Chapter 110.36 — RESERVED CHAPTER 110.40. - RELOCATION OF BUILDINGS AND STRUCTURES

No person shall relocate on, or move onto any premises, or permit to be relocated on, or moved onto any premises, in the city, any building or structure that is subject to the provisions of this title, without first obtaining a relocation permit from the building official.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.020. - Permit issuance requirement.

The building official shall issue relocation permits only for buildings and structures that conform to all of the standards of this title and section 102.6 of the Uniform Administrative Code or which, through minimal amounts of reconstruction as determined by the building official, can be made to conform to all of the standards of this title and other applicable codes and standards. Buildings may not be required to comply with the regulations of this section if qualified as historical pursuant to section 8-218 SHBC.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.030. - Permit application; contents.

Any person desiring to relocate a building or structure shall first make an application for each such building or structure in accordance with section 302.1(1)—(3), (6) and (7), of the Uniform Administrative Code to obtain a special inspection permit. Also, as a part of this application, the applicant shall furnish photographs and a floor plan of the building or structure proposed to be moved, with a detailed written description of any proposed repair, alteration or addition to the building or structure along with a plot plan of the new site showing the building or structure situated relative to property lines. This application shall be accompanied by an application fee, plus a processing fee, except that if the building or structure is located outside of the limits of the city, the fee shall be increased for each mile between the building and the nearest point on the boundary of the city measured by way of the shortest route usually traveled. The amounts of the fees shall be as established by the city council, from time to time. Dwellings with garages, attached or detached, shall be considered as one building.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.040. - Inspection; building official's report.

Upon receipt of all required information from the applicant the building official shall inspect the building or structure proposed to be moved and the proposed relocation site. Upon completion of his inspection, the building official shall prepare a written report which shall be mailed to the applicant. The report shall contain the approval or disapproval of the building official, and if approved for relocation, shall specify all work that must be performed to make the building or structure conform to this title and any other necessary

and the proposed relocation site. Upon completion of his inspection, the building official shall prepare a written report which shall be mailed to the applicant. The report shall contain the approval or disapproval of the building official, and if approved for relocation, shall specify all work that must be performed to make the building or structure conform to this title and any other necessary

requirements. This report shall be valid only for a period of 45 days after the date of issuance by the building official and only for the approved building or structure and approved relocation site. The contents of this report and all proposed work shall be incorporated into plans and specifications in accordance with sections 302.2 and 302.3 of the Uniform Administrative Code and accompany an application for a permit in accordance with section 302.1 of the Uniform Administrative Code within 45 days timeframe.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

After the building official has approved a building or structure for relocation, the relocation site, and all plans and specifications the applicant may, prior to the expiration of the plan check permit, apply for a moving permit and the necessary building permits to perform the work. The fee for the moving permit shall be as established by the city council, from time to time. The fee for required building permits shall be determined from the applicable provisions of this title. As a part of the application, the applicant shall certify that no changes have been made to the building or structure since the date of inspection by the building official.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.060. - Termite inspector report and cash deposit required.

(a)

No relocation permit shall be issued unless the applicant first furnishes a written report of a qualified termite inspector that it is free from termites or other vermin and shall post with the building official a cash deposit, the amount of which shall be based on the square footage of the structure to be relocated, and shall be in an amount as established by the city council, from time to time.

(b)

In determining the amount of square footage, dwellings with attached or detached garages will be considered one structure; all other structures shall be considered separately and shall require a deposit for each structure. In lieu of cash, the applicant may substitute a bank cashier's check, a bank or savings and loan money order, or a bank certificate of deposit. All of the deposits set forth in subsection (a) of this section must be made payable to the city. In all cases no substitute for a cash deposit will be acceptable if it may be recalled by the applicant without the consent of the city or if it requires any act other than the cashing thereof for collection by the city. The return of the cash deposit or other security shall be conditioned upon the performance of all terms and conditions of a permit within the prescribed time limits on any extension thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

If the permittee does not complete all the required construction, repairs, and changes within 150 days of issuance of the relocation permit or any granted extension thereof, the building official shall give written

notice thereof by certified mail to the permittee specifying the work that has not been completed and the date the relocation permit or extension of the permit is due to expire. This notice shall also state that the deposit shall be forfeited if substantial work is not completed on the building and that a written request for inspection thereof must be filed with the building official or that a request for extension be filed in accordance with section 303.4 of the Uniform Administrative Code prior to the expiration date of the relocation permit. If the permittee fails to comply with the notice of the building official, the permit shall expire and the deposit shall be forfeited.

(b)

Upon receipt of the forfeited deposit, the building official, at his option, may cause the removal or demolition of the building or structure. In the event that the cost of removing or demolishing the building or structure is less than the required deposit, the excess thereof shall be deposited with the city to the credit of the owner of the property of such other person legally entitled thereto, which shall be payable upon proof satisfactory to the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.080. - Temporary building or structure relocation.

No building or structure shall be moved to any temporary relocation site within the city, except to be an approved relocation yard located on property zoned for such use.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.090. - Access to premises for inspection.

The building official shall have access to all premises described in a relocation permit whether permanent or temporary in order to inspect the building or structure involved, the progress of the work, and to perform any of the acts authorized or required by this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.40.100. - Transportation permit issuance restriction.

No officer of this city who is authorized to issue a permit to transport a building or structure upon a city highway shall issue such a permit until a relocation permit has been issued by the building official for the building or structure, or until the owner or person in control of the building or structure has filed with the building official an affidavit that the building or structure is not to be located temporarily or permanently, in the incorporated area of the city, except in an approved relocation yard located on property zoned for such use. No building or structure shall be transported upon any city highway unless the owner or person in control thereof has obtained a permit from the director of transportation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 110.44. - SMALL RESIDENTIAL SOLAR ENERGY SYSTEM PERMITS

Sec. 110.44.010. - Intent and purpose.

The intent and purpose of this chapter is to adopt an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014) to achieve timely and costeffective installations of small residential rooftop solar energy systems. This chapter is designed to encourage the use of solar systems by removing unreasonable barriers, minimizing costs to property owners and the city, and expanding the ability of property owners to install solar energy systems. This chapter allows the city to achieve these goals while protecting the public health and safety.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.020. - Definitions.

Association means a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.

Building department means the building and safety department for the City of Eastvale.

Building official means the building official or designee for the City of Eastvale.

City means the City of Eastvale.

Common interest development means any of the following:

(1)

A community apartment project.

(2)

A condominium project.

(3)

A planned development.

(4)

A stock cooperative.

Electronic submittal means the utilization of one or more of the following:

(1)

Email.

(2)

The Internet.

(3)

Facsimile.

Expedited permitting, and expedited review, means the process outlined in Section 110.44.060 entitled "Expedited permit review and inspection requirements."

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 similar permit.

Planning commission means the planning commission for the City of Eastvale.

Small residential rooftop solar energy system means all of the following:

(1)

A solar energy system that is not larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.

(2)

A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the city and all state health and safety standards.

(3)

A solar energy system that is installed on a single or duplex family dwelling.

(4)

A solar panel or module array that does not exceed the maximum legal building height as defined by the city.

Solar energy system means either of the following:

(1)

Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

(2)

Any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating, space cooling or water heating.

Specific, adverse impact means a 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. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.030. - Applicability.

This chapter applies to the permitting of all small residential rooftop solar energy systems in the city. Small residential rooftop solar energy systems legally established or permitted prior to the effective date of this chapter are not subject to the requirements of this chapter unless physical modifications or alterations are undertaken that materially change the size, type, or components of a small rooftop energy system in such a way as to require new permitting. Routine operation and maintenance or like-kind replacements shall not require a permit.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.040. - Solar energy system requirements.

(a)

All solar energy systems shall meet applicable health and safety standards and requirements imposed by the city and the state.

(b)

Solar energy systems for heating water in single-family residences and for heating water in commercial or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(c)

Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the public utilities commission regarding safety and reliability.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.050. - Duties of building department and building official.

(a)

All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the city's publicly accessible website.

(b)

Electronic submittal of the required permit application and documents via email, the city's website, or facsimile shall be made available to all small residential rooftop solar energy system permit applicants.

(c)

An applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(d)

The building department shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply with to be eligible for expedited review.

(e)

The small residential rooftop solar system permit process, standard plans, and checklist shall substantially conform to the recommendations for expedited permitting, including the checklist and standard contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(f)

All fees prescribed for the permitting of small residential rooftop solar energy systems must comply with Government Code §§ 65850.55 and 66015 and Health and Safety Code § 17951.

(Ord. No. 15-06, § 1, 7-22-2015)

Sec. 110.44.060. - Expedited permit review and inspection requirements.

(a)

The building department shall adopt an administrative, nondiscretionary review process to expedite the approval of small residential rooftop solar energy system applications within 30 days of adoption of this chapter. For an application for a small residential rooftop solar energy system that meets the requirements of the approved checklist and standard plan, the building department shall issue a building permit or other non-discretionary permit within three business days. The building official may require an applicant to apply for a use permit if the official finds, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. Such decisions may be appealed to the planning commission pursuant to section 120.01.040.

(b)

Review of the application shall be limited to the building official's review of whether the applicant meets local, state and federal health and safety requirements.

(c)

If a use permit is required, the building official may deny an application for the use permit if the official makes written findings based upon substantive evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Such decisions may be appealed to the planning commission pursuant to section 120.01.040.

(d)

Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost. The city shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Civil Code § 714(d)(1)(A)—(B).

(e)

The city shall not condition the approval of an application on the approval of an association as defined in Civil Code § 4080.

(f)

If an application for a small residential rooftop solar energy system is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permitting shall be sent to the applicant for resubmission.

(g)

Only one inspection shall be required and performed by the building department for small residential rooftop solar energy systems eligible for expedited review.

(h)

The inspection shall be done in a timely manner and should include consolidated inspections. An inspection will be scheduled within two business days of a request.

(i)

If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized but need not conform to the requirements of this chapter.

(Ord. No. 15-06, § 1, 7-22-2015)

CHAPTER 110.48. - MANUFACTURED HOMES, MOBILEHOMES AND COMMERCIAL COACHES[[17]]

Footnotes:

--- ( 17 ) ---

State Law reference— Manufactured Housing Act of 1980, Health and Safety Code § 18000 et seq.

Sec. 110.48.010. - Installation of manufactured home, mobilehome or commercial coach.

No person shall install or occupy any manufactured home, mobilehome or commercial coach (hereafter called "unit") to be used for the purpose of human habitation or occupancy on any site inside or outside of a mobilehome park in the city, without first obtaining a permit from the building official. Each unit shall bear an insignia of approval issued by the state department of housing or a label issued pursuant to the Federal Mobile Home Construction and Safety Standards.

(1)

Applications shall be made to the building official in the forms provided by the city only in the district office having jurisdiction. The applicant shall furnish all the information required by the Health and Safety Code §

18200 et seq., and title 25 of the California Code of Regulations, and shall be accompanied by the required fees.

(2)

The installation of all units shall be in accordance with the relevant requirements of the California Health and Safety Code and title 25 of the California Code of Regulations relating to such installations and in accordance with any specific requirements of this title.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.48.020. - Manufactured home on a foundation system.

Notwithstanding the foregoing and pursuant to applicable state codes, no person shall install any manufactured home on a foundation system, certified under the National Manufactured Housing Construction and Safety Act of 1974 (as modified), on a lot zoned for a conventional single-family residential dwelling unless the following requirements are satisfied:

(1)

Roofing material. Any roofing material permitted under this title, except metal roofing, may be utilized.

(2)

Siding material. Any siding material permitted under this title, except metal siding, may be utilized.

(3)

Size. All manufactured homes shall be no less than 750 square feet.

(4)

Age. No mobilehome shall be installed on a lot zoned for single-family dwellings if more than ten years have elapsed between the date of manufacture of the manufactured home and the date of the application for the issuance of a permit to install the manufactured home in the affected zone. This exclusion shall not apply to legally permitted manufactured homes converting from a pier foundation system to a permanent foundation system.

The requirements of this section shall not apply if the manufactured home is already in place on the lot for which the permit is sought and was approved pursuant to a permit previously issued by the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.48.030. - Commercial coaches.

Each unit shall bear an insignia of approval issued by the state department of housing or a label issued pursuant to the Federal Mobilehome and Safety Standards. The insignia shall designate the applicable occupancy classification and the design roof, floor and wind loads.

(1)

The applicant for a permit to install a commercial coach shall provide two sets of plans and specifications. The plans shall include the following:

a.

A plot plan of the lot or site on which the commercial coach is to be installed, which shall indicate the planned location of the commercial coach, and the locations of electrical, gas, water and sewer connections on the site. The plot plan shall indicate all dimensions and setbacks from the lot lines;

b.

The number of the insignia of approval and the serial number of the commercial coach;

c.

The approved manufacturer's installation instructions specifying the following:

1.

The location and required capacity of stabilizing devices (tiedowns, piers, blocking, etc.) on which the design is based;

2.

Devices and methods to be used in connecting all components and systems, including but not limited to roofs, walls, floors and utilities;

d.

Load-bearing supports and support structures shall be designed and constructed in accordance with design requirements of the Uniform Building Code.

(2)

Plan review and site preparation and installation permit fees shall be the same as set forth in sections 1020 and 1024 of title 25 of the California Code of Regulations.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Abatement of substandard mobilehomes, manufactured homes, commercial coaches, recreational vehicles or mobilehome accessory buildings and structures within or outside of a mobilehome or special occupancy park and substandard buildings or structures shall be in accordance with this section.

(1)

Public nuisance. Every substandard mobilehome, manufactured home, commercial coach, recreational vehicle or mobilehome accessory building or structure within or outside of a mobilehome or special occupancy park and every substandard building or structure as defined in sections 1640, 1704, 1706 and 1738 of title 25, California Code of Regulations, is declared to be a nuisance as defined in chapter 10 of the

Uniform Housing Code, and shall be abated by repair, rehabilitation, demolition or removal as hereinafter provided.

(2)

Substandard mobilehomes, manufactured homes, commercial coaches and recreational vehicles shall be abated in accordance with the provisions of sections 1708 through 1726 of title 25, California Code of Regulations.

(3)

Substandard mobilehome accessory buildings or structures within or outside of a mobilehome or special occupancy park and substandard buildings or structures shall be abated in accordance with the procedures set forth in chapter 110.16.

(4)

Substandard mobilehomes, manufactured homes or commercial coaches on permanent foundation systems shall be abated in accordance with the procedures set forth in chapter 110.16.

(5)

Summary abatement. Where the building official or his designee determines that a public nuisance constitutes an immediate threat to public health and safety, summary abatement shall be authorized.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.48.050. - Fees.

(a)

Low profile: $52.50.

(b)

Permanent foundation: $52.50.

(c)

Permanent foundation with plan review: $138.19.

(d)

Permanent foundation, city document recording fee: $20.00 per unit.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 110.52. - PREAPPLICATION REVIEW PROCEDURES FOR DEVELOPMENT PROPOSALS

Sec. 110.52.010. - Purpose.

Preapplication review (PAR) is an optional procedure for all development proposals identified in section 110.52.020 as category I, II or III proposals. The purpose of PAR is to:

(1)

Advise a prospective applicant of current city standards and requirements;

(2)

Assess whether a prospective applicant's development proposal is consistent with current city standards and requirements before an application is actually filed and fees are paid;

(3)

Shorten the length of time required to process a development proposal once it has been accepted for processing;

(4)

Encourage development proposal designs which arc sensitive to environmental and developmental constraints and which lessen the need for subsequent costly and time consuming redesigns;

(5)

Provide a written record of staff's assessment of a development proposal in the form of a PAR letter;

(6)

Limit requests for special studies to those identified in the PAR letter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.52.020. - Classifications and exemptions.

Development proposals which are subject to PAR are divided into three categories on the basis of their relative complexity. The simplest proposals are classified as category I proposals. The most complex proposals are classified as category III proposals.

(1)

Category I proposals consist of the following:

a.

Temporary outdoor events;

b.

Temporary use permits;

c.

Variances filed alone;

d.

Kennels and catteries;

e.

Accessory wind energy conversion systems permits.

(2)

Category II proposals consist of the following:

a.

General plan amendments;

b.

Amendments to specific plans;

c.

Hazardous waste facility siting permits;

d.

Conditional use permits;

e.

Public use permits;

f.

Plot plans;

g.

Revised permits;

h.

Parcel maps—residential;

i.

Parcel maps—revised;

j.

Tract maps—revised multifamily;

k.

Tract maps—revised single-family residential;

l.

Vesting maps—residential parcel maps.

(3)

Category III proposals consist of the following:

a.

Specific plans;

b.

Surface mining permits;

c.

Parcel maps—commercial and industrial maps;

d.

Tract maps—multifamily;

e.

Tract maps—single-family residential;

f.

Vesting maps:

1.

Parcel maps—commercial and industrial;

2.

Tract maps—statutory condominiums;

3.

Tract maps—single-family residential;

g.

Commercial wind energy conversion systems permits.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Every PAR application shall be made in writing to the city on the forms provided by the planning department. The application shall be accompanied by the filing fee. All primary exhibits or maps submitted with an application must be clearly drawn and legible.

(b)

The amount of information which an applicant must submit with a PAR application increases with the complexity of the development proposal. The information required under subsections (b)(1) and (2) of this section is considered to be the minimum required, and the city may require additional information if the information submitted does not adequately define the proposal.

(1)

Applicants with category I proposals must submit a PAR exhibit containing the following information:

a.

Name, address and telephone number of the applicant;

b.

Name, address and telephone number of the land owner;

c.

Name, address and telephone number of the map or exhibit preparer;

d.

Assessor's parcel numbers and, if available, the property's address;

e.

Scale of the exhibit (i.e., number of feet per inch). The exhibit must use an engineer's scale (i.e., one inch equals ten feet or an even multiple of ten feet). An architect's scale is only acceptable for floor plans, elevations and landscaping plans;

f.

North arrow;

g.

Title of the exhibit (e.g., temporary use permit, plot plan, tract map No., etc.);

h.

Proposed improvement schedule (e.g., schedules A, B, C, etc.) where applicable;

i.

Overall dimensions and approximate total net and gross acreage of the property;

j.

Project boundary lines;

k.

Existing and proposed zoning and land use of property as well as existing zoning and land use of surrounding property;

l.

Circulation.

1.

Location and dimensions of existing and proposed ingress and egress, and methods of vehicular circulation;

2.

Any off-site rights-of-way that may be required for access or alternate access to or from the project site;

m.

Waste disposal system proposed (i.e., subsurface septic system or sewer);

n.

Location and dimensions of existing dwellings, buildings or other structures, labeled as existing, and indicating whether they will remain or be removed;

o.

Setback dimensions of existing structures and paved areas that are to remain;

p.

Uniform Building Code occupancy group and construction type for all existing and proposed structures;

q.

Vicinity map inset showing the site's relationship to major highways, access roads, and cities. Paved roads both existing and proposed must be labeled or shown by heavy dark lines. Streets, alleys and rights-ofway, providing legal access to the property must be indicated. A north arrow for the vicinity map inset is also required.

(2)

In addition to the items listed for category I proposals, applicants for category II and category III proposals must submit a PAR exhibit containing the following additional items:

a.

Contour lines showing the existing topography of the property, with the source of the contour lines identified. When adjacent property is unimproved or vacant, the contour lines must extend sufficiently beyond the boundaries of the subject property to include land needed for off-site improvements such as roads, channels, or manufactured slopes. When adjacent property is not unimproved or vacant, contour lines need only extend enough beyond the boundaries of the subject property to determine compatibility with adjacent property. Maximum contour interval should be five feet with no less than two contour lines provided on any application. Flood control district and transportation department base maps are acceptable sources of information. Topography from USGS maps may be used only when more detailed information is not available. Additional topography may be required if deemed necessary;

b.

FEMA mapped floodplains and floodways including zone designations;

c.

The above and below ground locations and amounts of flammable/combustible liquids and waste oil;

d.

For land divisions proposed:

1.

Lot lines and approximate lot dimensions; or

2.

Boundary lines and approximate dimensions for each lot or space in the case of mobilehomes or recreational vehicles.

The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60-foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR exhibit;

e.

If the project is within a specific plan, the specific plan planning area number and the land use designation of the subject property and all surrounding property;

f.

For condominiums, mobilehome parks, or recreational vehicle parks:

1.

Number each condominium, mobilehome or recreational vehicle space and indicate the total number of each type of unit, lot or space;

2.

Delineate common areas, open space and recreational areas. For each area, give its dimensions, acreage, any proposed uses and the name of the proposed owners or entities who will maintain it.

The exact dimensions of each lot, space or site are unnecessary. For example, although there may be some variation in size and/or shape, if most lots are expected to be a 60-foot wide and 100-foot deep rectangle, then all lots may be represented this way on the PAR exhibit;

g.

As required by title 16, a restricted single-family residential subdivision (i.e., R-2 zone), shall provide the following: building footprints, floor plan assignments, proposed setbacks, pad elevations, street grades, and all cut and fill slopes in excess of one foot in vertical height.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.52.040. - Procedures.

Once the city determines that a PAR application is complete, the city shall:

(1)

Notify affected city departments and agencies and affected special districts that the applicant has submitted a PAR application;

(2)

Conduct a PAR session concerning the development proposal at the next regularly scheduled review session occurring after the affected departments, agencies and special districts have had at least two weeks to review the proposal; the applicant and a representative from each affected department, agency and special district (hereinafter "staff") shall be present during the session and if any such representative is not present, the city shall immediately refund to the applicant the full amount of the filing fee referenced in section 110.52.030;

(3)

Within three weeks after the PAR session, prepare and mail the applicant a PAR letter, described in section 110.52.060, summarizing the requirements and recommendations of staff.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.52.050. - Preapplication review.

At the PAR session, the applicant shall present a brief overview of the development proposal. Staff shall be prepared to discuss the proposal in detail and to identify any major issues that may arise if the proposal is processed. The session shall be limited to one hour in duration. If additional time is required, this can be arranged at an additional cost to the applicant. If, at the end of the session, the status of some issues remain unresolved, staff shall identify those issues and/or include any additional recommendations or study requests in the applicant's PAR letter described in section 110.52.060.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.52.060. - Preapplication review letter.

(a)

The PAR letter shall contain staff comments on the applicant's development proposal, but shall not constitute or be considered approval of the development proposal. Although the content of the PAR letter will depend on the type of proposal, its proposed location, the background information provided by the applicant, and other factors, the letter shall generally provide the applicant with the following types of information:

(1)

Any applications which must be filed to process the proposal as well as any timing requirements associated with filing such applications. Applications which may be required include but are not limited to the following: general plan amendments, specific plans, changes of zone, tract maps, and parcel maps;

(2)

Any special studies which must be filed to process the proposal as well as any timing requirements associated with filing such special studies. Special studies which may be required include but are not limited to the following: fiscal impact, service and infrastructure impact, private debt burden, biological, archeological, paleontological, geological, flood, traffic, slope stability and noise studies;

(3)

Any special plans which must be filed to process the proposal. Special plans which may be required include but are not limited to the following: conceptual grading plans, detailed grading plans, storm water pollution prevention plans, dust control plans, and area development plans;

(4)

Current fees including but not limited to the following: application fees, mitigation fees (e.g., signal mitigation fees or area drainage fees), and special district fees administered by the city (e.g., road and bridge benefit district fees);

(5)

Any major environmental issues associated with the proposal, including the possible need for an EIR subject to the anticipated environmental assessment;

(6)

Any major design considerations associated with the proposal (e.g., internal drainage design or limitations on density);

(7)

The availability of water, sewer, and fire flow rate;

(8)

The concerns remaining for the proposal, if any;

(9)

The changes that staff will require before making an approval recommendation, or a statement that an approval recommendation will not be made given the proposal's present configuration;

(10)

Findings required for the necessary permit or approval.

(b)

No issues other than those identified in the PAR letter shall be raised by staff during processing of the development proposal. The PAR letter shall be valid for two years from the date thereof, unless a shorter period is specified in the letter.

(c)

Where the city subsequently determines, however, that conditions have changed or that the existing information does not fully address all significant concerns, staff may require an additional study or studies not specified in the PAR letter. Similarly, city and special district policies may change during the letter's two year life, and policy recommendations, which were valid when the letter was issued, may or may not be valid when the development proposal is filed and processed. In such cases, the development application will be subject to city and special district policies in effect at the time of filing or hearing, whichever is appropriate. State and federal policies and laws unknown or not effective at the time of PAR may also affect the subsequent application.

(d)

Notwithstanding the subsections (a) through (c) of this section, the PAR letter shall not in any manner whatsoever bind the appropriate hearing officer or body and shall not preclude such hearing officer or body from requiring additional information or studies or from making additional recommendations in the course of the decision-making process.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.52.070. - Revisions.

The PAR letter shall apply to the development proposal described in the PAR application and discussed at the PAR session. Substantial revisions to the proposal after issuance of the PAR letter which do not conform to the comments of the letter shall invalidate the letter. To process a substantially revised proposal, a new PAR application and a new application fee will be required of the applicant. For purposes of this section, the city shall determine whether or not revisions made are substantial.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 110.56. - HOUSE NUMBERING SYSTEM

It is made the duty of the building director to formulate a uniform system of numbering for all property fronting on all public roads, city roads and state highways in the city. Provision shall be made to integrate incorporated areas into the system upon the request of the particular area.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

When an official number has been established for property fronting on any public road as provided in this chapter, it shall be the duty of the building director to notify the owner of such property or the person in possession of such property upon which there exists, any house, store, storeroom or other building of the number established for such property; and the owner or the person in possession of such property, shall within 30 days after the notice has been given as provided in this chapter, place and thereafter continuously maintain the number established for such property upon the premises in such a place and position as to be plainly visible from the public road upon which the property fronts, the number so placed and maintained to be constituted by figures not less than three inches in height; and any house number other than the official number as established under the provisions of this chapter, shall be removed from such property by the owner or by the person then in possession of such property, within ten days from the giving of the notice establishing the official number, except that a rural route box number may be displayed.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Any person proposing to construct any house, store, storeroom or other building fronting on a public road shall submit to the building director a legal description of the property on which the structure is to be placed and obtain a house number for the structure.

(b)

Within 30 days after the structure has been completed the number shall be placed on the premises in the manner provided in section 110.56.020.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

As used in this chapter, the term "person" includes any individual, firm, partnership or corporation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.56.050. - Violations; penalties.

(a)

It is unlawful for any person to violate any provision of this chapter, or to violate any provision of any permit granted pursuant to this chapter. Any person violating any provision of this chapter or any provision of any permit granted pursuant to this chapter, shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter or violation of any provision of any permit granted pursuant to this chapter, is committed, continued or permitted.

(b)

Any person so convicted shall be guilty of an infraction offense and punished by a fine not exceeding:

(1)

$100.00 for a first violation;

(2)

$200.00 for a second violation on the same site and perpetrated by the same person.

The third and any additional violations on the same site and perpetrated by the same person shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(c)

Notwithstanding subsection (b) of this section, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty in this section shall not relieve a person from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

All remedies provided for in this chapter shall be cumulative and not exclusive. The conviction and punishment of any person under this chapter shall not relieve such person from the responsibility of correcting prohibited house numbering nor prevent the enforced correction or removal thereof.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTER 110.60. - EARTHQUAKE FAULT AREA CONSTRUCTION REGULATIONS[[18]]

Footnotes:

--- ( 18 ) ---

State Law reference— Alquist-Priolo Earthquake Fault Zoning Act, Public Resources Code § 2621 et seq.; municipalities authorized to establish policies and criteria stricter than provisions of Act and impose and collect fees in addition to those required under Act, Public Resources Code § 2624.

The ordinance codified in this chapter is adopted pursuant to the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code § 2621 et seq.) and the adopted policies and criteria of the state mining and geology board. Within the earthquake fault zones shown on the maps prepared by the state geologist pursuant to the Act, all applicants for a permit for a project shall comply with all of the provisions of the Act, the adopted policies and criteria and this chapter. The maps delineating the earthquake fault zones are on file in the offices of the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.60.020. - Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Permit means the following:

(1)

Planning and zoning, title 120 of this Code:

a.

Specific plan of land use;

b.

Conditional use permit;

c.

Public use permit;

d.

Plot plan, development plan or certificate of occupancy approval.

(2)

Buildings and construction, chapters 110.04 through 110.52 of this title: building permit.

(3)

Subdivisions, title 130 of this Code:

a.

Tentative subdivision map;

b.

Tentative parcel map.

Project.

(1)

The term "project" means:

a.

Any new real estate development which contemplates the eventual construction of structures for human occupancy, subject to the Subdivision Map Act (Government Code § 66410 et seq.);

b.

Any new real estate development for which a tentative tract map has not yet been approved;

c.

Any structure for human occupancy, other than a single-family wood-frame or steel-frame dwelling not exceeding two stories. For the purposes of this chapter, a mobilehome whose body width exceeds eight feet shall be considered to be a single-family wood-frame dwelling not exceeding two stories;

d.

Any single-family wood-frame or steel-frame dwelling which is built or located as part of a development of four or more such dwellings constructed by a single person, individual, partnership, corporation, or other organization. No geologic report shall be required with respect to such single-family dwelling if the dwelling is located within a new real estate development, as described in subsection (1)a or b of this definition, for which development a geologic report has been either approved or waived pursuant to this chapter.

(2)

The term "project" does not include:

a.

The conversion of an existing apartment complex into a condominium;

b.

Alterations or additions to any structure for human occupancy within an earthquake fault zone the value of which does not exceed 50 percent of the value of the structure;

c.

Seismic retrofitting:

1.

Alterations which include seismic retrofitting, as defined in Government Code § 8894.2, to any of the following listed types of buildings in existence prior to May 4, 1975:

(i)

The unreinforced masonry buildings, as described in Government Code § 8875;

(ii)

Concrete tilt-up buildings, as described in Government Code § 8893;

(iii)

Reinforced concrete monument resisting frame buildings as described in applied technology council report 21 (FEMA Report 154);

2.

The exemption granted by subsection (2)c.1 of this definition, shall not apply unless the city acts in accordance with all of the following:

(i)

The building permit issued by the city for the alterations authorized no greater human occupancy load, regardless of proposed use, than that authorized for the existing use permitted at the time the city grants the exemption. This may be accomplished by the city making a human occupancy load determination that is based on, and no greater than, the existing authorized use, and including that determination on the building permit application as well as the following statement: "Under section 2.B.3b.(1) of county Ordinance 457.7, and the provisions of chapters 110.04 through 110.52 of this Land Development Code, the occupancy load is limited to the occupancy load for the last lawful use authorized or existing prior to the issuance of this building permit, as determined by the city."

(ii)

The city requires seismic retrofitting, as defined in Government Code § 8894.2, which is necessary to strengthen the entire structure and provide increased resistance to ground shaking from earthquakes,

(iii)

Exemptions granted pursuant to subsection (2)c.1 of this definition are reported in writing to the state geologist within 30 days of the building permit issuance date.

Any structure with human occupancy restrictions under subsection (2)c.2(i) of this definition shall not be granted a new building permit that allows an increase in human occupancy unless a geologic report has been prepared in accordance with section 110.60.030, or the requirement of a geologic report has been waived in accordance with this chapter.

Structure for human occupancy means a structure that is regularly, habitually or primarily occupied by humans, including but not limited to the following: all residences, whether single-family or multiple-family that are not exempted by the Act; retail stores; theaters; manufacturing buildings; public service structures, such as civic centers, hospitals and schools, clubhouses, churches and recreation buildings, but not including freeways, roadways, bridges, railways, airport runways and tunnels.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.60.030. - Application requirements.

(a)

All applications for a permit, for a project that lies within an earthquake fault zone shown on the maps prepared by the state geologist pursuant to the Alquist-Priolo Earthquake Fault Zoning Act, shall be accompanied by a geologic report or request for waiver thereof.

(b)

The report shall be issued by a geologist who is registered in the state, shall define and delineate any hazard of surface fault rupture, and shall be prepared in accordance with the requirements of the Act.

(c)

A geologic report may be waived if the county geologist determines that no undue hazard from surface fault rupture exists and the waiver is approved by the state geologist.

(d)

After a geologic report has been approved or waived for a project, further geologic reports shall not be required for subsequent phases of the project, including building permits, unless new geologic data is recorded that warrants further investigation of the site.

(e)

The preparation of geologic reports that are required pursuant to this chapter for multiple projects may be undertaken by a geologic hazard abatement district.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.60.040. - Fees.

Each applicant for a permit subject to the provisions of this chapter shall pay a fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Upon the filing of a geologic report, or an application for waiver of a report, it shall be referred to the county geologist for review and consideration.

(1)

Geologic reports. Within 20 days from the filing of a report, the county geologist city shall make its review thereof and take one of the following actions:

a.

Approve the report as to content and findings, and notify the applicant and the department from which a permit is being sought of the approval and of any required conditions of approval for the project;

b.

Approve the report as to content but not as to findings and notify the applicant and the affected

department. If the applicant desires, he may request that the report be returned to him under the provisions of subsection (1)c of this section for further report by applicant's geologist;

c.

Return the report to the applicant as insufficient and request that further information be submitted as a part of the report. When the revised geologic report is submitted, a new 20-day period for action by the county geologist shall begin to run.

(2)

Application for waiver of geologic report. Applications for waiver of a geologic report shall be made in writing on the forms provided by the city, shall furnish all required information and shall not be acceptable for filing unless complete. Within 20 days after the filing of the application for waiver of a geologic report, the county geologist shall make its review thereof and take one of the following actions:

a.

Deny the request for waiver and advise the applicant to file a geologic report;

b.

Issue preliminary approval of the request for waiver and advise the applicant that the request will be forwarded to the state geologist for final determination upon payment of the appropriate fee.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Sec. 110.60.060. - Compliance for permit or approval required.

Within every earthquake fault zone delineated on the maps issued by the state geologist, no permit or approval shall be granted for any project, if the permit or approval would allow or require a structure used

for human occupancy to be constructed or placed in violation of the requirements of the Act or the policies and criteria of the state mining and geology board adopted pursuant to the Act.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No application for a permit shall be considered as complete for filing, and the time limitations for processing a permit shall not begin to run, until the geologic report required by the Act has been accepted as complete and a final determination thereon has been issued by the county geologist, or until a waiver of the report has been finally approved by the state geologist.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)