaped planters must be enclosed with a masonry curb not less than six inches high above the finished grade of the site. 506
(b) (b) A minimum five-foot-wide (inside dimension) raised planter, with a six-inch curb face made of concrete, brick or other masonry materials, must be provided along all street property lines between street access points for purpose of separating pump islands from the sidewalk. Landscaped planters may be rounded at driveway entrances utilizing a minimum ten-foot radius.
(c) (c) A minimum of 150 square feet of raised planter with curb, minimum six inches in height, must be provided at the street frontage of the intersecting corner of the site, from curb cut to curb cut.
(d) (d) All planting other than trees must be so maintained so as not to exceed a height greater than 30 inches, must not be thorny or spiked, and must not extend over the sidewalk or public right-of-way.
(e) (e) Trees of minimum size 15 gallons must be placed in the parkway area (between curb face and back of sidewalk) with spacing and variety of trees to be determined by the Planning and Building Directors.
(f) (f) Except for common traffic movement drives, service stations within shopping centers must be delineated from the remainder of the property by a landscaped buffer with minimum inside dimensions of four feet enclosed by a six-inch curb made of concrete, brick or other masonry material. Common and integrated traffic movement drives between the service station and the remainder of the property will be encouraged.
(g) (g) All planting areas must be provided with a permanent irrigation system of a design suitable for the type and arrangement of the plant material selected. (2) (2) All planted areas must be maintained so as not to constitute a health or fire hazard.
(Ord. 1100, passed 7-6-04)
§ 16.35.060 § 16.72.060 SIGNAGE.
(A) (A) All service stations are subject to the sign regulations of Chapter 16.4816.24 (Signs) of this Title 16.
(B) (B) If additional signs are proposed or if modifications to the sign regulations are necessary or desirable for the service station, they may be requested and considered concurrently with the conditional use permit for the service station.
(C) (C) Signs requested at a later date must be considered as modifications to the conditional use permit.
(Ord. 1100, passed 7-6-04)
§ 16.35.070 § 16.72.070 CONFLICT OF DEVELOPMENT STANDARD PROVISIONS.
In the event of conflicting provisions between these development standards and any development standards required by the zone district where development will occur, the development standards required by this chapter will take precedence.
(Ord. 1100, passed 7-6-04)
CHAPTER 16.36:CHAPTER 16.74: VENDING MACHINES
Section
16.74.010 16.36.010 Permit requiredRequired Deleted: Conditional Use 507
16.74.020 16.36.020 Number permitted
16.74.030 16.36.030 Restrictions on location
16.74.040 16.36.040 Other conditions
§ 16.36.010 § 16.74.010 PERMIT REQUIRED.
A permit approved by the Director will be required for the establishment of any vending machine. This requirement will not apply to any vending machine established prior to the effective date of this section, or that will be located within a completely enclosed building. Any vending machine located within a completely enclosed building which serves customers outside of that building (e.g. water stores) will require a permit approved by the Director. (Ord. 1100, passed 7-6-04) § 16.36.020 § 16.74.020 NUMBER PERMITTED.
One outdoor vending machine will be permitted for each 4,000 square feet of site area, up to a maximum of six vending machines on any one site.
(Ord. 1100, passed 7-6-04)
§ 16.36.030 § 16.74.030 RESTRICTIONS ON LOCATION.
(A) (A) Vending machines must be attached or located immediately adjacent to a building.
(B) (B) Vending machines will not be permitted to be placed on or project into any public right-of-way, nor will any vending machine be located in a manner that requires a person to be on a public right-of-way to operate the machine.
(Ord. 1100, passed 7-6-04)
§ 16.36.040 § 16.74.040 OTHER CONDITIONS.
(A) (A) No vending machine may have bright lights or garish colors, emit sounds, or have any other characteristics that distract motorists or adversely impact adjacent properties. (B) (B) Prior to the issuance of a permit for any new vending machine, the owner/operator must provide the city with evidence that they have complied with all applicable Ventura County Health Department requirements.
(Ord. 1100, passed 7-6-04)
CHAPTER 16.37:CHAPTER 16.75: PROHIBITION ON INDUSTRIAL HEMP CULTIVATION Section
16.75.010 16.37.010 Purpose
16.75.020 16.37.020 Definitions
16.75.030 16.37.030 Prohibition on industrial hemp cultivation
16.75.040 16.37.040 Administrative regulations
16.75.050 16.37.050 Violation
16.75.060 16.37.060 Penalties
16.75.070 16.37.070 Public nuisance
Deleted: CONDITIONAL USE
Deleted: A Conditional Use Permit, obtained pursuant
to the requirements of Chapter 16.21816.63 of this Title 16,
Deleted: conditional use
508
§ 16.37.010 § 16.75.010 PURPOSE.
The purpose of this chapter is to expressly prohibit the establishment of industrial hemp cultivation in the city. The City Council finds that a prohibition on industrial hemp is necessary for the preservation and protection of the public health, safety, and welfare of the city and its residents. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety, and welfare of the city and its residents. Nothing in this chapter shall be interpreted to conflict with state law. (Ord. 1296, passed 5-20-20)
§ 16.37.020 § 16.75.020 DEFINITIONS.
CITY MANAGER - Means the City Manager or designee.
CULTIVATION - Means the planting, growing, harvesting, drying, curing, grading, or trimming of industrial hemp.
INDUSTRIAL HEMP - Means a fiber or oilseed crop, or both, that is limited to types of the plant Cannabis sativa L. having no more than 0.3% tetrahydrocannabinol ("“THC"”) contained in the dried flowering tops, whether growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin produced therefrom.
(Ord. 1296, passed 5-20-20)
§ 16.37.030 § 16.75.030 PROHIBITIONS ON INDUSTRIAL HEMP CULTIVATION.
Industrial hemp cultivation is prohibited in all zones within the city. No person nor entity may establish or operate an industrial hemp cultivation facility within city limits. A property owner may not allow his or her property to be used by any person or entity for industrial hemp cultivation. (Ord. 1296, passed 5-20-20)
§ 16.37.040 § 16.75.040 ADMINISTRATIVE REGULATIONS.
The City Manager is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter.
(Ord. 1296, passed 5-20-20)
§ 16.37.050 § 16.75.050 VIOLATION.
Any person who violates any provision of this chapter is guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and may be penalized accordingly.
(Ord. 1296, passed 5-20-20)
§ 16.37.060 § 16.75.060 PENALTIES.
In addition to any other remedy available under law, violations of the subchapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 14, of this code. (Ord. 1296, passed 5-20-20)
§ 16.37.070 § 16.75.070 PUBLIC NUISANCE.
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Any use or condition caused, or permitted to exist, in violation of any provisions of this chapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure § 731 or any other remedy available to the city. (Ord. 1296, passed 5-20-20)
CHAPTER 16.38:CHAPTER 16.76: YARD AND GARAGE SALES
Section
16.76.010 16.38.010 Chapter 123 of Municipal Code applies § 16.38.010 CHAPTER 123 OF MUNICIPAL CODE APPLIES
§ 16.76.010 CHAPTER 123 OF MUNICIPAL CODE APPLIES.
Chapter 123 (Sale of Personal Property) of the Santa Paula Municipal Code will govern all garage and yard sales.
(Ord. 1100, passed 7-6-04)
CHAPTER 16.39:CHAPTER 16.77: ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED
PERMITTING
Section
16.77.010 16.39.010 Purpose
16.77.020 16.39.020 Definitions
16.77.030 16.39.030 Electrical vehicle charging station requirements
16.77.040 16.39.040 Expedited permitting process
16.77.050 16.39.050 Permit application process
16.77.060 16.39.060 Permit review
§ 16.39.010 § 16.77.010 PURPOSE.
The purpose of this chapter is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Cal. Gov’t Code §§ 65850.7 and 65850.71 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Cal. Gov’t Code § 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station. (Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23) § 16.39.020 § 16.77.020 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this chapter.
A FEASIBLE METHOD TO SATISFACTORILY MITIGATE OR AVOID THE SPECIFIC, ADVERSE IMPACT includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the city on another similarly situated application in a prior successful application for a permit.
BUILDING OFFICIAL means the chief building official of the city or his or her designee. 510
ELECTRIC VEHICLE CHARGING STATION or CHARGING STATION means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the Cal.
Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.
ELECTRONIC SUBMITTAL means the utilization of one or more of the following:
(1) (1) Email;
(2) (2) The internet; or
(3) (3) Facsimile.
SPECIFIC ADVERSE IMPACT means significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (Ord. 1271, passed 9-8-17; Am. Ord. 1321, passed 1-18-23) § 16.39.030 § 16.77.030 ELECTRICAL VEHICLE CHARGING STATION REQUIREMENTS. (A) (A) The electric vehicle charging station shall meet the applicable safety and performance standards established by the Cal. Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.
(B) (B) Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code. (C) (C) Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load. (D) (D) Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer'smanufacturer’s installation instructions. Mounting of charging stations shall not adversely affect building elements. (E) Electric vehicle charging stations shall be equipped with lighting sufficient to provide visibility for users at night and maintain a safe and secure environment. Lighting shall be of a color and intensity so as to minimize shadows, glare, and impacts on neighboring properties. (Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23) § 16.39.040 § 16.77.040 EXPEDITED PERMITTING PROCESS.
Consistent with Cal. Gov’t Code § 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the "“Plug-In Electric Vehicle Infrastructure Permitting Checklist"” of the "“Zero-Emission Vehicles in California: Community Readiness Guidebook"” as published by the Governor'sGovernor’s Office of Planning and Research. The city'scity’s adopted checklist shall be published on the city'scity’s website. (Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23) § 16.39.050 § 16.77.050 PERMIT APPLICATION PROCESS.
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(A) (A) Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.
(B) (B) A permit application that satisfies the information requirements in the city'scity’s adopted checklist shall be deemed complete and be promptly processed. A completed application does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the city.
(C) (C) If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance. (D) (D) The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant. (Ord. 1271, passed 9-18-17; Am. Ord. 1321, passed 1-18-23) § 16.39.060 § 16.77.060 PERMIT REVIEW.
(A) (A) The Building Official shall review all electric vehicle charging station applications.
Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations. (B) (B) If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the city may require the applicant to apply for a conditional use permit. The Building Official'sOfficial’s decision may be appealed by the applicant to the Planning Commission. (C) (C) An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission'sCommission’s decision may be appealed by the applicant to the City Council pursuant to § 16.110.21016.53.210. (D) (D) In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Cal. Civil Code § 4080. (E) (E) Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the city adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Cal. Gov’t Code § 65850.7, as may be amended, approve the application and issue all necessary permits. (F) (F) An application to install an electric vehicle charging station submitted to the building official of the city shall be deemed complete if, after the applicable time period has elapsed, both of the following are true:
(1) (1) The Building Official has not deemed the application complete, consistent with the checklist created by the city pursuant to Cal. Gov’t Code § 65850.7(g). 512
(2) (2) The Building Official has not issued a written correction notice detailing all deficiencies in the application and identifying any additional information explicitly necessary for the Building Official to complete a review limited to whether the electric vehicle charging station meets all health and safety requirements of local, state, and federal law, consistent with subdivisions (b) and (g) of Cal. Gov’t Code § 65850.7.
(G) (G) For purposes of paragraph (F), "“applicable time period"” means either of the following:
(1) (1) Five business days after submission of the application to the city if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site. (2) (2) Ten business days after submission of the application to the city if the application is for more than 25 electric vehicle charging stations at a single site. (H) (H) An application to install an electric vehicle charging station shall be deemed approved if the applicable time period described in paragraph (G) has elapsed and all of the following are true:
(1) (1) The Building Official has not administratively approved the application pursuant to Cal. Gov’t Code § 65850.7(b).
(2) (2) The Building Official has not made a finding, based on substantial evidence, that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety or required the applicant to apply for a use permit pursuant to Cal. Gov’t Code § 65850.7(b).
(3) (3) The building official of the city has not denied the use permit pursuant to Cal. Gov’t Code § 65850.7(c).
(4) (4) An appeal has not been made to the Planning Commission pursuant to Cal. Gov’t Code § 65850.7(d).
(I) (I) For purposes of paragraph (H), "“applicable time period means"” either of the following:
(1) (1) Twenty business days after the application was deemed complete, if the application is for at least one, but not more than 25 electric vehicle charging stations at a single site. (2) (2) Forty business days after the application was deemed complete, if the application is for more than 25 electric vehicle charging stations at a single site. (J) (J) If an electric vehicle charging station and any associated equipment interfere with, reduce, eliminate, or in any way impact the required parking spaces for existing uses, the city shall reduce the number of required parking spaces for existing uses by the amount necessary to accommodate the electric vehicle charging station and any associated equipment. (Ord. 1321, passed 1-18-23)
CHAPTER 16.40:CHAPTER 16.78: EMERGENCY SHELTERS
Section
16.78.010 16.40.020 Definitions
16.78.020 16.40.020 Development standards
§ 16.40.010 § 16.78.010 DEFINITIONS.
513
(A) (A) EMERGENCY SHELTER - Means housing with minimal supportive services for homeless persons; victims of domestic violence; persons requiring temporary housing; and other individuals and households made temporarily homeless due to natural disasters (e.g., fires and earthquakes) that is limited to occupancy of six months or less by a homeless person and operated by a government agency or private non-profit organization.
(B) (B) HOMELESS PERSON - Has the same definition as set forth in 42 USC § 11302. (Ord. 1249, passed 5-6-13)
§ 16.40.020 § 16.78.020 DEVELOPMENT STANDARDS.
In addition to the standards specified in Chapter 16.21,16.10 emergency shelters are also subject to the following development standards:
(A) (A) Each resident must be provided a minimum of 50 gross square feet of personal living space, not including space for common areas. In no case can occupancy exceed 30 residents at any one time.
(B) (B) Off-street parking spaces must be provided in the ratio of one parking space per ten adult beds, plus one parking space per employee on the largest shift. However, the required number of off-street parking spaces cannot exceed the spaces required for similar uses of the same size in the Commercial/Light Industrial (C/LI) zone.
(C) (C) Outdoor activities such as recreation, drop-off and pick-up of residents, or similar activities may be conducted at the facility. Staging for drop-off, intake, and pick-up should take place inside a building, at a rear or side entrance, or inner courtyard. Emergency shelter plans must show the size and location of any proposed waiting or resident intake areas, interior or exterior. (D) (D) Before commencing operation, the emergency shelter provider must have a written management plan, which must be approved by the Planning Director. The management plan must at a minimum include: requirements for staff training; resident selection; process for identifying residents; neighborhood outreach; pet policies; scheduling outdoor activities; temporary storage of residents’ personal belongings; safety and security; management of outdoor areas; and counseling and social service programs for residents. (E) (E) Not more than one emergency shelter is permitted within a radius of 300 feet from another emergency shelter.
(F) (F) Individual occupancy in an emergency shelter is limited to six months during any 12 consecutive month period. Extension(s) may be provided if a client is working with social services agencies to secure alternative housing, but no alternative housing is available. (G) (G) Exterior lighting must be provided at all building entrances and outdoor activity areas, and must be activated between sunset and sunrise of each day. All exterior lighting must comply with this code.
(H) (H) Each emergency shelter must have an on-site management office. At least one employee must be present in the on-site management office at all times that the emergency shelter is operating.
(I) (I) Each emergency shelter must have on-site security, with at least one person present at the emergency shelter while it is operating. (J) (J) Facilities must provide a storage area for refuse and recyclables that is enclosed by a six-foot high landscape screen, solid wall or fence, which is accessible to collection vehicles on one side. It must be large enough to accommodate the number of bins that are required to provide the facility with sufficient service so as to avoid the overflow of material outside of the bins provided. 514
(K) (K) The emergency shelter facility may provide one or more of the following specific facilities and services including, without limitation:
(1) (1) Commercial kitchen facilities designed and operated in compliance with applicable law;
(2) (2) Dining area;
(3) (3) Laundry;
(4) (4) Recreation room;
(5) (5) Support services (e.g., training, counseling); and (6) (6) Child care facilities.
(L) (L) Applications for emergency shelters must be submitted to the Planning Director for consideration. Within 30 days after finding an application complete, the Director must issue an emergency shelter permit upon finding that the proposal complies with all applicable law including, without limitation, this code.
(Ord. 1249, passed 5-6-13; Am. Ord. 1304, passed 9-16-20) CHAPTER 16.41:CHAPTER 16.79: REGULATION OF CANNABIS ACTVITIESACTIVITIES Section
16.79.010 16.41.010 Purpose
16.79.020 16.41.020 Definitions
16.79.030 16.41.030 Prohibition
16.79.040 16.41.040 Personal cultivation
16.79.050 16.41.050 Violations
16.79.060 16.41.060 Administrative regulations
16.79.070 16.41.070 Public nuisance
§ 16.41.010 § 16.79.010 PURPOSE.
The purpose of this chapter is to expressly prohibit the establishment of commercial cannabis uses in the city. The City Council finds that prohibitions on commercial cannabis activity are necessary for the preservation and protection of the public health, safety and welfare of the city. The prohibition of such uses is within the authority conferred upon the City Council by state law and is an exercise of its police powers to enact and enforce regulations for the public health, safety and welfare of the city. This chapter is also intended to apply reasonable regulations to the personal cultivation of cannabis that is authorized under state law. Nothing in this chapter shall be interpreted to conflict with state law, including without limitation the Compassionate Use Act, the Control, Regulate, and Tax Adult Use of Marijuana Act (AUMA) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), as may be amended. (Ord. 1272, passed 12-4-17)
§ 16.41.020 § 16.79.020 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
515
(A) (A) “CANNABIS” or “MARIJUANA” shall mean all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the 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. “CANNABIS” or “MARIJUANA” also means the separated resin, whether crude or purified, obtained from Cannabis. “CANNABIS” or “MARIJUANA” also includes cannabis that is used for medical, non-medical, or other purposes. “CANNABIS” or “MARIJUANA” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or case, or the sterilized seed of the plant which is incapable of germination. “CANNABIS” or “MARIJUANA” also does not include industrial hemp, as defined in California and has the same definition as Cal. Health and Safety Code § 11018.5.
(B) (B) "“CANNABIS/MARIJUANA ACCESSORIES"” means any equipment, products or materials of any kind which is intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing Cannabis, or for ingesting, inhaling, or otherwise introducing Cannabis or Cannabis products into the human body. (C) (C) "“CANNABIS/MARIJUANA PRODUCT"” means Cannabis 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 Cannabis or concentrated Cannabis and other ingredients.
(D) (D) "“CANNABIS TESTING LABORATORY"” means a laboratory, facility, or entity that offers or performs tests of both adult use and medical cannabis or cannabis products and that is both of the following: (1) accredited by an accrediting body (i.e. International Organization for Standardization (ISO)) that is independent from all other persons involved in commercial cannabis activity in the state, and (2) is licensed by the Bureau of Cannabis Control.
(E) (E) “COMMERCIAL CANNABIS ACTIVITY” means cultivation, manufacture, processing, storing, labeling, transporting, distribution, delivery or sale of cannabis or a cannabis product for medical, non- medical, or any other purpose and includes the activities of any business licensed by the state or other government entity under Division 10 of the Cal. Bus. and Prof. Code, or any provision of state law that regulates the licensing of cannabis businesses. This definition includes operation of a dispensary, mobile marijuana dispensary and cannabis delivery activities. This definition does not include Cannabis testing laboratories.
(F) (F) "“CONCENTRATED CANNABIS"” means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product'sproduct’s potency. "“CONCENTRATE"” includes resin from granular trichomes from a Cannabis plant.
(G) (G) "“CULTIVATION OF CANNABIS"” or "“CANNABIS CULTIVATION"” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (H) (H) “DELIVERY” means the commercial transfer of cannabis or cannabis products to a customer. “ "DELIVERY” also includes the use by a retailer of any technology platform owned and controlled by the retailer. The term “DELIVERY” does not include the distribution of cannabis from a mobile marijuana dispensary.
(I) (I) “DISPENSARY” means a facility where Cannabis, Cannabis products, or devices for the use of Cannabis or Cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers Cannabis and Cannabis products as part of a retail sale.
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(J) (J) "“DISTRIBUTION"” means the procurement, sale, and transport of cannabis and cannabis products between entities licensed under Division 10 of the Cal. Bus. and Prof. Code, as they may be amended from time to time.
(K) (K) "“FULLY-ENCLOSED ACCESSORY STRUCTURE"” means a structure or part of a structure not exceeding 12 feet in height, which is physically detached from the main building on the lot and the use of which is incidental to that of the main building or use on the same lot. A structure that is incorporated within the continuous roofline of the primary structure is part of the primary structure and is therefore exempt from this definition.
(L) (L) "“MANUFACTURE CANNABIS"” means to compound, blend, extract, infuse, or otherwise prepare a Cannabis product.
(M) (M) "“MAUCRSA"” means the Medicinal and Adult-Use Cannabis Regulation and Safety Act as codified in Division 10 of the Cal. Bus. and Prof. Code, as the same may be amended from time to time.
(N) (N) "“MOBILE MARIJUANA DISPENSARIES"” means any dispensary, clinic, cooperative, association, club, business, or group which transports or delivers, or arranges the transportation or delivery, of medical Cannabis to a person or conducts sales of Cannabis from a nonfixed location. (O) (O) "“PERSON"” means any individual, firm, corporation, association, club, society, or other organization. The term person shall include any owner, manager, proprietor, employee, volunteer or salesperson.
(P) (P) "“PERSONAL CANNABIS CULTIVATION"” means Cannabis cultivation of six or fewer live Cannabis plants within a single private residence or a fully-enclosed accessory structure that is accessory to a private residence in accordance with Cal. Health & Safety Code § 11362.2. (Q) (Q) "“PRIVATE RESIDENCE"” means a house, an apartment unit, condominium, or other similar dwelling that is lawfully used as a residence. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) § 16.41.030 § 16.79.030 PROHIBITION.
(A) (A) Commercial cannabis activities of all types are expressly prohibited in all zones in the city. No person shall establish, operate, conduct, or allow, a commercial cannabis activity anywhere in the city. To the extent that this prohibition conflicts with any other provision of this code, this prohibition shall control.
(B) (B) Mobile marijuana dispensaries are prohibited in all zones within the city. No person shall:
(1) (1) Locate, operate, own, suffer, allow to be operated or abide, abet or assist in the operation of any mobile marijuana dispensary within the city; (2) (2) Deliver marijuana to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose; or
(3) (3) Deliver any medical cannabis product, including, but not limited to:
tinctures, baked goods, or other consumable products, to any location within the city from a mobile marijuana dispensary, regardless of where the mobile marijuana dispensary is located, or engage in any operation for this purpose.
(C) (C) This section is meant to prohibit all activities for which a state license is required.
Accordingly, the city shall not issue any permit, license, or other entitlement for any activity for which a 517
state license is required under the MAUCRSA. The city shall also not issue any local license for any activity for which a state license is required under the MAUCRSA to a non-profit entity pursuant to Cal.
Bus. and Prof. Code § 26070.5.
(D) (D) To the extent not already prohibited above, all deliveries of Cannabis or Cannabis products, to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any Cannabis or Cannabis products which delivery either originates or terminates within the city. This section shall not prohibit any person from transporting Cannabis through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city. (E) (E) To the extent not already prohibited above, cultivation of Cannabis for noncommercial purposes, including cultivation by a qualified patient or primary caregiver as those terms are defined in state law, is expressly prohibited in all zones in the city. No person shall cultivate any amount of Cannabis in the city, even for medicinal purposes, except for personal Cannabis cultivation in accordance with § 16.79.040 below, and where the city is preempted by federal or state law from enacting a prohibition on such activity.
(F) (F) This section does not prohibit Cannabis testing laboratories, which are laboratories and permitted in all zones where laboratories are permitted. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) § 16.41.040 § 16.79.040 PERSONAL CANNABIS CULTIVATION PERMIT. (A) (A) Permit required. Prior to commencing any personal Cannabis cultivation, the person(s) owning, leasing, renting, occupying, or having charge or possession of any legal parcel or premises where personal Cannabis cultivation is proposed to occur must register for a personal Cannabis cultivation permit with the city. No person shall engage in personal marijuana cultivation unless that person has a current valid personal Cannabis cultivation permit from the city, pursuant to this chapter. (B) (B) Personal Cannabis cultivation application. An applicant shall submit a complete personal Cannabis cultivation application to the Director on a form provided by the city, and proof of payment of the permit fee, in an amount set by resolution of the City Council. Within 30 calendar days of receiving the application, the Director shall either accept the application for processing, or return the application to the applicant with a written description of the reasons for rejection of the application. The cultivation application shall include the following information:
(1) (1) The property address where the Cannabis will be cultivated; (2) (2) The name and age of each person owning, leasing, occupying or having charge of any legal parcel or premises where Cannabis will be cultivated; (3) (3) The name and age of each person who will participate in the Cannabis cultivation;
(4) (4) Property owner acknowledgment of personal Cannabis cultivation at the subject property, affirmed under penalty of perjury, if the property owner is different from the applicant; (5) (5) A cultivation plan which includes a scaled property site plan and a scaled diagram of the floor plan within the residence or fully-enclosed accessory structure to be used for personal cultivation at the personal Cannabis cultivation site, and an itemized list of measures taken to comply with the provisions of this section including, but not limited to, odor control, security, electrical and building and safety provisions, as well as any Cannabis accessories that will be used for personal Cannabis cultivation; and
(6) (6) A signed consent form authorizing city staff, including the Fire and Police Department, the authority to conduct an inspection of the site used for the personal cultivation of Cannabis, upon 24-hours'’ notice for the purpose of verifying compliance with this chapter. 518
(C) (C) Application approval. Upon verification of the information described in division (B), above, the Director shall issue a notice of decision of a personal marijuana cultivation permit within 60 calendar days, pursuant to the following findings:
(1) (1) The applicant meets all the requirements of this section, and any regulations promulgated under this chapter.
(2) (2) The applicant for the permit and the personal Cannabis cultivation site are both in compliance with state law, including but not limited to, Cal. Health and Safety Code §§ 11362.1, 11362.2 and 11362.3, as may be amended.
(D) (D) Permits not transferable. A personal Cannabis cultivation permit issued pursuant to this chapter is non-transferable and is specific to the permit holder and the private residence or fullyenclosed accessory structure for which it is issued. (E) (E) Permit renewal. A personal Cannabis cultivation permit issued under this chapter shall automatically expire one year after the notice of decision. Permit renewal shall be requested through compliance with the procedures for issuance of a permit as provided in this section. An applicant for a permit renewal shall be required to pay a permit renewal fee in an amount to be set by resolution of the City Council. However, an applicant for permit renewal shall not be required to submit a new cultivation plan (pursuant to division (B)(5) above), provided the personal Cannabis cultivation site follows the original cultivation plan and the permit holder is not engaged in additional or expanded Cannabis cultivation, as affirmed in the renewal form. Renewal applications must be received at least 30 calendar days prior to such expiration.
(F) (F) Permit revocation. Permits issued under this section may be revoked by the Director, following notice to the permit holder and an opportunity to submit written comments on the proposed revocation, upon making any of the following findings:
(1) (1) The permit was issued in error or the cultivation plan (pursuant to division (B)(5) above) included incorrect information;
(2) (2) The Cannabis cultivated at the personal cultivation site has been sold or used for any commercial activity which is prohibited under this chapter, or any other use or activity has occurred that is prohibited by Cal. Health and Safety Code §§ 11362.1, 11362.2 or 11362.3, as may be amended;
(3) (3) Violation of any of the provisions of this chapter has occurred at the Cannabis cultivation site;
(4) (4) The personal Cannabis cultivation site has become a public nuisance or has been operated in a manner constituting a public nuisance; (5) (5) The Cannabis cultivation is not in compliance with the conditions of the permit; or
(6) (6) (a) (a) The permit holder has engaged in an activity for which the personal Cannabis cultivation permit could have been denied originally. (b) (b) Appeals. The applicant may appeal the Director'sDirector’s decision on an application, renewal or revocation of a personal Cannabis cultivation permit to the Planning Commission and the Planning Commission'sCommission’s decision to the City Council, pursuant to Chapter 16.206 of the code. An appeal of a decision on a personal Cannabis cultivation permit is not timely if not filed within 15 days of the date of the notice of the Director'sDirector’s (or Planning Commission'sCommission’s) decision.
(G) (G) (1) (1) Personal Cannabis cultivation is only permitted when all of the following conditions and standards are met:
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(2) (2) Generally:
(a) (a) Residence. Personal Cannabis cultivation is permitted only on parcels with residential units where the personal Cannabis cultivation permit holder resides full-time.
Personal Cannabis cultivation permit holders shall not participate in personal Cannabis cultivation in more than one location within the city. Personal Cannabis cultivation activities may only occur within a residential unit, garage or fully-enclosed accessory structure. (b) (b) Visibility. From the public right-of-way, there shall be no exterior evidence of personal Cannabis cultivation. All personal Cannabis cultivation authorized by this section shall be conducted inside a private residence or within a fully-enclosed accessory structure. (c) (c) Security. Any structure used for personal Cannabis cultivation shall be secured with locks to prevent unauthorized entry and/or theft, and remain secure at all times. (d) (d) Code compliance. The personal Cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to the use of storage of materials, processes, products or waste. The cultivation area shall be in full compliance with the city Building Code, Electrical Code, Mechanical Code, Plumbing Code, and Fire Code.
(e) (e) Number of plants. Cultivation shall not exceed six living marijuana plants of any size per private residence.
(f) (f) Cultivation area. Personal marijuana cultivation must occur within a cumulative area totaling no larger than 100 square feet. (g) (g) Ventilation. Any multi-family dwelling used for personal marijuana cultivation must have a ventilation and filtration system installed in the dwelling unit that shall prevent marijuana plant odors from exiting the interior of the unit, and shall comply with all applicable building code regulations, including obtaining all required permits and approvals for the ventilation and filtration system. Personal Cannabis cultivation shall not create humidity or mold within the private residence or fully-enclosed accessory structure in violation of the Building Code, as adopted by the city, or the city'scity’s health and safety regulations, as codified in Chapter 150 Building Regulations of the city municipal code.
(h) (h) Residential structure. The primary residence shall, at all times, maintain a kitchen, bathroom, and primary bedroom(s) for their intended purpose, and shall not be used for Cannabis cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping, and bathing.
(i) (i) Accessory structure. A fully-enclosed accessory structure, as defined herein, shall be located within the rear yard area of any legal parcel or premises. The structure shall maintain a minimum setback of 10-feet from any property line and the marijuana plants shall not be visible from outside the structure.
(H) (H) Upon 24-hours'’ notice, the city may conduct an inspection of the private residence or fully enclosed accessory structure used for personal Cannabis cultivation for the purpose of verifying compliance with this chapter.
(Ord. 1272, passed 12-4-17)
§ 16.41.050 § 16.79.050 ADMINISTRATIVE REGULATIONS.
The City Manager and his/her designee is hereby authorized to promulgate and enforce administrative regulations in the implementation and enforcement of this chapter. (Ord. 1272, passed 12-4-17)
520
§ 16.41.060 § 16.79.060 VIOLATIONS.
In addition to any other remedy available under law, violations of this subchapter are subject to the administrative citations and penalties provisions in Title 1, Chapter 14, of this code. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) § 16.41.070 § 16.79.070 PUBLIC NUISANCE.
Any use or condition caused, or permitted to exist, in violation of any provisions of this subchapter shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure section 731 or any other remedy available to the city. (Ord. 1262, passed 2-1-16; Am. Ord. 1272, passed 12-4-17) CHAPTER 16.42:CHAPTER 16.80: SUBDIVISION REGULATIONS
Section
Division 1: General Provisions
16.80.010 16.42.010 Purpose and intent
16.80.020 16.42.020 Definitions
16.80.030 16.42.030 Applicability and exemptions
16.80.040 16.42.040 Modification of requirements
16.80.050 16.42.050 Maps required
16.80.060 16.42.060 Fees and deposits
16.80.070 16.42.070 Plan checking and inspection costs for revisions Division 1: Tentative Maps
16.80.080 16.42.080 Application requirements
16.80.090 16.42.090 Filing and initial review
16.80.100 16.42.100 Notifying other agencies
16.80.110 16.42.110 School district notification
16.80.120 16.42.120 Development review
16.80.130 16.42.130 Planning Commission review and action
16.80.140 16.42.140 City Council review and action
16.80.150 16.42.150 Time limit for taking action
16.80.160 16.42.160 Required findings
16.80.170 16.42.170 Mandatory denial
16.80.180 16.42.180 Additional findings for denial
16.80.190 16.42.190 Denials under California Land Conservation Act of 1965
16.80.200 16.42.200 Conditions of approval
521
16.80.210 16.42.210 Finality of action
16.80.220 16.42.220 Changes to an approved tentative map or conditions
16.80.230 16.42.230 Expiration and extensions of time
Division 2: Vesting Tentative Maps
16.80.240 16.42.240 Applicability
16.80.250 16.42.250 Application requirements
16.80.260 16.42.260 Processing vesting tentative maps
16.80.270 16.42.270 Finality of action
16.80.280 16.42.280 Development rights vested
16.80.290 16.42.290 Expiration of vested rights on recorded map
16.80.300 16.42.300 Building permit applications and vested rights Division 3: Parcel Map
16.80.310 16.42.310 When required
16.80.320 16.42.320 Waiver of parcel map
16.80.330 16.42.330 Parcel map waivers - Application and processing
16.80.340 16.42.340 Parcel map waivers - Required findings
16.80.350 16.42.350 Parcel map waivers - Certificate of Compliance
16.80.360 16.42.360 Parcel map waivers - Time expirations and extensions
16.80.370 16.42.370 Parcel map filing requirements
16.80.380 16.42.380 Review of parcel map
16.80.390 16.42.390 Parcel maps - City Council action
16.80.400 16.42.400 Recordation of parcel map - Effect
Division 4: Final Maps
16.80.410 16.42.410 Final Map - Time for filing
16.80.420 16.42.420 Survey required
16.80.430 16.42.430 Final map - Form and content
16.80.440 16.42.440 Approval by City Council
16.80.450 16.42.450 Final Map recordation
16.80.460 16.42.460 Circumstances under which corrections and amendments can be made
16.80.470 16.42.470 Additional circumstances
Division 5: Certificates of Compliance
16.80.480 16.42.480 Filing
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16.80.490 16.42.490 Review of application and decision
16.80.500 16.42.500 Conditional Certificate of Compliance
16.80.510 16.42.510 Effect of Conditional Certificate of Compliance
16.80.520 16.42.520 Information required on Certificate of Compliance
16.80.530 16.42.530 Certificates of Compliance for multiple parcels Division 6: Lot Line Adjustments
16.80.540 16.42.540 Filing
16.80.550 16.42.550 Review and processing
16.80.560 16.42.560 Action
16.80.570 16.42.570 Finalization of adjustment
Division 7: Reversion to Acreage
16.80.580 16.42.580 Initiation
16.80.590 16.42.590 Filing
16.80.600 16.42.600 Processing
16.80.610 16.42.610 City Council action
16.80.620 16.42.620 Required findings
16.80.630 16.42.630 Finality of action
Division 8: Mergers
16.80.640 16.42.640 Conditions under which a merger can be required
16.80.650 16.42.650 Notice of Intention to merge parcels
16.80.660 16.42.660 Planning Commission review and action
16.80.670 16.42.670 Determination when no hearing is requested
16.80.680 16.42.680 Finality of action
Division 9: Condominium Conversions
16.80.690 16.42.690 Applicability
16.80.700 16.42.700 Filing and processing
16.80.710 16.42.710 Completion of conversion
Division 10: Subdivision Improvements
16.80.720 16.42.720 Conformance with city plans and standards
16.80.730 16.42.730 Connections to existing streets
16.80.740 16.42.740 Subdivision access to public street
16.80.750 16.42.750 Parcel access
16.80.760 16.42.760 Private streets
523
16.80.770 16.42.770 Street design and improvement
16.80.780 16.42.780 Alleys
16.80.790 16.42.790 Drainage
16.80.800 16.42.800 Lot patterns
16.80.810 16.42.810 Grading and use of natural topography
16.80.820 16.42.820 Sidewalks, parkways and trails
16.80.830 16.42.830 Street lighting
16.80.840 16.42.840 Improvements - General
16.80.850 16.42.850 Streets
16.80.860 16.42.860 Drainage facilities
16.80.870 16.42.870 Undergrounding of utilities
16.80.880 16.42.880 Water and sewer service
16.80.890 16.42.890 Landscaping
16.80.900 16.42.900 Utility easements
16.80.910 16.42.910 Cable access
16.80.920 16.42.920 Monuments
16.80.930 16.42.930 Supplemental improvements
16.80.940 16.42.940 Security and agreements
16.80.950 16.42.950 Securities and special assessments
16.80.960 16.42.960 Right-of-way dedication
16.80.970 16.42.970 Parkland dedication and fees
16.80.980 16.42.980 Bicycle paths and trails
16.80.990 16.42.990 Transit facilities
Division 11: Fees
16.80.991 16.42.991 Bridge and major thoroughfare fees
16.80.992 16.42.992 Supplement size, capacity or number required
16.80.993 16.42.993 Reimbursement agreement
16.80.994 16.42.994 Method of reimbursement
16.80.995 16.42.995 Reimbursement for drainage and sanitary sewer facilities
16.80.996 16.42.996 Reimbursement for bridges or major thoroughfares
16.80.997 16.42.997 Fees established by resolution
16.80.998 16.42.998 Payment of fees required
16.80.999 16.42.999 In-lieu considerations
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DIVISION 1: GENERAL PROVISIONS
§ 16.42.010 § 16.80.010 PURPOSE AND INTENT.
This article is adopted pursuant to the provisions of the Subdivision Map Act set forth in Cal. Gov’t Code §§66410 et seq. for the purpose of regulating and controlling the design and improvement of subdivisions within the City of Santa Paula. Such regulation is required to promote the public health, safety, and welfare; to ensure orderly growth and development; encourage appropriate land use; and assist with preserving property value. The regulations set forth in this article are intended to supplement the Act and must be used in conjunction with the regulations set forth in the Act for all activities associated with subdividing land within the city'scity’s jurisdiction. Nothing in this article is intended to supersede the Act and the Act prevails over any conflicting part of this article. (Ord. 1102, passed 6-7-04)
§ 16.42.020 § 16.80.020 DEFINITIONS.
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this article. Words and phrases not given a meaning by this article have the meaning set forth in this title and the Act.
ACT means the Subdivision Map Act as set forth in Cal. Gov’t Code §§66510 et seq. and any subsequently adopted amendments or successor statutes. Unless specified otherwise, all citations in this article to an unspecified code are to the California Government Code.
CEQA means, collectively, the California Environmental Quality Act (Cal. Pub. Res. Code §§21000 et seq.), the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000 et seq., the "“CEQA Guidelines"”), and the city'scity’s Environmental Guidelines.
CONDOMINIUM CONVERSION PROJECT means the division of real property into common interest, the establishment of a community apartment project, or the conversion of five or more existing dwelling units to a stock cooperative as set forth in Cal. Civ. Code § 1351.
CONSTRUCTION includes, without limitation, design, acquisition of right-of-way, administration of construction contracts and actual construction.
DIRECTOR means the Planning Director, or designee.
ENGINEER means the City Engineer, or designee.
LOT LINE ADJUSTMENT means an adjustment of an existing lot line between four or fewer adjoining parcels where the land taken from one parcel is added to an adjoining parcel and a greater number of parcels than originally existed is not created.
PLANNING COMMISSION may be used interchangeably with "“Advisory Agency"” as defined in the Act.
(Ord. 1102, passed 6-7-04)
§ 16.42.030 § 16.80.030 APPLICABILITY AND EXEMPTIONS.
(A) (A) Unless exempt, land subdivisions require one of the following:
(1) (1) A tentative map or vesting tentative map;
(2) (2) A Final Map; or
(3) (3) A parcel map.
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(B) (B) In accordance with Cal. Gov’t Code § 66412, this article does not apply to the following:
(1) (1) Leases of agricultural land for agricultural purposes. (2) (2) Leases of land exclusively for the placement and operation of cellular radio transmission facilities. Establishing such facilities is subject to the city'scity’s discretionary approval. (3) (3) Leases of land or granting of easements in conjunction with financing; erecting; and sale or lease of wind-powered electrical generation devices. Establishing such facilities is subject to the city'scity’s discretionary approval.
(4) (4) Financing or leasing of apartments, offices, stores, or similar spaces within apartment buildings, industrial buildings, commercial buildings, or mobile home parks. (5) (5) Financing or leasing any parcel of land, or portion thereof, in conjunction with construction of commercial or industrial buildings on a single parcel, or the financing or leasing of existing separate commercial or industrial buildings on a single parcel. (6) (6) Mineral, oil, or gas leases.
(7) (7) Land dedicated for cemetery purposes under the Cal. Health & Safety Code.
(8) (8) Any separate assessment under Cal. Rev. and Tax. Code § 2188.7. (9) (9) Conversion of a community apartment project or stock cooperative, as defined, respectively, in Cal. Bus. and Prof. Code §§ 11004 and 11003.2, to a condominium, as defined in Cal. Civ. Code § 783, unless a parcel or Final Map was approved by the City Council, and only if the requirements specified in Cal. Gov’t Code § 66412(g) and (h) are met. (10) (10) Subdivisions of four or fewer parcels for constructing removable commercial buildings having a floor area of less than 100 square feet. (11) (11) Construction, financing, or leasing of second dwelling units as authorized by Cal. Gov’t Code §§ 65852.1 and 65852.2.
(Ord. 1102, passed 6-7-04)
§ 16.42.040 § 16.80.040 MODIFICATION OF REQUIREMENTS.
(A) (A) The Planning Commission may modify the requirements of this article for a specific application when, in its opinion, the land involved in the subdivision is of such size and shape, or is subject to such title limitations, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible or impractical for the subdivider to fully conform to the regulations contained in this article.
(B) (B) Such modification may be made only as reasonably necessary or expedient, provided modification ensures conformity with the spirit and purpose of the Act and this title. (C) (C) Any request for a modification must be made in conjunction with a subdivision application and be reviewed by the Planning Department before a recommendation is made to the Planning Commission.
(Ord. 1102, passed 6-7-04)
§ 16.42.050 § 16.80.050 MAPS REQUIRED.
526
(A) (A) A tentative and final map is required for all subdivisions creating five or more parcels, five or more condominiums, a community apartment project containing five or more parcels, or for conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where:
(1) (1) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body;
(2) (2) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a
maintained public street or highway;
(3) (3) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths; or (4) (4) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section. (B) (B) A tentative and final map is required for subdivisions (to which this article applies) that create four or less parcels; lot line adjustments; and those subdivisions described above, except that the parcel map requirement may be waived as provided in this article. (Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07) § 16.42.060 § 16.80.060 FEES AND DEPOSITS.
All persons submitting maps as required by this article must pay all fees and deposits as provided by City Council resolutions establishing fees and deposits. (Ord. 1102, passed 6-7-04)
§ 16.42.070 § 16.80.070 PLAN CHECKING AND INSPECTION COSTS FOR REVISIONS.
Costs incurred by the city for the checking of plans or calculations or inspection as a result of revisions to the approved plans must be borne by the subdivider at actual cost. The city may require a deposit to be applied toward actual costs.
(Ord. 1102, passed 6-7-04)
DIVISION 1: TENTATIVE MAPS
§ 16.42.080 § 16.80.080 APPLICATION REQUIREMENTS.
At a minimum, each tentative map submitted to the city must contain the following information:
(A) (A) The tract number of a subdivision.
(B) (B) The date, north arrow, and scale.
(C) (C) A sufficient legal description of the land to define the boundaries of the proposed division of land.
(D) (D) A key map indicating the location of the proposed division of land in relation to the surrounding area.
(E) (E) The name and address of the record owner, the subdivider, and the civil engineer or licensed surveyor under whose direction the map was prepared, including the registration number of the engineer or surveyor and the names and addresses of all operators of the utility systems of the subdivision.
Deleted: parcel
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(F) (F) The existing topography of land proposed to be divided using contour intervals as follows:
(1) (1) One foot when the slope of the ground is less than 5%; (2) (2) Two feet when the slope of the ground is between 5% and 10%; (3) (3) Five feet when the slope of the ground is between 10% and 25%; and (4) (4) Ten feet when the slope of the ground is greater than 25%. (G) (G) At least every fifth contour of topography described above must be clearly labeled and indicated so as to be distinctive. Contours of adjacent land must also be shown whenever the surface features of such land affect the design and/or improvement of the proposed division. The tentative map must contain a statement by the person preparing the map stating the source of information used to develop the contours shown on the map.
(H) (H) The approximate location and outline to scale of each building or structure on the property proposed for division. Buildings or structures on adjacent property must also be shown if such buildings or structures affect the design of the proposed subdivision. Each building shown must be identified by house number or other identifying feature, including a notation on each building, structure, fence, wall, tree row, and land use to be retained.
(I) (I) The approximate location of all areas subject to inundation or storm water overflow and the location, width, and direction of flow of each watercourse and existing flood control district channels within ½1/2 mile of the exterior boundaries of the subdivision. (J) (J) Descriptions of the proposed source of water supply and the proposed method of sewage disposal.
(K) (K) A proposed method, and plan for storm water disposal in accordance with the Ventura County Storm Water Urban Impact Mitigation Plan ("“SQUIMP"”) requirements. (L) (L) The approximate location of each area covered by trees, with a statement of the nature of the cover and the kind and approximate location of all trees standing within the boundaries of proposed public rights-of-way.
(M) (M) The location, width, approximate grade, and curb radii of all existing and proposed streets and highways within and adjacent to the proposed subdivision. (N) (N) The width, purpose, and approximate location of all existing and proposed easements or rights-of-way, whether public or private, within and adjacent to the proposed subdivision, as well as the approximate radius and arc length of each centerline curve. (O) (O) The approximate lot layout and the approximate dimensions and net area of each lot and building site. Engineering data must show the approximate finished grading of each lot, the preliminary design of all grading, the elevation of proposed building pads, the top and toe of cut and fill slopes to scale, and the number of each lot. All lot lines must be located at the top of the slopes. (P) (P) The proposed areas for public use.
(Q) (Q) The angle of intersecting streets or highways if such angle deviates from a right angle by more than four degrees.
(R) (R) The location of all cut and fill slopes, or a separate grading plan. (S) (S) Each street shown by its actual street name or by a temporary name or letter for purpose of identification until the proper name of such street is determined. 528
(T) (T) The name or names of any geologist or soils engineer whose services were required in the preparation of the design of the tentative map. (U) (U) A geologic soils report prepared by a civil engineer, registered by the State of California, based upon adequate test borings or excavations, unless the Engineer or designee determines that, due to information the Engineer has regarding the qualities of the soil of such subdivision or lot, no preliminary analysis is necessary.
(1) (1) If the preliminary soil report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the person filing the tentative map must submit a soils investigation of each lot within the subdivision, prepared by a California-registered civil engineer, who must recommend corrective action likely to prevent structural damage to each dwelling proposed to be constructed on the expansive soil. (2) (2) The Engineer, or designee, must approve the soils investigation if determined that the recommended action is likely to prevent structural damage to each dwelling to be constructed and must require that the approved recommended action be incorporated in the construction of each dwelling as a condition to the issuance of a building permit. (V) (V) A geologic hazards report, if the Engineer finds that a written geological hazards report is necessary to determine whether the property to be divided is subject to an existing or potential geological hazard. Such report is prepared by a registered engineering geologist and must state:
(1) (1) Whether the proposed plan is feasible;
(2) (2) Proposed solutions for all known hazardous conditions or problems; (3) (3) The location and lot numbers of any test borings; (4) (4) The effect of the geology on the proposed development and on adjacent properties; and
(5) (5) A description of specific locations in which development may create hazardous conditions.
(W) (W) Through the application review process, the Engineer or Director may require that additional information be included on the tentative map to provide important or necessary disclosures or other information.
(Ord. 1102, passed 6-7-04)
§ 16.42.090 § 16.80.090 FILING AND INITIAL REVIEW.
(A) (A) Tentative maps must be filed with the Director on forms provided by the Planning Department and in accordance with procedures established by that Department. (B) (B) The Director and Engineer will preliminarily review the tentative map application for completeness and required compliance with CEQA. Within 30 days after receiving a tentative map application, the Director must inform the applicant in writing whether the application is deemed complete. (Ord. 1102, passed 6-7-04)
§ 16.42.100 § 16.80.100 NOTIFYING OTHER AGENCIES.
The Director must send notice of the tentative map application to other city departments, schools, utility companies, and other agencies that may have an interest in the tentative map application for the purpose of receiving comment from those departments, companies, and agencies. (Ord. 1102, passed 6-7-04)
§ 16.42.110 § 16.80.110 SCHOOL DISTRICT NOTIFICATION.
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Within ten days after a tentative map is filed, the Director must send notice to the governing board of any elementary, high school or unified school district within the boundaries of which the subdivision is proposed to be located. Such notice must contain information about the location of the proposed subdivision, the number of units, density and any other information which would be relevant to the affected school district. Failure of the school district to respond within 20 days after receiving notice is deemed approval of the proposed subdivision by the school district. (Ord. 1102, passed 6-7-04)
§ 16.42.120 § 16.80.120 DEVELOPMENT REVIEW.
(A) (A) Upon deeming an application complete, the Director must forward the tentative map and any associated applications to the Design Review Committee for review in accordance with this code.
(B) (B) The Design Review Committee will review and evaluate each tentative map for compliance with this title, the General Plan, any applicable Specific Plan or Planned Development, the Act, and the city'scity’s development policies.
(C) (C) The Director will report to the Planning Commission identifying the extent to which the tentative map complies with this article and recommending that the Planning Commission approve, conditionally approve, or deny the tentative map application. (Ord. 1102, passed 6-7-04)
§ 16.42.130 § 16.80.130 PLANNING COMMISSION REVIEW AND ACTION. (A) (A) The Planning Commission must hold a public hearing in accordance with this chapter to consider the tentative map application.
(B) (B) At the conclusion of the public hearing, the Planning Commission must determine the extent to which the tentative map complies with this article and recommend to the City Council whether to approve, conditionally approve, or deny the tentative map application. (Ord. 1102, passed 6-7-04)
§ 16.42.140 § 16.80.140 CITY COUNCIL REVIEW AND ACTION. (A) (A) Upon receiving the Planning Commission'sCommission’s recommendation, the City Clerk will schedule a public hearing before the City Council in accordance with this title. (B) (B) During the hearing, in addition to any other evidence, the City Council will consider the Planning Commission'sCommission’s recommendation. (C) (C) At the conclusion of the public hearing, the City Council must determine the extent to which the tentative map complies with this article and approve, conditionally approve, or deny the tentative map application.
(Ord. 1102, passed 6-7-04)
§ 16.42.150 § 16.80.150 TIME LIMIT FOR TAKING ACTION.
All actions by the Director, Planning Commission, and City Council must occur within the time limits specified in Cal. Gov’t Code §§ 66452.1 and 66452.2 and Cal. Pub. Res. Code § 21151.5. (Ord. 1102, passed 6-7-04)
§ 16.42.160 § 16.80.160 REQUIRED FINDINGS.
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(A) (A) In acting to approve or conditionally approve a tentative map, together with the provisions for its design and improvement, the City Council must find that the proposed subdivision is:
(1) (1) Consistent with the Santa Paula General Plan;
(2) (2) Consistent with any applicable Specific Plan or Planned Development; (3) (3) Consistent with the provisions of this title;
(4) (4) In the interest of public health and safety; and (5) (5) Is a necessary prerequisite to the orderly development of the surrounding area.
(B) (B) The findings apply to the entire subdivision; to each proposed parcel within the subdivision; and any designated remainder parcel.
(C) (C) For condominium conversions, the City Council must make the additional findings as set forth in this article.
(Ord. 1102, passed 6-7-04)
§ 16.42.170 § 16.80.170 MANDATORY DENIAL.
(A) (A) A tentative map application must be denied if the City Council finds any of the following findings consistent with Cal.
Gov’t Code § 66474:
(1) (1) The proposed map, or the design or improvement of the proposed subdivision, is not consistent with the General Plan or Specific Plans as specified by Cal. Gov’t Code § 65451;
(2) (2) The proposed map, or the design or improvement of the proposed subdivision, is not consistent with an applicable General Plan or Specific Plan; (3) (3) The site is not physically suitable for the type of development proposed; (4) (4) The site is not physically suitable for the proposed density of development proposed;
(5) (5) The design of the subdivision or the proposed improvements will likely cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;
(6) (6) The design of the subdivision or type of improvements will likely cause serious public health or safety problems;
(7) (7) The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. The City Council may approve a tentative map, however, if it finds that alternative easements will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. All easements must be recorded or established by court order; or (8) (8) The proposed subdivision is not consistent with all applicable provisions of this title.
(Ord. 1102, passed 6-7-04)
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§ 16.42.180 § 16.80.180 ADDITIONAL FINDINGS FOR DENIAL.
The City Council may also deny a proposed tentative map based on any of the following findings:
(A) (A) The proposed subdivision is not compatible with surrounding development in terms of density, patterns of development, access, or other consideration; (B) (B) The city'scity’s cost of providing infrastructure support or services outweigh any benefits associated with the subdivision.
(Ord. 1102, passed 6-7-04)
§ 16.42.190 § 16.80.190 DENIALS UNDER CALIFORNIA LAND CONSERVATION ACT OF 1965. (A) (A) The City Council may deny a proposed tentative map if the land is subject to a contract entered into pursuant to the California Land Conservation Act of 1965 (Cal. Gov’t Code §§ 51200 et seq.) and the resulting parcels following a subdivision of that land would be too small to sustain their agricultural use.
(B) (B) For purposes of this section, land is presumed to be in parcels too small to sustain their agricultural use if the land is: less than ten acres in size in the case of prime agricultural land; or less than 40 acres in size in the case of land which is not prime agricultural land. (C) (C) For purpose of this section, agricultural land is presumed to be in parcels large enough to sustain their agricultural use if the land is: at least ten acres in size in the case of prime agricultural land; or at least forty acres in size in the case of land which is not prime agricultural land. (D) (D) A subdivision with parcels smaller than those specified in this section may be approved if either of the following findings are made:
(1) (1) The parcels can nevertheless sustain an agricultural use permitted under the contract, or are subject to a written agreement for joint management pursuant to Cal. Gov’t Code § 51230.1, provided that the parcels which are jointly managed total at least ten acres in size in the case of prime agricultural land or 40 acres in size in the case of land which is not prime agricultural land. (2) (2) One of the parcels contains a residence and is subject to Cal. Rev. and Tax. Code § 428; the residence has existed on the property for at least five years; the landowner has owned the parcels for at least ten years; and the remaining parcels shown on the map are at least ten acres in size if the land is prime agricultural land, or at least 40 acres in size if the land is not prime agricultural land. In such case, no other homesite parcels may be created on any remaining parcels under contract for at least ten years following the creation of a homesite parcel pursuant to this section. (E) (E) This section does not apply to land subject to a contract when any of the following occurred:
(1) (1) A local agency formation commission approved annexation of the land to the city and the city will not succeed to the contract as provided in Cal. Gov’t Code §§ 51243 and 51243.5;
(2) (2) Written notice of nonrenewal of the contract was served before March 7, 1985, as provided in Cal. Gov’t Code § 51245;
(3) (3) Written notice of nonrenewal of the contract was served on or after March 7, 1985, as provided in Cal. Gov’t Code § 51245, and, as a result of that notice, there are no more than three years remaining in the term of the contract; (4) (4) The City Council granted tentative approval for cancellation of the contract as provided in Cal. Gov’t Code § 51282.
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(Ord. 1102, passed 6-7-04)
§ 16.42.200 § 16.80.200 CONDITIONS OF APPROVAL.
In acting to approve a tentative map, the City Council may impose conditions on map approval in accordance with the Act and this title to, among other things, achieve the objectives of the General Plan, ensure consistency with the provisions of this Code, and mitigate against adverse environmental impact. (Ord. 1102, passed 6-7-04)
§ 16.42.210 § 16.80.210 FINALITY OF ACTION.
The decision of the City Council to approve, conditionally approve, or deny a tentative map is final and, unless otherwise specified, effective upon the date such decision is rendered. (Ord. 1102, passed 6-7-04)
§ 16.42.220 § 16.80.220 CHANGES TO AN APPROVED TENTATIVE MAP OR CONDITIONS. (A) (A) The following changes to an approved tentative map may be requested:
(1) (1) Adjustments to the locations of lot lines and improvements, provided no new lots are created.
(2) (2) Reduction in the number of approved lots.
(3) (3) Any changes to the conditions of approval.
(B) (B) Changes other than as set forth in this section require a new tentative map application.
(C) (C) A subdivider may request changes to an approved tentative map or its conditions of approval before the city records the map. Such a request must be made on forms provided by the Director and be accompanied with payment of required fees. (D) (D) The application for a change to an approved tentative map or map conditions is processed in the same manner as the tentative map.
(E) (E) The City Council must make the following findings, as applicable, to make any proposed changes to a previously approved tentative map:
(1) (1) A material mistake of facts was made in the deliberations leading to the original approval; or
(2) (2) A change of circumstances has occurred which affects conditions related to the original approval.
(F) (F) Modification of an approved tentative map or its conditions of approval does not extend the time limits applicable to the filing of a Final Map. (Ord. 1102, passed 6-7-04)
§ 16.42.230 § 16.80.230 EXPIRATION AND EXTENSIONS OF TIME. (A) (A) Except as otherwise specified by a development agreement or pursuant to Cal.
Gov’t Code § 66452.6(a)(1), a tentative map expires 24 months after the date the map was approved. (B) (B) The person filing the tentative map may request an extension, pursuant to Cal.
Gov’t Code § 66452.6(e), or stay, pursuant to Cal. Gov’t Code § 66452.6(c) of an approved tentative map by filing a written application with the Director before the map'smap’s expiration date. The application 533
must state the reasons for requesting the extension or stay. Such application must be filed at least fifteen (15) days before the tentative map'smap’s expiration date. (C) (C) The Planning Commission will either approve, conditionally approve or deny extension requests. Within 40 days after receiving an application for a stay, the Planning Commission must either approve the requested stay for a period not exceeding five years or deny the application. (D) (D) Each extension of tentative map approval or conditional approval may be allowed for a period not exceeding one year from the anniversary date of the map'smap’s original approval. The total time of extensions cannot exceed five years. A stay may be for the period of time during which a lawsuit involving the tentative map is or was pending in a court of competent jurisdiction, not to exceed five years. The ultimate length of the extension or stay must be consistent with the Act. (E) (E) Modifications of a tentative map after approval or conditional approval cannot extend the time limits imposed by this section, unless an extension or stay is specifically granted. (Ord. 1102, passed 6-7-04)
DIVISION 2: VESTING TENTATIVE MAPS
§ 16.42.240 § 16.80.240 APPLICABILITY.
A vesting tentative map may be filed for either a residential or nonresidential development project.
Whenever a provision of this title or the Act requires the filing of a tentative map or parcel map, a vesting tentative map may be filed in accordance with the provisions of this division. (Ord. 1102, passed 6-7-04)
§ 16.42.250 § 16.80.250 APPLICATION REQUIREMENTS.
(A) (A) A vesting tentative map is filed using the same form, accompanying reports, and data as a tentative map, with the following additional requirements:
(1) (1) Identification. At the time a vesting tentative map is filed, it must have printed conspicuously on its face the words "“Vesting Tentative Map.” (2) (2) Right-of-way. The map must show proposed street widenings and extensions; existing and proposed sidewalks and curb cuts; existing and proposed fire hydrants within 300 feet of the project perimeter; and existing utility poles. (3) (3) Site and buildings. Information must be provided regarding the type and use of all buildings, both existing and proposed; location of buildings to be removed; square footage of each floor, building, lot, and total project; all facilities and accessory structures related to underground utilities and street lighting; all mechanical equipment on the buildings or on the site; appropriate screening methods and materials; and the location and screening of outdoor trash and storage areas. (4) (4) Parking and circulation (if applicable). Information must be provided regarding the parking spaces to be provided, with total number of spaces given; wheel stops or curb substitute; parking space striping; handicap parking; ingress and egress to include all private drives; and pedestrian walkways.
(5) (5) Landscaping (if applicable). Diagrams must be provided showing and identifying all existing trees; existing and proposed landscaped areas in terms of proposed plants by type, size, spacing, and number; screening of adjacent properties, if required; and square footage of common usable and private open space (patio) areas, where such is required by this title. (6) (6) Floor plans. Dimensioned preliminary floor plans must be provided for each proposed use.
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(7) (7) Building elevations, with grading. Diagrams must be provided to show two cross-section lines that clearly portray buildings and grading concepts; natural grade (dotted lines) and finished grade (solid lines); preliminary renderings of front, right side, left side, and rear elevations of all buildings; building height in feet and stories; proposed construction materials; and the proposed colors of all buildings.
(B) (B) Through the application review process, the Director or Engineer may require that additional information be included with the vesting tentative map to provide important or necessary disclosures or other information.
(Ord. 1102, passed 6-7-04)
§ 16.42.260 § 16.80.260 PROCESSING VESTING TENTATIVE MAPS.
Except as they specifically differ in this division, procedures for processing a vested tentative map are the same as for processing a tentative map including, without limitation, filing, review, notification, Planning Commission consideration, City Council approval, final decisions, changes after approval, expiration, and renewal.
(Ord. 1102, passed 6-7-04)
§ 16.42.270 § 16.80.270 FINALITY OF ACTION.
The decision of the City Council to approve, conditionally approve, or deny a vesting tentative map is final and, unless specified otherwise, becomes effective upon the date such decision is rendered. (Ord. 1102, passed 6-7-04)
§ 16.42.280 § 16.80.280 DEVELOPMENT RIGHTS VESTED.
(A) (A) The approval of a vesting tentative map confers a vested right to proceed with development on recorded lots in substantial compliance with the ordinances, policies, and standards in effect on the date that the map is approved.
(B) (B) The city may condition or deny a permit, approval, extension, or entitlement pursuant to the approved vesting map if the City Council determines any of the following:
(1) (1) Failure to take such action would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health and safety, or both. (2) (2) The condition or denial is required to comply with state or federal law. (C) (C) All development permit fees required subsequent to the approval of the vesting tentative map must be paid.
(Ord. 1102, passed 6-7-04)
§ 16.42.290 § 16.80.290 EXPIRATION OF VESTED RIGHTS ON RECORDED MAP. (A) (A) The rights conferred upon a vesting tentative map is vested for an initial time period of 24 months from the date a
Final Map is recorded. Where several Final Maps are recorded on various phases of a project, approved by a single vesting tentative map, this time period begins for each phase when the Final Map for that phase is recorded.
(B) (B) The initial time period is automatically extended by any time used by the city for processing a complete application for a grading permit or for design or architectural review, if the time period used by the city to process the application exceeds 30 days from the date the complete application is filed.
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(C) (C) The conditions under which an extension of time or stay is granted for a vesting tentative map must be consistent with that established for tentative maps. (Ord. 1102, passed 6-7-04)
§ 16.42.300 § 16.80.300 BUILDING PERMIT APPLICATIONS AND VESTED RIGHTS.
If a developer submits a complete application for a building permit during the initial time period, or any granted extension, the rights conferred by the vesting map continue until the expiration of that building permit or any extension to that building permit that the city may issue. (Ord. 1102, passed 6-7-04)
DIVISION 3: PARCEL MAP
§ 16.42.310 § 16.80.310 WHEN REQUIRED.
A Parcel Map is required for subdividing property into four or fewer parcels or for any other division of land for which a tentative and Final Map are not required by the Act or this Code. No Parcel Map is required for a land division of four or fewer parcels where such land is conveyed to a public utility for a public use.
(Ord. 1102, passed 6-7-04)
§ 16.42.320 § 16.80.320 WAIVER OF PARCEL MAP.
(A) (A) Pursuant to Cal. Gov’t Code § 66428, a subdivider may request the waiver of a Parcel Map if the following conditions apply:
(1) (1) Each parcel created by the subdivision has a gross area not less than 40 acres or not less than a quarter of a quarter section. (2) (2) The land consists of a parcel or parcels of land having approved access to a public street or highway, comprises part of a tract of land zoned exclusively for commercial or industrial development, and has City Council approval as to street widths and alignments. (Ord. 1102, passed 6-7-04)
§ 16.42.330 § 16.80.330 PARCEL MAP WAIVERS - APPLICATION AND PROCESSING. (A) (A) A request to waive a Parcel Map must be filed on forms provided by the Director, together with required filing fees.
(B) (B) The Engineer and Director will review the application for compliance with the provisions of this title and the Act. The Director will report to the Planning Commission and identify the extent to which the waiver request complies with the required findings, and recommend to the Commission to approve or deny the waiver request.
(C) (C) The Planning Commission will consider the application for a Parcel Map waiver at a public hearing.
(D) (D) At the conclusion of the public hearing, the Planning Commission must determine whether to approve or deny the waiver request. The action of the Planning Commission is final unless an appeal is filed in accordance with this title.
(Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07) § 16.42.340 § 16.80.340 PARCEL MAP WAIVERS - REQUIRED FINDINGS.
To grant a request for waiving a Parcel Map requirement, the Planning Commission must find that the proposed subdivision complies with this title with regard to area, improvement, and design; floodwater 536
drainage control; appropriate improved public roadways; sanitary disposal facilities; water supply availability; environmental protection; and other applicable regulations. (Ord. 1102, passed 6-7-04)
§ 16.42.350 § 16.80.350 PARCEL MAP WAIVERS - CERTIFICATE OF COMPLIANCE.
The city must issue a Certificate of Compliance required to complete the subdivision of property where the Planning Commission waives a Parcel Map requirement. (Ord. 1102, passed 6-7-04)
§ 16.42.360 § 16.80.360 PARCEL MAP WAIVERS - TIME EXPIRATIONS AND EXTENSIONS. (A) (A) A Parcel Map waiver expires 24 months from the date it was approved. (B) (B) The subdivider may request an extension for a Parcel Map waiver. Such requests must be made to the Director on forms provided by the Director, with the payment of any required fees, at least 15 days before the Parcel Map Waiver expires.
(C) (C) The Director can approve, conditionally approve, or deny an extension request pursuant to this title. Any Director'sDirector’s decision may be appealed to the Planning Commission in accordance with this title. Any such extension is limited to a total of 18 months. (Ord. 1102, passed 6-7-04)
§ 16.42.370 § 16.80.370 PARCEL MAP FILING REQUIREMENTS.
The following apply to the filing of an application for a Parcel Map:
(A) (A) The Parcel Map must meet the requirements of the Act and be in the form and contain the required data set forth in this section.
(B) (B) The Parcel Map must be prepared by or under the direction of a registered civil engineer or licensed surveyor and be based upon a property survey. (C) (C) The scale of the map must be large enough (not smaller than 1 inch equals 100 feet) to show details clearly and contain sufficient sheets of paper for accomplishing this requirement. (D) (D) The title of each Parcel Map must include a name and a map number, as secured from the county surveyor, conspicuously placed at the lower right hand corner of the sheet, followed by the words "“consisting of sheets"” (showing the number thereof), followed by the words "“in the City of Santa Paula"” or "“partly in the City of Santa Paula and partly in unincorporated territory."” (E) (E) Every sheet of the map property must bear the title (but not subtitle), scale, north arrow, sheet number, and the number of each adjoining sheet in its proper location. (F) (F) Below the title, a subtitle must appear consisting of a description of all the property being subdivided. The subtitle must reference any such map or maps of the property which were previously recorded or filed in the County Recorder'sRecorder’s office; or which were previously filed with the County Clerk pursuant to a final judgment in any action in partition; or which have been previously filed in the office of the County Recorder under authority of Cal. Gov’t Code § 66499.55; or by reference to the plat of any United States survey.
(G) (G) Each reference in such description to any tract or subdivision must be spelled out and worded identically with the original record thereof and show a complete reference to the book and page of records of such county.
(H) (H) The description must also include reference to any vacated area, with the number of the ordinance of vacation included.
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(I) (I) The name of the survey, survey date, and map scale must be stated on the title sheet, below the subtitle. The map must also show the basis of bearings, making reference to some recorded subdivision map, county surveyor'ssurveyor’s map, or other record acceptable to such county surveyor, or to a solar or polaris observation. The basis of bearings must not be in close proximity to the north arrow.
(J) (J) Lots must be numbered consecutively, commencing with the number "“1,"” with no omissions or duplications.
(K) (K) Each lot must be shown entirely on one sheet.
(L) (L) Blocks may be used, provided they are numbered or lettered consecutively. (M) (M) Names of proposed streets must approved by the Planning Commission in conformance with a street name list approved by the City Council. The names of all proposed streets must be shown without abbreviations.
(N) (N) All streets, highways, easements (except easements indicated for privately owned public utility companies), and parcels of land shown on the parcel map and intended for any public use must be offered for dedication for public use.
(O) (O) Where easements for conveyance to privately owned public utility companies are reserved, a certificate to that effect must be shown on the parcel map. This certificate may show that in no event, except when permission is obtained from public utility companies occupying such easement, may any dwelling house, building or other structure, except fences or any portion thereof, be erected in, upon, over, or across any such public utility easement. (P) (P) The following certificates and acknowledgments must appear on the title sheet of a parcel map:
(1) (1) Owner'sOwner’s certificate and acknowledgment and offer of dedication, if any;
(2) (2) Certificate of the City Clerk of approval by the City Council and acceptance of offer of dedication;
(3) (3) Certificate of approval of the Engineer;
(4) (4) Certificate of approval as to form by the City Attorney; and (5) (5) Certificate of the subdivision engineer with that engineer'sengineer’s state registered engineer'sengineer’s number or of the subdivision surveyor with that surveyor'ssurveyor’s state licensed land surveyor'ssurveyor’s number. (6) (6) The title sheet must also contain such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law. (Q) (Q) The parcel map must particularly define, delineate, and designate all lots intended for sale or reserved for private purposes; all parcels offered for dedication for any purpose; and any private streets with all dimensions, minimum lot sizes, boundaries and courses clearly shown and defined in every case.
(R) (R) Parcels offered for dedication other than for streets or easements must be designated by number.
(S) (S) Private streets must be designated by name and include the words "“not a public street."”
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(T) (T) Sufficient linear, angular, and curve data must be shown to determine readily the bearing and length of the boundary lines of the subdivision and of the boundary lines of every block, lot, and parcel which is a part thereof. All lots and blocks are shown in their entirety on one sheet wherever practicable.
(U) (U) Arc lengths, radii, and central angle and radial bearing of each curve at intersection with a line not tangent to such curve must be shown. (V) (V) The parcel map must fully describe and show the location of any stakes, monuments, or other evidence to determine the boundaries of the subdivision. Each adjacent corner of each adjoining subdivision or portion thereof by lot and block numbers, tract names and place of record, or by section, township and range or other proper designation must be shown and identified on the map. (W) (W) The location, size, and depth of all monuments placed in making the survey must be shown, and if any points were reset by ties, that fact must be noted. (X) (X) The boundary of the subdivision must be indicated by a border of prussian blue water color or blue india ink approximately one-eighth of an inch wide, applied on the reverse side of the tracing and inside such boundary line.
(Y) (Y) Such water color must be of such density as to be transferable to white print of such map and not obliterate any line, figure, or other data appearing thereon. (Z) (Z) All lines shown on the map that do not constitute a part of the subdivision itself must be clearly distinguishable from those lines which are a part of the subdivision, and any area enclosed by such lines is labeled "“not a part of this subdivision."” (AA) (AA) City boundaries that cross or adjoin the subdivision must be clearly designated and located in relation to adjacent lot or block lines. (BB) (BB) The parcel map must show the line of high water in instances where the subdivision is adjacent to a stream, channel, or any body of water. The parcel map must also show any area subject to periodic inundation by water, as required by the Engineer. (Ord. 1102, passed 6-7-04)
§ 16.42.380 § 16.80.380 REVIEW OF PARCEL MAP.
(A) (A) All parcel maps, together with any required reports or other relevant information, must be filed with the Director on forms provided by the Director. (B) (B) Upon deeming a parcel map application to be complete, the Director will forward the application to the Design Review Committee, the Engineer and other appropriate city departments for review and comment. The Engineer is responsible for checking the parcel map as to correctness of surveying data, plans and specifications of improvements, certificates of dedication, acceptances of dedication and acknowledgments, and such other matters that require checking to ensure compliance with the provisions of law and of this title. The Director must review the parcel map for consistency with this title, the General Plan, any applicable Specific Plan, and the city'scity’s development policies. (C) (C) If the Director determines that the parcel map conforms to all the requirements of this article and the Act, and provided the subdivider has posted all bonds or deposited money or negotiable bonds as required by this article, the Director must approve the parcel map. If the parcel map does not conform or all security requirements have not been met, the subdivider will be notified and given the opportunity to make necessary changes and resubmit the parcel map, along with any other required information.
(D) (D) After determining that a parcel map complies with this article, the Director must approve the map and forward it to the County Recorder for filing in compliance with Cal. Gov’t Code § 66450.
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(Ord. 1102, passed 6-7-04; Am. Ord. 1172, passed 7-2-07) § 16.42.390 § 16.80.390 PARCEL MAPS - CITY COUNCIL ACTION.
The City Council must act on a parcel map whenever any of the following circumstances apply:
(A) (A) If a dedication or offer of dedication is required, the Director must forward the parcel map to the City Clerk. The Clerk must place the item on the next City Council agenda for acceptance of dedications. City Council approval is not required if no dedication or offer of dedication is required.
(B) (B) If improvements required pursuant to this title or other regulations were not completed, the Director must not approve the map unless the City Council authorizes deferred completion. Such authorization must only be granted if the subdivider enters into an agreement with the city to post security to guarantee the improvements.
(Ord. 1102, passed 6-7-04)
§ 16.42.400 § 16.80.400 RECORDATION OF PARCEL MAP - EFFECT.
Recordation of a parcel map has the effect of eliminating any lot lines within the boundaries of the subdivision that existed before recordation of the parcel map. (Ord. 1102, passed 6-7-04)
DIVISION 4: FINAL MAPS
§ 16.42.410 § 16.80.410 FINAL MAP - TIME FOR FILING.
(A) (A) Within 24 months after the date the City Council approves a tentative map, or any later date that may be authorized by an extension granted pursuant to this article, the subdivider must cause the subject property to be accurately surveyed and a Final Map to be prepared in conformance with the tentative map and any and all applicable conditions. (B) (B) The Final Map must be submitted to the Engineer for review and action within the time period specified by this section.
(Ord. 1102, passed 6-7-04)
§ 16.42.420 § 16.80.420 SURVEY REQUIRED.
(A) (A) An accurate and complete field survey of the land to be subdivided must be made by a registered civil engineer or licensed land surveyor authorized to practice land surveying in the State of California. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision must be tied into the survey. The allowable error of closure on any portion of the final map must not exceed 1/10,000 for field closures and 1/20,000 for calculated closures. (B) (B) At the time of making the survey for the final map, the engineer or surveyor must set sufficient durable monuments to conform with the standards described in Cal. Bus. & Prof. Code § 8771 so that another engineer or surveyor may readily retrace the survey. At least one exterior boundary line must be monumented before recording the final map. Other monuments must be set as required by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.430 § 16.80.430 FINAL MAP - FORM AND CONTENT.
The original Final Map and one duplicate reproducible copy must be submitted to the Engineer, accompanied by the following:
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(A) (A) In the event any dedication is to be made for public use, a certificate of title, a subdivision guarantee, or a dedication letter in the name of the owner of the land, issued to or for the benefit and protection of the city by a title company authorized by the laws of the state to write such letter, showing all parties whose consent is necessary to pass clear title to the land being subdivided, together with the nature of their interests therein, except where the land contained in such subdivision is registered under the Land Registration Act ("“Torrens Act"”), in which latter case a certified copy of the certificate of title is furnished.
(B) (B) A white print of the Final Map showing the contemplated location of installations of facilities or all public utilities, whether publicly or privately owned, with a statement of the proposed work, with such statement to be filed by the Engineer.
(C) (C) A grading plan as required by the Engineer.
(D) (D) The subdivider must file, either at the time of filing the Final Map at a later date as provided in this Division, detailed plans and specifications of the improvements to be installed as required by the provisions of this article and of all other improvements proposed to be installed by the subdivider in, on, or under any street or right-of-way, easement, or parcel of land dedicated by the map, including the estimated cost thereof.
(E) (E) The subdivider may file multiple Final Maps on the approved tentative map, subject to the Engineer'sEngineer’s approval.
(F) (F) The Final Map must meet the requirements of the Act and be in the form and contain the required data set forth in this section.
(G) (G) The Final Map must be prepared by or under the direction of a registered civil engineer or licensed surveyor and be based upon a property survey. (H) (H) The scale of the map must be large enough (not smaller than 1 inch equals 100 feet) to show details clearly and enough sheets must be used to accomplish this end. (I) (I) The title of each Final Map must consist of a name and a tract number, as secured from the county surveyor, conspicuously placed at the lower right hand corner of the sheet, followed by the words "“consisting of ________ sheets"” (showing the number thereof), followed by the words "“in the City of Santa Paula"” or "“partly in the City of Santa Paula and partly in unincorporated territory."”
(J) (J) Every sheet of the map property must bear the title (but not subtitle), scale, north arrow, sheet number, and the number of each adjoining sheet in its proper location. (K) (K) A subtitle, describing all property being subdivided, must appear below the title.
The subtitle must reference any map of the property that was previously recorded or filed in the County Recorder'sRecorder’s office; or previously filed with the County Clerk pursuant to a final judgment in any action in partition; or which have been previously filed in the office of the County Recorder under authority of Cal. Gov’t Code § 66499.55; or by reference to the plat of any United States survey. (L) (L) Each reference in such description to any tract or subdivision must be spelled out and worded identically with the original record thereof and show a complete reference to the book and page of records of such county.
(M) (M) The description must also include reference to any vacated area, with the number of the ordinance of vacation included.
(N) (N) The name of the surveyor, survey date, and scale must appear on the title sheet below the subtitle. The map must also show the basis of bearings, making reference to some recorded 541
subdivision map, county surveyor'ssurveyor’s map, or other record acceptable to such county surveyor, or to a solar or polaris observation. The basis of bearings must not be close to the north arrow. (O) (O) The lots must be numbered consecutively, commencing with the number "“1,"” with no omissions or duplications; provided, that where the subdivision is a continuation of or an addition to an existing subdivision, the lot numbers may commence with the number immediately following the last or highest number of each existing subdivision and in all other respects must conform with the preceding requirements.
(P) (P) Each lot must be shown entirely on one sheet.
(Q) (Q) Blocks may be used, provided they are numbered or lettered consecutively. (R) (R) Proposed street names must conform with a City Council approved list of street names. The names of all proposed streets must be shown without abbreviations. (S) (S) All streets, highways, easements (except easements indicated for privately owned public utility companies), and parcels of land shown on the Final Map and intended for any public use must be offered for dedication for public use.
(T) (T) A certification regarding reservation of easements to privately owned public utility companies must be included on the Final Map when applicable. This certificate may show that in no event, except when permission is obtained from public utility companies occupying such easement, may any dwelling house, building or other structure, except fences or any portion thereof, be erected in, upon, over, or across any such public utility easement.
(U) (U) The following certificates and acknowledgments must appear on the title sheet of a Final Map:
(1) (1) Owner'sOwner’s certificate and acknowledgment and offer of dedication, if any;
(2) (2) Certificate of the City Clerk of approval by the City Council and acceptance of offer of dedication;
(3) (3) Certificate of approval of the Engineer;
(4) (4) Certificate of approval as to form by the City Attorney; (5) (5) Certificate of the subdivision engineer with the engineer'sengineer’s state registered engineer'sengineer’s number or of the subdivision surveyor with the surveyor'ssurveyor’s state licensed land surveyor'ssurveyor’s number. (6) (6) Such other affidavits, certificates, acknowledgments, endorsements, and notarial seals as are required by law.
(V) (V) The Final Map must particularly define, delineate, and designate all lots intended for sale or reserved for private purposes; all parcels offered for dedication for any purpose; and any private streets with all dimensions, minimum lot sizes, boundaries and courses clearly shown and defined in every case.
(W) (W) Parcels offered for dedication other than for streets or easements must be designated by number.
(X) (X) Private streets must be designated by name and have inserted within the limits thereof the words "“not a public street."”
(Y) (Y) Sufficient linear, angular, and curve data must be shown to determine readily the bearing and length of the boundary lines of the subdivision and of the boundary lines of every block, lot, 542
and parcel which is a part thereof. All lots and blocks are shown in their entirety on one sheet wherever practicable.
(Z) (Z) Arc lengths, radii, and central angle and radial bearing of each curve at intersection with a line not tangent to such curve are shown. (AA) (AA) The Final Map must fully describe and show the location of any stakes, monuments, or other evidence to determine the boundaries of the subdivision. Each adjacent corner of each adjoining subdivision or portion thereof by lot and block numbers, tract names and place of record, or by section, township and range or other proper designation must be shown and identified on the map. (BB) (BB) The location, size, and depth of all monuments placed in making the survey must be shown, and if any points were reset by ties, that fact must be noted. (CC) (CC) The boundary of the subdivision must be indicated by a border of prussian blue water color or blue india ink approximately one-eighth of an inch wide, applied on the reverse side of the tracing and inside such boundary line.
(DD) (DD) Such water color must be of such density as to be transferable to white print of such map and not obliterate any line, figure, or other data appearing thereon. (EE) (EE) All lines shown on the map that do not constitute a part of the subdivision itself must be clearly distinguishable from those lines which are a part of the subdivision, and any area enclosed by such lines is labeled "“not a part of this subdivision."” (FF) (FF) City boundaries that cross or adjoin the subdivision must be clearly designated and located in relation to adjacent lot or block lines. (GG) (GG) The Final Map must show the line of high water in instances where the subdivision is adjacent to a stream, channel, or any body of water. The Final Map must also show any area subject to periodic inundation by water, as required by the Engineer. (Ord. 1102, passed 6-7-04)
§ 16.42.440 § 16.80.440 APPROVAL BY CITY COUNCIL.
(A) (A) After review and approval by the Engineer, the final map must be placed on the City Council agenda for its approval. The City Council must consider the final map for approval at the next regular meeting after the Engineer approves the map.
(B) (B) The City Council must approve the final map if it has previously approved a tentative map for the proposed subdivision, and if it finds that the final map is in substantial compliance with the previously approved tentative map, and if it conforms to all applicable requirements of this title and the Act.
(C) (C) If the final map is unacceptable, the Council must make its recommended corrections, instruct the subdivider to revise the final map and defer approval until the final map is resubmitted.
(D) (D) The City Council must deny approval of the final map only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map. Where the Council denies approval of the final map, such disapproval must be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may waive the requirements of this section upon a finding that the failure of the map to meet the conditions set forth in the tentative map is the result of a technical and inadvertent error which does not materially affect the validity of the map. (Ord. 1102, passed 6-7-04)
§ 16.42.450 § 16.80.450 FINAL MAP RECORDATION.
543
Following action by the Engineer, and after the required signatures and seals are affixed, the City Clerk must transmit the Final Map to the County Recorder for recordation. (Ord. 1102, passed 6-7-04)
§ 16.42.460 § 16.80.460 CIRCUMSTANCES UNDER WHICH CORRECTIONS AND AMENDMENTS CAN BE MADE.
(A) (A) After a Final Map or Parcel Map is filed in the office of the County Recorder, such map may be amended by a Certificate of Correction or an amending map for any of the following purposes:
(1) (1) To correct an error in any course or distance shown thereon. (2) (2) To show any course or distance that was omitted thereon. (3) (3) To correct an error in the description of real property shown on the map. (4) (4) To indicate monuments set after the death, disability, retirement from practice, or replacement of the engineer or surveyor charged with the responsibilities for setting the monuments.
(5) (5) To show the proper location or character of any monument which has been changed in location or character and originally shown at the wrong location or incorrectly as to its character.
(6) (6) To correct any additional information filed or recorded with the map, as required by the city, if the correction does not impose additional burden on the present fee owner of the property and does not alter the right, title, or interest in the real property reflected on the recorded map. (7) (7) To correct any other type of map error or omission as approved by the County Surveyor or Engineer that does not affect any property right. Such errors and omissions may include, but are not limited to, lot numbers, acreage, street names, and identification of adjacent record maps.
(B) (B) As used in this section, "“error"” does not include changes in courses or distances that cannot be proven from the data shown on the Final Map. (Ord. 1102, passed 6-7-04)
§ 16.42.470 § 16.80.470 ADDITIONAL CIRCUMSTANCES.
(A) (A) In addition to the circumstances specified above, changes or modifications may be made to a Final or Parcel Map if the City Council finds that:
(1) (1) There are changes in circumstances which make any or all of the conditions of such a map no longer appropriate or necessary; (2) (2) The modifications do not impose any additional burden on the present fee owner of the property;
(3) (3) The modifications do not alter any right, title, or interest in the real property reflected on the recorded map; and
(4) (4) The map, as modified, meets the findings for approval. (B) (B) A request for a change to or modification of a Final Map pursuant to this section must be made on forms provided by the Director. Such change or modification is processed in accordance with the procedures established for a tentative map of this Title 16. The public hearings for such application are confined to the consideration of and action on the proposed change or modification. 544
(Ord. 1102, passed 6-7-04)
DIVISION 5: CERTIFICATES OF COMPLIANCE
§ 16.42.480 § 16.80.480 FILING.
Upon determination by the Director that a Certificate of Compliance is required, the property owner or authorized representative must file a Certificate of Compliance application on forms provided by the Director, together with required filing fees, a chain of title, and other information that may be required by the Director or Engineer to establish the status of the parcel. (Ord. 1102, passed 6-7-04)
§ 16.42.490 § 16.80.490 REVIEW OF APPLICATION AND DECISION. (A) (A) The Director must forward the application for review by the Engineer and any other city or governmental agency that may have jurisdiction over any aspect of the application. (B) (B) The Director must review all available information, including information provided by other city and governmental agencies, and make a determination whether the real property was divided in accordance with the Act and this title or any prior city subdivision regulations. (C) (C) Upon making a determination that the real property complies with applicable provisions of the Act and this title, the Director must issue a Certificate of Compliance and cause such Certificate of Compliance to be recorded with the Ventura County Recorder. (D) (D) Upon making a determination that the real property does not comply with applicable provisions of the Act and this title, the Director may deny the application, or impose conditions on the granting of a Certificate of Compliance, in accordance with this division. (Ord. 1102, passed 6-7-04)
§ 16.42.500 § 16.80.500 CONDITIONAL CERTIFICATE OF COMPLIANCE. (A) (A) The Director may impose conditions upon the granting of a Certificate of Compliance in the event that the real property does not comply with applicable provisions of the Act and this Title. Such conditions are limited to those requirements that would have been applicable to the division of the property at the time the applicant acquired interest therein. However, if the current owners were responsible for the division, then current requirements of this article may be imposed. (B) (B) The Director will forward the application and related information to the Design Review Committee for review. Related information must include references to state law and city ordinances that were in effect at the time the property was subdivided. (C) (C) The Design Review Committee may impose conditions on the approval of the Conditional Certificate of Compliance. Any decision of the Design Review Committee regarding imposition of conditions may be appealed to the Planning Commission. (D) (D) If no appeals are filed within the designated appeal period, the Director must issue a Conditional Certificate of Compliance and cause such Conditional Certificate of Compliance to be recorded with the Ventura County Recorder.
(Ord. 1102, passed 6-7-04)
§ 16.42.510 § 16.80.510 EFFECT OF CONDITIONAL CERTIFICATE OF COMPLIANCE.
The Conditional Certificate of Compliance serves as notice to the property owner who has applied for the certificate or any subsequent owner or developer that the fulfillment and implementation of conditions is required before the subsequent issuance of a permit or other grant of approval for development of the property.
545
(Ord. 1102, passed 6-7-04)
§ 16.42.520 § 16.80.520 INFORMATION REQUIRED ON CERTIFICATE OF COMPLIANCE.
A recorded Certificate of Compliance or Conditional Certificate of Compliance must include all information specified in Cal. Gov’t Code § 66499.35(f). (Ord. 1102, passed 6-7-04)
§ 16.42.530 § 16.80.530 CERTIFICATES OF COMPLIANCE FOR MULTIPLE PARCELS.
A single Certificate of Compliance or Conditional Certificate of Compliance application may be processed and recorded for multiple parcels, provided that such single Certificate of Compliance or Conditional Certificate of Compliance clearly identifies and distinguishes between the descriptions of each parcel.
(Ord. 1102, passed 6-7-04)
DIVISION 6: LOT LINE ADJUSTMENTS
§ 16.42.540 § 16.80.540 FILING.
Lot line adjustment applications must be filed on forms provided by the Director, together with required filing fees and other information required by the Director to allow for review of the application. (Ord. 1102, passed 6-7-04)
§ 16.42.550 § 16.80.550 REVIEW AND PROCESSING.
(A) (A) Upon receiving a completed Lot Line Adjustment application, the Director must forward the application for review by the Engineer and any other city or governmental agency that may have jurisdiction over any aspect of the application.
(B) (B) The Director must review all available information, including information provided by other city and governmental agencies, and make a determination whether the proposed lot line adjustment conforms with the provisions of this Code and any applicable Specific Plan or Planned Development.
(Ord. 1102, passed 6-7-04)
§ 16.42.560 § 16.80.560 ACTION.
(A) (A) The Director may approve or conditionally approve a request for a lot line adjustment in writing after investigating and receiving reports from other departments, if the Director finds that the proposed lot line adjustment conforms to all of the following requirements:
(1) (1) The lots adjoin one another;
(2) (2) The lot line adjustment will not create a greater number of lots than originally existed;
(3) (3) It conforms with the city'scity’s general plan; (4) (4) It conforms with the city'scity’s zoning and building regulations set forth in this Code.
(B) (B) Any conditions imposed on the approval are limited to those conditions necessary to:
(1) (1) Ensure conformance with the city'scity’s general plan; 546
(2) (2) The city'scity’s zoning and building regulations as set forth in this Code; (3) (3) Require the prepayment of real property taxes before approval of the adjustment; or
(4) (4) Facilitate the relocation of existing utilities, infrastructure, or easements. (C) (C) Should the lot line adjustment application fail to meet any of the criteria set forth above, the Director may deny the application.
(Ord. 1102, passed 6-7-04)
§ 16.42.570 § 16.80.570 FINALIZATION OF ADJUSTMENT.
Within 24 months after the Director approves a lot line adjustment, all record owners must cause to be recorded with the office of the Ventura County Recorder either a grant deed or quit claim deed reflecting the adjustment. No record of survey is required for a lot line adjustment. However, the legal descriptions provided on the deed or deeds is prepared by a licensed surveyor, licensed in the State of California, or qualified registered civil engineer.
(Ord. 1102, passed 6-7-04)
DIVISION 7: REVERSION TO ACREAGE
§ 16.42.580 § 16.80.580 INITIATION.
Either the City Council, on its own motion, or all owners of record of the real property within the subdivision, by formal application, may initiate proceedings for a Reversion to Acreage. (Ord. 1102, passed 6-7-04)
§ 16.42.590 § 16.80.590 FILING.
(A) (A) Reversion to Acreage applications initiated by owners of record of the real property within the subdivision must be filed on forms provided by the Director, together with required filing fees and other information required by the Director to allow for review of the application. At a minimum, information provided must include:
(1) (1) Adequate evidence of title of the real property within the subdivision; (2) (2) Sufficient data to enable the City Council to make all of the findings and determinations required by this division; and
(3) (3) A Final Map that delineates dedications that will not be vacated and dedications that are a condition of reversion.
(B) (B) Where the City Council initiates a Reversion to Acreage, the Council will direct the Director to obtain the information necessary to initiate and conduct the proceedings. (Ord. 1102, passed 6-7-04)
§ 16.42.600 § 16.80.600 PROCESSING.
The Director, in consultation with the Engineer, must review the application for conformance with the provisions of this division and report to the City Council identifying the extent to which the Reversion to Acreage complies with this division and the findings set forth below. (Ord. 1102, passed 6-7-04)
§ 16.42.610 § 16.80.610 CITY COUNCIL ACTION.
547
(A) (A) The City Council must hold a public hearing to consider the application and any related, relevant, information.
(B) (B) Following the public hearing, the City Council must act to approve, conditionally approve, or deny the Reversion to Acreage.
(C) (C) In acting to approve or conditionally approve a Reversion to Acreage, the City Council must require:
(1) (1) Dedications or offers of dedications necessary for purposes specified by city regulations;
(2) (2) Retention of all previously paid fees, if necessary to accomplish the purposes of this title; and
(3) (3) Retention of any portion of required improvement security or deposits, if necessary to accomplish the purpose of this title.
(Ord. 1102, passed 6-7-04)
§ 16.42.620 § 16.80.620 REQUIRED FINDINGS.
As part of its action to approve or conditionally approve a Reversion to Acreage, the City Council must make the following findings:
(A) (A) That dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and (B) (B) Either:
(1) (1) All owners of interest in the real property within the subdivision consented to the reversion;
(2) (2) None of the improvements required to be made were made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (3) (3) No lots on the Final Map or parcel map were sold within five years from the date such map was filed for record.
(Ord. 1102, passed 6-7-04)
§ 16.42.630 § 16.80.630 FINALITY OF ACTION.
In order for a Reversion to Acreage to become effective, a Final Map must be recorded. (Ord. 1102, passed 6-7-04)
DIVISION 8: MERGERS
§ 16.42.640 § 16.80.640 CONDITIONS UNDER WHICH A MERGER CAN BE REQUIRED.
Whenever two or more contiguous parcels are under common ownership and any one of the parcels does not conform to the standards for minimum parcel size set forth in this title, the city can require the merger of parcels before it issues a development permit, provided all of the requirements specified in Cal.
Gov’t Code § 66451.11 are satisfied.
(Ord. 1102, passed 6-7-04)
§ 16.42.650 § 16.80.650 NOTICE OF INTENTION TO MERGE PARCELS. 548
(A) (A) Before initiating a merger, the city must mail to the owner of the affected parcels a Notice of Intention to Determine Status. The same notice is filed with the Ventura County Recorder on the same date that notice is mailed to the property owner. Such notice must inform the property owner that the affected parcels may be merged and advise the owner of the opportunity to request a hearing on determination of status.
(B) (B) At any time within 30 days of the recording of the Notice of Intention to Determine Status, the property owner may file with the Director a request for a hearing. (Ord. 1102, passed 6-7-04)
§ 16.42.660 § 16.80.660 PLANNING COMMISSION REVIEW AND ACTION. (A) (A) Upon receiving a request for a hearing, the Director must schedule a public hearing before the Planning Commission in accordance with this title. The hearing should be conducted not later than 60 days after the Director receives the hearing request. (B) (B) The Planning Commission must hold a public hearing in accordance with this chapter to consider the parcel merger application.
(C) (C) At the conclusion of the public hearing, the Planning Commission must determine whether the parcels should or should not be merged.
(D) (D) The decision of the Planning Commission is final unless an appeal is filed. (Ord. 1102, passed 6-7-04)
§ 16.42.670 § 16.80.670 DETERMINATION WHEN NO HEARING IS REQUESTED.
If the Director does not receive a timely filed request for hearing, the Director may decide whether or not the parcels may be merged. Decisions allowing a merger must be recorded not later than 90 days after notice of the decision.
(Ord. 1102, passed 6-7-04)
§ 16.42.680 § 16.80.680 FINALITY OF ACTION.
(A) (A) A notice of merger must be filed with the Ventura County Recorder'sRecorder’s Office after a decision which allows allowing a parcel merger. The notice must identify the names of the record owners and describe the property being merged.
(B) (B) A release of the notice of intention to determine status must be filed with the Ventura County Recorder'sRecorder’s Office after a decision that disallows a parcel merger. (Ord. 1102, passed 6-7-04)
DIVISION 9: CONDOMINIUM CONVERSIONS
§ 16.42.690 § 16.80.690 APPLICABILITY.
A condominium conversion requires the approval of a tentative and Final Map, or a parcel map, unless the exemptions specified in Cal. Gov’t Code §§66412(g) and (h) apply, or unless the city waives the requirement for conversion of a mobile home park to resident ownership pursuant to Cal. Gov’t Code § 66428.1.
(Ord. 1102, passed 6-7-04)
§ 16.42.700 § 16.80.700 FILING AND PROCESSING.
549
(A) (A) Filing a condominium conversion application is the same as that established for a tentative tract map with the following exceptions and additional requirements:
(1) (1) The tentative map for a condominium conversion project need not show the buildings or the manner in which the buildings or the airspace above the property are to be divided.
However, the city may require that an exhibit be provided showing the manner in which buildings are to be arranged on the property.
(2) (2) Addresses of all tenants of the property proposed for conversion must be provided with other required notice materials. Also, the subdivider must provide the city with notarized verification of provision of the Notice of Intent to Convert required by Cal. Gov'tGov’t Code §§66452.8 and 66452.9.
(3) (3) Pursuant to Cal. Gov'tGov’t Code § 66427.4, if a mobile home park is proposed for conversion, the applicant must submit a report on the impact of the conversion upon the displaced residents of the mobile home park. Such report must be prepared in accordance with Cal.
Gov'tGov’t Code §§66427.4 and 66427.5.
(4) (4) Pursuant to Cal. Gov'tGov’t Code § 66452.10, if the proposed condominium conversion project involves a stock cooperative or community apartment project, the applicant must submit notarized verification of the vote. (B) (B) The processing of a condominium conversion project is the same as that established for a tentative tract map except that, pursuant to Cal. Gov'tGov’t Code § 66451.3, notice of the public hearing must be provided to all tenants of the subject property. (C) (C) In acting to approve a condominium conversion project, the Planning Commission and/or the City Council must make the same findings as for a tentative map and the additional findings set forth in Cal. Gov'tGov’t Code § 66427.1.
(D) (D) A condominium conversion project must also comply with Chapter 16.8516.43 - Condominiums and Conversions.
(Ord. 1102, passed 6-7-04; Am. Ord. 1169, passed 2-5-07) § 16.42.710 § 16.80.710 COMPLETION OF CONVERSION.
Filing of Final Map or parcel map is required for completion of the condominium conversion project, except when waived for a mobile home park.
(Ord. 1102, passed 6-7-04)
DIVISION 10: SUBDIVISION IMPROVEMENTS
§ 16.42.720 § 16.80.720 CONFORMANCE WITH CITY PLANS AND STANDARDS.
All subdivision plans and associated street plans must conform to the Circulation Element of the Santa Paula General Plan and street standards adopted by the City Council. (Ord. 1102, passed 6-7-04)
§ 16.42.730 § 16.80.730 CONNECTIONS TO EXISTING STREETS.
All new streets must connect to existing streets and must provide street gap closures to the maximum extent feasible and practical to facilitate traffic circulation and ensure implementation of the General Plan Circulation Element.
(Ord. 1102, passed 6-7-04)
§ 16.42.740 § 16.80.740 SUBDIVISION ACCESS TO PUBLIC STREET. 550
Every subdivision must be designed to provide access to a public street as follows:
(A) (A) Direct access where the property abuts an existing public street or a planned public street for which the right-of-way was defined and improvements to the planned street are provided pursuant to this chapter; or
(B) (B) A non-exclusive easement for street, utility, drainage, or similar purposes, provided the easement is:
(1) (1) Offered for dedication;
(2) (2) Unencumbered by any rights that would restrict the proposed use; and (3) (3) Of a width, grade, location, and configuration which, in the opinion of the Engineer, will allow it to serve its intended function. (Ord. 1102, passed 6-7-04)
§ 16.42.750 § 16.80.750 PARCEL ACCESS.
(A) (A) New parcels created by a subdivision must provide access to either a public street or a private street, if a private street is allowed by this section. (B) (B) Direct parcel access to a state highway or a City Major Arterial, Arterial, Minor Arterial, Major Commercial/Industrial, or Commercial/Industrial may be denied to ensure traffic safety.
Alternatively, the city may require construction of a frontage road between the parcel and the abutting highway or city street.
(Ord. 1102, passed 6-7-04)
§ 16.42.760 § 16.80.760 PRIVATE STREETS.
Private streets may be permitted by the City Council, provided such streets meet the following requirements:
(A) (A) The street design provides a width, configuration, slope, and other design characteristics satisfactory to the Public Works Director and the Fire Chief; (B) (B) Streets do not prevent the orderly development of adjacent properties, prevent future connections to planned public streets, or interfere with local circulation; (C) (C) Streets meet the circulation needs of the property they serve; and (D) (D) The owners, association of owners, or organization responsible for the private streets provides the city with written assurance, approved as to form by the City Attorney, that the street or streets will be adequately maintained.
(Ord. 1102, passed 6-7-04)
§ 16.42.770 § 16.80.770 STREET DESIGN AND IMPROVEMENT.
All new public streets proposed or required within or adjacent to a subdivision must be designed in accordance with adopted city street standards and the following requirements:
(A) (A) Where a property for which a tentative or parcel map was filed is adjacent to a property which may be subject to a future subdivision, the review authority may require streets to be extended to the boundary of the adjacent property to allow for future access and street connections. (B) (B) Street intersections must be as near to right angles as practicable. 551
(C) (C) Street grades between 6% and 10% are allowed only for limited distances in which, in the judgment of the review authority, topographical conditions make a lesser grade impractical.
A grade exceeding 10% will be approved only when, in the judgment of the review authority, conclusive evidence shows that a lesser grade is physically impractical. (D) (D) Where an existing city street adjoins, passes through, or otherwise provides access to a proposed subdivision, the review authority may require dedication of additional right-of-way and/or improvements consistent with the General Plan Circulation Element. (E) (E) Permanent dead-end streets or cul-de-sacs must not exceed 660 feet in length. (F) (F) All streets within a subdivision must be named in accordance with City Council resolution.
(Ord. 1102, passed 6-7-04)
§ 16.42.780 § 16.80.780 ALLEYS.
All new alleys must have a minimum width of 25 feet and is designed per adopted city standards. (Ord. 1102, passed 6-7-04)
§ 16.42.790 § 16.80.790 DRAINAGE.
(A) (A) All subdivisions must be designed to accommodate storm drainage tributary to and originating within the subject subdivision.
(B) (B) All on grade storm water conveyance facilities, including ditches, channels, catch basins, and road improvements must be designed and constructed for flood frequency of ten years or other threshold determined by the Public Works Director to be appropriate and necessary to provide adequate flood protection. All facilities serving sump locations must be designed for a flood frequency of 50 years or other threshold determined by the Public Works Director to be appropriate and necessary to provide adequate flood protection. The design of such facilities and systems is based upon information provided by a registered engineer and approved by the Public Works Director. (C) (C) To the maximum extent feasible, existing natural drainage courses must be retained.
(D) (D) Facilities and systems must be designed to avoid concentrations of runoff and to avoid the creation of facilities that could pose a risk or hazard to public health and safety. (E) (E) Drainage facilities must be located with street rights-of-way or public easements. (Ord. 1102, passed 6-7-04)
§ 16.42.800 § 16.80.800 LOT PATTERNS.
(A) (A) Every lot must be designed to conform to the minimum area and dimension requirements applicable to the zoning in which the lot is located or, in the case of a change of zone, proposed to be located.
(B) (B) Each new lot created by a subdivision must have a physical shape and configuration that allows subsequent buildings and other improvements to be constructed in conformance with the development standards for the zone in which such lot is located, to ensure that safe driveways and other accesses can be provided, and to ensure that any required landscaping can be provided. (C) (C) The creation of flag lot configurations in any new subdivision is discouraged. (D) (D) The creation of lots with double street frontage is discouraged. 552
(E) (E) Blocks longer than 1,200 feet in length are discouraged and may be cause for disapproval of a tentative map.
(Ord. 1102, passed 6-7-04)
§ 16.42.810 § 16.80.810 GRADING AND USE OF NATURAL TOPOGRAPHY.
The design of subdivisions in hillside areas must conform to the grading standards contained in this title.
(Ord. 1102, passed 6-7-04)
§ 16.42.820 § 16.80.820 SIDEWALKS, PARKWAYS AND TRAILS. (A) (A) Sidewalks must be provided in new subdivisions, and be designed and installed in accordance with adopted city standards.
(B) (B) Parkways must be provided where such parkways will contribute positively to overall subdivision design, will better integrate the subdivision with surrounding land uses, and will implement General Plan policies. Parkways must have a minimum width of four feet or a width as may be required by the responsible review authority. Parkway planting may be required through subdivision conditions of approval.
(C) (C) Bikeways and trails must be provided in new subdivisions. Such bikeways and trails must be designed to eventually connect to a citywide system. (Ord. 1102, passed 6-7-04)
§ 16.42.830 § 16.80.830 STREET LIGHTING.
Street light fixtures must be provided pursuant to city policies regarding street lighting, or as determined to be necessary by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.840 § 16.80.840 IMPROVEMENTS - GENERAL.
(A) (A) As a condition for approving any Final Map, the subdivider must improve or agree to make all improvements for all land designated for streets, highways, public ways, and easements.
Such improvements include streets, sidewalks, curbs, gutters, culverts, bridges, storm drains, sanitary sewers, permanent subdivision monuments, and other structures or improvements set forth in this division or as recommended by the Planning Commission and/or deemed by the City Council to be necessary for the general use of the lot owners in the subdivision and for traffic and drainage needs. (B) (B) All improvements must be installed to grades approved by the Engineer. Plans and specifications of proposed improvements must be furnished to the Engineer in conjunction with the Final Map. These plans and profiles must show full details of the proposed improvements in accordance with the most current city standards.
(C) (C) The minimum improvements which the subdivider will be required to make at the subdivider'ssubdivider’s own cost in the subdivision before the acceptance and approval of the Final Map is as described generally below and in detail in this division:
(1) (1) Fire hydrants and adequate distribution lines to provide adequate domestic water supply to each lot and sufficient fire protection to meet local neighborhood needs, as determined by the Fire Chief;
(2) (2) City wastewater disposal system to each lot;
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(3) (3) Adequate drainage of the subdivision streets, highways, ways and alleys;
(4) (4) Adequate grading and surfacing of streets, highways, ways and alleys; (5) (5) Curbs, gutters and sidewalks; and
(6) (6) Permanent subdivision monuments.
(Ord. 1102, passed 6-7-04)
§ 16.42.850 § 16.80.850 STREETS.
All required public and private streets must be installed in accordance with plans approved by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.860 § 16.80.860 DRAINAGE FACILITIES.
All required drainage and flood control facilities must be installed in accordance with plans approved by the Engineer.
(Ord. 1102, passed 6-7-04)
§ 16.42.870 § 16.80.870 UNDERGROUNDING OF UTILITIES.
(A) (A) Utility lines including, without limitation, electrical, telephonic, street, and cable television must be placed underground within all new subdivisions. (B) (B) All underground construction must be installed before the streets are paved if such construction occurs within streets and requires open excavation of the street surface. All construction must be performed to the satisfaction of the Engineer and in accordance with city standards. (Ord. 1102, passed 6-7-04)
§ 16.42.880 § 16.80.880 WATER AND SEWER SERVICE.
(A) (A) Water mains and other required facilities must be installed to serve each lot within a proposed subdivision per the requirements of the water service provider. All such facilities must be installed consistent with applicable master plans. Where water facilities are to be installed in a public street, all improvement plans are subject to review by the Public Works Director, and fire hydrant locations and specifications are approved by the Fire Chief. (B) (B) All new subdivisions and each lot within a proposed subdivision are required to connect to the city'scity’s sewer system. All sewer facilities must be installed consistent with applicable master plans. Where sewer facilities are to be installed in a public street, all improvement plans are subject to review by the Public Works Director.
(Ord. 1102, passed 6-7-04)
§ 16.42.890 § 16.80.890 LANDSCAPING.
Landscaping and associated automatic irrigation systems must be installed as required for erosion control and slope stabilization.
(Ord. 1102, passed 6-7-04)
§ 16.42.900 § 16.80.900 UTILITY EASEMENTS.
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(A) (A) The subdivider must reserve and grant the following right-of-way easements, either overhead or underground, to public utility companies:
(1) (1) At the rear of all lots, except at the perimeter of the subdivision, of a width of not less than six feet;
(2) (2) At the rear of all lots at the perimeter of the subdivision, of a width of not less than ten feet;
(3) (3) Along side lot lines, where necessary, of a width of not less than six feet; and
(4) (4) Over areas contiguous to public alleys, where necessary, of a width necessary for overhang of facilities, anchorage, line continuity, ingress and egress, and for trimming and topping trees that may endanger or interfere with the maintenance of such public utility facilities. (B) (B) Such right-of-way easements are delineated on the subdivision map and identified as "“Easements for Public Utilities."”
(Ord. 1102, passed 6-7-04)
§ 16.42.910 § 16.80.910 CABLE ACCESS.
As a condition of approval of a final map, the subdivider must provide access to all cable operators within the city.
(Ord. 1102, passed 6-7-04)
§ 16.42.920 § 16.80.920 MONUMENTS.
Monuments must be provided as required by the Act.
(Ord. 1102, passed 6-7-04)
§ 16.42.930 § 16.80.930 SUPPLEMENTAL IMPROVEMENTS.
(A) (A) At the City Council'sCouncil’s direction, the subdivider may be required to install improvements for the benefit of the subdivision which may be of such supplemental size, capacity, number, or length as will benefit property not within the subdivision. Such improvements may be a condition precedent to the approval of a subdivision or parcel map. (B) (B) The subdivider will be reimbursed for that portion of the costs of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision.
§ 16.42.940 § 16.80.940 SECURITY AND AGREEMENTS.
(A) (A) A subdivider may record a final or parcel map pursuant to this article before completing required improvements, provided the City Council approves a subdivision improvement agreement and the subdivider provides security as approved by the Council in accordance with Cal. Gov’t Code § 66499(a). The improvement agreement and security must be in a form approved by the City Attorney.
(B) (B) The amount of security must be based upon 100% of the estimated cost of the required improvement or improvements. Such cost estimate is provided by the subdivider, based upon information provided by a qualified engineer, and is approved by the Public Works Director. (C) (C) Release of the security may be accomplished in accordance with Cal. Gov’t Code §§ 66499.7 and 66499.8.
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(Ord. 1102, passed 6-7-04)
§ 16.42.950 § 16.80.950 SECURITIES AND SPECIAL ASSESSMENTS.
Should the required subdivision improvements be financed and installed pursuant to special assessment proceedings, the subdivider may apply to the City Council for a reduction in the amount of the improvement security required, up to an amount corresponding to the amount of faithful performance and labor and material bonds required by the special assessment act being used. The City Council may grant such reduction if it finds that such bonds have been in fact provided and that the obligations secured thereby are substantially equivalent to those required by this division. (Ord. 1102, passed 6-7-04)
§ 16.42.960 § 16.80.960 RIGHT-OF-WAY DEDICATION.
(A) (A) As a condition of approval of a map, the subdivider must dedicate or make an irrevocable offer of dedication of all parcels of land within the subdivision that are needed for streets and alleys (including access rights and abutters rights), drainage, public utility easements, and other public easements.
(B) (B) The subdivider must improve or agree to improve all streets and alleys (including access rights and abutters rights), drainage, public utility easements, and other public easements offered for dedication. Such improvements must be performed in accordance with the requirements of this division or as may otherwise be approved by the City Council. (Ord. 1102, passed 6-7-04)
§ 16.42.970 § 16.80.970 PARKLAND DEDICATION AND FEES.
All projects approved for development under this division must provide for at a minimum its fair share of future parkland and open space through dedication to the city, or payment of impact fees in accordance with adopted and enacted fee schedules for this purpose, or both. (Ord. 1102, passed 6-7-04)
§ 16.42.980 § 16.80.980 BICYCLE PATHS AND TRAILS.
(A) (A) For any residential subdivision containing 40 or more parcels, and where the dedication of roadways is required, the subdivider may be required to dedicate such additional land as may be necessary and feasible to provide bicycle paths for the use and safety of residents of the subdivision, as well as bicycle paths included as part of the General Plan Circulation Element Bicycle and Trail Plan.
(B) (B) The subdivider may be required to dedicate additional land as may be necessary and feasible to accommodate trails included in the General Plan Circulation Element Bicycle and Trail Plan.
(Ord. 1102, passed 6-7-04)
§ 16.42.990 § 16.80.990 TRANSIT FACILITIES.
For any residential subdivision containing 200 or more parcels, or for any subdivision containing 100 acres or more, the subdivider may be required to dedicate or provide an irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, bus stop pads, and similar features which directly benefit the residents of the subdivision. (Ord. 1102, passed 6-7-04)
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DIVISION 11: FEES
§ 16.80.991 16.43.991 BRIDGE AND MAJOR THOROUGHFARE FEES. (A) (A) Pursuant to Cal. Gov’t Code §§66484 and 66489, the city may require the payment of a fee as a condition of approval of a final map, or as a condition of issuing a building permit for purposes of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares, upon compliance with the procedure and conditions set forth in this chapter.
(B) (B) Such construction must comply with the circulation element of the city'scity’s general plan and, in the case of bridges, to the transportation or flood control provisions that identify railways, freeways, streams or canyons for which bridge crossings are required on the city’s general plan or local roads and in the case of major thoroughfares, to the provisions of such circulation element which identify those major thoroughfares whose primary purpose is to carry through traffic and provide a network connecting to the state highway system; provided, such circulation element, transportation or flood control provisions were adopted by the city 30 days before the filing of a map or application for a building permit.
(C) (C) Payment of a fee is not required or made a condition for approval of a subdivision map or made a condition for the issuance of a building permit until the area benefited is determined by the City Council. There must be a public hearing held by the City Council for each area benefited. (1) (1) The hearing must be set before the City Council and notice must be given pursuant to Cal. Gov’t Code § 65905 at least ten calendar days before the hearing date. (2) (2) Notices must contain preliminary information related to the boundaries of the area of benefit, estimated cost and method of fee apportionment. The area of benefit may include land or improvements in addition to the land or improvements which are the subject of any map or building permit application considered at such proceedings. (D) (D) At the conclusion of the public hearing, the City Council may decide to establish the boundaries of the benefit area by resolution, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment. The city may impose a reasonable charge on property within the area which in the opinion of the City Council is benefited by the construction of the bridge or major thoroughfare. The method of fee apportionment, in the case of major thoroughfares, must not provide for higher fees on land which abuts the proposed improvement except where the abutting property is provided direct usable access to the major thoroughfare. A description of the boundaries of the area of benefit, the property or properties within said area which in the opinion of the City Council are benefited by the construction of the improvement, the costs, whether actual or estimated, and the method of fee apportionment and imposition of charges on properties within the area, as established at the hearing, must be incorporated in the City Council resolution, a certified copy of which must be recorded by the City Council with the County Recorder. Such apportioned fees are applicable to all property within the area of benefit and are 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 must provide for payment of the share of improvement costs apportioned to such lands from other sources. (E) (E) Payment of fees with respect to major thoroughfares is not required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. (F) (F) Payment of fees with respect to a bridge facility are not required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of the adoption of the boundaries of the area of benefit. Fees must not be expended to reimburse the cost of existing bridge facility construction. (G) (G) Major Protest.
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(1) (1) Protests against the proposed improvement, the requirement for paying fees, the apportionment of the fees or the determination of the boundaries of the area of benefit may be filed at any time before the hour set for hearing. If there is a written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefited by the improvement and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings must be abandoned, and the City Council must not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvement or acquisition under the provisions of these sections. (2) (2) Nothing in this section must preclude the processing and recordation of maps in accordance with other provisions of the law and ordinances relating to maps if the proceedings under these sections are abandoned.
(3) (3) Any protest may be withdrawn by the owner making the same, in writing, at any time before the conclusion of the aforesaid public hearing held pursuant to this title. (4) (4) If any majority protest is directed against only a portion of the improvement, then all further proceedings under the provisions of these sections to construct that portion of the improvement so protested against are barred for a period of one year, but the City Council is not barred from commencing new proceedings not including any part of the improvement or acquisition protested against. Nothing in this section prohibits the City Council, within such one-year period, from commencing and carrying on new proceedings or the construction of a portion of the improvements 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 benefited are in favor of going forward with such portion of the improvement or acquisition.
(H) (H) Fees.
(1) (1) Fees or charges paid pursuant to these sections must be deposited in a planned bridge facility or major thoroughfare fund. A fund must be established for each planned bridge facility project or each planned major thoroughfare project. If the benefit area is one in which more than one bridge is required to be constructed, a fund may be so established covering all of the bridge projects in the benefit area. Monies in such fund may be expended only for constructing or reimbursing for construction of the improvement 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. (2) (2) The fees or charges collected must be paid to the city or the subdivider constructing the bridge or major thoroughfare, and the city, with respect to any property within its jurisdiction which in the opinion of the City Council is benefitted by the construction of the bridge or major thoroughfare, may enter into a reimbursement agreement with the subdivider. (3) (3) In lieu of the payment of fees, the city may accept other considerations which it deems equivalent.
(4) (4) The city may advance money from its general fund or road fund to pay the cost of constructing improvements and may reimburse the general fund or road fund for such advances from planned bridge facility funds or major thoroughfare funds established to finance the construction of such improvements.
(I) (I) Interest-bearing Indebtedness; Other Funds.
(1) (1) The city, when imposing fees pursuant to this section, may incur an interest-bearing indebtedness for the construction of such bridge facilities or major thoroughfares; provided, that the sole security for repayment of such
indebtedness are monies deposited as set forth above in planned bridge facility or major thoroughfare funds.
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(2) (2) Nothing in this chapter should be construed to preclude the city from providing funds for the construction of bridge facilities or major thoroughfares in order to defray costs not allocated to the area of benefit.
(Ord. 1102, passed 6-7-04)
§ 16.80.992 16.43.992 SUPPLEMENT SIZE, CAPACITY OR NUMBER REQUIRED.
Improvements installed by the subdivider for the benefit of the subdivision must contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and such improvements must be dedicated to the public. Supplemental length may include minimum sized off- site sewer lines necessary to reach a sewer outlet in existence at that time. (Ord. 1102, passed 6-7-04)
§ 16.80.993 16.43.993 REIMBURSEMENT AGREEMENT.
The city may enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only, and the actual cost of such improvements, including an amount attributable to interest. (Ord. 1102, passed 6-7-04)
§ 16.80.994 16.43.994 METHOD OF REIMBURSEMENT.
In order to pay the costs as required by the reimbursement agreement, the city may:
(A) (A) Collect from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use. (B) (B) Contribute to the subdivider that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and levy a charge upon the real property benefitted to reimburse itself for such cost, together with interest thereon, if any, paid to the subdivider. (C) (C) Establish and maintain local benefit districts for the levy and collection of such charge or costs from the property benefitted.
(Ord. 1102, passed 6-7-04)
§ 16.80.995 16.43.995 REIMBURSEMENT FOR DRAINAGE AND SANITARY SEWER FACILITIES.
The City Council may adopt the plan and map designated in Cal. Gov’t Code § 66483 and impose a reasonable charge on property within the area which, in the opinion of the City Council, is benefitted by drainage or sanitary sewer facilities. The charge collected must be paid to the city or subdivider constructing such drainage or sanitary sewer facilities, and any local agency within the drainage or sanitary sewer area may enter into a reimbursement agreement with the subdivider. (Ord. 1102, passed 6-7-04)
§ 16.80.996 16.43.996 REIMBURSEMENT FOR BRIDGES OR MAJOR THOROUGHFARES.
The City Council may establish an area of benefit pursuant to Cal. Gov’t Code § 66484 and may impose a reasonable charge on property within the area which, in the opinion of the City Council, is benefitted by the construction of the bridge or major thoroughfare. The charge collected must be paid to the city agency or subdivider constructing the bridge or major thoroughfare, and any local agency having jurisdiction over any property which, in the opinion of the City Council, is benefitted by the construction of the bridge or major thoroughfare may enter into a reimbursement agreement with the subdivider. (Ord. 1102, passed 6-7-04)
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§ 16.80.997 16.43.997 FEES ESTABLISHED BY RESOLUTION.
The amount and manner of collecting fees, and the Area of Benefit to which the fees are apportioned, may be established by City Council resolution.
(Ord. 1102, passed 6-7-04)
§ 16.80.998 16.43.998 PAYMENT OF FEES REQUIRED.
Pursuant to the provisions of this division, as a condition of approval of a Final Map or as a condition of issuing a building permit, and before a Final Map is filed or a building permit issued, every subdivider must pay any fees established and apportioned to the property pursuant to this division. (Ord. 1102, passed 6-7-04)
§ 16.80.999 16.43.999 IN-LIEU CONSIDERATIONS.
The City Council may accept consideration in lieu of fees required pursuant to this division, provided:
(A) (A) The City Council finds, upon recommendation of the Public Works Director, that the substitute consideration has a value equal to or greater than the fee; and (B) (B) The substitute consideration is in a form acceptable to the City Council. (Ord. 1102, passed 6-7-04)
CHAPTER 16.43:CHAPTER 16.85: CONDOMINIUMS AND CONVERSIONS Section
Division 1. Residential Condominiums and Conversions
16.85.010 16.43.010 Purpose
16.85.020 16.43.020 Applicability
16.85.030 16.43.030 Conditional use permit required
16.85.040 16.43.040 Application for residential condominium conversion project
16.85.050 16.43.050 Standards and criteria
16.85.060 16.43.060 Zone requirements
16.85.070 16.43.070 Development standards
16.85.080 16.43.080 Noise attenuation
16.85.090 16.43.090 Verification of sound class
16.85.100 16.43.100 Additional development standards
16.85.110 16.43.110 Notice - Residential condominium conversions
16.85.120 16.43.120 Right to purchase - Residential condominium conversions
16.85.130 16.43.130 Relocation assistance - Residential condominium conversions
16.85.140 16.43.140 Covenants, conditions and restrictions (CC&Rs) 560
16.85.150 16.43.150 Preconversion protection - Residential condominium conversions
16.85.160 16.43.160 Affordable rental units - Residential condominium conversions
16.85.170 16.43.170 Preservation of low-and-moderate income housing supply - Residential condominium conversions
16.85.180 16.43.180 Required findings - Residential condominium conversions
16.85.190 16.43.190 Conditions of approval - Residential condominium conversions
16.85.200 16.43.200 Capital contributions and warranties - Residential condominium conversions
16.85.210 16.43.210 Notice upon approval - Residential condominium conversions
16.85.220 16.43.220 Modification of residential condominium conversion development standards
Division 2. Commercial and Industrial Condominiums and Conversions
16.85.230 16.43.230 Application requirements
16.85.240 16.43.240 Standards conformance
16.85.250 16.43.250 Other standards and conditions
DIVISION 1: RESIDENTIAL CONDOMINIUMS AND CONVERSIONS
§ 16.43.010 § 16.85.010 PURPOSE.
(A) (A) Residential condominium projects and residential condominium conversion projects provide for individual ownership of separate dwelling units, which usually are in close proximity (either attached or detached) to one another. The area surrounding the dwelling units is a common area that is normally managed and maintained by the individual owners of dwelling units in accordance with the rules of an association agreement. This hybrid ownership, that mixes individual ownership and ownership in common, magnifies the impact upon the public health, safety, welfare, convenience, and economic prosperity of the larger community when conditions of poor land use and site planning, mismanagement, neglect and blight are allowed to occur. (B) (B) The city seeks to avoid the unique problems that beset residential condominium projects and residential condominium conversion projects and it further seeks to provide a varied choice of housing types and neighborhoods for all residents regardless of whether they are renters or owners.
Therefore, it is the express intent of the city to treat residential condominium projects and residential condominium conversion projects, which are usually owner occupied, differently from apartment projects and other like structures or projects, which usually provide rental forms of housing. (Ord. 1169, passed 2-5-07)
§ 16.43.020 § 16.85.020 APPLICABILITY.
The regulations set forth in this chapter apply to residential condominium projects, residential condominium conversions, and mobile home park condominium conversions. (Ord. 1169, passed 2-5-07)
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§ 16.43.030 § 16.85.030 CONDITIONAL USE PERMIT REQUIRED.
Residential condominium projects. All residential condominium projects require a valid conditional use permit issued in accordance with this Development Code. (Ord. 1169, passed 2-5-07)
§ 16.43.040 § 16.85.040 APPLICATION FOR RESIDENTIAL CONDOMINIUM CONVERSION PROJECT.
In addition to any other requirements in this Development Code, applications for a conditional use permit for a residential condominium conversion project require the following:
(A) (A) A site plan, which includes at least the location, number of stories, number of dwelling units, and proposed uses for each structure to remain and for each proposed new structure; (B) (B) The location and description for all private outdoor storage areas; (C) (C) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas and curb cuts;
(D) (D) The location, height and type of materials for walls or fences; (E) (E) The location of all landscaped areas, the type of landscaping, method of irrigation, and a statement specifying private or common open maintenance; (F) (F) The location and description of all recreational facilities; (G) (G) The location size and number parking spaces to be used in conjunction with each unit;
(H) (H) Floor plans, indicating the square footage and number of bedrooms per unit; (I) (I) Specific information concerning the demographic characteristics of the project, including, without limitation, the following:
(1) (1) A certified list of the names and addresses of all tenants residing in the proposed project at the time the application is filed;
(2) (2) Information concerning the existing tenants households, including family size, length of residence, and age of tenants;
(3) (3) Current rents for each unit;
(4) (4) Square footage and number of rooms in each unit; (5) (5) Approximate proposed price for which each unit would be sold; (6) (6) The pro forma budget proposed to be submitted to the State Department of Real Estate or a similar estimate of projected annual operating expenses for the project after conversion and proposed level of maintenance fees or assessments to be borne by individual unit owners prepared by a certified public accountant; and
(7) (7) Such additional information as may be reasonably required by the Planning Director.
(J) (J) A property report describing in detail the condition and useful life of the roof, foundations, exterior paint, insulation, paved surfaces, mechanical systems, electrical systems, plumbing systems, sewer systems, sprinkler systems for landscaping, utility delivery systems, center or community heating and air conditioning systems, fire protection systems including any automatic sprinkler systems, alarm systems, standpipe systems, structural elements and drainage systems of all existing buildings and 562
structures; such report must be prepared by a registered civil or structural engineer, or a licensed architect. The property report must list each built-in appliance (garbage disposals, dishwashers, water heaters, ranges, ovens and air conditioners) to be contained in each or any unit offered for sale and state whether the appliance is or will be new or used when the unit is first offered for sale. The report must also state the terms and nature of the warranty offered by the applicant on each such appliance. (K) (K) A descriptive report containing acoustical test data which indicates the noise attenuation characteristics of existing party walls and ceilings; the data for such report must include a sampling of at least 10% of the dwelling units involved, but in no case fewer than two dwelling units, and must be compiled by a person licensed in the field of acoustical testing and engineering. (L) (L) A structural pest control report on each structure and on each unit within a structure, describing in detail the presence and effects of any wood-destroying organisms, prepared by licensed pest-control operator.
(M) (M) Signed copies from each tenant of notice of intent to convert, as required by this Development Code. The subdivider must submit evidence that a certified letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted. (Ord. 1169, passed 2-5-07)
§ 16.43.050 § 16.85.050 STANDARDS AND CRITERIA.
(A) (A) Copy of reports. For residential condominium conversion projects, the subdivider must provide each prospective purchaser with a copy of the property report, acoustical report and structural pest control report (in their final acceptable form), and a copy of the conditional use permit with all conditions of approval prior to entering escrow. Copies of the reports and permits must be available at all times at the sales office and the project site. The permit and documents must be printed in Spanish if requested.
(B) (B) Code compliance investigation. For residential condominium conversion projects, the subdivider must request, and pay for, a code compliance inspection by the Building and Safety Department for all units in a project.
(C) (C) Covenants, conditions and restrictions (CC&Rs). Residential condominium and residential condominium conversions must submit CC&Rs to the city for approval at the time of the conditional use permit application. The CC&Rs must first be approved as to form and content by the City Attorney and then by the City Council at the time the Council takes action on the tentative map. The CC&Rs must include, without limitation, the conveyance of units; parking assignments; common area maintenance agreements, including facilities and landscaping; an estimate of any initial assessment fees anticipated for maintenance; description of how maintenance will be provided for all vehicle access areas; an allocation of appropriate responsibilities for maintaining all utility lines and services for each unit. In addition, the following provisions must be contained in the CC&Rs:
(1) (1) A residential condominium project or residential condominium conversion project consisting of three or more units must establish and maintain a home owners association.
(2) (2) An individual owner cannot avoid liability for the owner'sowner’s prorated share of the expenses for the common area by renouncing rights in the common area. (3) (3) Any additional conditions as may be required by the City Council. (4) (4) Any amendment or modification to the CC&Rs relating to the provisions required by the city, must have the approval of the City Council. (5) (5) The applicant must reimburse all costs for the city'scity’s review of the CC&Rs including, without limitation, attorney'sattorney’s fees. 563
(D) (D) Criteria. In considering residential condominium projects, the Planning Commission and City Council will utilize the following criteria:
(1) (1) The project should be a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and other areas for automobiles. (2) (2) Architectural unit and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute a negative disruption to the established fabric of the community.
(3) (3) The layout of structures and other facilities should be designed for maintenance and management of street, driveway, curb cut, utility and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources either directly or indirectly (e.g., gas, water, and electricity).
(4) (4) The project should be designed to maintain as much of the natural topography, large trees and environment as practicable. (5) (5) The configuration and orientation of the project should respect reasonable design limits imposed by the natural and manmade environment. Structures should be situated to take advantage of view, topography, sun and wind, while at the same time, not destroying these advantages for adjacent properties. Structures should also be situated to minimize or buffer any undesirable properties of the site such as street noise and nearby obnoxious commercial or industrial uses.
(6) (6) The layout of units and open space within the project should establish, through the use of structure and landscape materials, a perceptible spatial transition from the public street, through the semi-privacy of the common areas, to the privacy of the unit. Most importantly, the environment of each condominium unit should be private and free from visual, auditory and other intrusions.
(Ord. 1169, passed 2-5-07)
§ 16.43.060 § 16.85.060 ZONE REQUIREMENTS.
(A) (A) All residential condominiums must meet the standards for residential dwellings within the zone the project is proposed, or in the case of a conversion, where it exists, except as may be modified by this Development Code or through the conditional use permit. (B) (B) In multi-family zones, the project must meet the common and private usable open space requirements of the underlying zone.
(Ord. 1169, passed 2-5-07)
§ 16.43.070 § 16.85.070 DEVELOPMENT STANDARDS.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) (A) Off-street parking. Each unit must be provided with a two-car garage or carport or with two adjoining single-car garages or carports. One parking space per four units, which may be covered or uncovered, must be provided for guest parking. (B) (B) Private storage. Each unit must have at least 90 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets 564
customarily provided. Such space may be provided in any location approved by the city but cannot be divided into two or more locations.
(C) (C) Laundry facilities. A laundry area must be provided in each unit for new condominiums. For condominium conversion projects, laundry facilities may be provided in each unit or a common laundry area. If common laundry areas are provided, such facilities must consist of not less than one automatic washer and dryer for each five units or fraction thereof. A house panel and separate meters for gas and water must serve common laundry areas. (D) (D) Drip pans. Clothes washers, dish-washers, hot water heaters and any other appliance which the Building Official determines to be a potential source of water leakage or flooding must be installed with built-in drip pans and appropriate drains subject to the approval of the Building Official.
(E) (E) Utility meters. Each utility that is controlled by and consumed within the individual unit must be separately metered in such a way that the unit owner can be separately billed for its use. In the case of water, master meters for the project may be permitted, with the exception of water sprinklers, in certain projects in which the Planning Commission or the City Council finds that there will be a substantially uniform use of water by individual owners, provided each unit is individually plumbed and each is provided with an accessible location for future installation of a submeter. (F) (F) Circuit breakers. Each unit must have its own circuit breaker panel for all electrical circuits and outlets, which serve the unit. Circuit breaker panels must be accessible to occupants. (G) (G) Isolation of vibration and structure-borne noise. Isolation of vibration and sources of structure-borne noise in condominium projects where units have common walls, floors or ceilings must comply with the following:
(1) (1) Shock mounting of mechanical equipment. All permanent mechanical equipment such as motors, compressors, pumps and compactors which, because of their rotation, reciprocation, expansion and/or contraction, turbulence, oscillation, pulsation, impaction or detonation, is determined by the Building Official to be a source of structural vibration or structure-borne noise must be shock-mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the Building Official. Domestic appliances which are cabinet installed or built into the individual units, such as clothes washers and dryers, or other appliances which are determined by the Building Official to be a source of structural vibration or structure-borne noise, must be isolated from cabinets and the floor or ceiling by resilient gaskets and vibration mounts approved by the Building Official. The cabinets in which they are installed should be offset from the back wall with strip gasketing of felt, cork or similar material approved by the Building Official. Where such appliances utilize water, flexible connectors must be installed on all water lines. If the units can accommodate nonpermanent appliances such as clothes washers and dryers, then permanent rubber mounting bases and surface plates must be installed in a manner approved by the Building Official.
(2) (2) Location of plumbing fixtures. No plumbing fixture may be located on a common wall between two separate units where it would back up to a living room, family room, dining room, den or bedroom of an adjoining unit. For residential condominium conversion projects, where determined practicable by the Building Official, plumbing fixtures must be located on interior walls within the unit or on exterior walls of the project.
(3) (3) Isolation and insulation of lines. All water supply lines within the project must be isolated from wood or metal framing with pipe isolators specifically manufactured for that purpose and approved by the Building Official. In multi-story condominium projects, all vertical drainage pipes must be surrounded by three-quarter-inch thick dense insulation board or full thick fiberglass or wool blanket insulation for its entire length including the sections that pass through wood or metal framing. All vertical drainage pipes must be cast iron.
(4) (4) Drain waste and vents. All drain waste and vents must be separate, and connected only outside of the building.
565
(Ord. 1169, passed 2-5-07)
§ 16.43.080 § 16.85.080 NOISE ATTENUATION.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) (A) General. Wall and floor/ceiling assemblies separating units from each other or from public or quasi-public spaces such as interior corridors, laundry rooms, recreation rooms, and garages must provide airborne sound insulation for walls, and both airborne and impact sound insulation for floor/ceiling assemblies.
(B) (B) Airborne sound insulation. All wall assemblies must be of a type of construction that has a minimum rating of 55 STC (sound trans-mission class). All floor/ceiling assemblies must be of a type of construction that has a minimum rating of 55 STC. Wood floor joists and subflooring must not be continuous between separate condominium units. Penetrations or openings in the construction for piping, electrical outlets and devices, recess cabinets, bathtubs, soffits, heating, and ventilating or airconditioning intake and exhaust ducts, and the like must be sealed, lined, insulated or otherwise treated to maintain the required rating and such treatment must be approved by the Building Official. Entrance doors to the unit must be of solid construction and, together with perimeter seals, must have a minimum rating of 33 STC. Such perimeter seals must be maintained in effective operating condition. (C) (C) Impact sound insulation. All separating floor/ceiling assemblies must be of a type of construction that has a minimum rating of 65 IIC (impact insulation class). Floor coverings may be included in the assembly to obtain the required ratings, but must be retained as a permanent part of the assembly and may only be replaced by another floor covering that provides the same or greater impact insulation.
(Ord. 1169, passed 2-5-07)
§ 16.43.090 § 16.85.090 VERIFICATION OF SOUND CLASS.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
(A) (A) STC and IIC ratings must be based on the results of laboratory measurements and will not be subjected to field testing. The STC rating must be based on the American Society for Testing and Materials system specified in ASTM E90-66t or equivalent. The IIC rating must be based on the system in use at the National Bureau of Standards or equivalent. Ratings obtained from other testing procedures will require adjustment to the above rating systems. (B) (B) In documenting wall and floor/ceiling compliance with the required sound ratings, the applicant of the residential condominium project or residential condominium conversion must either:
(1) (1) Furnish the Building Official with data based upon tests performed by a recognized and approved testing laboratory; or
(2) (2) Furnish the Building Official with verified manufacturer'smanufacturer’s data on the ratings of the various wall and floor/ceiling assemblies utilized in the project. (C) (C) Field testing may be required for residential condominium conversions projects if the Building Official finds that it is necessary to verify the technical data submitted. (Ord. 1169, passed 2-5-07)
§ 16.43.100 § 16.85.100 ADDITIONAL DEVELOPMENT STANDARDS.
The following standards apply to both residential condominium projects and residential condominium conversion projects.
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(A) (A) All residential condominium and condominium conversion projects must comply with all applicable uniform codes as adopted by the city including without limitation fire, building, plumbing and electrical.
(B) (B) Fire-resistive separations. All separation between units must be one-hour fireresistive construction as a minimum. (C) (C) Energy conservation measures. Roof and ceiling assemblies must meet the R-30 insulation standards. Exterior openings must be weather-stripped. New or replacement windows must meet state energy standards. Exposed heating ducts and hot water piping and hot water tanks must be insulated. Every project must include energy conservation features such as high efficiency furnaces, low flow toilets and showerheads, as determined by the Building Official per the State Energy Code. (D) (D) All public improvements necessary to comply with city requirements must be constructed before the final map can be approved.
(E) (E) Seismic safety report. For residential condominium conversion projects only, a seismic safety report with recommended improvements must be provided. (F) (F) Appearance. For residential condominium conversion projects only, all main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas irrigation systems and additional elements as required by the City Council must be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. (Ord. 1169, passed 2-5-07)
§ 16.43.110 § 16.85.110 NOTICE - RESIDENTIAL CONDOMINIUM CONVERSIONS. (A) (A) Notice to the tenants within a proposed condominium or cooperative conversion must be as provided in Cal. Gov'tGov’t Code § 66427.1. The subdivider is responsible for any costs involved in complying with the provisions of this division. Conversion of a mobile home park to another use will require compliance with Cal. Gov'tGov’t Code § 66427.4. (B) (B) Written notices must also be mailed to each tenant residing in the project not less than ten days before the public hearing on the conditional use permit. (Ord. 1169, passed 2-5-07)
§ 16.43.120 § 16.85.120 RIGHT TO PURCHASE - RESIDENTIAL CONDOMINIUM CONVERSIONS.
Pursuant to Cal. Gov'tGov’t. Code § 66427.1, the subdivider must provide each tenant notice of an exclusive right to contract for the purchase of his or her respective unit upon the same terms and conditions that such unit will be initially offered to the general public. (Ord. 1169, passed 2-5-07)
§ 16.43.130 § 16.85.130 RELOCATION ASSISTANCE - RESIDENTIAL CONDOMINIUM CONVERSIONS.
The subdivider must provide relocation assistance to any tenant who was a resident of the building to be converted at least 60 days before the filing date of the tentative map, as well as on the date of final map approval, and who does not intend to purchase a unit. Such assistance must include the following:
(A) (A) The subdivider must provide each tenant with a complete and current list of available rental units within a three-mile radius of the building being converted, which are comparable in size, price and amenities. This list must be provided with the 180-day notice of tenancy termination as required in Cal. Gov'tGov’t Code § 66427.1.
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(B) (B) The subdivider must pay relocation assistance equaling the cost of three months rent, to each rental household at the time the 180-day notice of tenancy termination is given. If the tenant elects to purchase his or her unit, such relocation assistance must be applied to the cost of the unit. (C) (C) Any tenant over the age of 62, handicapped as defined in Cal. Health & Safety Code § 50072, disabled as defined in 42 USC § 423(d), and any successor statute or regulation, or residing with one or more minor dependent children, must be given an additional 60 days to relocate beyond the 180-day provision of the Government Code.
(D) (D) In conversion projects of 25 or more dwelling units, the developer must provide a relocation specialist to assist displaced tenants in finding new housing who must be on-site at least biweekly, beginning no later than 15 days after the approval of the tentative map by the city and continuing until the expiration of the tentative map or six months after the approval of the final map, whichever occurs first.
(Ord. 1169, passed 2-5-07)
§ 16.43.140 § 16.85.140 COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS).
In addition to the general requirements for CC&Rs set forth in this chapter, the following provisions must be contained in CC&Rs for residential condominium conversions:
(A) (A) For the period beginning with the sale of the first unit and continuing for a period of one year after the sale of 50% of the units the developer must fulfill all responsibilities of the association for maintenance of all facilities that may require maintenance during this period. The expiration of this period will not limit or relieve the developer from satisfactory performance of any agreements executed with the city.
(B) (B) The condominium must be managed by a professional manager or management firm for at least the first year following the date of the sale of the first unit. (Ord. 1169, passed 2-5-07)
§ 16.43.150 § 16.85.150 PRECONVERSION PROTECTION - RESIDENTIAL CONDOMINIUM CONVERSIONS.
From the date of application for a permit to convert, or until relocation takes place or the application is denied or withdrawn, but in no event for more than two years, no tenant can be unjustly evicted and no tenant'stenant’s rent can be increased more frequently than once every year nor in an amount greater than the annual increase in utility costs and insurance costs, plus increased operating costs not to exceed 2% a year. This limitation will not apply if rent increases are expressly provided for in leases or contracts in existence before the filing date of the conditional use permit for the conversion. (Ord. 1169, passed 2-5-07)
§ 16.43.160 § 16.85.160 AFFORDABLE RENTAL UNITS - RESIDENTIAL CONDOMINIUM CONVERSIONS.
If any of the units in the project are classified as "“affordable housing"” under this Development Code, a conditional use permit allowing for residential condominium conversion can be approved only with a condition requiring the project to have the same number and type of affordable units after conversion. Such condition will be secured with an appropriate covenant in a form approved by the City Attorney. All units subject to this affordability restriction must be owner-occupied, except as otherwise set forth in an approved affordable housing plan. Any such units that are retained by the original owner and not sold are subject to affordable rental restrictions as set forth in this Development Code. (Ord. 1169, passed 2-5-07)
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§ 16.43.170 § 16.85.170 PRESERVATION OF LOW-AND-MODERATE INCOME HOUSING SUPPLY - RESIDENTIAL CONDOMINIUM CONVERSIONS.
In order to reduce the effect of conversions on the city'scity’s housing supply and to minimize the displacement of tenants, the number of residential condominium conversion projects is limited as follows:
(A) (A) The current vacancy rate for rental units within the city is not less than 2.45%, as determined by the most recent Community Development Department survey, State of California Department of Finance or other reliable vacancy rate data acceptable to the city; or (B) (B) That mitigating circumstances exist which justify approval of the condominium conversion when the vacancy rate is lower than 2.45%. Consideration of mitigating circumstances must, at a minimum, include that new rental units are to be constructed which will replace those to be converted. The number of replacement units will equal or exceed the number of units proposed to be converted. Replacement units will be completed and occupancy permits issued before approval of the final map for the conversion; or that the conversion will help meet other city housing goals by providing a substantial percentage of its units at affordable prices and the provision of such housing opportunities outweighs any loss of rental units.
(Ord. 1169, passed 2-5-07)
§ 16.43.180 § 16.85.180 REQUIRED FINDINGS - RESIDENTIAL CONDOMINIUM CONVERSIONS.
In approving a conditional use permit for a residential condominium conversion project, the Planning Commission or City Council must find that the proposed residential condominium conversion project would not adversely affect the supply and availability of rental housing in the city or within a specified area in the city and make the following findings:
(A) (A) All provisions of this title and the Subdivision Map Act are met, including all notices required pursuant to Cal. Gov'tGov’t Code § 66427.1; (B) (B) The proposed conversion is consistent with the General Plan; (C) (C) The proposed conversion will conform to this Development Code, in effect at the time of tentative map approval, except as otherwise provided in this chapter; (D) (D) The overall design and physical conditions of the condominium conversion achieves a high degree of appearance, quality and safety; and (E) (E) The current vacancy rate for rental units within the city is not less than 2.45% except as otherwise provided in the chapter.
(Ord. 1169, passed 2-5-07)
§ 16.43.190 § 16.85.190 CONDITIONS OF APPROVAL - RESIDENTIAL CONDOMINIUM CONVERSIONS.
All conditional use permits allowing residential condominium conversion projects are subject to all of the following conditions in addition to those deemed necessary by the Planning Commission or City Council:
(A) (A) All tenants must be given a minimum of 180 days notice to vacate the premises in accordance with applicable law. Such notice does not restrict the exercise of lawful remedies pertaining to, without limitation, tenants'’ default in the payment of rent or the defacing or destruction of all or part of the rented premises.
(B) (B) The property owner must request and receive inspection of individual dwelling units from the Building Department before sale or reoccupancy of each unit. 569
(C) (C) In the case of the conversion of a mobile home park to any other use, the person proposing such a change of use must file a report with the city and the tenants on the impact of the conversion upon the displaced residents of the mobile home park to be converted as provided for in Cal.
Gov'tGov’t Code § 65863.7. The city will have the right to require the person proposing the conversion to mitigate any adverse impacts of the conversion on the ability of the displaced residents to find adequate space in a mobile home park.
(Ord. 1169, passed 2-5-07)
§ 16.43.200 § 16.85.200 CAPITAL CONTRIBUTIONS AND WARRANTIES - RESIDENTIAL CONDOMINIUM CONVERSIONS.
Without limiting the generality of the provisions relating to conditions that may be imposed on a conditional use permit under this title, the City Council may include the following in any conditional use permit issued pursuant to this chapter:
(A) (A) A capital contribution provided by the subdivider to the association for the deferred maintenance of the common area and the deferred maintenance or replacement of any of the elements described in the property report, which are owned or maintained by the association. The information regarding the estimated replacement cost of those elements whose useful life is less than five years may be used in determining the amount of such contribution. (B) (B) A one-year warranty provided free of charge by the subdivider to the association for those systems described in the property report which are owned or maintained by the association.
Such warranty need not cover those systems, which may be covered by a substantial capital contribution by the developer for deferred maintenance.
(C) (C) A one-year warranty provided free of charge by the subdivider to the first purchaser of each unit on dishwashers, garbage disposals, stoves, refrigerators, hot water tanks, heating systems, and air conditioners provided therein as of the close of escrow. (Ord. 1169, passed 2-5-07)
§ 16.43.210 § 16.85.210 NOTICE UPON APPROVAL - RESIDENTIAL CONDOMINIUM CONVERSIONS.
(A) (A) Written notices must be mailed to all tenants residing in the project within ten days after the approval of any conditional use permit allowing a residential condominium conversion project.
(B) (B) Such notice must state all of the conditions of approval of the conditional use permit.
(Ord. 1169, passed 2-5-07)
§ 16.43.220 § 16.85.220 MODIFICATION OF RESIDENTIAL CONDOMINIUM CONVERSION DEVELOPMENT STANDARDS.
The City Council can modify the development standards on residential condominium projects or residential condominium conversion projects through the conditional use permit if, based upon substantial evidence, the City Council finds that the modification will not be materially detrimental to the proposed residents of the projects or to residents of surrounding properties; the modification is not materially detrimental to public health or safety; and that the modification helps implement the goals of the General Plan.
(Ord. 1169, passed 2-5-07)
DIVISION 2: COMMERCIAL AND INDUSTRIAL CONDOMINIUMS AND CONVERSIONS § 16.43.230 § 16.85.230 APPLICATION REQUIREMENTS.
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All commercial and industrial condominium and cooperative or condominium and cooperative conversion projects require a conditional use permit and must comply with all provisions of the subdivision regulations of the city and the Subdivision Map Act. (Ord. 1169, passed 2-5-07)
§ 16.43.240 § 16.85.240 STANDARDS CONFORMANCE.
All commercial and industrial condominiums and cooperatives, whether being constructed or converted, must comply with the standards set forth below unless, in the opinion of the Planning Commission or City Council, the strict adherence to these standards is unreasonable or impossible and the project should still be approved for other reasons based upon substantial evidence. (A) (A) Unit Separation Walls. All unit separation walls must be of one-hour fire-resistive construction as a minimum.
(B) (B) Utility Metering. All units must be separately metered for all public utilities unless findings can be made by the Planning Commission or the City Council that utility usage will be nearly uniform for all units within the project.
(C) (C) Meter Rooms. Any meter rooms must have an outside access point, which is available to all units without the necessity of entering another unit. (D) (D) Restroom Facilities. Each unit must have individual restroom facilities. If, in the opinion of the Planning Commission or City Council, such facilities cannot be provided, community restroom facilities may be provided if those facilities are available to each unit without the necessity of entering another unit.
(Ord. 1169, passed 2-5-07)
§ 16.43.250 § 16.85.250 OTHER STANDARDS AND CONDITIONS.
The project must meet all of the development standards required of properties within the zone in which the project is located as well as any other conditions which may be imposed as a part of the conditional use permit or subdivision approval.
(Ord. 1169, passed 2-5-07)
CHAPTER 16.44:CHAPTER 16.96: GRADING PERMITS
Section
16.96.010 16.44.010 Purpose and intent
16.96.020 16.44.020 Applicability
16.96.030 16.44.030 Grading permit required
16.96.040 16.44.040 Grading permit application
16.96.050 16.44.050 Grading permit issuance and conditions
16.96.060 16.44.060 Performance security
16.96.070 16.44.070 Time limits and extensions
16.96.080 16.44.080 Inspections during grading operations
16.96.090 16.44.090 Inspections and final report
§ 16.44.010 § 16.96.010 PURPOSE AND INTENT.
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The purpose of Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16 is to establish minimum requirements for the grading of properties both in hillside and other environments. These requirements are intended to minimize hazards affecting people and properties from adverse slope, erosion, and drainage conditions; protect the integrity and diversity of natural environments, and the animals living in these environments; and preserve and enhance the scenic qualities and aesthetic character of the city.
(Ord. 1103, passed 3-7-05)
§ 16.44.020 § 16.96.020 APPLICABILITY.
(A) (A) The provisions of Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16 apply to all excavation, fill, or other grading activities regardless of whether a grading permit is required, unless alternate grading and erosion control standards have been established for a particular site through the adoption of a specific plan. (B) (B) Every map approved pursuant to this Title 16 will be conditioned on compliance with the requirements for grading and erosion control, including the prevention of sedimentation or damage to off-site property, as set forth in the Building Code. (C) (C) The provisions of Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16 will not apply to work accomplished under the auspices of, or on land owned or controlled by, the United States of America or by the State of California. (Ord. 1103, passed 3-7-05)
§ 16.44.030 § 16.96.030 GRADING PERMIT REQUIRED.
(A) (A) Permit required. No person may commence or perform any grading or relocation of earth, and no person may import or export any earth materials to or from any grading site without first having obtained the appropriate development permit and/or final recorded tract map, and without first having received a grading permit from the City Engineer or Building Official, as required by provisions of this chapter.
(B) (B) Grading on adjacent property. Upon approval by the City Engineer or Building Official, grading may be performed on property for which required permits or entitlements have not been granted, if such grading is necessary to development on adjacent property for which such permits or entitlements have been granted.
(C) (C) Exceptions. The following activities are exempt from the requirement for a grading permit:
(1) (1) An excavation which does not exceed 50 cubic yards or is less than two feet in depth, or which does not create a cut slope greater than five feet in height and steeper than 2:1, unless the cut slope is made in an area of adverse geological conditions. (2) (2) A fill less than one foot in depth and placed on natural terrain with a slope flatter than 5:1, or a fill less than three feet in depth not intended to support structures, provided such fill does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. (3) (3) Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools, or other structures authorized by a valid building permit. This will not exempt any fill made with materials from such excavations or exempt any excavation having an unsupported height greater than five feet after the completion of such structures. (4) (4) Mining, quarrying, excavating, processing, and the stockpiling of rock sand, or gravel aggregate or clay, provided a valid surface mining permit has been issued by the city pursuant to Chapters 16.10016.48 through 16.10416.50 (Surface Mining and Reclamation) of this Title
16. 572
(5) (5) The depositing of rubbish or other materials at any dump or sanitary landfill approved by and operating pursuant to the requirements, rules, and other applicable local, state, and federal regulations. Such exemption will not extend, however, to surrounding berms, permanent access roads to the site, permanent building sites, or protective drainage works. (6) (6) The construction of dams or reservoirs regulated or owned by the state and the federal governments.
(7) (7) The temporary stockpiling of quarried or mined products or earth for future processing, disposal, or sale, but only insofar as such operations are conducted at a distance of more than 100 feet inside the outer property line of any parcel of land held in a single ownership, and further provided such stockpiling is authorized by applicable land use permits. (8) (8) Fanning and agricultural grading operations on parcels in a single ownership which are
larger than ten acres, and are zoned and used primarily for agricultural and/or soil and water conservation work under the direct control of the United States Department of Agriculture Soil Conservation Service. Fanning and agricultural grading operations will not be interpreted to include:
(a) (a) The construction of water- impounding structures of earth (which are not under the direct control of the United States Department of Agriculture Soil Conservation Service), where the maximum depth to which water is or may be impounded is five feet or greater, or (b) (b) The excavation and/or filling of earth on which a structure requiring a building permit is to be supported.
(9) (9) Grading operations conducted by the city for capital improvement projects approved by the Council.
(10) (10) Exploratory borings and trenches made for soil engineering and engineering geological investigations.
(11) (11) Routine excavations and fills for cemetery graves. (12) (12) Any grading operation conducted during a period of emergency or disaster and which is directly connected with or related to the relief of conditions caused by such emergency or disaster.
(Ord. 1103, passed 3-7-05)
§ 16.44.040 § 16.96.040 GRADING PERMIT APPLICATION.
(A) (A) Application requirements. An application for a grading permit and all required permit fees must be filed with the City Engineer or Building Official on forms provided by the city and in accordance with the terms set forth on the form. Except as waived by the City Engineer or Building Official for minor grading, the plans must be prepared and signed by a civil engineer, soils engineer, and, where applicable, engineering geologist, and/or landscape architect, and must show the following:
(1) (1) A vicinity sketch or other data adequately indicating the site location. (2) (2) The property lines and dimensions and bearings of the property on which the work is to be performed.
(3) (3) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any building or structure on the land of adjacent property owners, where such building or structure is within 50 feet of the property boundary. (4) (4) Identification of any tree or trees protected by the provisions of Chapter
16.232 (Tree Removal Permit) of this Title 16, including those trees for which removal has been expressly 573
allowed. The location of such trees must be precisely depicted on the plan, indicating the location of the exact center of the trunk, based upon a field survey by a licensed surveyor. Trees to remain must be permanently marked with numbered tags at a location three feet above the natural grade in a manner acceptable to the Public Works Director. The plan must indicate such tag number for each tree, the diameter of the trunk of each tree, the existing ground elevation of the downhill side of the tree, a specific reference to its habit of branching (i.e., low branching restricting movement to the southeast), and the ground plane projections the natural drip line of the tree, as determined by a physical survey. The plan must indicate the proposed disposition of each such tree. (5) (5) Accurate topography showing suitable contours of the existing ground.
The contours must be extended past the boundary lines of any project for a minimum of 100 feet. The City Engineer or Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development. (6) (6) The deviations, dimensions, locations, extent, and slopes of all proposed grading, shown by contours or other means.
(7) (7) A certification of the quantity and type of material of the excavation and fill involved, and the estimated starting and completion dates. (8) (8) Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with or as a part of the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations must be signed by a civil engineer. (9) (9) Any special reports, such as geotechnical, soils, or groundwater, required by the City Engineer or Building Official.
(10) (10) An indication as to the type of structure to be constructed or proposed use of the site, such as single-family residence, multiple-family residence, or commercial or industrial building.
(11) (11) Any additional plans, drawings, or calculations required by the City Engineer or Building Official to facilitate review of the grading plan. (B) (B) Environmental review. Grading permit applications are subject to review under the California Environmental Quality Act, or CEQA (Cal. Pub. Res. Code §§ 21000 et seq.), the Guidelines for the California Environmental Quality Act (Cal. Gov'tGov’t Code §§15000 et seq.), and the city'scity’s own CEQA guidelines, except as may be exempted by these statutes and regulations. Any such required review will be conducted in conjunction with review of a grading permit application, unless proposed grading has previously been reviewed as part of an approved land use permit pursuant to this Title 16.
(Ord. 1103, passed 3-7-05)
§ 16.44.050 § 16.96.050 GRADING PERMIT ISSUANCE AND CONDITIONS. (A) (A) Findings required for approval. Grading projects may be approved and grading permits issued only when the City Engineer or Building Official makes all of the following findings:
(1) (1) The proposed grading conforms to all applicable requirements set forth in Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16; (2) (2) The proposed grading conforms with all applicable provisions of the General Plan, any applicable specific plan, and any applicable associated discretionary approval issued pursuant to this Title 16;
(3) (3) Any permits required by county, state, or federal agencies for the proposed grading have been obtained;
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(4) (4) Appropriate environmental review pursuant to the California Environmental Quality Act has been completed;
(5) (5) The proposed grading will not endanger any private property or present hazards to human life;
(6) (6) The proposed grading will not result in the deposit of debris on any public property, create erosion hazards, or interfere with any existing drainage course; and (7) (7) The proposed grading will achieve the city'scity’s aesthetic goals for protection of viewsheds and scenic resources.
(B) (B) Grounds for denial. If the City Engineer or Building Official is unable to make all of the findings cited in paragraph (A) above and/or the area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit will be denied. (C) (C) Conditions. In granting any permit pursuant to the provisions of this chapter, the City Engineer, Building Official, or their authorized representatives may attach such conditions as may be reasonably necessary to prevent the creation of a nuisance or hazard to public or private property. Such conditions may include, but will not be limited to:
(1) (1) The improvement of any existing grading to bring it up to the standards of this chapter;
(2) (2) Requirements for the fencing of excavations or fills which would otherwise be hazardous;
(3) (3) Control of dust, erosion, water runoff, noise, and construction traffic; (4) (4) Protection of trees pursuant to the provisions of Chapter 16.232 (Tree Removal Permit) of this Title 16; and
(5) (5) Mitigation of any adverse environmental impacts identified through associated CEQA documentation.
(Ord. 1103, passed 3-7-05)
§ 16.44.060 § 16.96.060 PERFORMANCE SECURITY.
A grading permit will not be issued until the permittee posts with the office of the City Engineer or Building Official a bond or cash deposit to insure compliance with the provisions of Chapters 16.9616.44 through 16.9816.46 (Grading and Erosion Control) of this Title 16 and all conditions imposed on behalf of the city.
(Ord. 1103, passed 3-7-05)
§ 16.44.070 § 16.96.070 TIME LIMITS AND EXTENSIONS.
(A) (A) Time limit.
(1) (1) Once a grading permit has been issued, the permittee must fully perform and complete all of the approved work pursuant to the grading permit within the time limit specified in the permit. Once grading has commenced, it must be pursued with diligence so as to complete the operation within a reasonable period of time. (2) (2) If there is a cessation of grading activity for a period in excess of 60 days, the city may utilize the bonds posted to guarantee performance to complete the grading. The cessation of grading activity between November 1 and April 15 due to heavy rainfall will not be cause for the city to utilize the bonds to complete the grading.
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(B) (B) Extensions. If the permittee is unable to complete the work within the specified time, he or she may, prior to the expiration of the permit, submit a written request for an extension of time in which to complete the work. If, in the opinion of the City Engineer or Building Official, sufficient justification is shown, the time specified on the permit may be extended for a period of up to 180 days or as approved by the City Engineer or Building Official, but no such extension will release any surety upon the bond.
(Ord. 1103, passed 3-7-05)
§ 16.44.080 § 16.96.080 INSPECTIONS DURING GRADING OPERATIONS. (A) (A) The City Engineer, the Building Official, the Planning Director, the City Council, and the surety company, or their duly authorized representatives, must have access to the premises described in the grading permit for the purposes of inspecting progress of the work. In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his or her behalf, must have the right to go upon the premises to complete the required work, including installation of temporary erosion control devices and landscaping as required by the provisions of Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16. (B) (B) It will be unlawful for the owner or any other person to interfere with the ingress or egress from such premises of any authorized representative or agent of any surety company or the city engaged in the work ordered by the City Engineer, Building Official or the City Council. (Ord. 1103, passed 3-7-05)
§ 16.44.090 § 16.96.090 INSPECTIONS AND FINAL REPORT.
(A) (A) Inspections authorized. All construction or work for which a permit is required will be subject to inspections by authorized employees of the city, and certain types of work to be determined by the City Engineer or Building Official will have either continuous inspection and supervision by a registered civil engineer, soils engineer, engineering geologist, and/or other appropriate consultants as a condition of the issuance of the grading permit. Prior to issuing a grading certificate, a final inspection will be made of all construction or work for which a permit has been issued. (B) (B) Exposure of work. Whenever any work on which called inspections are required, as specified in this section, is covered or concealed by additional work without having first been inspected, the City Engineer or Building Official may, by written notice, require that such work be exposed for examination. The work of exposing and recovering will not entail expense to the city. (C) (C) Notices. The permittee or his or her agent must notify the City Engineer or Building Official at least 24 hours in advance of the time when the grading operation is ready for each of the following inspections:
(1) (1) Initial inspections. When the permittee is ready to begin work but before any grading or brushing is started;
(2) (2) Toe inspections. After the natural ground is exposed and prepared to receive fill but prior to the placing of any fill. Approval for placing fill must not be made until all debris and unsuitable material has been removed from the site to an approved location; (3) (3) Subdrain inspections. Inspections will be required on all subdrains after the installation but prior to the placement of any fill; (4) (4) Excavation inspections. After the excavation is started but before the vertical depth of the excavation exceeds ten feet;
(5) (5) Fill inspections. After the fill emplacement is started but before the combined vertical height of the lift exceeds ten feet;
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(6) (6) Drainage device inspections. After the forms, steel reinforcement, and pipe are in place but before any concrete is placed;
(7) (7) Rough grading. When all the rough grading has been completed. This inspection may be called for at the completion of the rough grading without the necessity of the City Engineer or Building Official having previously reviewed and approved applicable reports; (8) (8) Rough grading certification. A conditional interim certificate may be issued to the Public Works Department to allow the issuance of building permits. This certificate will in no way exonerate the applicant from completing the grading; (9) (9) Final certification. When all work, including the installation of all drainage structures, other protective devices, the compaction of trench backfill, and planting and slope stabilization, has been completed and the "“as built"” plan and required reports have been submitted; (10) (10) Other inspections. In addition to the called inspections provided by this section, the City Engineer or Building Official may make any other inspections of any work to ascertain compliance with the provisions of this chapter and other laws; and (11) (11) Interrupted grading. When the permittee is ready to resume work, but before any grading or brushing is started, the permittee or his or her agent must notify the City Engineer or Building Official 24 hours in advance of the time when the grading operation is ready. (D) (D) Issuance of certificates. Upon the final inspection, when it is found that the work authorized
by the grading permit, including the installation of a drainage structures, has been satisfactorily completed in accordance with the requirements of Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16, a grading certificate covering such work will be issued to the permittee by the City Engineer.
(E) (E) Final reports. Upon the completion of the work, the City Engineer may require the following reports and information:
(1) (1) A report from a registered civil engineer certifying that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and the provisions of Chapters 16.9616.44 through 16.9916.47 (Grading and Erosion Control) of this Title 16 and that the graded site will support residential or commercial type structures, whichever is applicable; (2) (2) A soils engineering report including, but not limited to, certification of the soil bearing capacity, summaries of field and laboratory tests, locations of tests, expansive soil classification lot by lot, and slope tests taken in the fills showing the limits of compacted fill on an "“as built"” grading plan;
(3) (3) An engineering geology report by the engineering geologist, based on the final contour map, including specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map, cross sections, and any recommendations necessary must be included; and
(4) (4) When "“as built"” grading plans are required, as determined by the City Engineer, such plans must be signed by the supervising civil engineer, the soils engineer, and the engineering geologist, when applicable, for their portions of the work. (Ord. 1103, passed 3-7-05)
CHAPTER 16.45:CHAPTER 16.97: GRADING REGULATION
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Section
16.97.010 16.45.010 Excavations
16.97.020 16.45.020 Fills
16.97.030 16.45.030 Slope setbacks
16.97.040 16.45.040 Grading designation and inspection
16.97.050 16.45.050 Reports and statements, engineered grading § 16.45.010 § 16.97.010 EXCAVATIONS.
(A) (A) Maximum slope. Cuts must not be steeper in slope than two horizontal units to one vertical unit. The City Engineer or Building Official may allow a slope greater than 2:1 for special circumstances or site conditions. Before the City Engineer or Building Official may allow a greater slope, the owner must furnish a geotechnical engineering or an engineering geology report, or both, as requested by the City Engineer or Building Official, stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.
Substantiating calculations and supporting data may be required where the City Engineer or Building Official determines that such information is necessary to verify the stability and safety of the proposed slope.
(B) (B) Slope surface protection. All slopes must be stabilized against surface erosion.
Stabilization may be accomplished through the application of erosion control blankets, soil stabilizers or other means as approved or directed by the City Engineer or Building Official. (C) (C) Drainage. Drainage, including drainage terraces and overflow protection, must be provided as required by Chapter 16.9916.47 of this Title 16. (Ord. 1103, passed 3-7-05)
§ 16.45.020 § 16.97.020 FILLS.
(A) (A) Compaction. Fill must be compacted throughout their full extent to a minimum of 90% of maximum density as determined by ASTM Soil Compaction Test D 1557-91, where applicable; where not applicable a test acceptable to the City Engineer or Building Official must be used. Field density must be determined by a method acceptable to the City Engineer or Building Official. (1) (1) Fill slopes steeper than two horizontal to one vertical must be constructed by the placement of soil a sufficient distance beyond the proposed finish slope to allow compaction equipment to operate at the outer surface limits of the final slope surface. The excess fill is to be removed prior to completion or rough grading. Other construction procedures may be utilized when it is first shown to the satisfaction of the City Engineer or Building Official that the angle of slope, construction method and other factors will accomplish the intent of this section. (2) (2) Fills not intended to support structures are not required to be compacted to these standards if the City Engineer or Building Official determines that such compaction is unnecessary as a safety measure. In making this determination, the City Engineer or Building Official may require that the owner provide a report from a soils engineer establishing the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage. (3) (3) Slope surfaces may be prepared for planting by scarifying, by the addition of top soil, or by other methods, provided such slopes when so prepared otherwise comply with the requirements of this section.
(B) (B) Preparation of ground. The existing ground surface must be prepared to receive fill by removing vegetation, noncomplying fill or other incompetent material. Where the slope of the 578
existing ground surface is five horizontal to one vertical or steeper, the fill must be supported on level benches cut into competent material. The bench under the toe of a fill on a slope steeper than five to one must be at least ten feet wide. The area beyond the toe of fill must be sloped for sheet overflow or a paved drain must be provided. When fill is to be placed over a cut, the bench under the toe of fill must be at least ten feet wide, but the cut must be made before placing the fill and before acceptance by the geotechnical engineer or engineering geologist, or both if applicable, as a suitable foundation for fill.
Daylight lines indicating a transition between fill and natural ground or fill and excavation are not allowed within the building area of a graded pad unless approved by the City Engineer or Building Official based on special circumstances or site conditions. Except where recommended by the geotechnical engineer or geologist as not being necessary and approved by the City Engineer or Building Official, subdrains must be provided under all fills placed in natural drainage courses and in other locations where seepage is evident. Such subdrainage systems must be of a material and design approved by the geotechnical engineer and acceptable to the City Engineer or Building Official. The permittee must provide continuous inspection during the process of subdrain installation to conform with approved plans and geotechnical engineer'sengineer’s recommendation. Such inspection must be done by the soil testing agency. The location of the subdrains must be shown on a plan by the geotechnical engineer. Excavations for the subdrains must be inspected by the geologist when such subdrains are included in the recommendations of the geologist.
(C) (C) Fill slope. The City Engineer or Building Official may allow a slope of steeper than 2:1 for special circumstances or site conditions. The steepness of fill slopes must be determined by a soil engineer who must submit soil test data and engineering calculations to substantiate to the satisfaction of the City Engineer or Building Official the stability of the fill slope and slope surface under conditions of saturation.
(D) (D) Fill material. Detrimental amounts of organic material are not permitted in fills.
Soil containing small amounts of roots may be allowed if the roots are in a quantity and distributed in a manner that is not detrimental to the future use of the site, and the use of the material is approved by the soil engineer and the City Engineer or Building Official. No rock or similar irreducible materials with a maximum dimension greater than 12 inches can be buried or placed in fills except as recommended by the soil engineer, approved by the City Engineer or Building Official and meeting the following requirements:
(1) (1) The oversized material must be placed ten feet or more below finish grade;
(2) (2) A representative of the soil engineer must be present while the oversized material is placed and covered;
(3) (3) The reports submitted by the soil engineer must acknowledge the placement of the oversized material and whether the work performed is in accordance with his or her recommendations and the approved plans; and
(4) (4) The location of oversized rock dispersal areas must be shown on the as-built plan.
(5) (5) Stockpiled soil, sand or gravel must be covered or stabilized as to prevent erosion by wind or water.
(E) (E) Drainage. Drainage, including drainage terraces and overflow protection, must be provided as required by Chapter 16.9916.47 of this Title 16. (F) (F) Slopes to receive fill. Where fill is to be placed above the top of an existing slope steeper than three horizontal to one vertical, the toe of the fill must be set back from the top edge of the slope a minimum distance of six feet measured horizontally or such other distance as may be specifically recommended by a soil engineer or engineering geologist and approved by the City Engineer or Building Official. Fills must not toe out on slopes steeper than two horizontal to one vertical. 579
(G) (G) Inspection of fill. For engineered grading, the soil engineer must provide sufficient inspections during the preparation of the natural ground and the placement of compaction of the fill to be satisfied that the work is being performed in accordance with the conditions of plan approval and the appropriate requirements of this Code. In addition to the above, the soil engineer must be present during the entire fill placement and compaction of fills that will exceed a vertical height or depth of 30 feet or result in a slope surface steeper than two horizontal to one vertical. (H) (H) Testing of fills. Sufficient tests of the fill soils must be made to determine the density thereof and to verify compliance of the soil properties with the design requirements, including soil types and shear strengths in accordance with the standards established by the City Engineer or Building Official. The results of such testing must be included in the report required by this chapter. (Ord. 1103, passed 3-7-05)
§ 16.45.030 § 16.97.030 SLOPE SETBACKS.
(A) (A) General requirements. Cut and fill slopes must be setback from site boundaries in accordance with this section. Setback dimensions must be horizontal distances measured perpendicular to the site boundary. The grading design must require that the property line between adjacent lots will be at the apex of the berm at the top of the slope. Property lines between adjacent lots cannot be located on a graded slope equal to five horizontal to one vertical or steeper. (B) (B) Top of cut slope. The top of cut slopes must not be made nearer to a site boundary line than one-fifth of the height of cut with a minimum of two feet and a maximum of ten feet.
The setback may need to be increased for any required intercepter drains. (C) (C) Toe of fill slope. The toe of a fill slope must not be made nearer to the site boundary line than one-half of the height of the slope with a minimum of two feet and a maximum of 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed to such grading, special precautions must be incorporated in the work as the City Engineer or Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:
(1) (1) Additional setbacks;
(2) (2) Provision for retaining or slough walls;
(3) (3) Mechanical or chemical treatment of the fill slope surface to minimize erosion; or
(4) (4) Provisions for the control of surface waters.
(D) (D) Modification of slope location. The setback and other restrictions imposed by this section may be increased where unusual soil or geologic conditions make such increase necessary for safety or stability or may be modified upon investigation and recommendation by a soil engineer or geologist where such modification will provide equivalent safety, stability and protection, and the City Engineer or Building Official so finds.
(Ord. 1103, passed 3-7-05)
§ 16.45.040 § 16.97.040 GRADING DESIGNATION AND INSPECTION. (A) (A) General. Grading involving a fill intended to support structures, or the development of more than one lot or parcel of land, or in excess of 5,000 cubic yards of material, or grading where the City Engineer or Building Official determines special conditions or unusual hazards exist must conform with subsection (D) of this section. Grading other than engineered grading must be designated regular grading.
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(B) (B) Regular grading requirements. The grading must be inspected by the City Engineer or Building Official as set forth in subsection (C) of this section. The City Engineer or Building Official may require inspection and testing by a soil testing agency. If required, the soil testing agency'sagency’s responsibility will include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills. (C) (C) Inspection of excavation and fills.
(1) (1) The City Engineer or Building Official, upon notification from the permittee or his or her agent, will inspect the grading at the following stages of the work and must either approve the portion then completed or must notify the permittee or his or her agent wherein it fails to comply with the requirements of this Code.
(a) (a) Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill can be placed prior to this inspection.
(b) (b) Rough. When approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; berms installed at the top of the slopes; and the statements required have been received. (c) (c) Final. When grading has been completed; all drainage devices installed: slope planting established, irrigation systems installed; and the as-graded plans and required statements and reports have been submitted.
(2) (2) In addition to the called inspections specified above, the City Engineer or Building Official may make such other inspections as he or she may deem necessary to determine that the work is being performed in conformance with the requirements of this Code. Investigation and reports by an approved soil testing agency, soils engineer and/or engineering geologist may be required. (D) (D) Engineered grading requirements.
(1) (1) For engineered grading, it is the responsibility of the persons listed below to perform the designated functions and provide reports as required by § 16.97.05016.45.050.
These responsibilities and
functions are in addition to those of the City Engineer or Building Official as set forth in subsection (C) of this section:
(a) (a) Design engineer. The design engineer will prepare the grading plans and will incorporate recommendations from the sail engineering geology reports on such plans.
(b) (b) Field engineer. The field engineer will establish and approve line, grade and surface drainage. At the completion of the rough grading and final grading, the field engineer must submit the statements and reports required by § 16.97.05016.45.050. (c) (c) Soil engineer. The soil engineer will provide professional inspection within such engineer'sengineer’s area of technical specialty, which will include observation during grading and testing for required compaction. The soil engineer must provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this Code. Revised recommendations relating to conditions noted during grading and differing from the approved soils engineering and engineering geologic reports must be coordinated with the engineering geologist and submitted to the permittee, the Building Official. (d) (d) Engineering geologist. The engineering geologist will provide professional inspection within such geologist'sgeologist’s area of technical specialty, which will include 581
professional inspection of bedrock excavation or excavations of subdrains, buttress fills, and shear keys to determine that conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved geology reports must be submitted to the soils engineer.
(e) (e) Grading contractor. The grading contractor will submit the statement required by at the completion of rough grading. (f) (f) Planting and irrigation. When planting and irrigation is required by § 16.99.02016.47.020, the statement required by § 16.97.05016.45.050 must be submitted prior to the final approval of the grading by the City Engineer or Building Official. (2) (2) Reports that reflect conditions which are not in agreement with the approved grading plans must be submitted to the field engineer and the City Engineer or Building Official by the appropriate consultants.
(E) (E) Non-inspected grading. No person may own, use, or maintain any non-inspected graded property. For the purposes of this Code, non-inspected grading is defined as any grading for which a grading permit was first obtained, but which has progressed beyond any point requiring inspection and approval by the City Engineer or Building Official without such inspection and approval having been obtained.
(F) (F) Notification of nonconformance.
(1) (1) If, in the course of fulfilling their responsibility under this chapter, the field engineer, soil engineer or geologist finds that the work is not being done in conformance with this chapter or the plans approved by the City Engineer or Building Official, or in accordance with good accepted practices, the person in charge of the grading work and the City Engineer or Building Official must be immediately notified in writing of the nonconformity and of the corrective measures to be taken. (2) (2) All uncertified fills and nonconforming grading must be recorded on the title of the property so that any future buyer will be aware of the situation. This recordation may only be removed when the City Engineer or Building Official determines conformance. No building permits will be granted until the fill and/or grading is in conformance. (G) (G) Termination of services. The termination of the services of the field engineer, soil engineer or geologist prior to the completion of the work shown on the approved grading plan must be reported to the City Engineer or Building Official in writing within 48 hours. The report must be by the person terminated and must include the status of the work at the last inspection. The work must be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for verification upon completion of the work. (H) (H) Violation. It is a violation of this Code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer or Building Official to be in substantial noncompliance with the approved design or code requirement at the time of verification.
(Ord. 1103, passed 3-7-05)
§ 16.45.050 § 16.97.050 REPORTS AND STATEMENTS, ENGINEERED GRADING. (A) (A) General. The reports and statements set forth in this section are those required for engineered grading. The City Engineer or Building Official may waive the requirement for a report or statement when such report or statement is found to be unnecessary for the approval of the graded site.
Nothing in this section may be deemed to waive the requirement for reports or statements by other provisions of this Code.
(1) (1) The statement required by this section supplement the records of the City Engineer or Building Official. These forms may be duplicated and the letterhead of the responsible 582
person may be utilized. Final approval of grading by the City Engineer or Building Official cannot be given until all required maps, statements and reports have been submitted. (2) (2) Where reference is made to initial, rough or final grading, it means those stages of construction set forth in § 16.97.04016.45.040. (B) (B) Field engineer. At the completion of rough grading and final grading, the field engineer must submit a statement that work is in conformance with the approved plans. A final contour map (as-built plan) must be submitted unless the work has been completed in close agreement with the approved plan.
(C) (C) Soil engineer. At the completion of rough grading, the soil engineer must submit a statement that the portion of the work concerning the preparation of the existing ground surface and the placing and compaction of fill is in conformance with the approved plans and the appropriate provisions of this Code. The soil engineer must submit a report which includes the recommended soil-bearing capacity, a finding as to the expansive qualities of the soil, the location of subdrains and a summary of tests. The location of such tests and the limits of the compacted fill must be shown on a final plan which must also show by plan and cross section the location of any rock disposal areas and/or buttress fills, is such were involved in the grading.
(D) (D) Geologist. When a site inspection by the geologist is required under §
16.97.04016.45.040, a report based on an "“as-built"” geologic map must be submitted by the geologist.
The report must be submitted at the completion of rough grading and must include specific approval of the grading as affected by geological factors. Where necessary, such report must include geologic cross sections and recommendations regarding the location of buildings or sewage disposal systems. (E) (E) Planting and irrigation. At completion of final grading, a landscape architect or a field engineer must submit a statement that the slope planting has been established and the irrigation system has been installed in conformance with the approved plans. (F) (F) Grading contractor. At the completion of rough grading, the grading contractor must submit a statement that the work under the direction of the grading contractor was performed in accordance with the approved plans and the appropriate requirements of this chapter or that such work was not in accordance with such plans and chapter.
(Ord. 1103, passed 3-7-05)
CHAPTER 16.46:CHAPTER 16.98: HILLSIDE GRADING PRACTICES Section