Vista Municipal Code § 608.2 Definitions

of 30 feet from property lines and biological open space easements unless existing permitted buildings and structures are located within 30 feet of the property line or the City of Vista Ordinance requires a greater minimum. When the property line abuts a roadway, the setback shall be measured from the centerline of the roadway.

Exception: When both the code official and the Fire Authority Having Jurisdiction ( FAHJ) determine that the hazard from a wildland fire is not significant or when the terrain, parcel size, or other constraints on the parcel make the required setback infeasible.

Section 608.2.2 of the California WUI Code is added to read:

be setback a minimum of 100 feet from any property line adjacent to a national forest, state park, or open space preserve. This setback may be reduced when existing permitted buildings and structures are located within 100 feet of the property line or additional mitigation measures are employed that are satisfactory to both the FAHJ and the code official.

shall establish the minimum setbacks for locating a building and structure on a lot in a wildland- urban interface fire area. The setbacks may be greater than the minimum setbacks provided in the County Zoning Ordinance, when necessary to protect a building and structure from an unreasonable hazard from a wildfire. Buildings and structures shall be setback a minimum of 100 feet from any onsite biological open space easement or other designated open space easement designed to protect sensitive habitat or resource, in accordance with Section 604.6(f).

AMENDMENT TO SECTION 608.2.3

The City of Vista adopts the following code amendment:

structures shall be setback a minimum 15 feet horizontally from top of slope to the farthest projection from the structure. A single- story building or structure shall be less than 12 feet above grade, measured from plate height. A two-story building or structure shall be setback a minimum of 30 feet horizontally from top of slope to the farthest projection from the structure. A two-story building or structure shall be greater than a 12-foot plate height but shall not exceed 35 feet in total height. Buildings and structures greater than two stories may require a greater setback as determined by the fire code official.

Ord. No. 2025-07, Adopted 09/23/2025)

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ANNEX A RESIDENTIAL FIRE APPARATUS TURN AROUND REFERENCED SEC. 403.2.5.1 DEAD ENDS

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ANNEX B COMMERCIAL FIRE APPARATUS TURN AROUND REFERENCED SEC. 403.2.5.1 DEAD ENDS

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ANNEX C SLOPE CROSS SECTION MEASUREMENTS REFERENCED SEC. 608.2.3

608.2.3 Building and Structure Setback From Slope. Single-story buildings or structures shall be setback a minimum 15 feet horizontally from top of slope to the farthest projection from the structure. A single- story building or structure shall be less than 12 feet above grade, measured from plate height. A two-story building or structure shall be setback a minimum of 30 feet horizontally from top of slope to the farthest projection from the structure. A two-story building or structure shall be greater than a 12-foot plate height but shall not exceed 35 feet in total height. Buildings and structures greater than two stories may require a greater setback as determined by the fire code official.

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ANNEX D FUEL MODIFICATION ZONES MEASUREMENTS REFERENCED FIGURE 604.6

Create and maintain Zone 0 Non-Combustible Zone. Remove ALL Combustible materials: Vegetation, mulch, bark, sheds, fences attachments within this zone. REMOVE – Combustible materials in this zone REDUCE – Potential for direct flame against building or structure REPLACE – Non-combustible materials acceptable to FAHJ

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ANNEX E PRIVATE WATER STORAGE TANK INSTALLATION REQUIREMENTS

Plans shall be submitted to the FAHJ for approval prior to the installation of water tank. All materials shall be listed and approved by the FAHJ. Figure 404.5.3”

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Chapter 16. 44

County Regulations for Condemnation of Buildings

Sections:

16. 44. 010 Adoption

Section 16. 44. 010 Adoption

There is adopted by the City Council for the purpose of regulating condemnation of

buildings, that certain code known as the San Diego County Code of Regulatory Ordinances, Chapter 1 of Division 9 of Title 6 relating to condemnation of buildings. One copy of the County Code is on file in the Office of the City Clerk and is adopted and incorporated as though fully set out at length in this section, and from the date on which the ordinance codified in this section takes effect the provisions thereof are controlling within the limits of the city. Prior code 14- 3; Ord. No. 90- 16 Section 9)

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Chapter 16. 48

Flood Area Construction Regulations

Sections:

16. 48. 010 Statutory Authorization
17. 48. 020 Findings of Fact
18. 48. 030 Statement of Purpose
19. 48. 040 Methods of Reducing Flood Losses
20. 48. 050 Definitions
21. 48. 060 Lands to Which this Ordinance Applies
22. 48. 070 Basis for Establishing the Areas of Special Flood Hazard
23. 48. 080 Compliance
24. 48. 090 Abrogation and Greater Restrictions
25. 48. 100 Interpretation
26. 48. 110 Warning and Disclaimer of Liability
27. 48. 120 Development Permit Required
28. 48. 130 Designation of the Floodplain Administrator
29. 48. 140 Duties and Responsibilities of the Floodplain Administrator
30. 48. 150 Standards for Construction
31. 48. 160 Standards for Utilities
32. 48. 170 Standards for Subdivisions
33. 48. 180 Standards for Manufactured Homes
34. 48. 185 Standards for Recreational Vehicles
35. 48. 190 Floodways
36. 48. 200 Appeals
37. 48. 210 Conditions for Variances
38. 48. 220 Severability

Section 16. 48. 010 Statutory Authorization

The Legislature of the State of California has in Government Code Sections 65302,

65560 and 65800 conferred upon local government units the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Vista does hereby adopt the following floodplain management regulations. Prior Code Appendix B; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 020 Findings of Fact

A. The flood hazard areas of the City of Vista are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and Governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B. These flood losses are caused by uses that are inadequately elevated, flood- proofed or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities also contributes to flood losses. Prior Code Appendix 8; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

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Section 16. 48. 030 Statement of Purpose

It is the purpose of this chapter to promote the public health, safety and general welfare,

and to minimize public and private losses due to flood conditions in specific areas by legally enforceable regulations applied uniformly throughout the community to all publicly and privately owned land within flood prone, mudslide or flood related erosion areas. These regulations are designed to: A. Protect human life and health; B. Minimize expenditure of public money for costly flood control projects; C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; D. Minimize prolonged business interruptions; E. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; F. Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; G. Ensure that potential buyers are notified that property is in an area of special flood hazard; and H. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions. Prior Code Appendix B; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 040 Methods of Reducing Flood Losses

In order to accomplish its purposes, this chapter includes regulations to: A. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or flood heights or velocities; B. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Control the alteration of natural floodplain, stream channels and natural protective barriers, which help accommodate or channel floodwaters; D. Control filling, grading, dredging and other development which may increase flood damage; E. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas; and F. These regulations take precedence over any less restrictive conflicting local laws, ordinances and codes. Prior Code Appendix 8; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 050 Definitions

Unless specifically defined in this section, words or phrases used in this chapter shall he

interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Accessory structure" means a structure that is 1) solely for parking of no more than two automobiles; or limited storage; and 2) is less than 150 square feet and $ 1500 or an equivalent value at the time of construction equal to $ 1500 as of January 1, 2007 when adjusted for inflation by using the Consumer Price Index for San Diego County. Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

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affects" means that the cumulative effect of the proposed development Adversely when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood no more than one foot at any point. Alluvial fan" means a geomorphologic feature characterized by a cone or fan- shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. Appeal" means a request for a review of the Floodplain Administrator' s interpretation of any provision of this chapter or a request for a variance. Area of shallow flooding" means a designated AO or AH zone on the flood insurance rate map ( FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of special flood hazard" - See " Special flood hazard area." Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year ( also called the " 100- year flood"). Base flood is the term used throughout this ordinance. Base Flood Elevation ( BFE)" means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, Al- 30 that indicates the water surface elevation resulting from a flood that has a one percent or greater chance of being equaled or exceeded in any given year. Basement" means any area of the building has its floor subgrade ( below ground level) on all sides. Building" - see " Structure" Development" means any man- made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. manufactured home park or subdivision" means a manufactured home Existing park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed ( including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) are completed before the effective date of floodplain management regulations adopted by a community. Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed ( including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). Flood," " flooding" or " flood water" means: 1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters, the unusual and rapid accumulation or runoff of surface waters from any source; and/ or 2. The condition resulting from flood- related erosion. Flood Boundary and Floodway Map ( FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration delineated the areas of special flood hazards.

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Flood Hazard Boundary Map" means the official map on which the Federal

Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazard. Flood Insurance Rate Map ( FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. Floodplain" or " flood prone area" means any land area susceptible to being inundated by water from, any source ( see definition of" flooding"). Floodplain Administrator" is the individual appointed to administer and enforce the floodplain management regulations. Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space

plans. Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances ( such as grading ordinance and erosion control ordinance) and other applications of police power which control development in flood- prone areas. The term describes federal, state or local regulations in any combination thereof, which provide standards for preventing and reducing flood loss and damage. Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. ( Refer to FEMA Technical Bulletins TB 1- 93, TB 3- 93, and TB 7- 93 for guidelines on dry and wet flood proofing.) Flood way" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as " regulatory floodway." Floodway fringe" is that area of the floodplain on either side of the " regulatory floodway" where encroachment may he permitted. Fraud and victimization" as related to Sections 16. 48. 200 and 16.48. 210, variances of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City Council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship- building and ship repair facilities, but does not include long- term storage or related manufacturing facilities.

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Governing body" is the local governing unit, i. e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. Hardship" as related to Sections 16. 48. 200 and 16. 48. 210, of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The City Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one' s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure. Historic structure" means any structure that is: 1. Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior directly by the Secretary of the Interior in states without approved programs. Levee" means a man- made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. Lowest floor" means the lowest floor of the lowest enclosed area including basement, see " Basement" definition). 1. An unfinished or flood- resistant enclosure below the lowest floor that is usable solely for parking vehicles, building access or storage in an area other than a basement area, is not considered a building' s lowest floor provided it conforms to applicable non- elevation design requirements, including, but not limited to: a. the wet flood proofing standard in Section 16. 48. 150( C) ( 3); b. the anchoring standards in Section 16. 48. 150( A) ( 1); C. the construction materials and methods standards in Section 16. 18. 150( B); and d. the standards for utilities in Section 16. 48. 160. 2. For residential structures, all sub- grade enclosed areas are prohibited as they are considered to be basements ( see " Basement" definition). This prohibition includes below- grade garages and storage areas. Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term " manufactured home" does not include a

recreational vehicle."

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Manufactured home park or subdivision" means a parcel ( or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. Market Value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall he determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may he considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum ( NGVD) of 1929, North American Vertical Datum ( NAVD) of 1988, or other datum, to which base flood elevations shown on a community' s flood insurance rate map are referenced. New construction" means, for floodplain management purposes, structures for which the " start of construction" commenced on or after the effective date of a floodplain management regulation adopted by this community, and includes any subsequent improvements to such structures. New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed ( including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by this community. Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse, which may alter, impede, retard or change the direction and/ or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or is likely to be carried downstream. One- hundred- year flood" or " 100- year flood" - see " Base Flood." Public safety and nuisance" as related to Section 16. 48. 200 and 16. 48. 210, of this ordinance means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community, neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, river, bay, stream, canal, or basin. Recreational vehicle" means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal

projection; 3. Designed to be self- propelled or permanently towable by a light- duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

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a violation" Remedy means to bring the structure or other development into compliance with state or local floodplain management regulations or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. Riverine" means relating to, formed by or resembling a river ( including tributaries), stream, brook, etc. Sheet flow area" - see " Area of shallow flooding." Special flood hazard area ( SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, Al - A30, AE, A99, AH. Start of construction" includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/ or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. above ground. This Structure" means a walled and roofed building that is principally includes a gas or liquid storage tank or a manufactured home. Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before- damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement" means any reconstruction, rehabilitation, addition, or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the " start of construction" of the improvement. This term includes structures which have incurred " substantial damage" regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or 2. Any alteration of a " historic structure" provided that the alteration will not preclude the structure' s continued designation as a " historic structure." Variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. Violation" means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided. Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum ( NCND) of 1929 ( or other datum where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

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Watercourse" means a lake, river, creek, stream, wash, arroyo, channel, or other

topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 060 Lands to Which this Ordinance Applies

The chapter shall apply to all areas of special flood hazards within the jurisdiction of the

City of Vista. Prior Code Appendix 5; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 070 Basis for Establishing the Areas of Special Flood Hazard

The areas of special flood hazard identified by the Federal Insurance Administration

FIA) of the Federal Emergency Management Agency ( FEMA) in the Flood Insurance Study, dated June 17, 1986 and September 29, 2006; and accompanying Flood Insurance Rate Maps FIRMs) and Flood Boundary and Floodway Maps ( FBFMs) dated June 19, 1997; August 13, 1998; June 16, 1999; and September 29, 2006, and all subsequent amendments and/ or revisions, are hereby adopted by reference and declared to be a part of this chapter. This flood insurance study and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the City Council by the Floodplain Administrator. The study, FIRMs and FBFMs are on file at 600 Eucalyptus Avenue, Vista, CA 92084. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 080 Compliance

No structure or land shall hereafter be constructed, located, extended, convened or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the requirements ( including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City Council from taking such lawful action as is necessary to prevent or remedy any violation. Editor' s Note: The effective date of the ordinance codified in Section 16. 48. 080 is 11/ 9/ 87. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97, Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 090 Abrogation and Greater Restrictions

This chapter is not intended to repeal, abrogate or impair any existing easements,

covenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Prior Code Appendix B; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 100 Interpretation

In the interpretation and application of this chapter, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the governing body; and

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C. Deemed neither to limit nor repeal any other powers granted under state statutes

Prior Code Appendix B; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 110 Warning and Disclaimer of Liability

The degree of flood protection required by this chapter is considered reasonable for

regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man- made or natural causes. This chapter does not imply that land outside the areas of special flood hazards, or or flood damages. This chapter shalluses permitted within such areas will be free from flooding not create liability on the part of the City, any officer or employee thereof, the State of California or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damage that results from reliance on this chapter or any administrative decision lawfully made thereunder. Prior Code Appendix B; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 120 Development Permit Required

A development permit shall be obtained before any construction or other development, including manufactured homes, begins within any area of special flood hazards established in Section 16. 48. 070. Application for a development permit shall be made on forms furnished by the Floodplain Administrator. The applicant shall provide the following information: A. Plans in duplicate, drawn to scale, showing: 1. Location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location; 2. Proposed locations of water supply, sanitary sewer, and other utilities; 3. Grading information showing existing and proposed contours, any proposed fill, and drainage facilities; 4. Location of regulatory floodway when applicable; 5. Base flood elevation information as specified in Section 16. 48. 070 or Section 16. 48. 140. C; 6. Proposed elevation in relation to mean sea level, of the lowest floor including basement) of all structures; and 7. Proposed elevation in relation to the mean sea level to which any nonresidential structure will be floodproofed, as required in Section 16. 48. 150 of this chapter and detailed in FEMA Technical Bulletin TB 3- 93. B. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodproofing criteria in Section 16. 48. 150. C. For a crawl- space foundation, location and total net area of foundation openings as required in Section 16. 48. 150 of this chapter and detailed in FEMA Technical Bulletins 1- 93 and 7- 93. D. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. E. All appropriate certifications listed in Section 16. 48. 140 of this chapter. Prior Code Appendix B; Ord. No. 97- 10, Amended, 5/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

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Section 16. 48. 130 Designation of the Floodplain Administrator

The City Engineer or designee, is hereby appointed to administer, implement, and

enforce this chapter by granting or denying development permits in accordance with its provisions. Prior Code Appendix B; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 140 Duties and Responsibilities of the Floodplain Administrator

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to: A. Permit review. Review all development permits to determine that: 1. Permit requirements of this chapter have been satisfied, including determination of substantial improvement and substantial damage of existing structures; 2. All required state and federal permits have been obtained; 3. The site is reasonably safe from flooding; 4. The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. This means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point within the City of Vista; and 5. All Letters of Map Revision ( LOMR' s) for flood control projects are permits.approved prior to the issuance of building Building permits must not be issued based on Conditional Letters of Map Revisions ( CLOMR' s). Approved CLOMR' s allow construction of the proposed flood control project and land preparation as specified in the " start of construction" definition. B. Development of Substantial Improvement and Substantial Damage Procedures. 1. Using FEMA publication FEMA 213 " Answers to Questions About Substantially Damaged Buildings," develop detailed procedures for identifying and administering requirements for substantial improvement and substantial damage, to include defining " Market Value." 2. Assure procedures are coordinated with other departments/ divisions and implemented by community staff. C. Review, Use and Development of Other Base Flood Data. 1. When base flood elevation data has not been provided in accordance with Section 16. 48. 070, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency or other source, in order to administer Sections 16. 48. 150 through 16. 48. 190; or 2. If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication " Managing Floodplain Development in Approximate Lone A Areas - A Guide for Obtaining and Developing Base ( 100- year) Flood Elevations" dated July 1995 in order to administer Sections 16. 48. 150 through 16. 48. 190. a. Simplified method. i) 100- year or base flood discharge shall be obtained using publication, or thethe appropriate regression equation found in a U. S. Geological Survey discharge- drainage area method; and ii) Base flood elevation shall be obtained using the Quick- 2 computer program developed by FEMA; or

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b. Detailed method.
i) 100- year or base flood discharge shall be obtained using

the U. S. Army Corps of Engineers' HEC- RAS computer program; and ii) Base flood elevation shall he obtained using the U. S. Army Corps of Engineers' HEC- HMS computer program. D. Notification of Other Agencies. 1. Alteration or relocation of a watercourse.

a. Notify adjacent communities and the California Department of

Water Resources prior to alteration or relocation; b. Submit evidence of such notification to the Federal Emergency Management Agency; and C. Assure that the flood carrying capacity within the altered or relocated portion of said watercourse is maintained. 2. Base Flood Elevation changes due to physical alterations ( the following submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.): a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision LOMR). b. All LOMR' s for flood control projects are approved prior to the

permits.issuance of building Building Permits must not be issued based on Conditional Letters

of Map Revision ( CLOMR' s). Approved CLOMR' s allow construction of the proposed flood control project and land preparation as specified in the " start of construction" definition. 3. Changes in corporate boundaries. Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. E. Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed: 1. Certification required in Section 16. 48. 150( C)( 1) ( lowest floor elevations) and Section 16. 48. 180 ( Manufactured Homes); 2. Certification required in Section 16. 48. 150( C)( 3)( c) ( elevation or flood proofing of nonresidential structures); 3. Certification required in Section 16. 48. 150( C)( 4)( a) or 16. 48. 150( C) ( 4)( b) wet flood proofing standard); 4. Certification of elevation required in Section 16. 48. 170( B) ( subdivision and other proposed development standards); 5. Certification required in Section 16. 48. 190( A) ( floodway encroachments); and 6. Maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Emergency Management Agency. F. Map Determinations. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Sections 16.48. 200 and 16. 48. 210. G. Remedial Action. Take action to remedy violations of this chapter as specified in Section 16. 48. 080 of this chapter. H. Biennial Reporting. Complete and submit Biennial Report to FEMA.

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I. Planning. Assure City of Vista' s General Plan is consistent with floodplain management objectives herein. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 150 Standards for Construction

In all areas of special flood hazards, the following standards are required:
A. Anchoring:
1. All new construction and substantial improvements of structures,

including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; and 2. All manufactured homes shall meet the anchoring standards of Section 16. 48. 180. B. Construction materials and methods. All new construction and substantial improvements shall be constructed: 1. With flood resistant materials as specified in FEMA Technical Bulletin TB 2- 93, and utility equipment resistant to flood damage for areas below the base flood elevation; 2. Using methods and practices that minimize flood damage; ventilation, plumbing and air conditioning 3. With electrical, heating, equipment and other service facilities that are designed and/ or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if 4. Within zones AH or AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. C. Elevation and flood proofing ( See definitions for " basement," " lowest floor," " new construction," " substantial damage," and " substantial improvement": 1. Residential construction, new or substantial improvement shall have the lowest floor, including basement, a. In AE, AH, Al- 30 Zones, elevated to or above the base flood

elevation. b. In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. ( The State of California recommends that in AO zones without velocity the lowest floor be elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified. C. In an A zone, elevated to or above the base flood elevation; said base flood elevation shall he determined by one of the methods in Section 16. 48. 140( B) of this chapter. ( The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation as determined by community). d. In all other zones, elevated to or above the base flood elevation. The State of California recommends the lowest floor be elevated at least two feet above the base flood elevation.) e. Upon the completion of the structure, the elevation of the lowest floor including basement shall he certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. 2. Nonresidential construction, new or improvement, shall either be elevated to conform with Section 1648. 150( C)( 1) or together with attendant utility and sanitary facilities.

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a. Be floodproofed below the elevation recommended under Section 16. 48. 150( C)( 1) so that the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and C. Be certified by a registered professional engineer or architect that the standards of this Section 16. 18. 150( C)( 2) are satisfied. Such certification shall he provided to the Floodplain Administrator. 3. Flood openings. All new construction and substantial improvement with fully enclosed areas below the lowest floor ( excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1- 93 and TB 7- 93, and must exceed the following minimum criteria: a. For non- engineered openings: i. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one foot

i. Have a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; ii. The bottom of all openings shall be no higher than one foot

above grade; iii. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; iv. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or b. Be certified by a registered professional engineer or architect. 4. Manufactured homes shall also meet the standards in Section 16. 48. 180. 5. Garages and low cost accessory structures. a. Attached garages. i. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 16. 48. 150. C. 3. Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 16. 48. 150. B. ii. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below grade parking areas, see FEMA Technical Bulletin TB- 6. b. Detached garages and accessory structures. " Accessory structures" used solely for parking ( 2 car detached garages or smaller) or limited storage ( small, low cost sheds), as defined in Section 16. 48. 050, may be constructed such that its floor is below the base flood elevation ( BFE), provided the structure is designed and constructed in accordance with the following requirements: i. Use of the accessory structure must be limited to parking or limited storage; ii. The portions of the accessory structure located below the BFE must be built using flood- resistant materials; iii. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement; iv. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;

V. The accessory structure must comply with floodplain

encroachment provisions in Section 16. 48. 190; and

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vi. The accessory structure must be designed to allow for the

automatic entry of floodwaters in accordance with Section 16. 48. 150. C. 3. C. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 16. 48. 150. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 160 Standards for Utilities

A. All new and replacement water supply and sanitary sewage systems shall be

designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters. B. On- site waste disposal systems shall he located to avoid impairment to them or contamination from them during flooding. Prior Code B; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 170 Standards for Subdivisions

A. All preliminary subdivision proposals shall identify the special flood hazard area

and the elevation of the base flood. B. All final subdivision plans will provide the elevation of proposed structure( s) and

pads. If the site is filled above the base flood, the final pad elevation shall he certified by a registered professional engineer or surveyor and provided to the floodplain administrator. C. All subdivision proposals shall be consistent with the need to minimize flood damage. D. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. F. All subdivisions shall provide adequate drainage to reduce exposure to flood hazards. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 180 Standards for Manufactured Homes

A. All manufactured homes that are placed or substantially improved within a special flood hazard area on the community' s Flood Insurance Rate Maps, on sites located in one of the below listed locations shall he elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation ( the State of California recommends at least two feet above the base flood elevation) and be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement. 1. Outside of a manufactured home park or subdivision; 2. In a new manufactured home park or subdivision; 3. In an expansion to an exiting manufactured home park or subdivision; or 4. In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred " substantial damage" as a result of a flood. B. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within a special flood area on the community' s Flood Insurance Rate Map that are not subject to the provisions of Paragraph 16.48. 180A will

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be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the: 1. Lowest floor of the manufactured home is at or above the base flood elevation ( the State of California recommends at least two feet above the base flood elevation),

or 2. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height

above grade. C. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community budding inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administrator. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 185 Standards for Recreational Vehicles

All recreational vehicles placed on sites within special flood hazard areas as shown on

the community' s Flood Insurance Rate Map will either: A. Be on the site for fewer than 180 consecutive days:

use - B. Be fully licensed and ready for highway a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has not permanently attached additions; or C. Meet the permit requirements of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 16. 48. 180. Ord. No. 97- 10, Enacted, 05/ 13/ 97; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 190 Floodways

Located within areas of a special flood hazard established in Section 16. 48. 070 are

areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply: adopted, no new construction, substantial A. Until a regulatory floodway is development, or other development, including fill, shall be permitted within Zones Al- 30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Vista. of Vista shall prohibit B. Within an adopted regulatory floodway, the City encroachments, including fill, new construction, substantial improvements, and other a registered professional engineer is provideddevelopment unless certification by demonstrating that encroachments shall not result in any increase in the base flood levels during the occurrence of the base flood discharge. C. If Subsections ( A) and ( B) of this section are satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Sections 16. 48. 150 through 16. 48. 190. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

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Section 16. 48. 200 Appeals and Variances

A. The City Council shall hear and decide appeals and requests for variances from the requirements of this chapter. B. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this chapter. C. In passing upon requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the: 1. Danger that materials may be swept onto other lands to the injury of others; 2. Danger of life and property due to flooding or erosion damage; 3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; 4. Importance of the services provided by the proposed facility to the community; 5. Necessity to the facility of a waterfront location, where applicable; 6. Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; of the proposed use with existing and anticipated 7. Compatibility development; 8. Relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. Safety of access to the property in time of flood for ordinary and emergency vehicles; 10. Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and and after flood 11. Costs of providing governmental services during conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges. D. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: 1. The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $ 25 for 100 of insurance coverage, and 2. Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Diego County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. E. The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in its biennial report submitted to the Federal Insurance Administration, Federal Emergency Management Agency. F. Procedures for Council hearings on variances shall be governed by the provisions of Chapter 18. 74 of this Code. Prior Code Appendix B; Ord. No. 97- 10, Amended, 05/ 13/ 97; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07).

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Section 16. 48. 210 Conditions for Variances

The variance criteria set forth in this section of the ordinance are based on the general principal of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may he granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be adjacent parcels. The unique characteristics mustunique to the property and not be shared by pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City of Vista to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. A. Variances may be issued for new construction, substantial improvement and other proposed new development to be erected on a lot of one- half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood considered. As the lot sizelevel, providing that the procedures of this chapter have been fully increases beyond one- half acre, the technical justification required for issuing the variance increases. B. Variances may he issued for the reconstruction, rehabilitation or restoration of historic structures" as defined in Section 16. 48. 050 upon a determination that the proposed repair or rehabilitation will not, preclude the structure' s continued designation as a historic structure and the valiance is the minimum necessary to preserve the historic character and design of the structure. C. Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during, the base flood discharge would result. D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering die flood hazard, to afford relief. " Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this chapter. For example, in the case of a variance to any elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will provide relief and preserve the integrity of the local ordinance. E. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances. F. Variances may he issued for new construction, substantial improvements and for other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Subsections ( A) through ( E) of this section are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

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G. Upon consideration of the factors of Section 16. 48. 200 and the purposes of this

chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Prior Code Appendix B; Ord. No. 2001- 20, Amended, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

Section 16. 48. 220 Severability

If any section, subsection, sentence, clause or phrase of this Ordinance is for any

reason held to he invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, clauses or phrases be declared invalid or unconstitutional. Ord. No. 2001- 20, Added, 10/ 09/ 01; Ord. No. 2007- 2, Amended, 5/ 8/ 07)

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Chapter 16. 52

School Facilities Dedications and Fees

Sections

16. 52. 010 Authority
17. 52. 020 Purpose and Intent
18. 52. 030 Definitions
19. 52. 040 Notification of School Districts
20. 52. 050 School District Findings
21. 52. 060 Requirements of Notice of Findings
22. 52. 070 Public Review
23. 52. 080 Requirement of Fees and/ or Dedications
24. 52. 090 Payment of Fees by Small Subdivisions
25. 52. 100 Standards for Land Dedication and Fees
26. 52. 110 Fees for Interim Facilities
27. 52. 120 Filing Application for Residential Development
28. 52. 130 Decision Factors
29. 52. 140 School District Schedule
30. 52. 150 Use of Land and Fees
31. 52. 160 Fee Fund Records and Reports
32. 52. 170 Determination of Requirements
33. 52. 180 Refund of Paid Fees
34. 52. 190 Time of Land Dedication/ Fee Payment
35. 52. 200 Procedure for Collection of Fees

Section 16. 52. 010 Authority

This chapter is adopted pursuant to the provisions of Chapter 4. 7 ( commencing with

Section 65970) of Division 1 of Title 7 of the Government Code. Prior Code 16C- 1. 1. 1)

Section 16. 52. 020 Purpose and Intent

This chapter is intended to implement school facilities dedication and fees legislation in the city and to provide authority whereby the City, affected school districts and applicants for land development approvals may undertake reasonable steps to alleviate overcrowded school facilities. This chapter is intended to provide alternative authority to that provided under the California Environmental Quality Act, General Plan policies and elements of the City, and state law to permit continued alleviation of conditions of overcrowding. Prior Code 16C- 1. 1. 2)

Section 16. 52. 030 Definitions

Conditions of overcrowding" means that the total enrollment of a school, including

enrollment from proposed development, exceeds the capacity of such school as determined by the governing body of the school district. unit" Dwelling means a building or a portion thereof, or a mobilehome, designed for residential occupation by one person or a group of two or more persons living together as a domestic unit.

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Reasonable methods for mitigating conditions of overcrowding" shall include, but

not be limited to the following: 1. Agreements between a subdivider and the affected school district whereby temporary- use buildings will be leased to the school district. 2. The use of temporary- use buildings owned by the school district. 3. The use of temporary portable classrooms, student bussing, classroom double sessions, year-round use of school facilities, school boundary realignments and elimination of low- priority school facilities uses. 4. Other measures considered by the school district. Residential development" means a project containing residential dwellings, including mobile homes, of one or more units or a subdivision of land for the purpose of constructing one or more residential units. Residential development includes, but is not limited to, dwelling development plan, General Plan amendment, subdivision tentative map, subdivision final map, parcel map, special use permit, site development plan, building permits and any discretionary permit for residential use. Prior Code 16C- 1. 1. 3- 16C. 1. 1. 6)

Section 16. 52. 040 Notification of School Districts

Upon receipt of an application for a residential development within an attendance area where the findings required by Section 16. 52. 050 have been made, the Director of Planning shall notify the affected school districts thereof. With the exception of applications for building permits, such notification shall be made no later than 30 days prior to consideration of the application by the City Council, Planning Commission or Planning Director. Prior Code 16C- 1. 1. 7)

Section 16. 52. 050 School District Findings

If the governing body of the school district which operates an elementary or high school
supported clear and convincing evidence that: ( a) conditions ofin the city makes a finding by

overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs, including the reason for such conditions existing, and ( b) that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exist, the governing body of the school district shall notify the City Council. The notice of findings sent to the City shall specify the mitigation measures considered by the school district. After the receipt of any notice of findings complying with this section, the City Council shall determine whether it concurs in such school district findings. If the City Council concurs in such findings, the provisions of Section 16. 52. 080 shall be applicable to actions taken on residential development by the City. Prior Code 16C- 1. 1. 8)

Section 16. 52. 060 Requirements of Notice of Findings

Any notice of findings sent by a school district to the City Council shall specify:
A. The findings listed in Section 16. 52. 050;
B. The mitigation measures and methods, including those listed in Section

16. 52. 030 ( in the definition of "reasonable methods for mitigating conditions of overcrowding"), and others considered by the school district, and any determination made concerning them by the school district; C. The boundaries of the overcrowded attendance area or areas.

Prior Code 16C- 1. 1. 9)

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Section 16. 52. 070 Public Review

The City Council shall take no action on the notice of findings sent to the City pursuant to Section 16. 52. 050 until the findings have been available to the public for 60 days after the date of receipt by the City. The City Council shall concur or not concur with the notice of findings within 61 days to 150 days after the date of receipt of the findings. The notice shall include a report on the status of all completed applications to the office of local assistance for determinations of eligibility under Chapter 22, Section 17700 et seq. of Part 10 of the Education Code. Prior Code 16C- 1. 1. 10)

Section 16. 52. 080 Requirement of Fees and/ or Dedications

For the purpose of establishing an interim method of providing classroom facilities where

overcrowding conditions exist, as determined necessary pursuant to Section 16. 52. 050, the dedication of land or the payment of fees in lieu thereof, or a combination of both, as determined by the City Council, Planning Commission or Planning Director, may be required as a condition to the approval of a residential development, providing that all of the following occur: A. The General Plan provides for the location of public schools; B. The land or fees, or both, transferred to a school district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities, as defined by the governing body of the district; C. The location and amount of land to be dedicated or the amount of fees to be paid, or both, shall bear a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and shall be reasonably related and limited to the need for schools caused by the development; and D. The facilities to be constructed from such fees or the land to be dedicated, or both, are consistent with the General Plan. Prior Code 16C- 1. 1. 11)

Section 16. 52. 090 Payment of Fees by Small Subdivisions

Only the payment of fees shall be required in subdivisions containing fifty parcels or less.

Prior Code 16C- 1. 1. 12)

Section 16. 52. 100 Standards for Land Dedication and Fees

The standards for the amount of dedicated land or fees to be required shall be established by the governing board of each school district where a determination has been made that conditions of overcrowding exist. Such standards and facts supporting them shall be transmitted to the City Council. If the City Council concurs in such standards, they shall, until revised, be used by the City Council, Planning Commission and Planning Director in situations where dedications of land and/ or fees are required as a condition of approval of a residential development. Nothing in this section shall prevent the City Council from establishing and using standards other than those established by the school district in the event the City Council is unable to concur in those transmitted by the district. Prior Code 16C- 1. 1. 13)

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Section 16. 52. 110 Fees for Interim Facilities

The fees for interim facilities shall not exceed the amount necessary to pay five annual

lease payments for the interim facilities. Prior Code 16C- 1. 1. 14)

Section 16. 52. 120 Filing Application for Residential Development

At the time of filing an application for approval of a residential development located

within an attendance area for which findings of overcrowding have been made, the applicant shall, as part of such filing, indicate whether it prefers to dedicate land for school facilities, to pay a fee in lieu thereof, or do a combination of these. If the applicant prefers to dedicate land, it shall suggest the specific land. Prior Code 16C- 1. 1. 15)

Section 16. 52. 130 Decision Factors

Upon receipt of notification, the governing board of the affected school district shall determine whether to require a dedication of land within the development, payment of a fee in lieu thereof or a combination of both. The school district shall then transmit the determination to the Director of Planning for submission to the appropriate decision- making body for concurrence. If the decision- making body concurs in such determination, it may at the time of its consideration of a residential development application impose such requirements. In making this determination, the following factors shall be considered: A. Whether the lands offered for dedication will be consistent with the General Plan; B. Whether the lands offered for dedication meet the criteria established by Education Code Section 39000 et seq.; C. The topography, soils, soils stability, drainage access, location and general utility of land in the development available for dedication; D. Whether the location and amount of lands proposed to be dedicated, or the amount of fees to be paid, or both, will be a reasonable relationship and will be limited to the needs of the community for interim elementary or high school facilities and will be reasonably related and limited to the need for schools caused by the development; E. If only a subdivision is proposed, whether it will contain fifty parcels or less; F. If the school district has entered into an agreement with the applicant for the residential development to mitigate conditions of overcrowding within the attendance area covered by the application, the governing board shall, upon receipt of the notification, so advise the Director of Planning and upon request transmit a copy thereof for submission to the appropriate decision- making body for consideration. Prior Code 16C- 1. 1. 16)

Section 16. 52. 140 School District Schedule

Following the action by a decision- making body of the City to require the dedication of

land or the payment of fees, or both, the Director of Planning shall notify each school district of the school district shall submit, upon request, aaffected thereby. The governing body schedule specifying how it will use the land or fees, or both, to solve the conditions of overcrowding. The schedule shall include the school sites to be used, the classroom facilities to be made available, and the times when such facilities will be available. In the event the governing body of the school district cannot meet the schedule, it shall submit modifications to the City Council and the reasons for the modifications. Prior Code 16C- 1. 1. 18)

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Section 16. 52. 150 Use of Land and Fees

All land or fees, or both, collected pursuant to this chapter and transferred to a school

district shall be used only for the purpose of providing interim elementary or high school classroom and related facilities. Prior Code 16C- 1. 1. 18)

Section 16. 52. 160 Fee Fund Records and Reports

Any school district receiving funds pursuant to this chapter shall maintain a separate

account for any fees paid and shall file a report with the City Council on the balance in the account at the end of the previous fiscal year and the facilities leased, purchased or constructed during the previous fiscal year. In addition, the report shall specify which attendance areas within the city will continue to be overcrowded when the fall term begins and where conditions of overcrowding will no longer exist. Such report shall be filed by August 1 st of each year and shall be filed more frequently at the request of the City. Prior Code 16C- 1. 1. 19)

Section 16. 52. 170 Determination of Requirements

When it is determined that conditions of overcrowding no longer exist in an attendance

area, the City shall cease levying any fee or requiring the dedication of any land pursuant to this chapter for the area. Prior Code 16C- 1. 1. 20)

Section 16. 52. 180 Refund of Paid Fees

If a residential development approval is vacated or voided, and if the City or affected

school district still retains the land and/ or fees collected under this chapter therefore, and if the applicant so requests, the City Council or the governing board of the school district shall order the land and/ or fees returned to the applicant. Prior Code 16C- 1. 1. 21)

Section 16. 52. 190 Time of Land Dedication/ Fee Payment

When land is to be dedicated, it shall be offered for dedication prior to final discretionary

approval, such as, for example, before approval of a final map or special use permit. If payment of a fee is required, such payment shall be made at the time building permits are approved and issued, unless otherwise required by law. Prior Code 16C- 1. 1. 22)

Section 16. 52. 200 Procedure for Collection of Fees

The City, through its applicable approval procedures, shall issue no building permit

under the aegis of this chapter unless and until the applicant has obtained a certificate from the appropriate school district stating that fees have been paid or otherwise accounted for or land dedicated. Prior Code 16C- 1. 1. 23)

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Chapter 16. 56

Street Dedications and Improvements

Sections:

16. 56. 010 Dedication and Improvements Required
17. 56. 020 Maximum Area of Dedication Established
18. 56. 030 Exemption - Prior Occupancy by Main Building
19. 56. 040 Exemption - Minor Work
20. 56. 050 Dedication - Procedure
21. 56. 060 Dedication - Time of Completion
22. 56. 070 Types of Guarantee Acceptable
23. 56. 080 Guarantee Provisions
24. 56. 090 Release of Guarantee
25. 56. 100 Improvements Considered Complete When Guarantee Accepted
26. 56. 110 Standards Established
27. 56. 120 Single- Family Residential Zones on One- Half Acre or Larger Parcels
28. 56. 130 Single-Family Residential Zones
29. 56. 140 Multi- Family Residential Zones
30. 56. 141 Commercial and Industrial Zones
31. 56. 142 Hillside Streets
32. 56. 143 Speed Bumps
33. 56. 144 Additional Requirements; Collector Streets and Prime Arterials
34. 56. 145 Reasonable Deviations Allowed
35. 56. 146 City Participation Allowed
36. 56. 150 Reimbursement from Property Benefited by Publicly Constructed Improvements
37. 56. 160 Publicly Constructed Improvements - Hearings and Reimbursement Charges
38. 56. 170 Precedence of Title 17

Section 16. 56. 010 Dedication and Improvements Required

Except as otherwise provided in this chapter, no building or structure shall be erected,

and no building permit shall be issued therefore, on any lot or parcel of land, if such parcel abuts a public street, unless one- half of the street abutting such lot or parcel has been dedicated and improved so as to meet the standards for such public streets provided in this chapter, or such dedication and improvement has been guaranteed to the satisfaction of the City Engineer. Construction of street improvements may be deferred by paying an amount as specified in the City' s fee schedule if the City Engineer determines that construction would cause a traffic hazard, drainage problem or serve no benefit to the public in the immediate future. Prior Code 27- 1. 1. 1)

Section 16. 56. 020 Maximum Area of Dedication Established

The maximum area of land to be dedicated under this chapter shall not exceed 25% of

the area of the total parcel of land on which the building will be located. Prior Code 27- 1. 1. 3)

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Section 16. 56. 030 Exemption - Prior Occupancy by Main Building

No dedication or improvement shall be required on any lot or parcel occupied by a main building which existed on December 15, 1964, unless reconstruction of the main building is proposed where the value of the reconstruction ( or renovations) of the main building and any proposed accessory structures equals or exceeds 75% of the value of the main building. The value of the reconstruction ( or renovation) for a property shall include the value of all construction originating from construction related permits issued within the last two years. Prior Code 27- 1. 1. 4; Ord. No. 81- 20, Enacted, 3/ 09/ 81; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

Section 16. 56. 040 Exemption - Minor Work

The provisions of this chapter shall not apply to the following types of construction:

additions, swimming pools, alterations and accessory buildings, incidental to a residential dwelling or dwellings, legally existing on such lot or parcel that do not create an additional dwelling unit. Prior Code 27- 1. 1. 6)

Section 16. 56. 050 Dedication - Procedure

Any person required to dedicate land under the provisions of this chapter shall execute

and deliver an easement deed, grant deed or irrevocable offer of dedication. Said documents shall be on a form approved by the City Attorney and executed by all parties of interest, including beneficiaries and trustees in deeds of trust. The description of the land to be dedicated shall be approved by the City Engineer who shall, upon receipt of such documents and approval of the content thereof, promptly transmit same to the City Clerk who shall cause them to be recorded with the Recorder of San Diego County. Prior Code 27- 1. 1. 7)

Section 16. 56. 060 Dedication - Time of Completion

For the purpose of this chapter, dedication shall be considered to be complete upon

acceptance and approval of the document by the City Engineer. Prior Code 27- 1. 1. 8)

Section 16. 56. 070 Types of Guarantee Acceptable

Any person required to make improvements under the provisions of this chapter shall either make and complete the same to the satisfaction of the City Engineer or shall file with the City Engineer a bond, or other suitable guarantee, as described in Subsections ( A) through ( E) of this section, in such an amount as the City Engineer shall estimate and determine to be necessary to complete all of the improvements required. Such bond shall be one of the following: A. A cash bond; B. An instrument of credit from an approved financial institution; C. A bond executed by a company authorized to act as a surety in this state; D. A fee in lieu of construction in the amount of current year construction costs plus 30% for engineering design and contingencies will be deposited with the City. Construction cost estimates will be on a pro rata basis for full street improvements. These monies will be put into a restricted assets account for actual construction of improvements in the public rights- of-way for that street; and

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E. Such other type of guarantee as may be approved by the City Council.

Prior Code 27- 1. 2. 1)

Section 16. 56. 080 Guarantee Provisions

A. Any bond filed shall be payable to the City and be conditioned upon the

execution of an improvement agreement under the terms and conditions set forth in Section 16. 56.080( B) requiring the faithful performance of any and all work required to be done, and specifying that should such work not be done or completed in the time required, the City may, at its option, cause the same to be done or completed and the parties executing the bond shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses incurred in the construction thereof. The improvement agreement shall be in the form approved by the City Attorney. Whenever the owner elects to deposit a cash bond, the City Engineer may, after approval by the City Council, use any or all of the deposit money to cause the required work to be completed. Any monies remaining after completion of the work shall be refunded to the owner. or his designee, is authorized to execute improvement B. The City Engineer, agreements on behalf of the City subject to the following terms and conditions: 1. The term of the improvement agreement shall not exceed two years, nor be extended for more than 12 months from the original expiration date of the improvement

agreement. 2. The amount of the security to be deposited shall be based on the estimate of the cost of the improvements approved by the City Engineer. 3. The improvements shall be constructed in accordance with plans approved by the City Engineer. 4. The improvements shall be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. Prior Code 27- 1. 2. 2; Ord. No. 2000- 2, Amended, 06/ 13/ 00)

Section 16. 56. 090 Release of Guarantee

Security for the construction of improvements required under this chapter may be

released only by action of the City Council, who may establish an administrative service fee for partial release of security. Prior Code 27- 1. 2. 3)

Section 16. 56. 100 Improvements Considered Complete When Guarantee Accepted

Security for the construction of improvements required under this chapter may be

released by the approval of the City Engineer, or his designee. The City Council may establish an administrative service fee for partial release of security. Prior Code 27- 1. 2. 4; Ord. No. 2000- 2, Amended, 06/ 13/ 00)

Section 16. 56. 110 Standards Established

All streets shall be constructed and improved in accordance with the following minimum

standards. A. Arterial streets, collector streets, and minor collector streets shall be constructed in conformance with those standards established in the circulation element of the City of Vista General Plan.

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B. Local streets, other than cul- de- sac streets, rural roads and semi- rural streets, shall be dedicated to a width of 60 feet with 40 feet of roadway, centered upon the right- of-way. Standard vertical concrete curbs ( not colored) on both sides shall be provided. C. Cul- de- sac streets, other than rural roads and semi- rural streets, shall be dedicated to a width of 56 feet with 36 feet of roadway, centered upon the right- of- way. Cul- de- sac streets constructed to this standard shall have a maximum length of 600 feet unless otherwise approved because of mitigating circumstances. Standard vertical concrete curbs ( not colored) on both sides shall be provided. D. Hillside streets consist of all local streets so designated by the City Council prior to September 14, 2007 ( effective date of this ordinance). Subsequent to September 14, 2007 effective date of this ordinance), no local streets shall be designated hillside streets. Streets previously designated as hillside streets shall be developed using the semi- rural street standards under Subsection ( J) of this section, unless the required modification would interfere with vested legal rights, the required street construction per hillside street standards has already occurred, has commenced, or the City Planner makes a determination that hillside street standards need to be followed in order to ensure street design continuity and consistency. E. The parkway portion of all streets as set forth in ( A) through ( D) above, shall be improved as set forth in this division. F. Street trees shall be required in all parkways at the rate of a minimum of one per lot or one per each 40 feet of frontage, whichever results in the greater number of trees. Species shall be approved by the City Engineer. G. All improvements required to be made by the provisions of this division shall be done in accordance with the latest edition of the " Standard Specifications for Public Works Construction," the San Diego County Regional Standard Drawings, and such other standard details and drawings as may, from time to time, be approved by the City Engineer. H. Specific plans and development agreements may set other standards for road improvements provided said standards conform to the General Plan. I. Alternate Standards for Rural Roads Rural roads consist of all local streets so designated by the City Planner prior to September 14, 2007 ( effective date of this ordinance). Subsequent to September 14, 2007 effective date of this ordinance), no local streets shall be designated rural roads. Streets previously designated as rural roads shall be developed using the semi- rural street standards under Subsection ( J) of this section, unless the required modification would interfere with vested legal rights, the required street construction per rural road standards has already occurred, has commenced, or the City Planner makes a determination that rural road standards need to be followed in order to ensure street design continuity and consistency. Classification: Local Dedicated width: 60 feet Paved width: 28 feet ( two 14- foot lanes) with a minimum traffic index of 6. 0. Edge condition: Concrete mountable rolled curbs on both sides ( in accordance with Standard Plan G- 4). Parkway ( varies): 16 feet each side with meandering decomposed granite ( Class 3AB), asphalt, or concrete walkway five feet to eight feet wide with a structural section approved by the City Engineer. Type of surface must be approved by the City Planner in addition to meeting handicap accessibility requirements. Utility Undergrounding: In accordance with the requirements of the Municipal Code. Lighting: For safety purposes only, at intersections and as required by the City Engineer. Miscellaneous: 1. A storm drain system to adequately handle drainage.

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2. Periodic turnouts for parking ( 8 feet by 24 feet) as required by the City

Engineer. 3. Fire lane signs as required by the Fire Marshal. 4. Thematic fencing or other design element on one or both sides of the roadway at major intersections as required by the City Planner. J. Semi- Rural Street Standard Determination: Streets satisfying the definition of Section 18. 02. 623 shall constitute semi- rural streets. Dedicated Width: 40 feet Paved Width: 28 feet ( two 14- foot lanes) with a minimum traffic index of 6. 0. Edge Condition: Standard vertical concrete curbs ( not colored) on both sides. Parkway: Six-foot landscaped parkways on each side of the street, no sidewalks. No sidewalks will be permitted on the following previously designated two- lane light collector streets: Alta Vista Drive and Warmlands Avenue from East Vista Way to Vista Grande Drive ( a 10- foot wide parkway/ sidewalk would typically be required on these two- lane light collector streets). On streets identified for pedestrian facilities in the General Plan, one of the parkways shall be expanded to 12 feet to accommodate the pedestrian facilities. Utility Undergrounding: In accordance with the requirements of the Development Code. Lighting: Street lights shall only be required for traffic safety purposes and as required s Engineer. For example, street lights shall be located at intersections, by the City' sharp curves in roads, and at end of cul- de- sacs where the cul- de- sac length exceeds 400 feet. High pressure sodium lights shall be used. Miscellaneous: 1. A storm drain system shall be installed to adequately handle drainage. 2. Fire lane signs shall be provided as required by the Fire Marshal. 3. Periodic accommodations for off- street parking within proposed subdivisions shall be provided in accordance with Section 18. 54.050G. Prior Code 27- 1. 3. 1 ; Ord. No. 91- 42, Repealed & Added, 12/ 10/ 91 ; Ord. No. 99- 19, Amended, 9/ 28/ 99; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

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Vista Municipal Code SEMI- RURAL STREET STANDARD FOR LOCAL PUBLIC STREETS IN A- 1 E- 1. R- 1 ZONES WITHIN SEMI- RURAL AREAS AND CIRCULATION ELEMENT STREETS** NO PARKING EITHER SIDE)

R/ w R/ W RAW

28

CL
4m'

2%

2%

6— INCH CONCRETE ' CURB AND GUMER NO COLOR)
BOTH SIDES PER S. D. R. S. D G- 2

A. C. PAVEMENT OVER CLASS 11
AGGREGATE BASE MATERIAL, T. I. — 6. 0.
MIN. PAVEMENT SECTION 4" AC ON 8" CLASS 11

WHEN SPECIFIED BY GENERAL PLAN, PARKWAY
ON ONE SIDE SHALL BE EXPANDEDA TO 12 FE-77
TO ACCOMMODATE PEDESTRIAN FACILFIES.

7, 900 OR FEWER AVERAGE DAILY TRIPS BASED ON
2030 PROJECTED AVERAGE DAILY TRAFFMC VOLUMES.

i ITY 0 VIS 1 E
13 H ET I

CITY ENGINEEIR R. C. E. DATE: IS AN DAR D DRAWINC-

1 E 13 H ET I CITY ENGINEEIR R. C. E. DATE: IS AN DAR D DRAWINC-

I A ' Nr" r D. G,._SCAf SETA- RURAL S; i R E E: N. T. S.

D— 1 0—M. DWG STr%ND.AJRDA N LNA!B E R: 16. 56 ( 6) Vista 9/ 14/ 07)

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Section 16. 56. 120 Single- Family Residential Zones on One- Half Acre or Larger Parcels

If the development is located in a single-family zone district where the minimum parcel

size is one- half acre or larger, the following improvements shall be required: A. Local streets within the subdivision shall be improved with a curb to curb paved section pursuant to City specifications. B. Each parkway shall include a concrete curb and concrete driveway approaches. C. No sidewalks will be permitted on local public streets in zones A- 1 and E- 1 and on the following streets ( Alta Vista Drive and Warmlands Avenue from East Vista Way to Taylor Street). D. Local streets abutting the development shall be improved to the same standards as in Subsections ( A), ( B), and ( C) of this section, except that streets shall only be improved to half- street standards plus 12 feet. E. Subsection ( D) of this section shall not be applicable where through streets abutting the development are fully improved adjacent to the development to a different standard. If such is the case, such different standards shall be continued unless it requires less improvements, and in that event, Subsection ( D) shall be applicable. F. New collector streets or prime arterials shall be improved to full width standards within the development. Streets abutting said development shall be improved to one half-street standards set forth in the Circulation Element of the General Plan. Prior Code 27- 1. 3. 2; Ord. No. 91- 42, Repealed & Added, 12/ 10/ 91; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

Section 16. 56. 130 Single- Family Residential Zones

If the minimum parcel size is less than one- half acre and the development is located in a

single- family zone district, the following improvements shall be required: A. Local streets within the development shall be improved with a curb to curb paved section as required by City specifications and with a parkway as specified herein. B. Each parkway shall be improved with concrete curb and gutter, concrete driveway approaches and five foot wide contiguous concrete sidewalks. No sidewalks will be permitted on local public streets in R- 1 zone with semi- rural character and on the following streets (Alta Vista Drive and Warmlands Avenue from East Vista Way to Taylor Street). C. Local streets abutting the development shall be improved as required in Subsections ( A) and ( B) of this section, except that streets shall be improved to half- street standards plus 12 feet. D. Subsection ( C) of this section shall not be applicable where through streets abutting the development are fully improved adjacent to the development to different standards. If such is the case such different standards shall be continued unless it requires less improvement, and in that event, Subsection ( C) shall be applicable. E. Collector or prime arterial streets within the development shall be improved to full width standards required for the collector or prime arterial with concrete curbs, and sidewalks at the discretion of the City Engineer. F. Collector streets or prime arterials abutting the subdivision shall be improved to one half-street standards set forth in the Circulation Element of the General Plan. Prior Code 27- 1. 3. 3; Ord. No. 91- 42, Repealed & Added, 12/ 10/ 91; Ord. No. 2007- 12, Amended 8/ 14/ 07)

Section 16. 56. 140 Multi- Family Residential Zones

If the development is located in a multi- family residential zone district, the following

improvements shall be required:

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A. Local streets within the development shall be improved with a curb to curb paved section as required by the City specifications and with a parkway as specified herein. B. Each parkway shall be improved with concrete curb and gutter, concrete driveway approaches, and five foot wide sidewalks. C. Local streets abutting the development shall be improved as required in Subsections ( A) and ( B) of this section, except that streets need only be improved to half street standards plus 12 feet. D. Subsection ( C) of this section shall not be applicable where through streets abutting the development are fully improved to different standards. If such is the case, such different standards shall be continued unless it requires less improvement, and in that event, Subsection ( C) of this section shall be applicable. E. Collector or prime arterial streets within development shall be improved to one of the following standards at the discretion of the City Council: 1. Improvement to full 60 foot width standards with the center left for future improvement; or 2. Full paving to the standards required for collector or prime arterials with asphaltic berm and sidewalks at the discretion of the City Engineer. F. Collector streets or prime arterials abutting the subdivision shall be improved pursuant to ( 1) or ( 2) of Subsection ( E) to half street standards plus 12 feet. Prior Code 27- 1. 3. 4; Ord. No. 91- 42, Repealed & Added, 12/ 10/ 91)

Section 16. 56. 141 Commercial and Industrial Zones

If the development is located in a commercial or industrial or other non- residential zone district, the following improvements shall be required: A. Local streets within the development shall be improved with a curb to curb paved section as required by the City specifications with a parkway as specified herein. B. Each parkway shall be improved with concrete curb and gutter, concrete driveway approaches and ten foot wide concrete sidewalks, except that if the parkway is less than ten feet in width, the sidewalk shall be extended from curb to property lines. C. Local streets abutting the development shall be improved to half- street standards plus 12 feet. D. Collector streets or prime arterial streets within the development shall be improved to one of the following standards at the discretion of the City Engineer: 1. Improvement of full 60 foot width street standards, leaving the center for future improvement. 2. Full paving to the standards required for the collector street or prime arterial with asphaltic berm and sidewalks. E. Collector streets or prime arterials abutting the development shall be improved pursuant to ( 1) or ( 2) of Subsection ( D) to half-street standards plus 12 feet. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 56. 142 Hillside Streets

Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 2005- 6, Amended, 3/ 22/ 05; Ord. No. 2007- 12, Repealed, 8/ 14/ 07)

Section 16. 56. 143 Speed Bumps

Speed bumps and speed humps are prohibited on public streets unless otherwise

approved by the City Engineer. Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 94- 28, Amended, 11/ 22/ 94)

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Section 16. 56. 144 Additional Requirements; Collector Streets and Prime Arterials

If the development will generate greater traffic than that which is normal for local streets

and the development contains a collector street or prime arterial, full improvement of the collector street or prime arterial street shall be required. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 56. 145 Reasonable Deviations Allowed

The City Engineer may approve and allow such reasonable variations and deviations

from the aforesaid requirements as he deems as necessitated by the conditions of the terrain and the existing improvements contiguous to the property involved. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 56. 146 City Participation Allowed

Upon written application to the City Council and recommendation of the City Engineer, the City may provide for contribution toward the cost of making any improvement required by the provision of this section which the City Engineer determines will cost an amount greatly in excess of the cost of other property owners who are required to make nearby similar improvements. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 56. 150 Reimbursement from Property Benefited by Publicly Constructed Improvements

Whenever public improvements, including, but not limited to, the construction of public

street improvements, such as curbs, gutters, sidewalks, street lights and pavement, storm drainage facilities, public sanitary sewer facilities, grading, traffic signals and appurtenances thereof, have been constructed and the costs paid by the City, the City Engineer may, upon final inspection and acceptance of the improvements by the City determine: A. The cost of such improvements; B. The boundary of the area of all property benefited; and C. The allocation of the cost of construction of the public improvements to the various parcels of property in the benefit area. Prior Code 27- 1. 4. 1)

Section 16. 56. 160 Publicly Constructed Improvements - Hearings and Reimbursement Charges

A. The City Council shall hold a public hearing to establish the area of benefit and

reimbursement charge which shall be allocated to all parcels in the area of benefit. This reimbursement charge shall only be established if the City Council can make the following findings: ( 1) the reimbursement charge is reasonably related to the cost of such public improvements; and ( 2) that the area of benefit is the ultimate beneficiary of the public improvements. The City Engineer shall report on the reasonableness of the cost of the construction of the public improvements, and the City Council may reduce the reimbursement charge if found to be unreasonable. The City Council shall adopt a resolution setting forth the above findings, and include: ( 1) the legal descriptions of each parcel of property in the area of benefit; ( 2) the reimbursement charge to be allocated to and imposed upon each parcel of property in the area of benefit; and ( 3) the identity of the owner. A certified copy of such resolution shall be recorded with the County Recorder.

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B. In addition to the notice required by Section 66451. 3 of the Government Code, written notice of the hearing shall be given to the owners of property within the proposed area of benefit, as well as to potential users of the constructed public improvements insofar as they can be ascertained by the latest equalized assessment roll. Such notices shall be mailed by the City Clerk at least 30 days prior to the date established for the City Council public hearing. C. If a majority of the property owners subject to a majority of the reimbursement charge in the area of benefit object to the reimbursement charge, the City Council may approve the reimbursement charge by a majority affirmative vote. D. Any person who files a Tentative Map or Tentative Parcel Map or applies for a Building Permit within 20 years from the date the reimbursement charge is in effect, shall pay the reimbursement charge prior to the filing of the Final Map or Parcel Map or the issuance of the Building Permit. However, the reimbursement charge shall not be required if the Building Permit is for improving an existing single- family residential home, and the improvements will not change or intensify the residential land use. E. Any reimbursement charge paid within the 20 year period set forth in Subsection D) of this section shall include the principal charge plus interest from the date the reimbursement charge was in effect at prime rate. " Prime rate" means the average prime rate for the year immediately preceding each anniversary date the reimbursement charge was in effect as determined by Bank of America, N. A. Upon payment of said charge, the City Clerk shall record with the County Recorder a notice satisfactory to the City Attorney that said charge has been paid on said parcel. Prior Code 27- 1. 4. 2)

Section 16. 56. 170 Precedence of Title 17

Nothing in this chapter shall conflict with the powers and duties of the City Council and

advisory bodies as described in Chapter 17 of this code. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

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Chapter 16. 57

Private Street and Driveway Standards

Sections:

16. 57. 010 Scope of Regulations
17. 57. 020 Standards for Private Streets
18. 57. 030 Design Standards for Private Streets
19. 57. 040 Development Criteria for Private Streets ( Required for Three or More Single- Family Residential Lots)
20. 57. 050 Private Streets Prohibited in Certain Zones
21. 57. 060 Private Access for Commercial or Industrial Developments
22. 57. 070 Access in Mobile Home Parks
23. 57. 080 Speed Bumps and Speed Humps on Private Property
24. 57. 090 Private Driveways

Section 16. 57. 010 Scope of Regulations

All development of private streets and driveways shall conform to the regulations and standards of this chapter. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 57. 020 Standards for Private Streets

All use of private streets shall conform to the following standards:
A. Private streets may be allowed in new developments only where their use is

logically consistent with a desire for neighborhood identification and control of access, and where special overall design concepts may be involved. B. The use of private streets shall be limited to local interior residential streets not carrying through traffic. There must be positive finding that there is no potential to serve additional property. C. Private streets shall be permitted only where a satisfactory means of assuring for their maintenance and operations is demonstrated by the developer and approved by the City Attorney. D. The design of all private streets shall be in accordance with City standards and shall be reviewed and approved by the Engineering Department, and the construction shall be inspected by the Engineering Department, with a standard inspection fee to be paid. E. The use of private streets as a device for permitting inadequate design shall not be allowed. F. The Homeowners' Association constitution, by- laws or covenants- conditions- restrictions shall include acknowledgment of the ownership and maintenance responsibility of these private facilities. G. The entire width of the traveled way of the private street may be required to be dedicated to the City as a permanent sewer and public utilities easement, i. e. the easements granted to the City shall take precedence and have prior rights over any other easement. H. The City shall assume no responsibility for enforcement of parking and traffic control except fire lane enforcement unless specifically requested and approved. I. Where streets are constructed to such standards that eliminate parking on one or both sides of the street, appropriate signs reading, " No Parking Fire Lane," shall be erected where parking has been eliminated. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

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Vista Municipal Code

Section 16. 57. 030 Design Standards for Private Streets

All private streets shall conform to the design standards of this division. A. A standard crown section with concrete curb and gutter on both sides shall be required along all private streets. Modified rolled concrete curbs shall be required in rural and semi- rural areas except that vertical concrete curbs shall apply in the case of private streets with a maximum street grade of greater than seven percent. B. Portland cement concrete sidewalks shall be provided on all private streets within the R- 1 and higher density zoning districts, except when private streets are located within the R- 1 zones in semi- rural areas, in which case no sidewalk shall be provided. Alternate means of accommodating pedestrian traffic may be allowed as part of project approval. C. Street lighting adequate for pedestrian and vehicular safety shall be provided as approved by the City Engineer. Along semi- rural streets, street lights shall only be required for traffic safety purposes and as required by the City' s Engineer. Locations requiring street lights include intersections, sharp curves in roads, and at the end of cul- de- sacs where cul- de- sac length exceeds 400 feet. High pressure sodium lights shall be used. D. Adequate signs, conforming with the Vista City Code relating to signing shall be provided and maintained at all entrances to private streets clearly designating the private street status of such streets. E. All private cul- de- sac streets shall include, at each street terminus, acceptable turnarounds to accommodate a 40- foot turning radius. No " hammerhead" turnarounds shall be accepted unless otherwise approved by the City Planner. Cul- de- sac street access facilities shall not exceed 600 feet, unless otherwise approved because of mitigating circumstances. F. A Homeowner' s Association ( HOA) shall be formed. The bylaws or covenants, conditions and restrictions for the HOA, using City- approved language, shall specify maintenance responsibility for private streets and associated public and private improvements. G. Where special circumstances exist, deviations from the standards may be approved by the City Engineer provided that the changes do not adversely affect the public health, safety or welfare. Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

Section 16. 57. 040 Development Criteria for Private Streets ( Required for Three or More Single- Family Residential Lots)

Private streets are required for developments of three or more single- family residential

lots. Private streets shall meet the criteria of the following table and typical sections:

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PRIVATE STREET STANDARDS FOR STREETS SERVING A POTENTIAL OF THREE OR MORE LOTS)

Minimum Graded
Road Paved Traffic 5' Shoulder

Case Lot Size Easement P. U. E. Width Index M Curb and Gutter S.W. S. L. Required 1. Smaller 46' 5' 36' 5. 5 Yes Yes Yes 5' each than 0. 50 each side acre; side P. U. E.) 600'

maximum
length
2. Smaller 50' 5' 40' 5. 5 Yes Yes Yes 5' each
than 0. 50 each side
acre; side P. U. E.)
Longer
than 600'
in length
3. Smaller 40' 5' one 32' 5. 5 Yes Yes Yes 5' one side
than 0. 50 side on P. U. E.)

acre one

single side loaded 4. R- 1 35' 3' 24' 5. 0 Modified rolled No ( a) 3' each zoned each curb both sides. side lots side Vertical concrete No b) within curbs when parking( semi- maximum street rural grade is greater areas than 7 percent 5. 0. 50 acre 35' 3' 24' 5. 0 Modified rolled No ( a) 3' each or larger each curb both sides. side side Vertical concrete No b) curbs when parking( maximum street grade is greater than 7 percent a)Street lights for safety at intersections, at end of cul- de- sacs where cul- de- sac length exceeds 400 feet and where sharp curves are located. b) Provide periodic accommodations for off- street parking within proposed subdivisions. Refer to Section 18. 54. 050G for specific requirements. c) Minimum pavement section shall be 3" AC over 5" Class II base material. NOTE: Minimum street standards shall be increased, if warranted by traffic analysis, as determined by City Engineer.

Abbreviations:
R/ W Right-of-Way
P. U. E. Public Utility Easement adjacent to R/ W
S.W. Sidewalk contiguous to curb and gutter
S. L. Public street light in lighting district
Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 2007- 12, Amended, 8/ 14/ 07)

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PRIVATE STREETS FOR

LOTS < 0. 50 ACRE ( 000' MAX LENGTH)

ADDITIONAL PUBLIC UTILITY EASEMENT ( PUE) FOR STREET LIGHTS, FIRE HYDRANTS, ELECTRIC AND TELEPHONE BOXES

46* PRIVATE STREET EASEMENT

23' 23'

36' CURB TO CURB
5' 5.

CL
is'

ooh
c62.

2% 2%

4
liiiiili 131 Z

4- INCH SIDEWALK PER
SDRSD G- 7 ON NATIVE*

6- INCH CONCRETE CURB AND GUTTER ( NO COLOR)
RUTH SIDES PER S. D.R3,I) 63- 2

A. C. PAVEMENT OVER CLASS 11
AGGREGATE BASE MATERIAL, T. I. = 5. 5

IF EXIST. SUBGRADE Ra25 OTHERWISE
6" 0 F CLASS II BASE AT 95% REL. COMP.

CITY OF VISTA
SHEET I of ICITY ENGINEER R. C. E. DATE: STANDARD DRAWING
PRIVATE STREET STANDARD DRAWING

SCALE: N. T. S. 10- ClD- 1 0- C1, DWG CASE 1 NUMBER:

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PRIVATE STREETS FOR

6001)
LOTS < 0. 50 ACRE ( LENGTH >

ADDITIONAL PUBLIC UTILITY EASEMENT ( PUE)
FOR STREET LIGHTS, FIRE HYDRANTS.
ELECTRIC AND TELEPHONE BOXES

50' PRIVATE STREET EASEMENT

5' 5' 40' CURB TO CURB

CL
20 20

ti 2%

4- INCH SIDEWALK PER
SORSD G-- 7 ON NATIVE"

B- INCH CONCRETE CURB AND GUTTER ( NO COLOR)
BOTH SIDES PER S. D. R. S. D G- 2

A. C. PAVEMENT OVER CLASS v
AGGREGATE BASE MATERIAL, T. E. = 5. 5

IF EXIST, SUBGRAOE R= OTHERWISE
6' OF CLASS If BASE AT 95% RE L. COMP.

CITY OF VISTA
of TY ENGINEER R. C. E. DATE: STANDARD DRAWING SHEET 1

SCALE' N. T. S. PRIVATE STREET STANDARD DRAWINGNG p_ Ta- CZ. DwG CASE 2 NUMBER,

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PRIVATE SINGLE- LOADED STREET FOR
LOTS E 0. 50 ACRE ( PARKING ONE SIDE ONLY)

ADDITIONAL PUBLIC UTILITY EASEMENT ( PUE)
FOR STREET LIGHTS. FIRE HYDRANTS,
ELECTRIC AND TELEPHONE BOXES

40' PRIVATE STREET EASEMENT

32' CURB TO CURB

CL
3' 16' 16 5

2fi zq

4- INCH SIDEWALK PER
SDRSD G- 7 ON NATIVE*

6-- INCH CONCRETE CURB AND GUTTER ( NO COLOR) BOTH SIDES PER S. D. R. S. D G- 2

A. C. PAVEMENT OVER CLASS 11
AGGREGATE BASE MATERIAL, T. I. 5, 5

IF EXIST. SJBGRAI) E R! 25 OTHERWISE
OF CLASS II BASE AT 95%v REL, COMP.

CITY OF VISTA
SHEET 1 of 1CITY ENGINEER R. C, E, DATE: STANDARD DRAWING
PRIVATE STREET STANDARD DRAWINGSCALE: N. T. S. 10— 3D- 1 o- C3. DWG CASE 3 NUMBER:

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PRIVATE STREETS FOR
R- 1 ZONED LOTS WITHIN SEMI RURAL AREAS ( CASE 4)
AND LOTS 0, 50 ACRE OR LARGER ( CASE 5)
NO PARKING EITHER SIDE)

35' PRIVATE STREET AND UTILITY EASEMENT

FL FL 24' FLOWLINE TO F' LOWLINE

CL
5. 5' 12' 12' 5. 5'

3' 2. 5' 1. 0' 1. 0 2. 5' 3'
r tt+

G

rti+x.
5x IAA%•

MODIFIED ROLLED CONCRETE CURB/ GUTTER-
BOTH SIDES --- NO COLOR)

A. C. PAVEMENT OVER CLASS 11
AGGREGATE BASE MATERIAL, T. 1. = 5. 0

VERTICAL. CURS REQUIRED WHEN
STREET GRADE a 7%

CITY OF VISTA SHEET 1 of 1 ENGINEER R. C. E. DATE: STANDARD DRAWING PRIVATE STREET STANDARD DRAWINGSCALE: N. T. S. 1 O- C4D- 10- C4• DwG CASES 4 & 5 NUMBER:

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Section 16. 57. 050 Private Streets Prohibited in Certain Zones

No lots zoned for multi-family, commercial, or industrial uses may be created using private

street easements for access, except as provided in this division. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 57. 060 Private Access for Commercial or Industrial Developments

Commercial or industrial developments may be created where some of the lots or

buildings have no public street access provided: A. The development has a minimum public street frontage of 200 feet. B. There is a common lot which fronted on the public street and all other lots or buildings have road, landscaping, parking access over the common lots. C. Each lot or building has access rights over all areas designated for landscaping, parking and road access. D. The development has a minimum of two points of ingress to the public street, each of which is no less than 24 feet wide. E. The rights of access and other rights are guaranteed by recorded instrument approved by the City. F. The interior access and parking locations meet City specifications. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 57. 070 Access in Mobile Home Parks

Mobile home parks which were previously approved shall use private roads developed to

standards used in the approval of the park. Ord. No. 91- 42, Enacted, 12/ 10/ 91)

Section 16. 57. 080 Speed Bumps and Speed Humps on Private Property

A. Speed humps are prohibited on private fire apparatus access roads unless first approved by the Fire Department in writing. An applicant for speed humps on a private fire apparatus access road shall submit a drawing to the Fire Department showing the location of all proposed speed humps and the distance between the speed humps for review and approval. The shape and height of the proposed speed humps shall conform to published City standards. B. For purposes of this section, a fire apparatus access road means: A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as a fire lane, public street, private street, parking lot lane and access roadway. Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 94- 28, Amended, 11/ 22/ 94; Ord. No. 2000- 6, Amended, 10/ 10/ 00; Ord. No. 2014- 21, Amended, 9/ 23/ 14)

Section 16. 57. 090 Private Driveways

A. Private driveways within or serving any residential development, professional

office, commercial or industrial development, shall be designed and constructed in accordance with the following standards, and as provided elsewhere in this Code: 1. Single- family a. A single- family residence shall have a driveway paved to a width of 16 feet. If the required guest parking spaces are to be provided in front of the garage, the driveway length shall be a minimum of 20 feet from the face of the garage to the property line. Where a

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single-family dwelling is served by a fee strip ( panhandle or flag lot) the fee strip shall be not less than 20 feet in width with a paved width of 16 feet. b. Driveways for vehicular access shall serve no more than two lots. Two adjacent lots utilizing common driveway access shall collectively provide an access easement of at least 28 feet in width with at least 14 feet being on each property. A driveway serving two single-family dwelling units shall be paved 16 feet wide with concrete paving and base meeting a structural design with a Traffic Index of 4. 5 or 5. 5" of concrete paving over 6" of Class II base material as approved by the City Engineer. In the event that a second unit and/ or a guesthouse is added to both or one of the lots, the driveway providing shared access to all of the units shall be paved to total width of 24 feet. Unpaved area on one side only or both sides of the driveway shall be provided to allow adequate space for landscaping and utilities for the length of such driveway. " No Parking Fire Lane" signs may be required to be posted along the driveway. C. Reciprocal access easements and a maintenance agreement shall be required for joint driveway access. d. When more than two lots are served by a private access, the private access shall be developed as a private street in accordance with Sections 16. 57. 030 and 16. 57.040, and not as a private driveway. 2. Multi- family. Driveways serving multi-family development shall have a minimum paved width of not less than 24 feet. The width of the paved driveway shall remain free and clear of any obstructions. In no case shall such driveway exceed 300 feet in length. 3. Driveways on which parallel parking is permitted within the travel way on one side only, shall have a minimum improved ( paved) width of not less than 32 feet to accommodate parallel parking spaces that are eight feet wide plus 24 feet of travel lane. 4. Driveways on which parallel parking is permitted within the travel way on both sides shall have a minimum improved ( paved) width of not less than 40 feet to accommodate parallel parking spaces that are eight feet wide plus 24 feet of travel lane. 5. Driveways designed as, or designated by the Fire Chief of the City of Vista as " fire lanes," shall be made subject to public enforcement of all parking restrictions in accordance with the California Vehicle Code, including Section 21107 thereof. 6. Commercial, office and industrial ( manufacturing) uses served by a single driveway shall have a width or not less than 24 feet. If two separate driveways are used, one for entry and the other for exit, the width of each shall be increased to a width sufficient to accommodate the width and/ or depth of any parking stalls adjacent thereto. slopes. B. Driveway No driveway, or portion thereof, shall have a slope exceeding 20%. No driveway, or portion thereof, shall have a dip, hump, or other surface irregularity which has an angle of approach or departure exceeding ten percent, nor shall any driveway, or portion thereof, be designed or constructed so as to interfere with the passage of fire protection apparatus having wheelbase of not less than 244 inches and ground clearance of not more than 11 inches, subject, however, to the provisions of Subsection ( C) below with respect to driveways entering onto a public right-of-way. C. Sight distance. 1. A driveway rising up to a public right-of-way shall have a transition section not less than 16 feet in length with a slope not exceeding five percent, ending at the property line or ultimate street line if established by general or specific plan), to prevent the hood of the vehicle from obscuring the driver's view of pedestrians and vehicles as illustrated in Figure I.

FIGURE 1

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PROPERTY LINE
PUBLIC R[ GI37 OF- WAY MAXrML3M SLOPE S° fo i6° Mzr_
TR MSMON SLOPE

2. Fences, walls or cut banks which exceed a height of two feet shall not be

permitted within a distance of six feet of the point of intersection of the edge of the driveway and the property line ( or ultimate street line if established by general or specific plan), as illustrated in Figure II. FIGURE II

PROPERTY OR STREET LIKE

r

r'

NO SOLID OBSTRUCTION OVER 2'
PF-RMITTED FN THIS TPJANGLE

DRIVEWAY
CURB, FENCE OR WALL. UNTE

D. Paving standards. The design and construction of all parking areas, including

access and driveways thereto, serving residential developments and all commercial or industrial facilities, or any other facility held open for public use, shall be paved. Said paving standards shall be based upon a traffic index ( T. I.) of 4. 5 and the applicable " R" value of the soil( s) at the project site as determined by a registered soils engineer. Specific modification( s) of this standard may be made or approved by the Director of Public Works where sound engineering practices may justify such modification( s). This standard shall be applicable to all new projects and existing parking areas subject to resurfacing or repair of the parking area surface ( where the original surface has broken up or is subject to removal and replacement). Ord. No. 91- 42, Enacted, 12/ 10/ 91; Ord. No. 2007- 12, Amended, 8/ 14/ 07; Ord. No. 2012- 7, Amended, 5/ 22/ 12)

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Chapter 16. 60

Residential Development Limitations and Requirements

Sections:

16. 60. 010 Declaration of Intent
17. 60. 020 Voter Approval of Amendments Required
18. 60. 030 Adoption of Community Facilities Element
19. 60. 040 Adoption of Design Review Guidelines
20. 60. 050 Residential Development Limitation
21. 60. 060 Largest Number of Votes Prevail
22. 60. 070 Judicial Review
23. 60. 080 Modification

Section 16. 60. 010 Declaration of Intent

Prior Code 31 A- 1: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 020 Voter Approval of Amendments Required

Prior Code 31 A- 2: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 030 Adoption of Community Facilities Element

Prior Code 31 A- 3: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 040 Adoption of Design Review Guidelines

Prior Code 31 A- 4: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 050 Residential Development Limitation

Prior Code 31 A- 5: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 060 Largest Number of Votes Prevail

Prior Code 31A- 6: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 070 Judicial Review

Prior Code 31 A- 7: Ord. 87- 4, Expired 12/ 31/ 1999)

Section 16. 60. 080 Modification

Prior Code 31 A- 8: Ord. 87- 4, Expired 12/ 31/ 1999)

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Chapter 16.64

Violation - Penalties

Sections:

16. 64. 010 Violation - Penalty

Section 16. 64. 010 Violation - Penalty

Any person, firm or corporation violating any of the provisions of this title or any of the

codes adopted by reference by any chapter of this title shall be guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any such provisions as so adopted is committed, continued or permitted, and upon conviction of any such violations, such person shall be punished by a fine of not more than $ 1, 000 or by imprisonment for not more than six months, or both such fine and imprisonment. Prior Code 6- 8; Ord. No. 91- 1, Amended, 02/ 12/ 91)

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Chapter 17. 04

Definitions

Sections:

17. 4. 010 Generally
18. 4. 020 Bicycle
19. 4. 030 Bicycle Trail
20. 4. 040 Cable Television Lines
21. 4. 050 Certificate of Compliance
22. 4. 060 City Standard Specifications
23. 4. 070 Conditional Certificate of Compliance
24. 4. 080 Design
25. 4. 090 Final Map
26. 4. 100 Improvement
27. 4. 110 Lot
28. 4. 120 Lot Area
29. 4. 130 Lot, Corner
30. 4. 140 Lot, Interior
31. 4. 150 Lot, Through
32. 4. 160 Major Subdivisions
33. 4. 170 Minor Subdivisions
34. 4. 180 Notice of Violation
35. 4. 190 Parcel Map
36. 4. 200 Remainder Parcel
37. 4. 210 Street
38. 4. 220 Subdivider
39. 4. 230 Subdivision
40. 4. 240 Subdivision Map Act
41. 4. 250 Tentative Map
42. 4. 260 Tentative Parcel Map

Section 17. 04. 010 Generally

Words used in this title that are defined in the Subdivision Map Act, but not specifically

defined in this chapter have the same meaning as is given to them in the Subdivision Map Act. Whenever the following words are used in this title, they have the meaning ascribed to them in this chapter. Prior Code 28- 1. 1. 1)

Section 17. 04. 020 Bicycle

Bicycle" means a device upon which any person may ride, propelled by human power

through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement. Prior Code 28- 1. 1. 5) Section 17. 04. 030 Bicycle Trail

Bicycle trail" means the generic term for all facilities that explicitly provide for bicycle

travel by a course which is to be traveled. Prior Code 28- 1. 1. 10)

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Section 17. 04. 040 Cable Television Lines

Cable television lines" means electronic cable, conduit and any other appurtenances

thereto, which distribute television signals. Prior Code 28- 1. 1. 15)

Section 17. 04. 050 Certificate of Compliance

Certificate of compliance" means a document describing a unit or contiguous units of

real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto. Prior Code 28- 1. 1. 20)

Section 17. 04. 060 City Standard Specifications

City standard specifications" or " City specifications" means the latest edition of those standard specifications entitled " Standard Specifications for Public Works Construction," written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, together with any addenda proposed by the San Diego County Regional Standards Committees and approved by the City Engineer. Prior Code 28. 1. 1. 25)

Section 17. 04. 070 Conditional Certificate of Compliance

Conditional certificate of compliance" means a document describing a unit or

contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto. Prior Code 28- 1. 1. 27)

Section 17. 04. 080 Design

Design" means:
A. Street alignments, grades and widths;
B. Drainage and sanitary facilities and utilities, including alignments and grades

thereof; C. Location and size of all required easements and rights- of-way; D. Fire roads and firebreaks; E. Lot size and configuration; F. Traffic access; G. Grading; H. Land to be dedicated for park or recreational purposes; and I. Such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or implementation of the general plan required by Article 5 ( commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code, or any specific plan adopted pursuant to Article 8 ( commencing with Section 65450) of Chapter 3 of Division 1 of Title 7 of the Government Code. Prior Code 28- 1. 1. 30)

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Section 17. 04. 090 Final Map

Final map" means a map prepared pursuant to Article 4 of Chapter 3, Division 2 of Title

7 of the Government Code for those subdivisions as required by Section 17. 68. 080 of this code. Prior Code 28- 1. 1. 1. 35)

Section 17. 04. 100 Improvement

Improvement" means: A. Such street work and utilities including street lights and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways and easements as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map; B. Such other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the City, or by a combination thereof, is necessary or convenient to insure conformity to or implementation of the General Plan required by Article 5 ( commencing with Section 65300) of Chapter 3 of Division 1 of Title 7 of the Government Code, or any specific plan adopted pursuant to Article 8 ( commencing with Section 65450) of Chapter 3 of Division 1 of Title 7 of the Government Code. Prior Code 28- 1. 1. 40)

Section 17. 04. 110 Lot

Lot" means lot, parcel or tract of real property.

Prior Code 28- 1. 1. 45)

Section 17. 04. 120 Lot area

Lot area" means the horizontal area within the boundary lines of a lot exclusive of:
A. The area of any street right- of-way or road easement;
B. Any flood control easement or walkway which, as a condition of approval of the

subdivision map on which the lot is shown, must be fenced; and C. Any portion of the lot which is less than 30 feet wide for a distance of 50 feet or more and which is designed or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site. Prior Code 28- 1. 1. 50)

Section 17. 04. 130 Lot, Corner

Corner lot" means a lot which lies at the intersection of two streets.

Prior Code 28. 1. 1. 55)

Section 17. 04. 140 Lot, Interior

Interior lot" means a lot which has side lot lines, which if extended in either direction will

intersect at an angle of not more than 45 degrees, and has frontage on only one street. Prior Code 28- 1. 1. 60)

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Section 17. 04. 150 Lot, Through

Through lot" means a lot having frontage on two streets which, if extended in either

direction will intersect at an angle of not more than 45 degrees. Prior Code 28. 1. 1. 65)

Section 17. 04. 160 Major Subdivisions

Major subdivision" means any subdivision which is not a minor subdivision.

Prior Code 28. 1. 1. 70)

Section 17. 04. 170 Minor Subdivisions

Minor subdivision" means the following subdivisions: A. Subdivision creating four or fewer lots or parcels; B. Movement of lot or parcel lines; C. Conversion of commercial or industrial, buildings from single to condominium ownership of any type; D. 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; E. 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; or F. 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 G. 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; or H. The creation of a one lot subdivision in conjunction with a condominium housing permit. Prior Code 28. 1. 1. 75)

Section 17. 04. 180 Notice of Violation

Notice of violation" means a document describing contiguous units of real property,

naming the owners thereof, and describing the manner in which such real property has been divided, or has resulted from a division, in violation of the Subdivision Map Act and City ordinances enacted pursuant thereto. Prior Code 28- 1. 1. 80)

Section 17. 04. 190 Parcel Map

Parcel map" means a map prepared pursuant to Article 3 ( commencing with Section

66444), Chapter 2, Division 2, Title 7, of the Government Code ( Subdivision Map Act). Prior code 28. 1. 1. 85)

Section 17. 04. 200 Remainder Parcel

Remainder parcel" means that portion of any legal lot being subdivided which is not

being divided for the purpose of sale, lease or financing, and is designated as such on the final, or parcel map and on the tentative map. Prior Code 28- 1. 1. 92)

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Section 17. 04. 210 Street

Street" means a state highway, county road or street, public road, street, alley or

thoroughfare or private road, street, alley, thoroughfare or easement for ingress and egress. Prior Code 28- 1. 1. 95)

Section 17. 04. 220 Subdivider

Subdivider" means a person, firm, corporation, partnership, or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not " subdividers." Prior Code 28- 1. 1. 100)

Section 17. 04. 230 Subdivision

Subdivision" means the division of any improved or unimproved land shown on the

latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easements, or railroad rights- of-way. " Subdivision" includes a condominium project, as defined in Section 1350 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for any purpose. As used in this section, " agricultural purpose" means the cultivation of food or fiber or the grazing or pasturing of livestock. Prior Code 28. 1. 1. 105)

Section 17. 04. 240 Subdivision Map Act

Subdivision Map Act" means the Subdivision Map Act as set forth in Division 2 of Title 7

of the Government Code of the State of California. Prior Code 28- 1. 1. 110)

Section 17. 04. 250 Tentative Map

Tentative map" means a map prepared for the purpose of showing the design and

improvement of a proposed major subdivision and the existing conditions in and around it, filed with the Planning Commission precedent to the preparation and filing of a final map, which may but need not be based upon an accurate or detailed final survey of the property. Prior Code 28- 1. 1. 120)

Section 17. 04. 260 Tentative Parcel Map

Tentative parcel map" means a map prepared for the purpose of showing the design

and improvement of a proposed minor subdivision and the existing conditions in and around it, filed with the Director of Planning precedent to the preparation and filing of a parcel map, which may but need not be based upon an accurate or detailed final survey of the property. Prior Code 28- 1. 1. 120)

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Chapter 17. 08

General Provisions

Sections:

17. 8. 010 Title
18. 8. 020 Prohibition
19. 8. 030 Application of Subdivision Map Act
20. 8. 040 Extent of Regulations
21. 8. 050 Area to be Subdivided
22. 8. 060 Illegal Parcels
23. 8. 070 Advisory Agency Designation
24. 8. 080 Environmental Impact Review
25. 8. 090 Security for the Payment of Taxes and Special Assessments - Release
26. 8. 100 Corrections and Amendments
27. 8. 110 Amending Map
28. 8. 120 Authorization to Act
29. 8. 130 Fees - Establishment
30. 8. 140 Streets and Lots Reserved for Future Streets Excluded from Computation
31. 8. 150 Prohibitions
32. 8. 160 Exemption from Merger Provisions
33. 8. 170 Voidability of Deeds, Contracts
34. 8. 180 Conflict - Filed Maps
35. 8. 190 Covenants for Easements

Section 17. 08. 010 Title This title is known as the " Subdivision Ordinance" and may be cited as such. Prior Code 28- 1. 1. 0)

Section 17. 08. 020 Prohibition

No person shall create a subdivision except in accordance with the provisions of the

Subdivision Map Act and this title. Prior Code 28- 1. 2. 1)

Section 17. 08. 030 Application of Subdivision Map Act

A. Except as otherwise expressly provided in this title all of the provisions of the

Subdivision Map Act which apply to subdivisions as defined in that act, and all of the provisions of this title apply to subdivisions as defined in this title. B. This title shall be inapplicable to: 1. The financing or leasing of apartments, offices, stores or similar space within duplexes, multiple dwellings, apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks; 2. Mineral, oil or gas leases; 3. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California; 4. Financing or leasing of any parcel of land or any portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel, unless

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the financing or leasing was not approved as part of the normal site development plan review. 5. The financing or leasing of existing separate commercial or industrial buildings on a single parcel. Prior Code 28- 1. 2. 2)

Section 17. 08. 040 Extent of Regulations

No real property, improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this title. Prior Code 28- 1. 2. 3)

Section 17. 08. 050 Area to be Subdivided

All subdivisions shall include all portions of the legally created lot or lots of which they are a part, except as provided in Section 17. 08. 060. Prior Code 28- 1. 2. 4)

Section 17. 08. 060 Illegal Parcels

No parcel may be subdivided if it was illegally created, unless, as part of the division,

compliance with all provisions of law is obtained. If such compliance is not possible, a notice of violation with respect to the parcel shall be recorded. In no event shall a subdivision be permitted unless the entire legal parcel is subdivided when the owner of any portion of the illegal parcel is the person who owned the property at the time of the illegal subdivision. Prior Code 28- 1. 2. 5)

Section 17. 08. 070 Advisory Agency Designation

A. Major Subdivisions. The Planning Commission is designated as the advisory

agency as that term is used in the Subdivision Map Act, for major subdivisions and shall have the authority to perform the actions as set forth in Section 17. 12. 070 of this code. The Director of Planning may prescribe, subject to' the approval of the City Council, such rules and regulations as are necessary or advisable with respect to the form and content of tentative maps required by the Subdivision Map Act or this title and the data to be furnished with such tentative maps. B. Minor Subdivisions. The Director of Planning is designated as the advisory agency as that term is used in the Subdivision Map Act, for minor subdivisions and shall have the authority to perform the actions as set forth in Sections 17. 76. 100 through 17. 76. 150 of this code. The Director of Planning may prescribe, subject to the approval of the City Council, such rules and regulations as are necessary or advisable with respect to the form and content of tentative parcel maps required by this title. The Director of Planning may also, subject to the approval of the City Council, prescribe rules and regulations as to the form and content of parcel maps for boundary adjustment purposes and data to be filed therewith. Prior Code 28- 1. 2. 6)

Section 17. 08. 080 Environmental Impact Review

All tentative maps and tentative parcel maps shall be subject to environmental review in

accordance with rules and procedures adopted by the City Council pursuant to the Environmental Quality Act of 1970 of " CEQA" ( Division 13 of the Public Resources Code).

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Consequently, decisions to approve, conditionally approve, or disapprove any tentative map or tentative parcel map shall be subject to the following: A. Tentative Maps. 1. Negative Declaration. Upon receipt of a negative declaration with respect to any tentative map, the Planning Commission may proceed to consider the tentative map without an environmental impact report; 2. Environmental Impact Report. With respect to any tentative map for which an environmental impact report is required, the Planning Commission shall consider such report as independent evidence in determining whether to approve, conditionally approve or disapprove the tentative map. In addition to any other discretion granted by law, the Planning Commission shall have the authority to consider the adequacy of the environmental impact report and refer it back to the environmental review committee for preparation of a supplementary report, in any case in which it deems a supplementary report to be necessary as a basis for a decision on the tentative map. In cases where a proposal has changed substantially since the time of initial review, such commission or committee may require a supplementary environmental impact report. B. Tentative Parcel Maps. 1. Negative Declaration. Upon receipt of a negative declaration with respect to any tentative parcel map, the Director of Planning may proceed to consider the tentative parcel map without an environmental impact report; 2. Environmental Impact Report. With respect to any tentative parcel map for which an environmental impact report is required, the Director of Planning shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative parcel map. In addition to any other discretion granted by law, the Director of Planning shall have the authority to consider the adequacy of the environmental impact report and refer it back to the environmental review committee for preparation of a supplementary report in any case in which a supplementary report is deemed to be necessary as a basis for a decision on the tentative parcel map. In cases where a proposal has changed substantially since the time of initial review, the Director of Planning or the committee may require a supplementary environmental impact report. Prior Code 28- 1. 2. 7)

Section 17. 08. 090 Security for the Payment of Taxes and Special Assessments - Release

Whenever security is filed with the board of supervisors or the clerk thereof pursuant to Section 66493 of the Government Code to secure the payment of taxes or special assessments collected as taxes which are a lien on the property to be subdivided but not yet payable, the clerk of the board of supervisors, upon notification by the tax collector that the total amount of such taxes or special assessments have been paid in full, may release such security. Prior Code 28- 1. 2. 8)

Section 17. 08. 100 Corrections and Amendments.

Corrections and amendments to final and parcel maps may be accomplished as set forth

in Sections 66469 through 66472 of the Subdivision Map Act to the extent provided for therein. Prior Code 28- 1. 2. 9)

Section 17. 08. 110 Amending Map Any change in any lot line, parcel line or subdivision boundary line may only be accomplished by recording an approved parcel map for boundary adjustment purposes. Prior Code 28- 1. 2. 10)

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Section 17. 08. 120 Authorization to Act

Either the Director of Planning or City Engineer may authorize any subordinate person

under his authority to perform any function assigned to him by this title. Prior Code 28- 1. 2. 11)

Section 17. 08. 130 Fees - Establishment

The City Council may by resolution or ordinance enact fees for actions set forth in this

title. Prior Code 28- 2. 1)

Section 17. 08. 140 Streets and Lots Reserved for Future Streets Excluded from Computation

Streets and lots reserved for future streets shall be disregarded in computing the fees

and charges imposed by this title. Prior Code 28- 2. 9)

Section 17. 08. 150 Prohibitions

No person shall sell, lease or finance or offer to sell, lease or finance, nor build on or

grade on, any lot unless a final map or parcel map relating thereto is filed or waived pursuant to this title or unless said lot was created pursuant to a predecessor of this title, or unless said lot is a lot as defined in Section 18. 02. 385 of this code. Prior Code 28- 11. 1)

Section 17. 08. 160 Exemption from Merger Provisions

Any lots created pursuant to this title or any predecessor, or which are lots as defined in

Section 18. 02. 250 of this code, are specifically exempted from the merger provisions of Section 66424. 2 of the Government Code, notwithstanding the fact that they might otherwise merge pursuant to such provisions. Prior Code 28- 1 1. 1. 1)

Section 17. 08. 170 Voidability of Deeds, Contracts

A. Any deed of conveyance, sale or contract to sell real property which has been divided, or which has resulted from a division in violation of the provisions of the Subdivision Map Act or City ordinances enacted pursuant thereto is voidable at the sole option of the grantee, buyer or person contracting to purchase, his heirs, personal representative or trustee in insolvency or bankruptcy within one year after the date of discovery of such violation, but the deed of conveyance, sale or contract to sell is binding upon any successor in interest of the grantee, buyer or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor or person contracting to sell, or his assignee, heir or devisee. B. Any grantee, or his successor in interest, or real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or City ordinances enacted pursuant thereto, may, within one year of the date of discovery of such violation, bring an action in the superior court to recover any damages he has suffered by reason of such division of property. The action may be brought against the person who divided the property in violation of the provisions of the Subdivision Map Act or City

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ordinances enacted pursuant thereto and against any successors in interest who have actual or constructive knowledge of such division of property. C. The provisions of this section shall not apply to the conveyance of any parcel of real property identified in a certificate of compliance filed pursuant to this title or identified in a recorded final subdivision map or parcel map from and after the date of recording. D. The provisions of this section shall not limit or affect in any way the rights of a grantee or his successor in interest under any other provision of law. Prior Code 28- 1 1. 7)

Section 17. 08. 180 Conflict - Filed Maps

To the extent it is not in conflict with the provisions of the Subdivision Map Act as defined

in this title, any map which has been filed prior to March 1, 1975, shall be processed under the law which applied to it at the time of such filing. Prior Code 28- 12. 3)

Section 17. 08. 190 Covenants for Easements

A. Whenever under the provisions of Titles 16, 17 and 18 of this Code an easement is necessary or required for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes, the easement may be created by a covenant pursuant to this section. B. At the time of recording the covenant of easement, all property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 ( commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code, except that it shall not merge into any other interest in real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted upon which covenant was required. C. A covenant of easement shall be enforceable by the City, by the owner of the real covenant,property benefited by the and by the successors in interest to the real property benefited by the covenant. The covenant of easement shall be recorded in the Office of the County Recorder. The burdens of the covenant shall be binding upon and the benefits of the covenant shall insure to all successors in interest to the real property. D. The covenant of easement may be released upon the application of any person after a public hearing by the Planning Commission. E. Notice of the public hearing shall be mailed or delivered to all persons, including businesses, corporations, or other public or private entities shown on the last equalized assessment roll as owning real property within 500 feet of the exterior boundaries of the properties affected by the covenant at their addresses as shown on the last equalized assessment roll, and by publication at least once in a newspaper of general circulation published and circulated in the City, and by posting such notice in three conspicuous places, either on the properties affected by the covenant which is the subject of the proposed hearing, or in the public street adjacent to such properties and not more than 50 feet away from the exterior boundaries of the property. In addition to any other notice provided herein, the City shall give notice in accordance with Section 18. 04.060D of this Code. F. The Planning Commission may authorize the Planning Director to record a release of the covenant if it determines that the restriction of the property is no longer necessary to achieve the land use goals of the City. An application for release of covenant shall be accompanied by a fee in an amount designated by City Council resolution. A request for release

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of a covenant of easement may be consolidated with any other application for discretionary approval under this Code. G. This section is adopted pursuant to Article 2. 7 ( commencing with Section 65870) of Chapter 4 of Division 1 of Title 7 of the Government Code. Ord. No. 2002- 11, Added, 3/ 12/ 02)

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Chapter 17. 12

Tentative Maps

Sections:

17. 12. 010 Required
18. 12. 020 Conformance with Rules of Director of Planning
19. 12. 030 Public Hearings Required
20. 12. 040 Additional Requirements
21. 12. 050 Grading Plan
22. 12. 060 Soils Report
23. 12. 070 Planning Commission Duties
24. 12. 080 Findings Regarding Tentative Map
25. 12. 090 Modification of Regulations
26. 12. 100 Flagging
27. 12. 110 Appeal to City Council — Subdivider or Tenant
28. 12. 120 Appeal
29. 12. 130 Expiration of Tentative Map— Extension of Time
30. 12. 140 Revised Tentative Map
31. 12. 150 Waiver of Tentative and Final Map

Section 17. 12. 010 Required.

A. Any person proposing to create a major subdivision shall file a tentative map

pursuant to this chapter. The City Council shall not approve a final map unless prior thereto a tentative map of the subdivision shown thereon has been filed with and reported on by the Planning Commission. B. If a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or this title, the City Engineer shall not approve such map unless prior thereto a tentative map of the subdivision shown thereon has been filed with and reported on by the Planning Commission. Prior Code 28- 3. 1. 1)

Section 17. 12. 020 Conformance with Rules of Director of Planning

All tentative maps shall be in the form and shall contain and shall be accompanied by

the date specified by the rules and regulations approved by the Director of Planning, and shall be accompanied by the appropriate environmental document prepared in accordance with the rules and procedures adopted by the City Council. Prior Code 28- 3. 1. 2)

Section 17. 12. 030 Public Hearings Required

Notwithstanding other provisions of this chapter, the Planning Commission shall not make recommendations on, nor shall the City Council approve or deny, a tentative map, revised tentative map, or modifications to a tentative map, except as provided in Section 17. 12. 070 A, until a public hearing is held before the body taking action, notice of which is given pursuant to Section 17. 12. 070 A. Prior Code 28- 3. 1. 2. 1)

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Section 17. 12. 040 Additional Requirements

In addition to those items required by Section 17. 12. 020 the following shall also be

required as applicable on any tentative map or tentative parcel map: A. At the time of filing a tentative map for subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report on the impact of the conversion upon the displaced residents of the mobile home park to be converted. In determining the impact of conversion upon the displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. Subdividers shall make a copy of the report available to each resident of the mobile home park with a minimum of 30 days prior to the submittal of the tentative map to the City. Proof of such submittal, in the form of a signed receipt, or proof of service by mail, shall be submitted with such tentative map. B. At the submittal of a tentative map for the conversion of any apartment unit into condominiums the applicant shall submit with such tentative map proof that each tenant has been notified of such submittal a minimum of 60 days prior to the submittal of the tentative map. Such proof shall be in the form of a signed statement by each tenant or proof of service by mail. Prior Code 28- 3. 1. 2. 2)

Section 17. 12. 050 Grading Plan

There shall be filed with each tentative map a grading plan showing any grading

proposed for the creation of building sites within the subdivision or for construction or installation of improvements to serve the subdivision. In the event no such grading is proposed, a statement to that effect shall be filed with the tentative map. Prior Code 28- 3. 1. 3)

Section 17. 12. 060 Soils Report

A. A preliminary soils report prepared by a registered civil engineer and based upon adequate test borings shall be submitted to the City Engineer for every subdivision with respect to the subdivision lots and adjoining roads. B. A preliminary soils report may be waived by the City Engineer providing the City Engineer finds that due to knowledge the City has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary. C. If the City has knowledge of, or the preliminary soils reports indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer. Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problems exists. D. The advisory agency may approve the subdivision or portion thereof where such soils problem exists if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. Prior Code 28- 3. 1. 4)

Section 17. 12. 070 Planning Commission Duties

The Planning Commission is authorized and directed to carry out the following actions:

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A. Give notice of any public hearing held pursuant to this chapter in the same manner as required by Subsections A, C and D of Section 18. 04. 060. However, in no case, except for appeals, shall a public hearing be held where the question to be decided is a request for an extension of time for filing a final map, or a modification to a previously approved resolution of conditional approval not affecting any design or improvement. In addition, no separate hearing need be held for any map if the map is part of a project for which a public hearing is required and said hearing requires notification equivalent to that required by this section. Notification shall also be made to each tenant in an apartment complex or mobile home park for which a condominium conversion is requested. B. Investigate each tentative map filed with it pursuant to this chapter and the Subdivision Map Act, and the improvements proposed to be constructed or installed, to serve the subdivision; and make its report with respect to the design and improvements of the subdivision, including, but not limited to, the type, nature and extent of the proposed improvements. C. Within ten days after the filing of a tentative map, the Secretary of the Planning Commission shall send notice of such ( including information about the location, number of dwelling units, density and any other pertinent information) to the governing board of any school district( s) within which the proposed subdivision is located. The governing board( s) must reply to such notice ( in writing) within 20 working days of the posting date of such notice, indicating the impact( s) of the proposed subdivision on their jurisdiction( s). Should no reply be received within the specified time, it shall be assumed the subdivision will have no impact on their facilities, and they have given it their approval. D. Obtain the recommendations of: 1. The City Engineer, Director of Health Services of the County of San of San Diego, Director ofDiego, Director of Sanitation and Flood Control of the County Planning, the City Parks and Recreation Commission, the Vista Irrigation District and the San Diego Gas and Electric Company, or their authorized representatives, with respect to the design of the proposed subdivision and the type, nature and extent of the proposed improvements; 2. The Chief of the City Fire Department, with respect to appropriate fire flow, fire hydrants and connections to be installed; and 3. Such other agencies as may be required by the Planning Commission or the Secretary thereof. E. Within 30 days of the filing of a tentative map, and after a duly noticed public shall, resolution, approve, conditionally approve orhearing, the Planning Commission by disapprove the tentative map. The action of the Planning Commission shall be reported to the City Council and the applicant, and shall be final unless appealed pursuant to the provisions of Sections 17. 12. 110 or 17. 12. 120. The report of the Planning Commission shall include findings and action on the findings as required by the Subdivision Map Act. F. A copy of the action on any tentative map submitted to the Planning Commission shall be submitted to the subdivider; and in the case of a mobile home park conversion or apartment conversion, to each tenant thereof, a minimum of three business days prior to the consideration by the Planning Commission. Submittals shall be accomplished by mailing a copy of said recommendations by first class mail. G. If the Planning Commission approves or conditionally approves a tentative map, it shall prescribe, pursuant to the provisions of this title, the type, nature and extent of the improvements to be constructed or installed to serve the subdivision for which such tentative map is filed. However, if the Planning Commission does not prescribe the type, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with City specifications. H. When considering any subdivision map which converts mobile home parks to other uses or which converts apartments to condominiums, the Planning Commission shall

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consider the report required by Section 17. 12. 020, and shall ensure that each tenant is given ample opportunity to testify in regards to apartment or mobile home conversions. As a minimum, the Planning Commission shall impose conditions to mitigate any adverse impact of the conversion on the ability of the displaced mobile home park residents or apartment residents to find an adequate place in another mobile home park or apartment, if applicable. In considering such mitigating measures for apartment conversion, the standards of the condominium housing ordinance shall apply. In considering mitigating measures with regard to the mobile home park conversion, the Planning Commission shall, in addition to applying any applicable standards, minimize impact as much as possible for such residents. Prior Code 28- 3. 1. 5)

Section 17. 12. 080 Findings Regarding Tentative Map

A. The City Council shall find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with any General Plan required by Article 5 of Chapter 3 of Division 1 of Title 7 of the Government Code, or with any specific plan adopted pursuant to Article 8 of said chapter, division and title, or it shall disapprove the tentative map. B. The City Council shall disapprove the tentative map for failure to meet or perform any of the requirements or conditions imposed by the Subdivision Map Act or City ordinances enacted pursuant thereto, and such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed, provided that it may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error, which in the determination of the City Council, does not materially affect the validity of the map. C. The City Council shall not approve the tentative map if it makes any of the following findings: 1. That the proposed map is not consistent with applicable general and specific plans; 2. That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans; 3. That the site is not physically suitable for the type of development; 4. That the site is not physically suitable for the proposed density of development; 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; 7. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the City Council may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public; 8. That all requirements of CEQA have not been met; 9. Each of the tenants of a proposed condominium community, apartment, or stock cooperative project have not received written notification of intention to convert at least 60 days prior to filing of the tentative map; further the Council shall find that each such tenant and each person applying for a rental unit of such residential property has received all applicable notices and rights hereafter required by this title and the Subdivision Map Act

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applicable at the time of approval of the tentative map. Findings shall be made that each tenant will receive ten days written notification that an application for a public report will be submitted to the department of real estate and that report will be made available upon request to the tenant at the time of such notification. The Director of Planning shall receive proof of such notification in the form of a signed receipt from each tenant or proof of service by mail. Prior Code 28- 3. 1. 8)

Section 17. 12. 090 Modification of Regulations

Whenever the City Council finds that the real property to be divided is of such size or

shape or is subject to such title limitations of record or is affected by such topographical location or conditions, or is to be devoted to such usage, that it is impossible or impractical in the particular case for the subdivider to conform fully to the requirements of this title, the City Council may waive or modify such requirements as it deems reasonably necessary; provided, however, any such waiver or modification shall be in conformity with the spirit and purpose of the Subdivision Map Act and of this title. The City Council may waive or modify such requirements upon such reasonable conditions as it deems appropriate. Prior Code 28- 3. 1. 9)

Section 17. 12. 100 Flagging

After filing of the tentative map and prior to approval of the tentative map, the Director of

Planning may require the subdivision to be flagged by the subdivider. Said flagging shall consist of flags at all lot or subdivision corners, centerlines of streets and at such other points as may reasonably be required by the Director of Planning. Prior Code 28- 3. 1. 10)

Section 17. 12. 110 Appeal to City Council - Subdivider or Tenant

If any subdivider, staff, or, in the case of a conversion of a mobile home park or

apartment complex, any tenant, is dissatisfied with any action of the Planning Commission with regard to a tentative map, he may appeal such action to the City Council. Notice of any such hearing by the City Council on any appeal shall be given in the manner as provided for by Section 17. 12. 070 A. Prior Code 28- 3. 2. 1)

Section 17. 12. 120 Appeal

Any interested person adversely affected by any action of the Planning Commission with

respect to a tentative map may file an appeal pursuant to Section 18.04. 150. Prior Code 28- 3. 2. 2; Ord. No. 91- 18, Amended, 07/ 09/ 91)

Section 17. 12. 130 Expiration of Tentative Map - Extension of Time

Within 36 months after the approval or conditional approval of the tentative map, the

subdivider shall cause the subdivision, or any part thereof, to be surveyed and a final map to be prepared in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and this title; provided, however, that if within 90 days prior to the expiration of said 36 months, the City Planner, may at any time within 90 days prior to the expiration of said 36 months grant an extension. In the event the City Planner denies a subdivision application for extension, the subdivider may appeal, pursuant to Section 18. 04. 150

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of the Development Code. The City Planner shall be designated the advisory agency with regard to major subdivisions extensions. An extension shall not be granted or conditionally granted unless the City Planner finds that the design and improvements of the subdivision are consistent with the General Plan, any applicable specific plan, Titles 17 and 18 of this code, and any public facility or development management policies in existence at the time the extension is approved. In granting an extension the City Planner may impose new conditions and may revise existing conditions. An extension shall be for a period of not more than two years unless the City Planner finds that an extension for a longer period is warranted, giving consideration to the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. The total period of all extensions shall not exceed five years. If a subdivider is authorized to file multiple final maps pursuant to section 17. 68. 030 and the subdivider is required to expend funds for outside public improvements equal to the threshold amount described in Government Code section 66452. 6, extensions of the tentative map shall occur for the time limits contained in that statute. Prior Code 28- 3. 3. 1; Ord. 97- 4, Amended, 01/ 28/ 97)

Section 17. 12. 140 Revised Tentative Map

If a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved by the City Council, the subdivider may file with the Planning Commission a revised tentative map on payment of the fees prescribed in Sections 17.08. 130 and 17. 08. 140 of this code. A. A revised tentative map shall conform to the following requirements: 1. The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map; 2. The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include; 3. The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps. B. A revised tentative map may be filed within 18 months after the approval of the tentative map by the City Council or, if an extension of time is granted, within the period specified. C. Upon the filing of a revised tentative map and payment of the prescribed fee, such revised tentative map shall be treated in all respects as an original tentative map and shall be reported on, approved, conditionally approved or disapproved in the same manner as a tentative map; provided, however, that the subdivider has 18 months from the approval or conditional approval of the original tentative map within which to record a final map, which 18 month period may be extended by the Planning Commission or on appeal the City Council, such extension not to exceed two years, pursuant to Section 17. 12. 130. D. Nothing in this section shall be construed as a limitation on the power of the City Council or Planning Commission to approve alterations of a tentative map approved by such council or commission or to modify conditions imposed as a part of the approval of a tentative map. Prior Code 28- 3. 3. 2)

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Section 17. 12. 150 Waiver of Tentative and Final Map

The City Council by majority vote may waive a tentative and final map for the conversion

to a one- lot stock cooperative of an apartment building or buildings or mobile home park or parks subject to the procedure and findings set forth in Section 18. 60. 040 F of this code. Prior Code 28- 3. 4. 1)

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Chapter 17. 16

General Design Requirements

Sections:

17. 16. 010 Design of Subdivision
18. 16. 020 Private Street Access
19. 16. 030 Private Street Access — Not Applicable to Certain Lot
20. 16. 040 Private Access for Commercial or Industrial Subdivision
21. 16. 050 Mobile Home Park Access

Section 17. 16. 010 Design of Subdivision

All major subdivisions shall conform to the following requirements as to design:
A. No lot shall include land in more than a single tax code area.
B. Every lot shall contain the minimum lot area specified in the zoning ordinance for

the zone in which such lot is located at the time the final map or parcel map is filed; provided, however, if no lot area is established by the provisions of Title 18 of this code, including the specific requirement that no minimum area is required, every lot shall contain a net area of no less than 7, 500 square feet. C. Every lot shall be at least 50 feet wide exclusive of side yards required in the zone in which the lot is located measured at the building setback line. D. Lots whose side lines are approximately radial to the center of a cul- de- sac or the center of the intersection of two dead- end streets shall have at least 45 feet of frontage measured at the building setback line. E. Panhandle or flag- shaped lots shall be permitted where it can be shown that the use of such lot design is sensitive to topography and results in preferred geometric shape of lots; is not detrimental to the public health, safety and welfare; does not create excessive vehicular traffic loads; reduces the requirement for public streets and other public utility distribution lines. Panhandle lots in multi- family, commercial or industrial zones shall not be permitted unless a modification is granted with the finding that the flag lot created has sufficient traversable width for two- way traffic pursuant to Chapter 16. 57. F. Panhandle- shaped or flag- shaped lots, if permitted, shall each have a minimum frontage of 20 feet on a dedicated public street, except where the panhandle or flagpole portions of two panhandle- shaped or flagpole- shaped lots are adjacent to one another, if the combined frontage on the public street shall be no less than 28 feet, and each lot has access of record over the panhandle or flagpole portion of the other lot. G. Through lots shall not be allowed unless vehicular access rights are relinquished to one of the abutting streets. H. The side lines of all lots shall be at right angles or radial to the street upon which the lots front except where topography or other conditions render such requirement impossible or impracticable. I. Lot depth shall be at least 90 feet and shall be no greater than three times the

average width. J. Subdivisions abutting prime arterial routes shown on the circulation element of the City General Plan, railroads, transmission lines, easement and open flood control channels shall be designed so that the lots do not face such rights- of-way. K. Whenever practicable, side and rear lot lines shall be located along the top of man- made slopes instead of at the toe or intermediate locations on such slopes.

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L. Each lot shall have a minimum of 20 feet frontage on a public street connected to

all portions of the public street system, except as provided in Chapters 16. 56 and 16. 57. M. Each lot shall be designed to connect to the public sewer system or have a private subsurface sewage system approved by the Department of Public Health of the County of San Diego, provided no lot with such private system shall be created that is less than one- half acre in size exclusive of all public or private road easements, unless such Department of Public Health requires a larger area. An area smaller than one- half acre may be permitted if granted a variance pursuant to the provisions of Title 18 of this code. N. Bicycle trails shown in the City General Plan or any applicable specific plan shall be included in the subdivision if such trails pass through or abut the subdivision, provided such trails are reasonably related to the traffic caused by the subdivision. Whenever rights- of-way for streets are required to be dedicated in subdivisions for 200 or more units, the subdivider shall include bicycle trails when necessary and feasible for use for the safety of the residents. Bicycle trails shall conform to the design criteria and the design and grade criteria in the " Planning and Design Criteria for Bikeways in California" published by the State of California Business and Transportation Agency, Department of Transportation. O. Subdivisions approved by the City will have telephone service provided to every individual lot and such telephone service shall show on the tentative map. Prior Code 28- 4. 1. 1; Ord. No. 91- 42, Amended, 12/ 10/ 91)

Section 17. 16. 020 Private Street Access

Private street access requirements are found in Chapter 16. 57.

Prior Code 28- 4. 1. 2; Ord. No. 91- 42, Repealed & Added, 12/ 10/ 91)

Section 17. 16. 030 Private Street Access - Not Applicable to Certain Lot

Prior Code 28- 4. 1. 3; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 16. 040 Private Access for Commercial or Industrial Subdivisions

Prior Code 28- 4. 1. 4; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 16. 050 Mobile Home Park Access

Prior Code 28- 4. 1. 5; Ord No. 91- 42, Repealed, 12/ 10/ 91)

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Chapter 17. 20

Dedications

Sections:

17. 20. 010 Dedications
18. 20. 020 Public Streets - Generally
19. 20. 030 Public Streets - New Streets Abutting Subdivisions
20. 20. 040 Street Widths
21. 20. 050 Subdivision Boundary
22. 20. 060 Street Extensions
23. 20. 070 Intersections
24. 20. 080 Drainage Facilities - Generally
25. 20. 090 Drainage Facilities - Extension
26. 20. 100 Drainage Facilities - Storm Runoff
27. 20. 110 Drainage Facilities - Additional
28. 20. 120 Access to Water or Open Space
29. 20. 130 Trails
30. 20. 140 Easements
31. 20. 150 Transit Facilities

Section 17. 20. 010 Dedications

The subdivider shall, as a condition of creating the subdivision, dedicate, or offer to

dedicate, all streets, drainage easements, sewer easements, and other easements as may be required by this title, as a condition of approval, or by City specifications. Prior Code 28- 4. 2. 1)

Section 17. 20. 020 Public Streets - Generally

All public streets abutting the subdivision shall be dedicated to full half- street width unless

proper street alignment requires a greater dedication to complete a street. Prior Code 28- 4. 2. 2)

Section 17. 20. 030 Public Streets - New Streets Abutting Subdivisions

Where a new street is dedicated abutting a subdivision, and such street is not shown on

the General Plan or Specific Plan as wider than 60 feet in width, such dedication shall be a minimum 40 feet in width with a one- foot strip on the outer edge of the street, which shall be offered to the City for street purposes and over which access rights are relinquished. Prior Code 28- 4. 2. 3)

Section 17. 20. 040 Street Widths

An interior street in a subdivision which is or will in the future be a through street shall be

dedicated to 60 feet in width, unless it is a hillside street, or unless it is shown on the General Plan, or a Specific Plan, as a street of greater or lesser width, in which case, it shall be dedicated to the required or stated width. Other streets shall be dedicated to widths required by Chapters 16. 56, 19. 08, 19. 12 and 19. 16 of this code. Prior Code 28- 4. 2. 4)

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Section 17. 20. 050 Subdivision Boundary

All streets proposed to be terminated at the subdivision boundary shall include a strip of land one foot wide across said street at its point of termination at said boundary which shall be portions of the adjacent lots, offered for street purposes, and over which access rights are

relinquished. Prior Code 28- 4. 2. 5)

Section 17. 20. 060 Street Extensions

If it is necessary to extend a street beyond the boundaries of a subdivision to provide

adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the City and shall improve such easements in accordance with the provisions of this title. Prior Code 28- 4. 2. 6)

Section 17. 20. 070 Intersections

Intersections of local streets or of local streets with streets shown on the Circulation

Element of the City General Plan shall be offset by at least 250 feet. Prior Code 28- 4. 2. 7)

Section 17. 20. 080 Drainage Facilities - Generally

If a drainage facility or flood control facility is necessary for the use of lot owners or for the

protection of lots, adequate rights- of-way for such drainage facilities or flood control facilities shall be offered for dedication to the City or to such other entities as the City Council designates, and shall be shown on the map. Prior Code 28- 4. 2. 8)

Section 17. 20. 090 Drainage Facilities - Extension

If it is necessary to extend a drainage facility or flood control facility beyond the boundaries

of the subdivision for adequate drainage or flood control needs, the required rights- of-way shall be offered for dedication and shown on the map. Prior Code 28- 4. 2. 10)

Section 17. 20. 100 Drainage Facilities - Storm Runoff

Drainage facilities and flood control facilities within and without the subdivision shall

be provided so as to carry storm runoff both tributary to and originating within the subdivision. Prior Code 28- 4. 2. 10)

Section 17. 20. 110 Drainage Facilities - Additional

Drainage fees for other facilities shall be collected pursuant to Chapter 17. 40 of this code.

Prior Code 28- 4. 2. 11)

Section 17. 20. 120 Access to Water or Open Space

In addition to other dedications, each subdivision shall provide access to any stream, river

or lake, or any publicly owned lake or reservoir or open space which abuts or lies within the

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subdivision. This access may take the form of public streets, equestrian trails, foot trails, or other means of access. The type of access and any improvements shall be determined at the time of approval of the subdivision and shall depend on the following criteria: A. Lakes and reservoirs shall require improved public street access; B. Streams and rivers and open space shall require foot or equestrian access or bike trails as may be most appropriate; C. The provisions of subsections A and B of this section may be waived or modified if access outside the subdivision exists. If no outside access exists, no subdivision will be approved without the access specified by this section. Prior code 28- 4. 2. 12)

Section 17. 20. 130 Trails

Bike trails and equestrian or hiking trails shall be dedicated where shown on the General

Plan or where such trails are necessary and feasible for the use and safety of the residents in subdivisions of 200 or more lots. Prior code 28- 4. 2. 13)

Section 17. 20. 140 Easements

Open space, scenic or other easements shall be dedicated where shown on the General

Plan. Open space, scenic or other public or private easement shall be identified on any final map or parcel map and further documented on a grant deed. The City Engineer is authorized to accept such deeds for easements on behalf of the City for public purposes and forward them to the Office of the County Recorder for recording. Prior code 28- 4. 2. 14; Ord. No. 2000- 3, Amended, 06/ 13/ 2000)

Section 17. 20. 150 Transit Facilities

A. Land may be dedicated for local transit facilities such as bus turnoffs, benches,

shelters, landing pads, and similar items which directly benefit the residents of the subdivision, if: 1. The subdivision as shown on the tentative map has the potential for 200 units or more when developed to the maximum density shown on the adopted General Plan or contains 100 acres or more or is shown on a specific plan; and 2. The City Council finds that, on recommendation of the North County Transit District, transit services are available, or will within a reasonable time period be made available, to the subdivision. B. Provisions of this section do not apply to condominium projects or stock cooperatives which consist of subdivision of air space in an existing apartment building which is more than five years old when no new dwelling units are added. Prior Code 28- 4. 2. 15)

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Chapter 17. 24

Improvements

Sections:

17. 24. 010 Generally
18. 24. 020 Offers of Dedication
19. 24. 030 Private Streets Serving Large Lots
20. 24. 040 Sanitation
21. 24. 050 Utilities
22. 24. 060 Street Lights
23. 24. 070 Flood control and Drainage
24. 24. 080 Grading
25. 24. 090 Street Trees
26. 24. 100 Trails and Easements
27. 24. 110 Timing
28. 24. 120 Remainder Parcel Improvements
29. 24. 130 Road Improvements
30. 24. 140 Single Family Zone 1/ 2 Acre or Larger
31. 24. 150 Single Family Residential Zones, Less that 1/ 2 Acre
32. 24. 160 Multi Family Residential Zones
33. 24. 170 Commercial and Industrial Zones
34. 24. 180 Private Streets
35. 24. 190 Miscellaneous Improvements - Standards
36. 24. 200 Miscellaneous Improvements - Interpretations of Standards
37. 24. 210 Additional Requirements
38. 24. 220 Agreement to Improve

Section 17. 24. 010 Generally

Before approving a final map the City Council shall require:
A. That the subdivider grade and improve or agree to grade and improve all land

dedicated or to be dedicated for streets or easements, bicycle trails, and all private streets and private easements laid out on a final map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with City specifications; B. That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to City specifications; C. That the subdivider provide proof satisfactory to the Director of Public Health of the County of San Diego that there exists an adequate potable water supply available to each lot or parcel and that the subdivider install or agree to install water supply pipe of such size as may be recommend by the Fire Chief and the water district serving the subdivision; D. That the subdivider install or agree to install as required by the Planning Commission, fire hydrants and connections, which hydrants and connections shall be of a type approved by the Fire Chief; and E. That the subdivider provide all necessary easements and rights- of-way to accommodate all streets, drainage and flood control structures and facilities and sewer systems extending beyond the boundaries of the subdivision. Prior Code 28- 4. 3. 1)

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Section 17. 24. 020 Offers of Dedication

If the City Council rejects any offer of dedication of streets delineated on the map

pursuant to Section 66477. 1 of the Subdivision Map Act, no improvements shall be required on any portion of such street so rejected by the City Council. Prior Code 28- 4. 3. 2)

Section 17. 24. 030 Private Streets Serving Large Lots

Prior Code 28- 4. 3. 3; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 040 Sanitation

If the City Council determines that by reason of the size and shape of the proposed lots,

the nature of the terrain to be subdivided, the soil condition of the lots and the development of the area in the vicinity of the proposed subdivision, a public sewage disposal system serving the lots will be required to preserve the public health, the City Council shall require the subdivider to install or agree to install a public sewage disposal system or a public sewer system serving said lots as a condition precedent to the approval of any final map. Prior Code 28- 4. 3. 4)

Section 17. 24. 050 Utilities

A. All new and existing utility distribution facilities, including cable television lines,

within the boundaries of any new subdivision or within any half- street abutting a new subdivision shall be placed underground, except with regard to a subdivision of four or fewer lots as to existing facilities. The subdivider is responsible for complying with the requirements of this section, and he shall make the necessary arrangements with each of the serving utilities, including licensed cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed duct, and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed above ground. B. The provisions of this section shall not apply to the installation and maintenance of overhead electric transmission lines in excess of 34, 500 volts and long distance and trunk communications facilities. C. The installation of cable television lines may be waived when, in the opinion of the City Council upon consideration of a report by the Planning Commission, no licensed cable television operator is found to be willing and able to install cable television lines in the subdivision. D. When there is less than 600 feet of line requiring conversion, an in- lieu fee may be applied if approved by the Public Works Director. The fee will be established on a cost per foot basis using a typical 600 foot project of feeder circuit or local distribution circuit. E. In- lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of utilities. F. Subsection D may be applied to subdivisions existing on the effective date of this section at any time before acceptance of improvements. Prior Code 28- 4. 3. 5)

Section 17. 24. 060 Street Lights

The subdivider shall construct or shall cause to be constructed at his cost a street

lighting system conforming to City specifications. Prior Code 28- 4. 3. 6)

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Section 17. 24. 070 Flood Control and Drainage

If the city has adopted a flood control element or drainage element of the General Plan,

wherever possible any improvements shall conform to such element. Prior Code 28- 4. 3. 7)

Section 17. 24. 080 Grading

All grading on any lot created must be approved by the advisory agency at the time of

approval of the tentative map. Grading shall conform to the provisions of Chapter 17. 56 of this code. If no immediate construction is intended, the tentative map may be conditioned by requiring deed restrictions to make the grading conform to the required conditions. The building official shall enforce all conditions of the tentative map and any deed restrictions which regulate grading. Prior Code 28- 4. 3. 8)

Section 17. 24. 090 Street Trees Prior Code 28- 4. 3. 9; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 100 Trails and Easements

Bike, hiking and equestrian trails, open space easements, and scenic or other

easements not otherwise included in Chapters 17. 16 through 17. 48 shall be improved as required by the Planning Commission. Prior Code 28- 4. 3. 10)

Section 17. 24. 110 Timing

The subdivider shall install all improvements required as part of the approval of the

tentative map pursuant to any provisions of Chapters 17. 16 through 17. 48. When improvements are required to be installed subsequent to final map approval, the agreement of the subdivider providing for such installation shall be guaranteed and secured by one of the forms of improvement security provided for in and governed by Chapter 5 of the Subdivision Map Act, and furnished to the City by the subdivider. The City Engineer is authorized to release or reduce the security in accordance with the conditions set forth in Section 66499. 7 of the Subdivision Map Act and rules and regulations prescribed by the City Council from time to time. Prior Code 28- 4. 3. 11)

Section 17. 24. 120 Remainder Parcel Improvements

Any improvements normally required of a subdivision may be required of a remaining parcel. For any remainder parcel, fulfillment of construction requirements for improvements shall not be required until such time as a permit or other grant of approval for development of the remainder parcel is issued by the City, or as may be guaranteed by a lien contract, or other suitable guarantee, as a condition of approval of the tentative map. Absence of such an agreement with the City may require fulfillment of such construction requirements within a reasonable time following approval of the final or parcel map and prior to the issuance of any permit or other grant of approval for the development of the remainder parcel upon a finding by the City that fulfillment of the construction requirements is necessary for reasons of the public health and safety, or the improvement is a necessary prerequisite for the orderly development of the surrounding area. Prior Code 28- 4. 3. 12)

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Section 17. 24. 130 Road Improvements

Public road improvement requirements are found in Chapter 16. 56. Prior Code 28- 4. 4. 1; Ord. No. 91- 42, Repealed & Added, 12/ 10/ 91)

Section 17. 24. 140 Single Family Zone 1/ 2 Acre or Larger

Prior Code 28- 4. 4. 2; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 150 Single Family Residential Zones, Less than 1/ 2 Acre

Prior Code 28- 4. 4. 2; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 160 Multi family Residential Zones

Prior Code 28- 4. 4. 4; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 170 Commercial and Industrial Zones

Prior Code 28- 4. 4. 5; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 180 Private Streets

Prior Code 28- 4. 5. 4; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 190 Miscellaneous Improvements - Standards

All street and drainage facility construction shall conform to City specifications as

modified by soil conditions. Where no specifications exist, sound engineering practices as determined by the City Engineer shall be followed. Prior Code 28- 4. 5. 2)

Section 17. 24. 200 Miscellaneous Improvements - Interpretation of Standards

In defining and interpreting the standards of Sections 17.24. 180 through 17.24.220,

applicable provisions of Chapters 12. 04, 16. 56, 17. 52, and 19. 04 through 19. 16 of this code may be considered. Prior Code 28- 4. 5. 3)

Section 17. 24. 210 Additional Requirements

Prior Code 28- 4. 5. 4; Ord. No. 91- 42, Repealed, 12/ 10/ 91)

Section 17. 24. 220 Agreement to Improve

A. If a subdivider or property owner or his agent agrees to construct improvements, or if authorized by the City Council to contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, all as provided in the Subdivision Map Act ( Government Code Section 66462), he shall prepare and deposit with the City Engineer plans and specifications of the improvements to be constructed and such plans and specifications shall be made a part of any such agreement or contract and of the improvement security.

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B. All improvement agreements, associated with any final map, parcel map or site

plan shall be in a form approved by the City Attorney and executed by the City Engineer, or his designee, subject to the conditions set forth in Section 17. 24.220(C). or his designee, is authorized to execute improvement C. The City Engineer, agreements on behalf of the City provided: 1. The term of the improvement agreement shall not exceed two years, nor be extended for more than 12 months from the original expiration date of the improvement

agreement. 2. The amount of security to be deposited shall be based on the estimated cost of the improvements approved by the City Engineer. 3. The improvements shall be constructed in accordance with plans approved by the City Engineer. 4. The improvements shall be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. D. The subdivider or developer may appeal any action of the City Engineer concerning the improvement agreement to the City Council pursuant to Vista Development Code Section 18. 04. 150. The City Council shall review this delegation of authority to the City Engineer every three years pursuant to Government Code Section 66462. Prior Code 28- 4. 5. 5; Ord. No. 2000- 2, Amended, 06/ 13/ 2000)

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Chapter 17. 28

Reservations

Sections:

17. 28. 010 Requirements
18. 28. 020 Standards and Formula for Reservation of Land
19. 28. 030 Procedure
20. 28. 040 Payment
21. 28. 050 Termination

Section 17. 28. 010 Requirements

As a condition of approval of a final map or parcel map, the subdivider shall reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries, or other public uses according to the standards and formula contained in this division. Prior Code 28- 4. 6. 1)

Section 17. 28. 020 Standards and Formula for Reservation of Land

If a park, recreational facility, fire station, library, or other public use is shown on an

adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element or a public building element, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the definite principles and standards contained in the above Specific Plan or General Plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically unfeasible. The reserved area shall conform to the adopted specific plan or general plan and shall be in such multiples of streets and parcels as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. Prior Code 28- 4. 6. 3)

Section 17. 28. 030 Procedure

The public agency for whose benefit an area has been reserved shall at the time of

approval of the final map or parcel map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all improvements, unless such period of time is extended by mutual agreement. Prior Code 28- 4. 6. 3)

Section 17. 28. 040 Payment

The purchase price shall be the market value thereof at the time of the filing of the

tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan covering such reserved area. Prior Code 28- 4. 6. 4)

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Section 17. 28. 050 Termination

If the public agency for whose benefit an area has been reserved does not enter into

such a binding agreement, the reservation of such area shall automatically terminate. Prior Code 28- 4. 6. 5)

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Chapter 17. 32

Park and Recreational Dedications

Sections:

17. 32. 010 Authority
18. 32. 020 Requirements
19. 32. 030 General Standards
20. 32. 040 Filing
21. 32. 050 Standards and Formula for Dedication of Land
22. 32. 060 Dwelling Units Not Proposed by Subdivider
23. 32. 070 Fees In- Lieu of Land Dedication
24. 32. 080 Use of Money
25. 32. 090 Criteria for Requiring Both Dedication and Fee
26. 32. 100 Subdivisions Not Within the General Plan
27. 32. 110 Determination of Land or Fee
28. 32. 120 Credit for Private Open Space
29. 32. 130 Procedure
30. 32. 140 Commencement of Park Development
31. 32. 150 Regulations
32. 32. 160 Exceptions

Section 17. 32. 010 Authority

This chapter is enacted pursuant to the authority granted by Section 66477 of the

Subdivision Map Act. The park and recreational facilities for which dedication of land or payment of a fee, or both, is required by this chapter shall be in accordance with the recreational element of the General Plan of the City. Prior Code 28- 4. 7. 1)

Section 17. 32. 020 Requirements

As a condition of approval of any final map or parcel map, the subdivider shall dedicate

land, pay a fee in- lieu thereof, or both, at the option of the City, for park and recreational purposes at the time and according to the standards and formulas contained in this chapter. Prior Code 28- 4. 7. 2)

Section 17. 32. 030 General Standards

It is found and determined that the public interest, convenience, health and welfare, and

safety require that 4.49 acres of land for each 1, 000 persons residing within this City be devoted to neighborhood and community park and recreational purposes. Prior Code 28- 4. 7. 3; Ord. No. 2008- 8, Amended, 2/ 12/ 08)

Section 17. 32. 040 Filing

At the time of filing a tentative map the subdivider shall, as a part of such filing, indicate

whether he prefers to dedicate land for park and recreational purposes, or pay a fee in- lieu thereof, or a combination thereof. If he prefers to dedicate land, he shall specify the land proposed to be dedicated. In order to facilitate decisions regarding dedication of land, the

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subdivider shall furnish a tabulation showing the number of dwelling units proposed to be constructed in each portion of the development. The tabulation may be waived by the Director of Planning, if, in his judgment, the information is not necessary. Prior Code 28- 4. 7. 4)

Section 17. 32. 050 Standards and Formula for Dedication of Land

If a park or recreational facility has been designated in the recreational element, and is located in whole or part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, if acceptable to the City Council, dedicate land for a neighborhood or community park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following formula: L = 4. 49 xDxN 1, 000

For the purposes of the preceding equation: ( 1) " L" is the amount of park area ( in acres)
subdivider; ( 2) 4. 49/ 1, 000 is a constant reflecting therequired to be dedicated to the City by the

area of park land ( in acres) required per 1, 000 of population pursuant to the recreational element of the General Plan; ( 3) " D" is the density' factor which means the average persons per household generated by a particular housing type, based on data compiled by the U. S. Census Bureau and published by the San Diego Association of Governments ( SANDAL), to wit: 1. Single- family dwelling units and duplexes: 3. 21 persons per dwelling unit; 2. Multiple- family dwelling units: 3. 19 persons per dwelling unit; 3. Mobile home dwelling units: 2. 16 persons per dwelling unit; and 4) " N" is the total number of dwelling units proposed to be constructed within a subdivision. Prior Code 28- 4. 7. 5; Ord. No. 2008- 8, Amended, 2/ 12/ 08)

Section 17. 32. 060 Dwelling Units not Proposed by Subdivider

A. In all cases in which the City is not furnished, at the time of filing of the tentative

map, with the number and type of dwelling units proposed by the subdivider to be constructed on lots within the subdivision, the number of dwelling units in the subdivision and the occupant density per dwelling unit shall be determined in accordance with the following table: Occupant Density Per Proposed Zone Dwelling Unit Units Per Acre A- 1 3. 21 1 E- 1 3. 21 2 R- 1 3. 21 4 R- 1- B 3. 21 7 RM 3. 19 10+ ' SPI 3. 19- 3. 2 12 3 MHD 2. 16 4

Actual units per acre will vary depending upon density designator attached to property' s zoning;
i. e., RM- 10 indicates an allowable density of 10 du' s/ acre.
2 Actual number is proportionate to ratio of area within subdivision zoned for single family and multi-
family use.
3 Actual units per acre will be as set forth in existing Specific Plan unless a new or amended Specific
Plan is proposed.
4 Actual units per acre will be as set forth in the Site Development Plan which must accompany a
Tentative Subdivision Map application.

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B. In the case of a PRD Zone, the number of units per acre shall be that of the

zone, and the density shall be 3. 21 persons per dwelling unit up to and including PRD- 14, and 3. 19 persons per dwelling unit above PRD- 14. Prior Code 28- 4. 7. 6, Ord. No. 2008- 8, Amended, 2/ 12/ 08)

Section 17. 32. 070 Fees In- Lieu of Land Dedication

If the proposed subdivision contains 50 lots or less or if there is to be no dedication of

land acceptable to the City Council, the subdivider shall, in- lieu of dedication of land, pay a fee in an amount determined by resolution of the City Council. Prior Code 28- 4. 7. 7)

Section 17. 32. 080 Use of Money

The money collected under the provisions of this chapter shall be used only for the

purpose of providing park or recreational facilities reasonably related to serving the subdivision, by way of the purchase of necessary land, or, if the City Council, upon recommendation of the Planning Commission and the Parks and Recreation Commission, deems that there is sufficient land available for the subdivision, for improving of such land for park and recreational purposes. Prior Code 28- 4. 7. 9)

Section 17. 32. 090 Criteria for Requiring Both Dedication and Fee

In subdivisions of over 50 lots described in Subsections A and B of this section, the subdivider shall both dedicate land and pay a fee in- lieu thereof in accordance with the following provisions: A. If only a portion of the land to be subdivided is proposed as the site for a City Council, for neighborhood or community park purposes and a fee computed pursuant to the provisions of this chapter shall be paid in addition thereto; B. If a major part of the neighborhood or community park or recreational site has already been acquired by the City and only a portion of land is needed from the subdivision to complete the site, such remaining portion shall be dedicated, if acceptable to the City Council, and a fee computed pursuant to the provisions of this chapter shall be paid in addition thereto. Prior Code 28- 4. 7. 10)

Section 17. 32. 100 Subdivisions Not Within the General Plan

If the proposed subdivision lies within an area not then, but to be included within the

City' s General Plan, the subdivider shall dedicate land, pay a fee in- lieu thereof, or both, in accordance with the adopted park and recreational principles and standards of the City' s General Plan and in accordance with the provisions of this chapter. Prior Code 28- 4. 7. 12)

Section 17. 32. 110 Determination of Land or Fee

The decision of the City Council, upon recommendation of the Planning Commission and

the Parks and Recreation Commission, to accept land dedication or elect to require payment of a fee in- lieu thereof, or a combination of both, shall be final and conclusive and shall be determined by consideration of the following: A. Recreational element of the General Plan;

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B. Topography, geology, access, availability of public services and facilities, and

location of land within the subdivision available for dedication; C. Size and shape of the subdivision; D. Feasibility of dedication; E. Compatibility of dedication with the recreational element of the General Plan; and F. Availability of previously acquired park property. Prior Code 28- 4. 7. 13)

Section 17. 32. 120 Credit for Private Open Space

If private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit may be given against the requirement of land dedication or payment of fees in- lieu thereof, not to exceed 75% of such requirement, if the City Council, after considering recommendations of the Planning Commission and the Parks and Recreation Commission, finds that it is in the public interest to do so and that all the following standards are met: A. That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space; B. That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement, conveyance or restrictions; C. That the use of the private open space is restricted for parks and recreational purposes by recorded covenant, which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City or its successors; D. That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such facts as size, shape, topography, geology, access and location; E. That facilities proposed for the open space are in substantial accordance with the provisions of the recreational element of the General Plan; and F. That the open space and improvements for which credit is given meets the goals and objectives of policies set forth in the recreational element of the General Plan. The City Council, after reviewing recommendations from the Planning Commission and the Parks and Recreation Commission, shall make written findings that the open space and improvements meet the policies, goals and objectives of the General Plan. Before credit is given, a determination must be made that the improvements have been completed, or equipment installed, with prior approvals and to the satisfaction of the Director of Recreation and Community Services. Prior Code 28- 4. 7. 14; Ord. No. 2008- 8, Amended, 2/ 12/ 08)

Section 17. 32. 130 Procedure

upon A. At the time of approval of the tentative map, the City Council, recommendations of the Planning Commission and the Parks and Recreation Commission, shall determine the land to be dedicated or the fees to be paid, or both, by the subdivider. B. At the time of the approval of the tentative parcel map for a minor subdivision, or parcel map for a major subdivision, the Director of Planning shall determine the fees to be paid subdivider.by the The subdivider has a right of appeal to the City Council from any decision of the Director of Planning in connection with the amount of the fee to be paid.

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C. In the event the City Council has determined that fees should be paid in- lieu of,

or in addition to, the dedication of land, or the Director of Planning has determined fees are to be paid, the subdivider shall pay said fees, in their entirety, before the final map or parcel map may be recorded. Prior Code 28- 4. 7. 15)

Section 17. 32. 140 Commencement of Park Development

Acquisition and development of park and recreational facilities for which land has been

dedicated or for which fees have been paid, or both, will begin when the City Council determines that sufficient development has occurred so as to render the park or recreational facilities reasonably appropriate. Prior Code 28- 4. 7. 16)

Section 17. 32. 150 Regulations

The City Council may, from time to time, approve such regulations as it deems

necessary to implement the provisions of this chapter. Prior Code 28- 4. 7. 17)

Section 17. 32. 160 Exceptions

The following are excepted from the provisions of this chapter:
A. Industrial subdivisions;
B. Subdivisions of four or fewer lots not residentially zoned; provided, however, a

condition shall be placed on the approval of such map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, a fee shall be required to be paid as determined by resolution of the City Council, by the owner of each such parcel as a condition to the issuance of such building permit; C. The United States, State of California, school districts, counties, cities and other

public agencies; D. A subdivision containing less than five parcels for a shopping center containing more than 300, 000 square feet of gross leasable area and no residential development or uses;

and E. Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added. Prior Code 28- 4. 7. 18)

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Chapter 17. 36

School Sites and Supplemental Improvements

Sections:

17. 36. 010 Requirements
18. 36. 020 Procedure
19. 36. 030 Payments to Subdivider for School Site Dedication
20. 36. 040 Exemptions
21. 36. 050 Supplemental Improvements - Required
22. 36. 060 Supplemental Improvements - Hearings - Reimbursement Charges and Agreements
23. 36. 070 Supplemental Improvements - Sewerage, Bridges and Major Thoroughfares

Section 17. 36. 010 Requirements

As a condition of approval of a final map, a subdivider who develops or completes the

development of one or more subdivisions within any school district shall dedicate to the school district such lands as the City Council shall deem to be necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school service. Prior Code 28- 4. 8. 1)

Section 17. 36. 020 Procedure

The requirement of dedication shall be imposed at the time of approval of the tentative

map. If within 30 days after the requirement of dedication is imposed by the City, the school district does not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days after the filing of the final map on any portion of the subdivision. Prior Code 28- 4. 8. 2)

Section 17. 36. 030 Payments to Subdivider for School Site Dedication

The applicable school district shall, if it accepts the dedication, repay to the subdivider or

his successors the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts: A. The cost of any improvements to the dedicated land since acquisition by the subdivider. B. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication. C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. Prior Code 28- 4. 8. 3)

Section 17. 36. 040 Exemptions The provisions of Sections 17. 36. 010 through 17. 36. 030 shall not be applicable to a subdivider who has owned the land being subdivided for more than ten years prior to the filing of

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the tentative maps. Prior Code 28- 4. 8. 4)

Section 17. 36. 050 Supplemental Improvements - Required

The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity, number or length for the benefit of property not within the subdivision as a condition precedent to the approval of the final map or parcel map, and thereafter to dedicate such improvements to the public; supplemental length may include minimum- sized off-site sewer lines necessary to reach a sewer outlet in existence at the time. However, except as otherwise provided in this chapter, the subdivider shall be reimbursed for that portion of the cost of such improvements ( excluding easements), including an amount attributable to interest, in excess of the construction required for the subdivision, pursuant to the provisions of the Subdivision Map Act. Prior Code 28- 4. 9. 1)

Section 17. 36. 060 Supplemental Improvements - Hearings - Reimbursement Charges and Agreements

A. The City Council shall hold a public hearing to establish the charge, area of benefit or local benefit district, which shall only be established if the City Council finds that the reimbursement charge and the area of benefit or local benefit district are reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. The City Engineer shall report on the reasonableness of the cost of the improvement, and the Council may reduce the charge to the extent that the Council finds the costs to be unreasonable. The Council shall adopt a resolution formalizing its findings and containing legal descriptions of each property, the charge to be imposed on each property, and the identity of the property owner. If a charge is approved, a certified copy of the resolution shall be recorded with the County Recorder and the City Engineer shall enter into the appropriate reimbursement agreement with the developer. B. In addition to the notice required by Section 66451. 3 of the Government Code, written notice of the hearing shall be given to the subdivider and to owners of property within the proposed area of benefit and to the potential users of the supplemental improvements insofar as they can be ascertained at the time as shown on the latest equalized assessment roll. Such notices shall be mailed by the City Clerk at least 30 days prior to the date established for hearing. C. In the event owners of parcels subject to a majority of the charge object to the charge, the Council may only approve the charge by the affirmative vote of at least four of its members. D. In the event the subdivider constructs the improvements before the Council hearing, the City shall not be obligated to reimburse the subdivider out of City funds should the Council not establish the charge, area of benefit or local benefit district, and all risk of such failure to levy the charge shall be the subdivider's. E. In the event the subdivider requests City Council action prior to the construction of such improvements, the City Engineer may, upon final approval and signing of improvement drawings, determine the amount of reimbursement based on the submitted engineer' s cost

estimate. The City Council' s action pursuant to Subsection A of this section shall be a declaration of its intention based on such estimates. The Council shall hold a second hearing, with appropriate notice, findings and resolution, to actually establish the charges and areas based upon as- built costs after completion and acceptance of the improvements.

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F. If, during the 20- year period following the adoption pursuant to Subsection A of this section of the resolution establishing the benefit area, any person who files a tentative map or tentative parcel map, or applies for a building permit on a lot for which a charge for said supplemental improvements has been established in accordance with the provisions of Sections 17. 36. 050 through 17. 36. 070, and such person or his predecessor in interest has not paid such charges to the City, the charge established thereunder shall be paid prior to the filing of the final map or parcel map, or the issuance of the building permit; provided, however, that such payment shall not be required in connection with building permits having a total improvement value of $ 3, 000 or less; and, provided further that the money paid shall include the principal charge plus interest. The rate of interest shall be equal to the yield on the 20- year United States Treasury Note on the date of the adoption of the above referenced resolution per the " h. 15" report as published by the Federal Reserve. This interest rate shall be fixed and applied for the entire life of the agreement, compounded annually, and prorated for any partial year. Upon the payment of such charge, the City Clerk shall record with the County Recorder a notice satisfactory to the City Attorney that such charge has been paid on such parcel. Prior Code 28- 4. 9. 2; Ord. No. 2008- 16, Amended, 6/ 10/ 08)

Section 17. 36. 070 Supplemental Improvements- Sewerage, Bridges and Major Thoroughfares

If the City has adopted a local sanitary sewer plan or map as required for the imposition

of fees therefore, or has established an area of benefit for bridges or major thoroughfares, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of such charge as set forth in this chapter. The City may enter into reimbursement agreements with a subdivider who constructs such facilities, bridges, or thoroughfares and the charges collected by the City therefore may be utilized to reimburse the subdivider as set forth in this chapter. Prior Code 28- 4. 9. 3)

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Chapter 17. 40

Drainage fees

Sections:

17. 40. 010 Established
18. 40. 020 Planned Local Drainage Facilities
19. 40. 030 PLDF Areas
20. 40. 040 Computation of Drainage Fees
21. 40. 050 Payment of Fees
22. 40. 060 Adjustment of Fees
23. 40. 070 Reimbursement Agreements
24. 40. 080 Applicability
25. 40. 090 Established

Section 17. 40. 010 Established

Planned local drainage (" PLD") areas for the City are established, which cover the entire drainage area of the City as adopted by the City Council. Said PLD areas are depicted upon a map entitled " Master Plan Drainage; Drainage Basin Map; Vista, California," prepared by L& S Consultants, designated sheet one of 61 sheets, included in that certain " Drainage Master Plan, of Vista, California," dated April 13, 1983, adopted by reference in this section and anyCity amendments thereto, a copy of which plan is on file in the office of the City Clerk. This report contains cost estimates for necessary construction within planned local drainage areas based upon the 1982 Consumer Price Index. Prior Code 28- 4. 10. 1)

Section 17. 40. 020 Planned Local Drainage Facilities

The City Council finds that the subdivision of land within the meaning of the Subdivision

Map Act will require the construction of those drainage facilities described in said drainage master plan. Such facilities shall be referred to in this chapter as " planned local drainage facilities" or " PLDF." The City Council further finds that all properties within each of such planned local drainage areas will be benefited by construction of the local drainage facilities proposed for each of such areas. Prior Code 28- 4. 10. 2)

Section 17. 40. 030 PLDF Areas

The City Council also finds that the PL15F fees set forth by resolution will be charged

within each such PLD area as follows: A. PLD Area 1: 1. Agua Hedionda Basin 2. Buena Creek Basin

B. PLD Area 2:
1. Gopher Canyon Basin
2. Guajome Basin

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C. PLD Area 3:
1. Buena Vista Creek Basin
2. Eucalyptus Avenue Basin
3. FoothillNale Terrace Basin
4. Monte Vista Basin
5. North Santa Fe Basin
6. Sunset Basin

Prior Code 28- 4. 10. 3)

Section 17. 40. 040 Computation of Drainage Fees

The fees levied by this chapter shall be paid to the City in the enumerated amount, to defray the pro rata costs of the impact of the physical development against which the fee is assessed. A. Commercial, industrial, nonresidential governmental, church, public, nonprofit, institutional, and all other categories of nonresidential construction and residential construction shall be required to pay the fee based on the area ( acreage) of land to be developed. Where only a portion of a legal parcel is to be developed, and further development of such parcel is reasonable, the fee to be charged shall be based on the area to be developed. B. For every acre of land, or portion thereof, which is developed subsequent to the adoption of this section, the fee set by resolution will be charged for drainage facilities in the following PLDF areas: 1. Agua Hedionda Basin 2. Buena Creek Basin 3. Gopher Canyon Basin 4. Guajome Basin 5. Buena Vista Creek Basin 6. Eucalyptus Avenue Basin 7. FoothillNale Terrace Basin 8. Monte Vista Basin 9. North Santa Fe Basin 10. Sunset Basin Such fees, as set forth by resolution, represent a revision of the fees specified in Ordinance No. 83- 36. Said revisions, which apply to residential and nonresidential development, reflect the increased cost of constructing such facilities and the addition of subsequent drainage areas in accordance with the master drainage plan. C. Pursuant to Section 66483 of the Government Code, such fees are fairly apportioned within drainage areas on the basis of benefits conferred on property proposed for development or on the need for such facilities created by the proposed development of other property within such areas. Such fees do not provide for the full cost recovery of providing the required drainage facilities as enumerated in the master drainage plan. D. Such drainage fees shall be collected and deposited into the appropriate account of the development trust fund of the City. E. For the purpose of computing the fee set forth by resolution, acreage shall be computed as gross acreage to the center line of streets abutting the property in question and fees for fractional acreage shall be prorated. Prior Code 28- 4. 10. 4)

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Section 17. 40. 050 Payment of Fees

Any drainage fees required by this title shall be paid prior to issuance of a building permit, or, at the request of the applicant, deferred until all work required for final inspection has been completed and all department approvals required for final inspection have been obtained by the applicant. Such fees shall be assessed at the per acre rate on each parcel on which building reconstruction or remodeling occurs except where the reconstruction or remodeling is 150 percent or less of the present square footage of the building to be reconstructed or remodeled. If the applicant chooses to defer the payment of fees to prior to the request for final inspection, then the amount of the fees shall be based on the fees in effect at the time of the request for final inspection. In the event that the City fails to collect any or all fees prior to final inspection, such fees shall remain the obligation of the developer and/or property owner. Prior Code 28- 4. 10. 5; Ord. No. 2016- 11, Amended 8/ 23/ 16)

Section 17. 40. 060 Adjustment of Fees

A. Annually, prior to July 1st of each year, the City Council shall conduct a public

hearing for the purpose of reviewing and adjusting the drainage fee schedule contained in Section 17.40. 040 B. Among other criteria to be considered by the City Council in its review and/ or adjustment of drainage fees shall be the annual percentage increase in the McGraw- Hill Construction Index as of April 1st next preceding the public hearing provided for in this section. Such public hearing, and fee adjustment if any, shall be noticed and conducted in accordance with the provisions of Section 54992 of the California Government Code. B. Appropriations and expenditures from each account within such fund shall be made only for specified related capital projects, and only through the City annual budgetary process. Prior Code 28- 4. 10. 7)

Section 17. 40. 070 Use of Drainage Fees

Fees collected under the provisions of this chapter shall be segregated according to their

source and deposited into a planned local drainage facilities fund established for each PLD area and the funds therein and interest accruing thereto shall be expended solely for the construction of or for reimbursement for construction of PLDFs within each such area. Prior Code 28- 4. 10. 8)

Section 17. 40. 080 Reimbursement Agreements

The City Council may, at its discretion, enter into a reimbursement agreement with a developer in accordance with Section 19. 08. 090 of this code, for permanent off-site construction when such developer has constructed a planned local drainage facility. Reimbursements shall be made only as fees are collected in connection with development of other property in the same planned drainage area in which the facilities were constructed. The amount of reimbursement shall be limited to actual excess cost, including engineering and other costs ( not to exceed ten percent total), of such facilities at the time they were constructed, in excess of the drainage fees required pursuant to the provisions set forth by resolution. The term of reimbursement agreement shall not exceed ten years. Said reimbursement agreement shall provide full recovery of City administrative costs relative to defining area of benefit and administration of the agreement. Prior Code 28- 4. 10. 9)

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Section 17. 40. 090 Applicability

This chapter shall not be applicable to any tentative map filed prior to the 31 st day after

the effective date of this chapter. Editor' s Note: The effective date of the ordinance codified in Chapter 17. 40 is 3/ 19/ 75. Prior Code 28- 4. 10. 10)

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Chapter 17. 44

Monuments

Sections:

17. 44. 010 Monuments
18. 44. 020 Boundary Monuments
19. 44. 030 Parcel Corner Monuments
20. 44. 040 Additional Monuments
21. 44. 050 Deferral of Monuments - Final Map
22. 44. 060 Deferral of Monuments - Parcel Maps

Section 17. 44. 010 Monuments

Prior to the recording of any final map or parcel map, monuments shall be set by a licensed

land surveyor or registered civil engineer, except as provided by this chapter. Prior Code 28- 4. 11. 1)

Section 17. 44. 020 Boundary Monuments

The exterior boundary of a subdivision shall be monumented with permanent monuments, not smaller than two- inch iron pipes at least 18 inches long, with concrete core and disk, stamped with surveyor or engineer number, at each corner, angle point, beginning and end points of all curves, with the following exceptions: A. Found monuments of record need not be replaced with two- inch iron pipes; B. Any monument which falls within a public dedicated street shall be set at the ultimate right- of-way line at the intersection with exterior boundary lines; C. With prior approval of the City Engineer, deviations may be allowed where physical conditions make it impracticable to set two- inch iron pipes, or a multiplicity of short courses occurs on the boundary to be monumented. Prior Code 28- 4. 11. 2)

Section 17. 44. 030 Parcel Corner Monuments

All lot corners and all angle points in a parcel boundary, except when coincident with

exterior boundary corner, shall be monumented with permanent monuments of one of the following types: A. Three- fourths- inch diameter iron pipe at least 12 inches long, or at the option of the subdivider, one- half inch diameter iron pin at least 18 inches long. In either case, the monument shall bear the surveyor or engineer number; B. Lead plug and copper identification disks set in concrete sidewalks or curbs; provided, however, that with prior approval of the City Engineer, deviations may be allowed where physical conditions make it impracticable to set monuments or a multiplicity of short courses occurs on the boundary to be monumented. Prior Code 28- 4. 11. 3)

Section 17. 44. 040 Additional Monuments

Such additional monuments to mark the limiting lines and center lines of streets as the City

Engineer may require shall be set. Prior Code 28- 4. 11. 4)

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Section 17. 44. 050 Deferral of Monuments - Final Map

A. Monuments for subdivisions requiring a final map, except for exterior boundaries, may be deferred for up to 30 days after completion of improvements for the subdivision provided: 1. The subdivider shall guarantee that the monuments shall be set and shall secure such guarantee by an improvement agreement, approved as to form by the City Attorney and security in the form of cash, bond, letter of credit, or certificate of deposit. The City Engineer, or his designee, may execute the improvement agreement on behalf of the City subject to the conditions set forth in Section 17. 44. 050( B). 2. Temporary monuments are set by such surveyor of record for construction purposes prior to recording the final map. 3. The subdivider guarantees the location of all improvements and all buildings to be constructed. B. The City Engineer, or his designee, is authorized to execute improvement agreements on behalf of the City provided: 1. The term of the improvement agreement shall not exceed two years, nor be extended for more than 12 months from the original expiration date of the improvement agreement. 2. The amount of the security to be deposited shall be based on the estimated cost of monumentation approved by the City Engineer. 3. The monuments shall be set in accordance with map approved by the City Engineer. 4. The monuments shall be maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. Prior Code 28- 4. 11. 5; Ord. No. 2000- 2, Amended, 06/ 13/ 2000)

Section 17. 44. 060 Deferral of Monuments - Parcel Maps

No monuments for subdivisions requiring a parcel map shall be deferred.

Prior Code 28- 4. 11. 6)

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Chapter 17. 48

Major Thoroughfare and Bridge Fees

Sections:

17. 48. 010 Purpose
18. 48. 020 Definitions
19. 48. 030 Circulation Element
20. 48. 040 Payment of Fees Required
21. 48. 050 Consideration in Lieu of Fees
22. 48. 060 Eligible Improvements
23. 48. 070 Public Hearing
24. 48. 080 Filing of Protest
25. 48. 090 Majority Protest of Benefit - Confirmation17. 48. 100 Establishing Area
26. 48. 110 Exceptions
27. 48. 120 Deposit of Fees Collected

Section 17. 48. 010 Purpose

The purpose of this chapter is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges over waterways, railways, freeways and canyons, or constructing major thoroughfares pursuant to Section 66484 of the Government Code. Prior Code 28- 4. 12. 1)

Section 17. 48. 020 Definitions

Whenever the following words are used in this chapter, they have the following meaning: Construction" means design, acquisition of right- of-way, administration of construction

contracts and actual construction. Bridges" refers to the transportation or flood control provisions shown on the Circulation Element of the City's General Plan which identifies railways, freeways, streams or canyons for which bridge crossings are required on General Plan or local roads. Major thoroughfares" means a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through- traffic and provide a network connecting to the state highway system. Prior Code 28- 4. 12. 2)

Section 17. 48. 030 Circulation Element

Whenever this chapter refers to the Circulation Element of the General Plan or to the

transportation or flood control provisions thereof, it means the Circulation Element of the General Plan and the transportation and flood control provisions thereof heretofore adopted by

the City pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted. Prior Code 28- 4. 12. 3)

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Section 17. 48. 040 Payment of Fees Required

A. Prior to filing a final map which includes land within an area of benefit established

pursuant to this chapter, the subdividers shall pay or cause to be paid any fees established and apportioned to such property pursuant to this chapter for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares. B. Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this chapter, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this chapter for the purpose of defraying the actual or estimated cost of constructing major thoroughfares, unless such fees have been paid pursuant to Subsection A of this section. Prior Code 28- 4. 12. 4)

Section 17. 48. 050 Consideration in Lieu of Fees

Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of fees required pursuant to this chapter; provided, that the City Council finds upon recommendation of the Director of Public Works, that the substitute consideration has a value equal to or greater than the fee; provided, further, that the substitute consideration is in a form acceptable to the City Council. Prior Code 28- 4. 12. 5)

Section 17. 48. 060 Eligible Improvements

Notwithstanding the provisions of Subsections A and B of Section 17.48. 040:
A. Payment of bridge fees shall not be required unless the planned bridge facility is

an original bridge serving the area or in addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit. Such fees shall not be expended to reimburse the cost of existing bridge facility construction; B. Payment of major thoroughfare fees shall not be 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. Prior Code 28- 4. 12. 6)

Section 17. 48. 070 Public Hearing

A. Prior to establishing an area of benefit, a public hearing shall be held by the City

Council, at which time the boundaries of the area of benefit, the cost, whether actual or estimated, and a fair method of allocation of costs of the area of benefit and fee apportionment, and the fees to be collected shall be established. B. Notice of the public hearing shall be given pursuant to Section 65905 of the Government Code. In addition to the requirements of Section 65905 of the Government Code, such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. Prior Code 28- 4. 12. 7)

Section 17. 48. 080 Filing of Protest

At any time not later than the hour set for hearing objections to the proposed bridge

facility or major thoroughfare, any owner of property to be benefitted by the improvement may

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file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against the method of allocating the costs or against any of these. Such protests must be in writing and must contain a description of the property in which each protestant thereof is interested, sufficient to identify the same and if the protestants are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such protestants are the owners of such property. All such protests shall be delivered to the City Clerk and no other protests or objections shall be considered. Any protests may be withdrawn by the owners making the same, in writing, at any time prior to the conclusion of the public hearing. Prior Code 28- 4. 12. 8)

Section 17. 48. 090 Majority Protest

A. 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 benefitted 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 benefitted, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provisions of this chapter. B. If any majority protest is directed against only a portion of the improvement then all further proceedings under the provisions of this chapter to construct that portion of the improvement so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this chapter shall prohibit the City Council within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four- fifths of its members, that the owners of more than one- half of the area of the property to be benefitted are in favor of going forward with such portion of the improvement or acquisition. Prior Code 28- 4. 12. 9)

Section 17. 48. 100 Establishing Area of Benefit— Confirmation

A. If the City Council finds that a majority protest has not been made, they shall take the determination required by Section 17. 48. 070 of this chapter and determine whether or not to establish the area of benefit. The Council shall confirm its decision to establish an area of benefit by resolution, which shall be recorded with the County Recorder for the County of San Diego. B. There are hereby established fees for the purpose of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the Council may adopt pursuant to this section. Such fees, in the area of benefit to which such fees are apportioned, shall be established as set forth in said resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof Prior Code 28- 4. 12. 10)

Section 17. 48. 110 Exceptions

Notwithstanding the provisions of Section 17. 48. 090, payment of such fees shall not be

required for:

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A. The use, alteration or enlargement of an existing building or structure or the

erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the Director of Building, of all such alteration, enlargement or construction completed within any one- year period does not exceed one- half of the current market value as determined by the Director of Building of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by the Uniform Building Code. and structures: private garages, children' s B. The following accessory buildings playhouses, radio and television receiving antennas, windmills, silos, tankhouses, shops, barns, coops and other buildings which are accessory to one-family or two- family dwellings. Prior Code 28- 4. 12. 11)

Section 17. 48. 120 Deposit of Fees Collected

Fees paid pursuant to this chapter shall be deposited in a planned bridge facility or major thoroughfare fund. A fund shall be established for each planned bridge facility project or each planned major thoroughfare project. If the 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. Moneys in such fund shall be expended solely for the construction or reimbursement 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 local agency for the cost of constructing the improvement. Prior Code 28- 4. 12. 12)

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Chapter 17. 52

Excavations

Sections:

17. 52. 010 Definitions
18. 52. 020 Fees and Deposits
19. 52. 030 Release of Liability
20. 52. 040 Fees and Deposits - Exemptions
21. 52. 050 Computation of Costs
22. 52. 060 Permits Revocable
23. 52. 070 Denial of Application - Appeal
24. 52. 080 Permit Required
25. 52. 090 Application Required
26. 52. 100 Fees Established by Resolution
27. 52. 110 Deposit or Bond Required
28. 52. 120 Deposit Disposition - Specifications Adopted
29. 52. 130 Minimum Depths Established
30. 52. 140 Barriers and Warning Devices Required
31. 52. 150 Shoring and Support
32. 52. 160 Provision for Nuisance Water Required
33. 52. 170 Disposition of Excavated Material
34. 52. 180 Minimum Inconvenience - Noise - Working Hours
35. 52. 190 Removal and Replacement of Pavement
36. 52. 200 Access to Emergency Facilities
37. 52. 210 Notification of Utility Companies - Relocation
38. 52. 220 Backfill Methods - Testing - Specifications
39. 52. 230 Worksite to be Clean
40. 52. 240 Prosecution and Progress of Work
41. 52. 250 Temporary Paving
42. 52. 260 Emergency Work
43. 52. 270 Monument Protection and Restoration
44. 52. 280 Inspections - Rules and Regulations
45. 52. 290 Substructure Maps Required

Section 17. 52. 010 Definitions

For the purposes of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section. In all cases, the singular includes the plural, the present tense includes the future tense, and the word " shall" is mandatory. Building" or " structure," in addition to the meanings ordinarily ascribed to such terms, mean any machine, implement, device, tree, derrick, stage or other setting, lumber, sash or door, structural steel, pipe, dynamo, transformer, generator, object or thing having a width of more than eight feet, other than any implement of husbandry or any special mobile equipment as defined in the State Vehicle Code, having a width of ten feet or less. Such term also includes a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum permitted by the State Vehicle Code. Commercial driveway" means a driveway which is not a " residential driveway" as defined in this section. Driveway" means a commercial driveway.

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Excavation" means any cavity, cut, trench or hole created for the purpose of installing,

repairing, inspecting or constructing any substructure, foundation, pavement or other manmade work within a public right- of-way. Facility" means a manmade object occupying a position within a public or private right- of-way, including but not limited to, poles and towers, cables, wires, ducts, pipes, vaults and manholes. Highway" or " street" mean any public highway, public street, public way or public place in the city either owned by the City or dedicated to public use. Moving contractor" means any person who for himself or for another moves or causes to be moved any building or structure over, upon, along or across any highway. Person" means an individual, firm, company, partnership, corporation or association engaged in business or activity which requires any permit, permission or acquiescence by the City. Public place" means any road, walkway, highway, street or open space dedicated by easement deed, grant deed or other instrument for public purposes. Residential driveway" means any driveway serving any property which is used solely for residential purposes, including farms or ranches which are not used as retail outlets for the products of husbandry. Substructure" means any underground facility. Utility" means a company supplying services or products through a system of facilities or substructures; also the facilities or substructures which deliver such services or products. Prior Code 27- 2. 1. 1)

Section 17. 52. 020 Fees and Deposits

Every applicant for a permit or license required by this chapter shall, at the time of making application for the permit or license, pay the fees and make any deposits required for such permit or license. Fees may be established by resolution of the City Council and changed or amended from time to time as deemed appropriate by the City Council. Prior Code 27- 2. 1. 2)

Section 17. 52. 030 Release of Liability

On each application filed pursuant to this chapter the applicant shall sign a statement

that he agrees to preserve and hold harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage happening or occurring as a proximate result of the applicant' s negligence or the negligence of the applicant' s agents, servants, employees or contractors in the design or performance of any work undertaken under any permit or license granted pursuant to such application. Prior Code 27- 2. 1. 3)

Section 17. 52. 040 Fees and Deposits - Exemptions

If the United States, this state, any county, any municipal corporation, school district,

utility, other public district or public body files with the City Engineer a written guarantee of payment of all costs for which they may become liable to the City, then neither an issuance fee nor deposit is required from such organization. Prior Code 27- 2. 1. 3)

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Section 17. 52. 050 Computation of Costs

Whenever in the provisions of this chapter any costs are to be charged any permittee,

and no other method or amount is specified therefore by resolution of the City Council, such costs are the actual costs, including the proportionate parts of salaries, fringe benefits, overhead, materials and any other identifiable costs attributable to the permit or license. Prior Code 27- 2. 1. 5)

Section 17. 52. 060 Permits Revocable

Any permit issued by the City Engineer under any of the provisions of this chapter may

be revoked, or the conditions to which it has been made subject may be amended, modified or changed, if the City Engineer deems such change, modification or withdrawal necessary for the protection of the highways, streets or public places of the City, to prevent undue interference with traffic, or to protect persons or property within or adjacent to such places from damage or danger. Notification shall be made by the City Engineer either by mailing written notice to the permittee at the address upon the application for permit or by making personal service of such written notice upon the permittee. The revocation, change or amendment shall be effective either 24 hours after such notice is deposited in the United States mail or immediately upon completion of personal service. Prior Code 27- 2. 1. 5)

Section 17. 52. 070 Denial of Application - Appeal

Where an application is filed as required by this chapter and the permit applied for is denied by the City Engineer, or granted by him subject to terms or conditions to which the applicant objects, the applicant may appeal to the City Council. The City Council shall consider in hearing the appeal the reasons why the City Engineer denied the permit or imposed such conditions. Thereafter, subject to the requirements of this chapter, the City Council may grant or deny the appeal or may grant subject to such limitations as they deem necessary for the protection of streets or to prevent undue interference with traffic or to protect both persons and property from damage and danger. The failure of the City Engineer to act on an application for permit within ten days after the filing thereof shall constitute a denial of such application for the purposes of this section. The decision of the City Council on any appeal shall be final. Prior Code 27- 2. 1. 7)

Section 17. 52. 080 Permit Required

No person shall make any excavation or fill any excavation in any public place or

affecting lateral support of such public place without first obtaining a permit to do so from the City Engineer, except as otherwise provided in this chapter. No permit to make an excavation or trench, or fill in a public place shall be issued except as provided in this chapter. The City Engineer may issue an annual blanket permit for the purpose of placing, replacing or repairing any facility in a public place where the opening or excavation does not exceed three feet in width and four feet in length and other miscellaneous excavations approved by the City Engineer to the following: A. A public utility regulated by the state public utilities commission; B. A person holding a franchise from the City; C. A special district organized under and governed by the statutes of the State of California. Prior Code 27. 3. 1. 1)

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Section 17. 52. 090 Application Required

No excavation permit shall be issued unless a written application, on a form provided by the City Engineer, is submitted to the City Engineer. The written application shall state the following: A. The name, address and principal place of business of the applicant; B. The authority of applicant to occupy the public place for which the permit is sought; C. The location and dimensions of the installation or removal and the approximate size of the excavation to be made; D. The purpose of the facility; E. The approximate starting and completion dates of such work, including backfilling such excavation and removing all obstructions, material and debris, and restoring the surface over the excavation to its original condition or better; F. The City Engineer may establish special conditions or may adjust and modify standard conditions if necessary to preserve and protect the safety and convenience of the travelling public or the public interest, and also may cancel the permit for good and sufficient cause. Prior Code 27- 3. 1. 2)

Section 17. 52. 100 Fees Established by Resolution

A permit fee shall be charged for each excavation permit issued by the City Engineer.

Such fee shall be established by the City Council by resolution and may, from time to time, be modified or changed as circumstances warrant. Prior Code 27- 3. 1. 3)

Section 17. 52. 110 Deposit or Bond Required

A. Before an excavation permit, as provided in this chapter, is issued, the applicant

shall deposit with the City Engineer a sum estimated to be the cost of restoring the public place to its previous condition. B. Public utilities regulated by the state public utilities commission, persons or utilities holding a franchise from the City, City departments and other governmental agencies may be relieved of the obligation of submitting such a bond by the City Engineer. Prior Code 27- 3. 1. 4)

Section 17. 52. 120 Deposit Disposition - Specifications Adopted

Deposits as required under this chapter shall be a guaranteed security acceptable to the

City Engineer. A. The application for an excavation permit to perform excavation work under this chapter shall be accompanied by a deposit, made to the City Engineer for deposit with the Finance Officer of the City in accordance with the rate schedule adopted by resolution of the City Council. Any such deposit made under the provisions of this section shall serve as security for the repair and performance of work necessary to restore the public place to the condition that existed prior to the excavation if the permittee fails to make the necessary repairs or to complete the work under permit. B. Upon the permittee' s completion of the work covered by such permit in conformity with this chapter and acceptance thereof by the City Engineer, two-thirds of the deposit shall be promptly refunded by the City Engineer to the permittee, and the balance shall

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be released to the permittee at the end of a 24- month period. C. Part, or all, of any such deposit may be used to pay the cost of any work the City is required to perform to restore or maintain the public place as provided in this chapter in the event the permittee fails to perform such work, in which case the amount released to the permittee shall be reduced by the amount thus expended. D. Where excavations are made by persons or utilities operating under a franchise issued by the City or regulated by the state public utilities commission or utilities operated by governmental agencies or special districts a permit may be granted without the making of such a deposit. In such cases, the permittee shall be liable for the actual cost of any work required to be done by the City in restoring the area covered by such excavations to the condition that existed prior to the excavation being made. The City Engineer may require such a deposit of a utility or franchisee if a request for reimbursement rendered under this chapter becomes delinquent. E. All such work shall be done in conformance with the latest edition of the Standard Specifications for Public Works Construction" or according to the plans and specifications referred to in the permit and, in addition, any special requirements and specifications which are made a part of the permit. Provisions of this chapter shall take precedence over any conflicting provisions of the " Standard Specifications for Public Works Construction." F. The maximum length of open trench permissible at any time shall be in accordance with the standard specifications or as specified by the City Engineer and no greater length shall be open for pavement removal, excavation, construction, backfilling, resurfacing or any other operation without written approval of the City Engineer. Prior Code 27- 3. 1. 5)

Section 17. 52. 130 Minimum Depths Established

Unless otherwise approved by the City Engineer, the minimum cover over substructures shall be as follows: A. In streets and alleys: 1. 24 inches below the established flow line of the nearest gutter; or 2. If a flow line is not established, then the depth shall be a minimum of 30 inches below the surface of the nearest outermost edge of the traveled way; or 3. Designated elevations approved by the City Engineer. B. In parkways or parking strips 18 inches below the established parkway grade. C. In other public places 12 inches below the surface. Prior Code 27- 3. 2. 1)

Section 17. 52. 140 Barriers and Warning Devices Required

A. It shall be the duty of every person cutting or making an excavation in or upon a

public place to erect and maintain barriers and warning devices necessary for the safety of the general public. B. Warning signs shall be placed far enough in advance of the construction operation to alert traffic within a public street and cones or other approved devices shall be placed to channel traffic, in accordance with the instructions of the City Engineer. All safety measures and traffic- control precautions shall conform to the current requirements as specified in the latest edition of the " Manual of Warning Signs, Lights and Devices for Use in Performance of Work upon Highways," published by the Department of Transportation of the State of California in accordance with Section 21400 of the State Vehicle Code.

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C. The permittee shall take appropriate measures to assure that during the

performance of the excavation work, traffic conditions are maintained as nearly normal as possible to minimize inconvenience to the traveling public and occupants of adjoining property. Adequate pedestrian walkways shall be maintained. The City Engineer may, by written approval, permit the closing of streets and alleys for a prescribed period of time. Prior Code 27- 3. 3. 1)

Section 17. 52. 150 Shoring and Support

The permittee shall at all times preserve and protect from injury any adjoining property

by providing adequate support and taking other necessary measures. The permittee shall shore up and protect all buildings, walls, fences or other property likely to be damaged during the course of construction and shall be responsible for all damage to public or private property resulting from his failure to properly protect and carry out such work. Prior Code 27- 3. 3. 2)

Section 17. 52. 160 Provision for Nuisance Water Required

The permittee shall maintain all gutters free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of curbs at gutterline. Where no gutters exist, at intersecting streets, and at all locations where permitted work is in progress, adequate provision shall be made for runoff and nuisance water so that no ponding, flooding or other damage occurs. Prior Code 27- 3. 3. 3)

Section 17. 52. 170 Disposition of Excavated Material

All excavated material piled adjacent to the trench or in any street shall be maintained in

such a manner as not to endanger those working in the trench, pedestrians or users of the streets, and so that as little inconvenience as possible is caused to those using the streets and adjoining property. The City Engineer may require that excavated material be removed from the work site. It shall be the permittee' s responsibility to secure any necessary permission and make all necessary arrangements for any disposal or storage site required. Prior Code 27. 3. 3. 4)

Section 17. 52. 180 Minimum Inconvenience - Noise - Working Hours

A. Each permittee shall conduct and carry out excavation work in such manner as

to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property. In the performance of the excavation work, the permittee shall take appropriate measures to reduce, to the fullest extent practicable, noise, dust, and unsightly debris. B. Between the hours of 10: 00 p. m. and 7: 00 a. m., the permittee shall not use, appliance orexcept with the express written permission of the City Engineer any tool, equipment producing noise of sufficient volume to disturb the repose of the occupants of neighboring properties. C. No permit shall be issued, nor shall other than emergency work be performed, in a commercial district between Thanksgiving and New Year' s Day. Prior Code 27. 3. 3. 5)

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Section 17. 52. 190 Removal and Replacement of Pavement

A. The following conditions apply to the removal and replacement of pavement surfaces and structural sections: 1. Sections of sidewalk shall be removed to the nearest score line or joint; 2. Unstable pavement shall be removed over cave- outs and over breaks and the restoration shall be treated as part of the main excavation; 3. Pavement edges shall be trimmed to a vertical face and neatly aligned with the center line of the trench. Cutouts beyond the normal trench lines shall be either normal or parallel to the trench; 4. Minimum bituminous pavement section for replacement in streets is three inches of asphaltic concrete over eight inches of Class III aggregate base or a section equal to that excavated plus one inch of base and one inch of asphaltic concrete, whichever is greater. P. C. C. pavements shall be replaced with a thickness equal to that removed plus one inch except sidewalks, which shall be replaced in kind. B. The following conditions may also apply to the removal and replacement of pavement surfaces and may be imposed by the City Engineer or by resolution of the City Council: 1. Permits to excavate in new streets or newly reconstructed or repaved streets may carry a surcharge or additional fee if established by resolution of the City Council; 2. Heavy- duty pavement breakers, drop hammers, hoe- rams or similar equipment may be prohibited by the City Engineer when their use may endanger existing substructures or other property; 3. Saw- cutting of pavement surfaces may be required by the City Engineer when the nature of the work or the condition of the street so warrants. When required, the depth of cut shall be not less than one inch or 25 percent of the paving thickness, whichever is greater; 4. Boring or other methods to minimize or prevent pavement cutting may be required by the City Engineer. Prior Code 27. 3. 3. 6)

Section 17. 52. 200 Access to Emergency Facilities

All work under this chapter shall be performed and conducted so as not to interfere with

access to fire hydrants, fire stations, fire escapes or any other emergency facilities. Prior Code 27. 3. 3. 7)

Section 17. 52. 210 Notification of Utility Companies - Relocation

The permittee shall notify the owners of all facilities in the excavation area a minimum of 24 hours prior to excavating. The permittee shall not interfere with any existing facility without the written permission of the owner. No relocation of an existing facility shall be done except by the owner. No facility belonging to the City shall be relocated to accommodate the permittee unless the cost of such work is borne by the permittee. The cost of moving privately owned facilities shall also be borne by the permittee unless other arrangements are made with the owner thereof. The permittee shall support and protect all pipes, conduits, poles, wires or other apparatus which may be in any way affected by the excavation work. If physical connection to the existing facility is required for such protection, the permittee shall secure permission and approval of the owner for the support method proposed. In the event any facility is damaged by the permittee, including pipe wrappings or coatings, the damage shall be promptly brought to the attention of the owner and the permittee shall be responsible for the cost of any required repair.

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The permittee shall inform himself as to the horizontal and vertical position of all underground facilities within the excavation area by exposing such facilities prior to machine digging. Prior Code 27. 3. 3. 8)

Section 17. 52. 220 Backfill Methods - Testing - Specifications

The permittee shall refill the excavation in a manner satisfactory to the City Engineer.

The City Engineer may require soil testing by a firm specializing in that field to verify that the backfill meets minimum requirements as specified in the " Standard Specifications for Public Works Construction." The permittee shall bear the cost of any such testing. Prior Code 27. 3. 4. 1)

Section 17. 52. 230 Worksite to be Clean

As the excavation work progresses, all streets shall be thoroughly cleaned of all rubbish, excess earth, rock or other debris resulting from such work. All such cleanup operations shall be at the expense of the permittee. From time to time, as may be ordered by the City Engineer, and in any event immediately upon completion of the work, the permittee, at his own expense, shall clean up and remove all refuse or unused materials of any kind resulting from the work. Upon failure to do so within 24 hours after having been notified to clean the work area, the cleaning may be done at the direction of the City Engineer and the cost charged to the permittee. Whenever it becomes necessary to excavate through any landscaped area, such area shall be reestablished in a like manner at the conclusion of the work. All work shall be done in a manner designed to leave the area clean of earth and debris and in a condition as near as possible to that which existed before such work began. The permittee shall not remove, even temporarily, any existing trees or shrubs without first obtaining written consent from the City Engineer. Prior Code 27. 3. 4. 2)

Section 17. 52. 240 Prosecution and Progress of Work

After work is commenced, the permittee shall prosecute with diligence all work covered

by the permit. The permittee shall promptly complete all such work and restore the site to a satisfactory condition so as not to obstruct the public place or travel thereon more than is reasonably necessary. Prior Code 27. 3. 4. 3)

Section 17. 52. 250 Temporary Paving

Upon completion of the backfilling, temporary pavement material shall be used to

resurface the excavated area, unless otherwise specified. All temporary paving material shall conform closely enough with the level of the adjoining paved surface and shall be compacted so that it is hard and smooth enough to be safe for pedestrian travel as well as for vehicular traffic at the legal rate of speed. The permittee shall be responsible for maintaining the temporary pavement and for all barriers and lights until permanent paving is completed. Permanent resurfacing shall be completed within 30 days after temporary paving unless waived in writing by the City Engineer. The City reserves the right to place permanent paving by its own forces at the expense of the permittee. Prior Code 27. 3. 4. 4)

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Section 17. 52. 260 Emergency Work

Nothing in this chapter shall be construed to prevent the making of such excavations as

may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavation shall apply to the City Engineer for such a permit on the first working day after such work is commenced. Prior Code 27. 3. 5. 1)

Section 17. 52. 270 Monument Protection and Restoration

Any monument set for the purpose of locating or preserving the lines of any street or

property subdivision, or a survey reference point, or a permanent survey benchmark, shall not be removed or disturbed without first obtaining written permission from the City Engineer. Permission to remove or disturb such monuments, reference points or benchmarks shall only be granted upon condition that the person applying for such permission shall pay all expenses and costs incident to the proper replacement thereof. Prior Code 27. 3. 5. 2)

Section 17. 52. 280 Inspections - Rules and Regulations

The City Engineer shall cause such inspections as are necessary in the enforcement of

this chapter to be made, and shall have the authority to promulgate and cause to be enforced such rules and regulations as may be necessary to carry out the intent of this chapter. Prior Code 27. 3. 5. 3)

Section 17. 52. 290 Substructure Maps Required

Every person owning, using, controlling or having an interest in substructures under the

surface of any public place shall keep on file appropriate plans and as- built drawings to show locations of such facilities. Prior Code 27. 3. 5. 4)

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Chapter 17. 56

Grading and Erosion Control

Sections:

17. 56. 010 Purpose
18. 56. 020 Scope
19. 56. 030 Interpretation
20. 56. 040 Definitions
21. 56. 050 Hazards
22. 56. 060 Permit Requirements
23. 56. 070 Permit Application, Plans, Specification and Reports Required
24. 56. 080 Denial of Permit
25. 56. 090 Permit Issuance
26. 56. 100 Permit Authorization
27. 56. 110 Other Permit Requirements
28. 56. 120 Limitations
29. 56. 130 Conditions of Approval
30. 56. 140 Liability
31. 56. 150 Protection of Utilities
32. 56. 160 Protection of Adjacent Property
33. 56. 170 Maintenance of Protective Devices
34. 56. 180 General and Minor Grading Requirements During Construction
35. 56. 190 Engineered Grading Requirements During Construction
36. 56. 200 Notification of Completion
37. 56. 210 Safety Precautions
38. 56. 220 Responsibility for Compliance with Plans and Requirements
39. 56. 230 Plan Checking Fees
40. 56. 240 Review of Geotechnical Reports Fee
41. 56. 250 Grading Permit Fee
42. 56. 260 Guarantees
43. 56. 270 Erosion Control Security
44. 56. 280 Design Standards - Cuts and Excavations
45. 56. 290 Design Standards - Fill
46. 56. 300 Design Standards - Cut- and- Fill Setbacks
47. 56. 310 Design Standards - Drainage and Terraces
48. 56. 320 Design Standards - Terraces
49. 56. 330 Design Standards - Runoff, Erosion and Sediment Control
50. 56. 340 Depositing Materials upon Public or Private Property
51. 56. 350 Refunds
52. 56. 360 Hours of Operation
53. 56. 370 Replacement of Engineers
54. 56. 380 Prohibitions
55. 56. 390 Violation - Penalty

Section 17. 56. 010 Purpose

The purpose of this chapter is to safeguard life, limb, health, property, water quality,

safety and the public welfare, and to implement applicable elements of the Vista General Plan

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by regulating and controlling land disturbance activity and minimizing erosion on public and private property. Prior Code 9- 2. 01. 01; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 020 Scope

A. This chapter sets forth rules, regulations and minimum standards to control land disturbance activity, erosion and sedimentation; requires control of all existing and potential conditions of accelerated erosion, increased discharge and pollutant discharge; establishes administrative procedures for issuance of permits; and provides for approval of plans and inspections during construction and maintenance. B. The provisions of this chapter shall apply to all land disturbance activity on public and private property within the City, and shall be in addition to the applicable zoning district regulations and other applicable codes, regulations and permits. Prior Code 9- 2. 01. 02; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced 4/ 8/ 08)

Section 17. 56. 030 Interpretation

A. In their interpretation and application, the provisions of this chapter shall be held

to be minimum requirements, except where they are expressly stated to be maximum requirements. It is not intended to impair or interfere with any private restrictions placed upon covenant or deed; provided, however, that where this chapter imposes higherproperty by standards or a greater action upon the development of land than are imposed or required by such private restrictions, the provisions of this chapter shall govern. B. Whenever any provision of this chapter and any other provisions of law, whether set forth in this chapter or in any other law, ordinance or resolution, impose overlapping or contradicting regulations over the development of land, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards

or requirements shall govern. Prior Code 9- 2. 01. 03; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 040 Definitions

For the purpose of this chapter, certain terms used in this chapter are defined as set

forth in this section:

Accelerated erosion" means the rapid erosion caused by land development activities which the surface of the land is worn away. Erosionthat exceeds the natural processes by includes the movement or loss of soil by the action of water, wind or chemical action. Evidence of accelerated erosion includes exposed soils, active gullies, rills, sediment deposits or slope failures caused by human activities. Access and building envelope" means a delineated area within which all land disturbance activity for construction of access or building will be confined. Applicant" means any person, corporation, partnership, association of any type, public agency or any other legal entity who submits an application for a permit pursuant to this chapter. Approval" means that the proposed work or completed work conforms to this chapter, in the opinion of the City Engineer.

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As built" means the approved surface conditions and facilities extant upon completion of the grading/ construction improvements in conformance with an approved set of plans. Authorized enforcement staff" means any City employee supervised by an authorized enforcement official, assigned to duties involving permits and other City approvals, inspections, and enforcement related to this chapter. Authorized enforcement official" means the City Manager, or his/ her designee who is responsible for enforcing the provisions of this chapter. Bedrock" means in- place, solid rock. Bench" means a relatively level step excavated into earth material on which fill is to be placed. Best Management Practices ( BMPs)" is as defined in Chapter 13. 18 of this code. Borrow" means earth material acquired from an off site location for use in grading on a site. Building Official" means the applicant as defined by Section 203B of the California Building Code, or a duly authorized representative. Building permit" means a permit issued by the City, which authorizes the permittee to construct, erect or alter a structure( s) or building(s) on a specified site. or " certification" means a signed and stamped written engineering or Certify" geological opinion concerning the progress and completion of the work, that the specific inspections and tests required have been performed, and that such tests comply with the applicable requirements of this chapter and other applicable codes and regulations. City" means the City of Vista. City Engineer" means the City Engineer of the City of Vista acting, either directly or through properly authorized agents, within the scope of the particular duties delegated to that person. Civil Engineer" means a professional engineer registered in the State of California to practice in the field of Civil Engineering. Civil Engineering" means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials to the evaluation, design and

construction of civil works. Clearing" is the removal of vegetation and debris down to bare soil by any method. Compaction" means the densification of a soil or rock fill by mechanical or other acceptable procedures. Competent material" means earth material capable of withstanding the loads which are to be imposed upon it without failure or detrimental settlement, as certified by the permittee. Contour rounding" means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation, to eliminate the artificial appearance of manufactured slopes. Critical Coarse Sediment Yield Area" means a geologic land unit with coarse- grained geological material and high relative sediment production, where the sediment produced is critical to the receiving stream ( i. e., a source of bed material to the receiving stream). Development permit" means a permit issued for new land use activities, minor land division, building, grading, land clearing, subdivision, planned unit development and major plan development. Director of Community Development" means the Director of Community Development of the City of Vista acting, either directly or through properly authorized agents, within the scope of the particular duties delegated to that position. Drainage course" means a well defined, natural or man made channel which conveys storm water runoff either year round or intermittently. Earth material" means any rock, natural soil or fill or any combination thereof.

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Engineered grading" means grading consisting of 2, 000 cubic yards or more, or those projects as required by the City Engineer in accordance with Section 17. 56. 070 ( E). Engineering Geologist" means a " Registered Certified Engineering Geologist' who holds a valid registration as a geologist and a valid certification in the specialty under the provisions of Title 16, Professional and Vocational Regulation. Engineering geology" means the application of geologic data and principles to engineering problems dealing with naturally occurring rock and soil, for the purpose of assuring that geologic factors are recognized and adequately interpreted in engineering practice. Erosion" means the wearing away of the ground surface by the actions of water, wind, ice, gravity or a combination thereof. Erosion Control Specialist or Engineer" means a civil engineer or other specialist as specifically approved by the City Engineer who is qualified in hydraulics and hydrology and the preparation of erosion control and grading plans. Erosion hazard" means the susceptibility of a site to erode, based on soils, condition, and steepness of a slope, rock type, vegetation and other site factors. Erosion, sediment and runoff control planning" means the application of the knowledge of erosion and sediment control principles and practice in the investigation and evaluation for use in the design of civil works. Erosion, sediment and runoff control practices" means methods, measures, devices, structures, vegetative plantings or a combination thereof, designed to control erosion and sediment; to safely contain or dispose of storm water runoff; and to stabilize soils and slopes. Excavation" means the mechanical removal of earth materials. Established" or " Establishment" as it refers to ( re-) vegetation shall require a minimum 90 calendar day maintenance period and include removal and replacement of all plants not thriving after this period. Weed and trash removal is considered part of maintenance. The maintenance period may be extended at the direction of the City Engineer or Director of Community Development. Fill" means the deposit of earth materials by artificial means. General grading" means grading involving less than 2, 000 cubic yards that is not defined as minor or engineered grading. Grade" means the vertical location of the ground surface or the degree of rise or descent of a slope. A. " As graded" refers to the final conditions of the site, upon completion of grading improvements in conformance with an approved set of plans.

grade" B. " Existing means the grade prior to any land disturbance activity or

grading. C. " Rough grade" refers to the approved final condition of a grading operation in which the site is in substantial conformance with the approved rough grading plan, and the elevations of all features are within two tenths of a foot from the elevation shown on the

approved rough grading plan. Grading" means any excavation, filling, leveling or combination thereof ( excludes stripping or clearing). A. " Rough grading" refers to mass grading and reshaping of an existing site as typically required to create pads suitable for building but does not address all of the components of precise grading. B. " Rough Grading Plan" means a scaled drawing showing all proposed rough grading in conformance with this ordinance and as required by the City Engineer. C. " Precise grading" or " finish grading" refers to all finish surface grading as shown on the approved plans to the exact location and elevation of features including, but not limited to, slopes, berms, slope rounding, earthen lot drainage swales, localized drainage

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systems, hardscape, flowlines, pad and finish floor, driveways and walkways, top and bottom of wall, top of footings and other precise control points, wall backfill, and associated work as required by this Grading Ordinance and the City Engineer, and with respect to the location of any buildings or other separately permitted facilities. D. " Precise Grading Plan" means a scaled drawing showing all proposed precise grading in conformance with this ordinance and as required by the City Engineer. Key" means a designed, compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope to develop shearing resistance. Land disturbance activity" is as defined in Chapter 13. 18 of this code. Landscape Architect" means a person who practices or offers to practice landscape architecture and who is licensed to do so by the State of California. Landslide" means a downward and outward movement of soil, sand, gravel, rock or a combination thereof, and the conditions resulting therefrom. Major slope" means any constructed slope which is greater than ten feet in vertical height and is steeper than a slope of five feet horizontal to one foot vertical distance, or any constructed slope, regardless of height, exceeding a slope ratio of 5: 1 which is exposed to public view from or across such open areas as roads, canyons, floodplains or similar public

vantage points or open spaces. Major vegetation" means live vegetation consisting of tree growth with a trunk diameter of six inches or greater ( circumference of 18 and eight tenths inches), measured at two feet above natural grade. May" is permissive for compliance. Maximum Extent Practicable ( MEP)" is the technology- based standard established by Congress in Clean Water Act (CWA) section 402( p)( 3)( B)( iii) for storm water that operators of MS4s must meet. Technology- based standards establish the level of pollutant reductions that dischargers must achieve, typically by treatment or by a combination of source control and treatment control BMPs. MEP generally emphasizes pollution prevention and source control BMPs, primarily ( as the first line of defense) in combination with treatment methods serving as a backup ( additional line of defense). MEP considers economics and is generally, but not necessarily, less stringent than Best Available Technology ( BAT) Minor grading" means the proposed grading does not exceed a total of 50 cubic yards moved, does not create a cut or fill slope greater than five feet in height, and will not necessitate the construction of any extensive drainage structures or facilities or interfere with any drainage course. Street improvements, required as a condition of a parcel map or the granting of any other special permit, shall not be included when calculating the total cubic yards of earth moved, when done in accordance with an improvement plan approved by the City Engineer. Minor slope" means any constructed slope not classed as a major slope, with a slope ratio greater than 2: 1. Municipal separate storm sewer system" is as defined in Chapter 13. 18 of this code. MS4" means municipal separate storm sewer system. Natural terrain ( topography)" means the natural contour of a site before man made development or as the same exists prior to the undertaking of any new development or improvement. One hundred year storm" means a predicted storm in intensity and duration that would be exceeded on the average only once every 100 years. Owner" means the person or persons shown in the County Recorder' s Office as owner of property. Permittee" means any person undertaking land disturbance activities upon a site pursuant to a permit granted by the City Engineer. Permittee must be a licensed contractor in the State of California. Pollutant" is the same definition as found in Chapter 13. 18 of the Vista Municipal

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Code. Pre- Project" means conditions prior to the work to be completed as part of the permit for which the applicant is applying. Post- Project" means conditions after the work has been completed as part of the permit for which the applicant is applying. Rainy season" means October 1 st through April 30th. Riparian zone" means the defined limits of all streams, floodwalls, channels or bodies of standing water as determined by the City Planner. Runoff" means the movement of surface water over ground surface. Sediment" means eroded earth material that is carried or deposited by water, wind, gravity or ice, and is a major source of water pollution. Shall" is mandatory. Site" means a parcel of land or contiguous parcels where land disturbance activity, including erosion control, clearing, grading or construction, is performed, permitted or proposed. Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance. Three to one means that for every three feet moved ground surface will rise or horizontally the drop one foot. Slope may also be expressed in percent, degrees, or both, from horizontal. Soil" means all earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment. Soil engineering" means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and/ or testing of the construction thereof. The soils engineer shall have proper laboratory facilities available to perform testing. Soils Engineer" means a registered civil engineer of the State of California, specializing in soil mechanics and foundation engineering, which is a science that deals with the application of the principle of soils mechanics in the investigation and analysis of the

engineering properties of earth material. State General Construction Stormwater Permit" shall be as defined in Chapter 13. 18 of this code. Stop Work Order" means an order issued which requires that specifically identified activity, or all activity, on a site be stopped. Stormwater" means surface runoff and drainage associated with storm events. Stormwater Conveyance System" means private and public drainage facilities other than sanitary sewers within the city by which urban runoff may be conveyed to receiving waters, and includes, but is not limited to, roads, streets, constructed channels, aqueducts, storm drains, pipes, street gutters, inlets to storm drains or pipes, or catch basins. Stormwater Management" shall be as defined in Chapter 13. 18 of this code. Stormwater Pollution Prevention Plan" shall be as defined in Chapter 13. 18 of this

code. Stormwater Quality Management Plan" means a plan that specifies BMPs designed to adequately eliminate, reduce, or mitigate the impacts of runoff from Standard and Priority Development Projects ( PDPs). Stream" means any watercourse, as designated by a solid line or dash and three dots symbol shown on the largest scale of the United States Geological Survey map most recently published. SWPPP" means Stormwater Pollution Prevention Plan. Ten year storm" means a predicted storm in intensity and duration that would be exceeded on the average only once every ten years. Terrace" means a relatively level step constructed in the face of graded slope surface for draining and maintenance purposes.

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Topsoil" means loose, friable, organic and fertile earth materials on top of a soils

profile, usually the " A" horizon. Vacant land" means land on which there are no structures or only structures which are secondary to the use or maintenance of the land itself. Variable slope" means the variation in steepness of a cut and fill slope in either, or a combination of, the horizontal or vertical plane of the slope. Vertical slope rounding" means the rounding of the top and toes of cut- and- fill slopes. Prior Code 9- 02. 01. 04; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2015- 23, Amended and Readopted, 12/ 8/ 15; Ord. No. 2017- 17, Amended, 10/ 24/ 17)

Section 17. 56. 050 Hazards

A. Generally. No person shall cause or allow the persistence of a condition, on any site, that could cause accelerated erosion. Accelerated erosion shall be prevented and/ or controlled by the property owner or his agent, by using measures outlined in this chapter as applicable. Additional measures may be necessary and may be specifically required by the City Engineer when work is on geologically unstable areas, 25 percent or steeper slopes, or on soils with a severe erosion hazard rating by a USDA soil survey. B. Hazardous Conditions. Whenever the City Engineer determines that any existing excavation or embankment, or cut or fill, on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, or causes significant impact on the natural resources of the area, the owner of the property upon which the hazard is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer shall, within the period specified therein, repair or eliminate the hazard and conform with the requirements of this chapter. Erosion hazard problems shall be eliminated and revegetated if necessary no later than of the next rainy season, unless additional time isthe three months before the beginning granted by the City Engineer. No permits of any kind shall be issued if the City Engineer determines that proposed construction work is hazardous to the extent described above, or the work is subject to a major flood hazard dangerous to life or property, and which hazard cannot be eliminated, prevented or corrected. Prior Code 9- 02. 01. 05; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 060 Permit Requirements

Except for the activities described herein below, no person shall do or cause to be done any land disturbance activity within the city until a permit authorizing such work has been issued by the City Engineer to the owner of the property, or the owner' s agent, where authorized in writing to act in behalf of the owner. Note: the excepted activities herein require implementation of stormwater management controls as specified in Chapter 13. 18 of the Municipal Code. A. Emergency Work. Work necessary to preserve life or property, provided, however, that when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the City Engineer within two working days after commencement of the work, and shall thereafter obtain a permit pursuant to Division 2, and perform such work as may be determined by the City Engineer to be reasonably necessary to correct any erosion or conditions with a potential to cause erosion as a result of the emergency work. B. Excavations. An excavation which does not exceed 50 cubic yards, which does not create a cut slope higher than five feet and steeper than two to one ( 2: 1), does not alter a

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drainage course, will not be used for any separately permitted structure, does not occur in a riparian zone, and does not exceed 11, 000 square feet. C. Fill. Only those fills which do not involve reshaping or regrading of a site to finish grade for purpose of development or construction of a structure, which is less than one foot in depth, placed on a natural terrain slope flatter than five feet horizontal to one foot vertical, does not exceed 50 cubic yards on any one site, does not alter or obstruct a drainage course, will not be used for any structure, does not occur in a riparian zone, and does not exceed 11, 000 square feet. D. Basements and Footings. An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any fill, except as provided under Subsection C of this section, made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structures. E. Cemeteries. Cemetery graves. F. Refuse Disposal. Refuse, individual or community sewage disposal sites controlled pursuant to other regulations. G. Wells and Utilities. Excavations for wells, tunnels or utilities. H. Exploratory Investigations. Excavations under the direction of a permittee or engineering geologist, where such excavation is to be returned to the original condition within 45 days after the start of work. I. Government Property. Grading upon property under the control of the United States of America, State of California, the County of San Diego, city government, or local agency, when exempted by federal or state law. J. Agriculture. Clearing, brushing and minor grading for agricultural purposes, provided such operations do not affect the lateral support or increase the stresses in, or pressures on, any contiguous property, or alter the orientation of natural watercourses, which may result in adverse changes on nearby or adjoining property or result in dumping of organic or hazardous waste not regulated by law. This grading includes, but is not limited to, contour grading to provide for orchard planting, minor leveling not exceeding three vertical feet of either excavation or fill for row crops, installation of irrigation systems, and stockpiling of fertilizer or other amendments. K. Permitted mining, etc. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay, being done under a permit issued in accordance with Chapter 15. 16 of this code, provided such operations do not affect the lateral support or increase the stresses in, or pressures upon, any adjacent or contiguous property, or alter the orientation of natural watercourses, which may result in adverse changes on adjoining property. Prior Code 9- 2. 02. 01; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. No. 2017- 17, Amended, 10/ 24/ 17)

Section 17. 56. 070 Permit Application, Plans, Specification and Reports Required

A. Generally. To obtain a permit, the applicant shall first file an application in writing
purpose.on a form furnished by the City for that Prior to issuance of a grading permit, the

applicant shall fulfill all applicable environmental protection requirements. B. Application. The application for a permit must include all of the following items: 1. Application form. 2. At least two sets of the grading plans. 3. Two sets of a completed Checklist for New Development and Redevelopment. 4. Two sets of an approved Stormwater Quality Management Plan ( if applicable).

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5. At least two sets of the soils engineering report, where required.
   6. At least two sets of engineering geology report, where required.
   7. At least two sets of the hydrology and soil loss report, where required.
   8. At least two sets of the work schedule.
   9. Application fees.
   10. A statement of quantities and estimate of cost based on the City' s current

Cost Estimate Unit Price List; giving the estimated total amount of soil moved as cut, shrinkage or swell factor. Also,excavation, fill, remedial, off haul, and borrow including the types of ditches and down drains, the lineal feet and sizes of the various drainage facilities, the amount of rock to be used for riprap or slope protection, a list of the structures such as headwalls and energy dissipaters, the lineal feet of fencing, and any pertinent information useful in determining the extent and value of the proposed work, for bonding purposes. 11. Evidence of submittal of a landscaping and irrigation plan and cost estimate, when required by this chapter or Chapter 18. 56 of this code. 12. At least two sets of improvement plans showing required on site or off site construction, where required. 13. Location of any disposal area for materials exported from the site. This must include two sets of grading plans and any other required reports or exhibit for the disposal/ import site. Source of any material imported to the site, and evidence that a separate permit has been issued for the off site work, or that it is exempted from the requirement. If the grading project includes the movement of earth material to or from the site, in an amount considered substantial by the City Engineer, the permittee shall submit the haul route for review and approval by the engineering department. The City Engineer may require alternate routes or special requirements in consideration of the possible impact on the adjacent community environment or effect on the public right-of-way itself, which the City Engineer shall prescribe as a condition of the grading permit. The haul route shall be approved prior to issuance of a grading permit. The haul route or the following note shall be shown on the grading plan: " This plan is not an approved grading plan without a haul route plan approved by the City Engineer." There shall be no additional fee for the plan check of haul route. 14. Two sets of any supplementary material required by the City Engineer. C. Application Form. The following information is required on the application form: 1. Name, address and telephone number of the applicant, with date of

application. 2. Names, addresses and telephone numbers of any and all contractors, subcontractors or persons actually doing the land- disturbing and land- filling activities, and their respective tasks. 3. Name, address and telephone number of the person responsible for the preparation of the site map and grading plan, erosion and sediment- control plan, soils engineering, and engineering geology reports. 4. Signature of the owners of the site, or of an authorized representative. 5. Name, address and telephone number of a person authorized to take corrective action in the event of any emergency. Contact information shall be effective on a 24- a week basis. The information listed in paragraphs ( 1) through ( 5) ofhour, seven day Subsection C of this section shall be kept current during the lifetime of the permit until the release of final security. D. Grading Plan. The grading plan shall be prepared on standard " D" size ( 24" x 36") sheets with the appropriate signature blocks and formats. The minimum font size shall be 0. 1- inch. The minimum plan- view details shall be one inch = 20 feet. The drawing shall not be crowded and hard to read and shall contain the following information: 1. Existing and proposed topography of the site, taken at a contour interval sufficiently detailed to define the topography over the entire site. 90 percent of the contours

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shall be plotted within one contour interval of the true location. 2. A minimum of two contour intervals that extend a minimum of 50 feet off site shall be shown. Spot elevations and ample topography surrounding the site shall be shown to indicate slopes, drainage courses, conforms, and key features that may be impacted by or cause impact to the grading activity. 3. Site' s property lines, shown in true location with respect to the plan' s topographic information. 4. Location and graphic representation of all existing and proposed natural and man- made drainage facilities including swales and lot drains. 5. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with or as part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drain, and the calculated carrying capacity of such drains. 6. Location and graphic representation of proposed excavations and fills, of on- site storage of soil and other earth material, and of on- site disposal. 7. Location of existing vegetation types and the location and type of vegetation to be left undisturbed. 8. Location of proposed final surface runoff, erosion and sediment control devices. 9. Estimated quantity of soil or earth material, in tons and cubic yards, to be excavated, filled, stored or otherwise utilized on site. 10. Outline of the methods to be used in clearing vegetation and in storing and disposing of the cleared vegetative matter. 11. Proposed sequence and schedule of excavation, filling and other land- and activities, and soil or earth material storage and disposal. The informationdisturbing filling furnished with the application may be general in nature, but a detailed schedule shall be furnished to the City prior to issuing a grading permit. 12. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners, which are within 100 feet of the property or which may be affected by the proposed grading operations. 13. North arrow, written and graphic scales. 14. Location and type of easements within 20 feet of the site boundary, together with the available information on the type and location of facilities they contain. 15. The location of existing and proposed underground utilities, vaults, and other related structures shall include spot elevations at inverts, cleanouts, top of pipe, and at any other key locations as required to clearly indicate the positions of features likely to be impacted by the grading operations. 16. A vicinity map, showing the location of the site in relationship to the surrounding area' s watercourses, water bodies and other geographic features, roads, and other structures. 17. Name, address and telephone number of a person authorized to take corrective action in the event of an emergency, including 24- hour contact information for storm water issues. The information shall be kept current during the lifetime of the permit. 18. Precise grading details or an indication of when separate precise grading plan( s) are intended to be submitted. 19. Any supplementary material required by the City Engineer. E. Types of Grading. Grading plans shall address both rough grading and precise grading activities. The precise grading plan may be incorporated into a rough grading plan or may be submitted by separate grading plan( s) as may suit the individual project subject to the discretion of the City Engineer. Grading plans shall be of the following types:

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1. Engineered Grading.
   a. A civil engineer shall prepare and sign the reports, plans and

specifications required in Subsections C and G of this section and be coordinator and liaison between other professionals, owners, contractors, and the City Engineer, if the land disturbance activity affects 2, 000 cubic yards or more. b. The City Engineer, at his option, may require that subdivisions of more than four lots, planned developments, special use permits, or other projects likely to cause major land disturbance activity be processed as engineered grading. 2. General Grading. a. All grading less than 2, 000 cubic yards and not classified engineered" or " minor' shall be performed under the general supervision and coordination of the civil engineer who prepared the grading plans and shall be designated "general grading." b. For grading of 2, 000 cubic yards or less, the City Engineer may elect to have the grading performed as either engineered grading or minor grading in lieu of general grading, if he determines conditions warrant. C. Soils inspection and testing by a testing agency approved by the City shall be required for general grading. The testing agency' s responsibility shall include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill and the compaction of fills, and the preparation of a final report. 3. Minor Grading. a. Where the proposed grading meets the definition of minor grading, the City Engineer may accept the application therefore, and may grant an exemption to the requirement that a civil engineer prepare the grading plan for such grading in accordance with this chapter. b. Adequate information shall be provided the City Engineer to determine the location and extent of the land disturbance activity contemplated and its effect upon the site. Any request for minor grading may be referred by the City Engineer for processing as general grading, at his discretion. C. Any grading performed pursuant to such permit shall be done under the control of a soils engineer in conformance with the provisions of Section 17. 56. 180 of this chapter. The reconstruction or reshaping or a pre- certified lot or existing native terrain will require a soils report be issued at completion of construction to assure no undocumented fills, compaction of earth berms and swales and slope faces to meet the minimum requirements of this ordinance and that the site is suitable for its intended use. d. A site accepted as minor grading shall have improvements and drainage characteristics that would typically be the case for a site that has had rough grade released based on approved grading plans, is still in substantial conformance with said plans, and meets the current requirements of the City grading and erosion control ordinance. 4. Uncontrolled Stockpile. Applications for grading permits involving uncontrolled stockpiles shall be accompanied by an agreement, in a form approved by the City Attorney, signed by the property owner and accompanied by a guarantee as set forth in Vista Development Code Section 17. 56. 260. The agreement may be executed by the City Engineer, or his designee, and subject to the following conditions: a. The term of the agreement shall not exceed two years or be extended for more than 12 months from the original expiration date of the agreement. b. The amount of security to be deposited shall be based on the estimated cost of grading and stockpiling approved by the City Engineer. C. The grading and stockpiling shall be designated as uncontrolled stockpiling and shall be constructed in accordance with plans approved by the City Engineer. d. The owner acknowledges that, as an uncontrolled stockpile, the site is not suitable for a building permit unless special soils analysis and foundation design are

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submitted. e. The grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. f. And such other provisions as may be required in the opinion of the City Engineer to afford protection to the property and the City. The agreement for uncontrolled stockpiling shall be recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land involved. The notice shall remain in effect until a release of the agreement is filed by the City Engineer. F. Improvement Plan. The improvement plan shall contain all the following information: 1. Site' s property lines, shown in true location with respect to the plan' s topographic information.

2. Location and graphic representation of all existing and proposed natural

and man- made drainage facilities. 3. Detailed plans of all surface and subsurface improvements, together with any intermediate and permanent traffic controls as may be required. 4. Proposed sequence and schedule of construction. 5. Location of any buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on land of adjacent owners, which are within 100 feet of the property or which may be affected by the proposed grading operations. 6. North arrow, written and graphic scales. 7. Location and type of easements within 20 feet of the site boundary, together with the available information on the type and location of facilities they contain. 8. Any supplementary material required by the City Engineer. 9. A vicinity map, showing the location of the site in relationship to the surrounding area' s watercourses, water bodies and other significant geographic features, and roads and other significant structures. 10. Name, address and telephone number of a person authorized to take corrective action in the event of an emergency, including 24- hour contact information for stormwater issues. The information shall be kept current during the lifetime of the permit. G. Required Reports. For all projects which will involve engineered grading, or when otherwise required by the City Engineer, each application for a grading permit shall be accompanied by the following reports, unless specifically waived by the City Engineer: 1. Civil engineering report. The civil engineering report, when required, shall include, but not be limited to: a. The hydrology and hydraulic calculations that serve as the basis for the design of proposed drainage facilities to convey the 100 year storm event without flooding, as the basis for the sizing of BMPs to treat the 24- hour 85th percentile volume or peak flow rate, calculations and analysis to comply with the most recent Stormwater Standards Manual, and any other pertinent calculations. The report shall clearly demonstrate pre- development, during construction, and post- development discharge, velocity, and erosion potential both on- site and off- site which includes calculation of flow rates and duration for the site. Sheet flow and soil loss calculations should be based upon a ten year storm and reflect the Universal Soil Loss Equations and Factors, specific to the area to be graded, developed by the U. S. Soil Conservation Service. Any increases in discharge, velocity, or erosion potential due to project shall be minimized, quantified, justified, and mitigated to the satisfaction of the City Engineer. b. Inspection and approval as to establishment of lines and grades,

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design criteria for corrective measures, including the existing or required safe storm drainage capacity outlet of channels, both on- site and off- site. C. Opinions and recommendations covering adequacy of site to be developed by the proposed grading. d. A description of the measures to prevent sediment and all other contaminants from entering the City' s MS4. 2. Soils and geology engineering report. The soils and geology engineering report, when required, shall contain, but need not be limited to, all the following information: a. Data regarding the nature, distribution, strength and erodibility of existing soils. b. Data regarding the identification of the import soil location and testing of approved soil, nature, distribution, strength and erodibility of soil to be placed on the site, if any. C. Conclusions and recommendations for grading procedures. d. Conclusions and recommended designs for interim soil stabilization devices and measures, and for permanent soil stabilization after construction is

completed. e. Design criteria for corrective measures, when necessary. f. Opinions and recommendations covering adequacy of sites to be developed by the proposed grading. g. An adequate description of the geology of the site. h. Conclusions and recommendations regarding the effect of geologic conditions on the proposed grading. i. Opinions and recommendations coveting the adequacy of sites to be developed by the proposed grading. j. Need for subdrains or other underground drainage devices. k. Evidence of presence or absence of potential Critical Coarse Sediment Yield areas. 3. Erosion and sediment control plan. An erosion and sediment control plan shall indicate proposed measures for the control of runoff, erosion and sediment movement. The erosion and sediment control plan shall include, as a minimum, the measures designed to meet the standards established in this chapter and in Chapter 13. 18 of the Municipal Code. For all projects which will involve engineered grading, or when otherwise required by the City Engineer, the erosion and sediment control plan shall be prepared and signed by a registered civil engineer licensed to practice in the State of California. No land disturbance activity may take place on the site prior to approval by the City Engineer of an erosion and sediment control plan as a component of the approved grading plan. The permittee shall maintain a copy of the approved erosion and sediment control plan in an obvious and accessible location on the site. The plan shall include the following: a. Detailed plans and location of all temporary and permanent structural and nonstructural erosion and sediment control devices and structures. b. A delineation and brief description of the measures and practices to retain sediment on the site. C. A delineation and brief description of the surface runoff and erosion control measures and practices to be implemented. d. A copy of the hydrology and soil loss report contained within the civil engineering report, which provides the calculations for the design of the surface runoff and sediment yield. e. A delineation and brief description of the vegetative practices to be used, including types of seeds and fertilizer, and their application rates, the type, location and extent of preexisting and undisturbed vegetation types, and a schedule for irrigation,

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maintenance and upkeep. A copy of the landscaping and irrigation plan approved by the City Planner shall be furnished. f. The location of all the practices listed above shall be depicted on the grading plan and shall include measures for all surfaces exposed or expected to be exposed during grading activities. g. An itemized estimate of the cost of implementing and maintaining all erosion and sediment control practices throughout the land disturbance activity. 4. Work schedule. The applicant may be required by the City Engineer to submit a master work schedule and updates no less than biweekly through the duration of the grading permit. The schedule shall show the following information in a calendar day format: a. Proposed grading activities. b. A proposed schedule for installation of all interim and permanent

erosion and sediment control measures. C. Proposed phasing of land disturbance activities with permanent and temporary erosion control for the purposes of controlling erosion while minimizing temporary landscaping, limiting area under mass grading without temporary erosion controls, and a proposed schedule for construction of final improvements. d. Key inspections in conformance with section 17. 56. 190 E of this code. e. The date of permit expiration shall be clearly indicated. 5. Incorporation of elements into grading plan. It shall be the responsibility of the civil engineer who prepared the approved grading plan to incorporate all recommendations from the following: a. Civil engineering reports. b. Soil and Geology Engineering Report. C. Erosion and Sediment Control Plan. 6. Notification of noncompliance. If in the course of fulfilling their responsibility under this chapter, the civil engineer, licensed land surveyor, the permittee, the engineering geologist, the erosion control specialist or the testing agency finds that the work is not conformance with this chapter or the approved grading plans, the being done in discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the City Engineer. Recommendations for corrective measures, if necessary, shall be submitted. 7. Transfer of responsibility for approval. If the civil engineer, licensed land surveyor, permittee, engineering geologist, erosion control specialist or testing agency of record is changed during the course of work, the work shall be stopped until the provisions of Section 17. 56. 370 of this chapter have been complied with. 8. Final Reports. Upon completion of the rough grading work and at the final completion of the work, the City Engineer may require the following reports and drawings and supplements thereto:

a. An as- graded grading plan prepared by the civil engineer,

including original ground surface elevations, as- graded ground surface elevation, lot drainage patterns and locations, and elevations of all surface and subsurface drainage facilities, and provide approval that the work was done in accordance with the final approved grading plan. b. A soil grading report prepared by the permittee, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soils engineering investigation report, and provide approval as to the adequacy of the site for the intended use. C. A geologic grading report prepared by the engineering geologist, including a final description of the geology of the site, including any new information disclosed

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during the grading and the effect of same on recommendations incorporated in the approved grading plan, and provide approval as to the adequacy of the site for the intended use. d. An erosion and sediment control report prepared by the erosion and sediment control specialist, including a final description of the erosion, sediment and runoff control practices applied on the site, including any new information disclosed during site development and the effect of same on recommendations incorporated in the approved grading plan, noting any changes required, and provide approval as to the adequacy of erosion and sediment controls. e. The grading contractor shall submit in a form prescribed by the City Engineer a statement of compliance to such as- built plan. f. Final approval shall not be given until all work, including installation of all drainage facilities and protective devices, all erosion and sediment control and vegetative measures, have been completed in accordance with the approved plans, the required reports have been submitted and all fees and penalties are paid in full. Said payments shall specifically include any additional plan checking and inspection fees, and any outstanding stormwater violations and associated penalties pursuant to the Stormwater Quality Management Plan. g. Executed contract or deed restrictions requiring maintenance and upkeep of final plan runoff and erosion control practices for as long as the City Engineer determines necessary and as approved in the erosion and sediment control plan. 9. Final Work Schedule. The applicant must submit a final revision of the master work schedule showing the following information: a. As constructed grading timeline. b. As constructed timeline for the installation of all interim and

permanent erosion and sediment control practices. C. As constructed timeline for construction of final improvements, if any. d. As constructed update to phasing schedule as applicable, including dates intended for obtaining any other separately permitted activities that could affect future site work. e. A certification by the civil engineer of record that all engineered grading, lot drainage and drainage facilities have been completed in substantial conformance with the approved plans and specifications, the permit and this chapter. In making such certification, the civil engineer does not assume responsibility for the correctness of the contents of reports not prepared by him ( e. g. the soil engineer' s and engineering geologist' s reports referred to in this section). H. Waivers. A request for waiver from the provisions of this chapter, the permit conditions or the plan specifications may be approved, conditionally approved or denied by the City Engineer. A request for a waiver must state in writing the provision to be varied, the proposed substitute provision, when it would apply, why it is justified and its advantages. Request and all supporting documentation is to be stamped and signed by a professional engineer. Prior Code 9- 2. 02. 02; Ord. No. 2000- 2, Amended, 06/ 13/ 00; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. 2015- 23, Amended 12/ 8/ 15)

Section 17. 56. 080 Denial of Permit

A. Hazardous Grading. Whenever the City Engineer finds that the work as

proposed by the applicant may endanger any private or public property or interfere with any existing drainage course in such manner as to cause damage to any adjacent property or result in the deposition of debris on any public way or create an unreasonable hazard to persons or

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property, he may refuse to issue a grading permit. If it can be shown to the satisfaction of the City Engineer that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage structures or facilities, or by other means, the City Engineer may issue the grading permit on the condition that such construction work be performed. B. Geological Hazard. If the land area for which grading is proposed is subject to geological hazard, the City Engineer may deny a grading permit or may issue it subject to such conditions as he believes reasonably necessary to eliminate or sufficiently reduce the hazard to persons or property. C. Flood Hazard. If the land area for which grading is proposed is subject to flood hazard as determined by the City Engineer, the plans showing the corrective work proposed to be done must be approved by the City Engineer prior to the issuance of a grading permit. The provisions of Chapter 16.48 of this code shall also apply. D. Site Development Plan, Subdivision or Use Permit. Under the following circumstances a grading permit for engineered grading shall not be issued until a tentative map of the subdivision has been approved or a use permit issued, or a site development plan is

approved: 1. If the purpose of the proposed grading as stated in the application is to prepare the land for subdivision construction in accordance with a site development plan or for some use for which a use permit is required; or 2. Notwithstanding the purpose of the proposed grading as stated in the application, if the City Engineer or the applicant finds that the purpose of the proposed grading is to prepare the land for subdivision or for some use for which a use permit is required. E. General. A permit shall not be issued if any of the following apply: 1. If the submittal is incomplete; 2. If the plan as submitted does not comply with the provisions of this chapter, unless a waiver is granted; 3. If the required security is not posted; or 4. If the application contains false information. Prior Code 9- 2. 02. 03; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 090 Permit Issuance

A. Minor Grading. Upon payment of the fees, submission and approval of reports and plans, and the posting of any required guarantees a grading permit will be issues for minor or precise grading. B. General and Engineered Grading. Upon payment of the fees, submission of required plans and reports and posting of any required guarantees and agreements, the City Engineer shall issue a grading permit on forms provided by the City. C. Separate Permit. A separate permit shall be required for each site and/ or phase of the project. Prior Code 9- 02. 03. 01; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. 2015- 23, Amended 12/ 8/ 15)

Section 17. 56. 100 Permit Authorization

The issuance of a grading permit shall constitute an authorization to do only that work

which is described or illustrated on the application for the permit, or on the grading plans and specifications approved by the City Engineer, and the work shall be done in accordance with any conditions imposed by the City Engineer and in accordance with the requirements of this chapter.

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Prior Code 9- 2. 03. 02; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 110 Other Permit Requirements

Permits issued pursuant to this chapter shall not relieve the owner of the responsibility

for securing required permits for work to be done which is regulated by any other provisions of this code or state or federal statutes, rules, or regulations or municipal ordinances as may be required by other jurisdictional agencies including, but not limited to those of other cities, counties, states, or nations. Prior Code 9- 2. 03. 03; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 120 Limitations

A. The permittee shall complete all of the work required to be done pursuant to the grading permit within 90 calendar days, unless a longer time is specified on the permit, the appropriate additional fees have been paid, and approved by the City. B. If grading and all other work required pursuant to a permit are not completed within the time limit specified in Paragraph A above, no further grading shall be done until the permit has been extended for a period not to exceed 90 days. If a request for extension has not been received by the City Engineer within 15 days after the termination date, the permit shall expire. To renew a permit in substantial conformance with a permit that has expired, there must be a new application and payment of fees based upon the hourly rate and hourly estimate of effort for any additional checking and inspection as approved by the City Engineer. Plans may be revised and/ or rechecked by the City. In the event that either more than six months has elapsed from the date of expiration of the permit or, in the opinion of the City Engineer, substantial changes have been made or are required in the plan or grading concept, the submittal shall be treated as a new application. C. In the event that any of the following have occurred involving an issued grading permit or an application for a grading permit, the permit or application shall be deemed to have expired and be treated in the same manner as an expired permit, with all fees paid being forfeited, unless additional time is granted by the City Engineer. More than 90 calendar days have expired since: 1. The return of check prints to the applicant for additions or corrections. 2. A request of the applicant for additional information. 3. A request of the applicant for the posting of bonds or guarantees. 4. The commencement date as shown on the application or permit, if no date is shown, the date of issuance of the permit. Prior Code 9- 2. 03. 04; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 130 Conditions of Approval

In granting any permit pursuant to this chapter, the City Engineer may impose such

conditions as may be reasonably necessary to prevent a possible creation of a nuisance or unreasonable hazard or the elimination of a nuisance or hazard to persons or to public or private property, and he may modify or add conditions to any valid permit granted pursuant to Chapters 17. 56. 090 through 17. 56.220, when he finds that such modification or addition is reasonably necessary to prevent the possible creation of an unreasonable hazard or the possible elimination of such hazard to persons or to public or private property or the MS4. He

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may also impose such conditions as may be reasonably necessary to ensure that the land disturbance activity shall comply with this chapter, and with any required environmental measures. Prior Code 9- 2. 03. 05; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 140 Liability

Neither the issuance of a permit under the provisions of this chapter, nor the compliance

with the provisions hereof or with any conditions imposed by the City Engineer hereunder, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the City for damage to persons or property. Prior Code 9- 2. 03. 06; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 150 Protection of Utilities

During grading operations, the permittee shall be responsible for the prevention of

damage to any public utilities or services within the limits of grading. Prior Code 9- 02. 03. 07; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 160 Protection of Adjacent Property

Notwithstanding the minimum standards set forth in Chapters 17. 56.090 through

17. 56.220, the permittee is responsible for the prevention of damage to adjacent property, and no person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property, without supporting and protecting such property from settling, cracking or other damage which might result from such excavation. Prior Code 9- 2. 03. 08; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 170 Maintenance of Protective Devices

The owner of any property on which a fill or excavation has been made pursuant to a

permit granted under the provisions of this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, temporary or permanent BMPs pursuant to Chapter 13. 18 of the Municipal Code, or as determined by the City Engineer as additional practices reasonably necessary to uphold the intent of the Stormwater Quality Management Plan, or means and other protective devices and planting shown in the approved plans and specifications, in the as- built plans or as required by the permit. Facilities dedicated and accepted for use by the public and accepted for such use by a public agency are exempt. Prior Code 9- 2. 03. 09; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. 2015- 23, Amended 12/ 8/ 15)

Section 17. 56. 180 General and Minor Grading Requirements during Construction

The following requirements are applicable to general grading or minor grading: A. The City Engineer shall cause the work to be inspected to the extent he deems necessary and shall require inspection of excavations and fills and compaction control by a

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permittee. A project requiring inspection in addition to the review of a typical project either due to rework, unforeseen conditions, or other factors may be subject to additional fees based on an hourly estimate as determined by the City Engineer. 1. Notification. The permittee shall notify the City Engineer 48 hours prior to start of the authorized work and also 48 hours prior to any inspection requested by permittee or permittee' s authorized agent. 2. Right of Entry. The filing of an application for a permit for grading constitutes a grant of permission for the City Engineer to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the erosion control maintenance period. If necessary, the City Engineer shall be supplied with a key or lock combination. B. The City Engineer may require sufficient inspection by the permittee to assure that the permittee has adequately considered all geologic conditions. These inspections may be required to include, but need not be limited to, inspection of cut slopes, canyons during clearing operations for groundwater and earth material conditions, benches prior to placement of fill, and possible spring locations. Where geologic conditions warrant, the City Engineer may require periodic geologic reports. C. Upon completion of the grading, prior to release of any guarantees, two copies of a wet-signed final report of a permittee, certifying the compaction or acceptability of all fills, shall be filed with the City Engineer. The reports shall include, but need not be limited to: 1. Inspection of cleared areas and benches prepared to receive fill and

removal of all soil and unsuitable materials. 2. The placement and compaction of fill materials. 3. The bearing capacity of the fill to support structures. 4. The inspection or review of the construction of retaining walls, subdrains, drainage facilities and devices, buttress fills and other similar measures. 5. Excavation for, and backfilling of, retaining walls. 6. Where potentially expansive soils are present at either cut or fill grade written recommendations regarding treatment given to, or to be given to, such soils, in addition to the recommendations given in the preliminary soils reports. 7. A statement that the project has been graded to a condition suitable for its intended use. 8. Final approval shall not be given until all work, including installation of all drainage facilities and protective devices, all erosion and sediment control and vegetative measures, have been completed and are established in accordance with the approved plans and the required reports have been submitted. 9. Executed contract or deed restrictions requiring maintenance and upkeep of final plan runoff and erosion control practices for as long as the City Engineer determines necessary, and as approved in the erosion and sediment control plan. Prior Code 9- 2. 03. 10; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 190 Engineered Grading Requirements during Construction

A. The Civil Engineer who prepares the approved grading plan shall incorporate all

recommendations from the soils engineering and engineering geology reports in the grading plan. He shall also be responsible for the professional inspection and verification of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and verification as to the establishment of line, grade and drainage of the development area. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as graded plans when required upon completion of the work.

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B. Soils engineering and engineering geology reports shall be required as specified in this chapter. During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted to the civil engineer and the City Engineer. It shall be the responsibility of the civil engineer to revise the plans to reflect any required changes, subject to approval of the City Engineer. C. The permittee' s area of responsibility shall include, but not be limited to, the professional inspection and verification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and buttress fills, where required, incorporating data supplied by the engineering geologist. D. The Engineering Geologist' s area of responsibility shall include, but need not be limited to, professional inspection and verification of the adequacy of natural ground for receiving fills and the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his findings to the soil engineer and the civil engineer for engineering analysis. E. The City Engineer shall inspect the project at various scheduled states of work requiring approval and at more frequent intervals necessary to determine that adequate inspection and testing is being exercised by the professional engineers and that all provisions of the grading plan, and erosion and sediment control plan, are being implemented. 1. Inspections. At a minimum, the following inspections shall be performed: a. Pre- grading inspection and on- site meeting. b. Periodic grading operation progress inspections; excavation and fill; drainage device installation; installation of siltation and erosion control devices; before, during and after any heavy rainfall; and completion of rough grading. C. Final grading inspection to determine compliance with plans and specifications and establishment of planting. 2. Notification. The permittee shall notify the City Engineer 48 hours prior to start of the authorized work and also 48 hours prior to any inspection requested by permittee or permittee' s authorized agent. 3. Right of Entry. The filing of an application for a permit for grading constitutes a grant of permission for the City Engineer to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the erosion control maintenance period. If necessary, the City Engineer shall be supplied with a key or lock combination. F. A notification of noncompliance shall be made to the person in charge of the grading work and to the City Engineer by the civil engineer, licensed land surveyor, the soil engineer, the engineering geologist or the testing agency, if it is found during the course of fulfilling their responsibilities under this chapter, that the work is not being done in conformance with this chapter or the approved grading plans. Such discrepancies shall be reported immediately in writing and should contain recommendations for corrective measures, if necessary. G. When a notification of noncompliance is received by the City Engineer or when inspection by the City Engineer reveals that any grading activities are not in compliance with the provisions of the approved grading or erosion and sediment control plan, or any other provision of this chapter, he may order the work stopped by notice in writing served on any person engaged in the doing or causing of such work to be done. The Permittee shall forthwith stop such work, except work necessary to remedy the violation, until the corrective measures have been completed and until authorized by the City Engineer to proceed. H. Transfers of responsibility for approval shall not be consummated until the provisions of Section 17. 56. 370 of this chapter have been complied with. I. Revisions to approved plans shall be processed in the same manner as the original application and may be subject to additional fees based on an hourly estimate as

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determined by the City Engineer. Exception: The City Engineer, with the concurrence of other concerned agencies, may approve minor amendments which do not in his opinion increase the cubic yardage moved or alter the final land form( s). J. Upon completion of engineered grading work the following reports, drawings and supplements thereto shall be filed with the City Engineer, unless specifically waived by him in writing: 1. A certification by the civil engineer of record that all engineered grading, lot drainage and drainage facilities have been completed in substantial conformance with the approved plans and specifications, the permit and this chapter. In making such certification, the civil engineer does not assume responsibility for the correctness of the contents of reports not prepared by him ( e.g. the soil engineer's and engineering geologist's reports referred to in this section). 2. An as- graded grading plan prepared by the civil engineer, including original ground surface elevations, as- graded ground surface elevations, lot drainage patterns, and locations and elevations of all surface and subsurface drainage facilities, with signed approval on the plan that the work was done in accordance with the final approved grading plan. 3. A soil grading report prepared by the permittee, including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading and their effect on the recommendations made in the soil engineering investigation report. He shall provide certification as to the adequacy of the site for the intended use. geologist, 4. A geologic grading report prepared by the engineering including a final description of the geology of the site, including any new information disclosed during the grading and the effect of same on recommendations incorporated in the approved grading plan. He shall provide certification as to the adequacy of the site for the intended use as affected by geologic factors. 5. An erosion and sediment control report prepared by the erosion and sediment control specialist, including a description of the permanent erosion, sediment and runoff control practices applied on the site, including any new information disclosed during site development and the effect of same on recommendations incorporated in the approved grading plan, noting any changes required, and provide approval as to the adequacy of erosion and sediment controls. 6. Final approval shall not be given until all work, including installation of all drainage facilities and protective devices, all erosion and sediment control and vegetative measures, have been completed and are established in accordance with the approved plans and the required reports have been submitted and are deemed acceptable by the City Engineer. 7. Executed contract or deed restrictions requiring maintenance and upkeep of final plan runoff and erosion control practices for as long as the City Engineer determines necessary, and as approved in the erosion and sediment control plan. Prior Code 9- 2. 03. 11; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 200 Notification of Completion

The permittee or his agent shall notify the City Engineer when the various stages ( rough

grading, finish grading and final completion) of the grading operation are ready for inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices and all erosion control measures, including established landscaping and its irrigation system, have been completed in accordance with the final approved grading plan and landscape and irrigation plan, and the required reports have been submitted. Where

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landscape planting for erosion control has been installed, final clearance, i. e., release of security deposits, shall not be granted until the plantings have become established. The establishment of such erosion control plantings shall be certified by a landscape architect, horticulturist or other qualified person and approved by the City Planner. Prior Code 9- 2. 03. 12; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 210 Safety Precautions

A. If at any stage of the work the City Engineer determines that further grading as authorized is likely to endanger any public or private property or result in the deposit of debris on any public way, or interfere with any existing drainage course, the City Engineer may require, as a condition to allowing the work to be continued, that such reasonable safety precautions be taken as he considers advisable to avoid such likelihood of danger. B. In the event the work does not conform to the permit or the plans and specifications or any instructions of the City Engineer, the permittee or his contractor, after receipt of written notice to comply from the City Engineer, shall begin to make corrections. Any notice to comply under this section shall give the permittee or his contractor a reasonable period of time, not to exceed five days, to begin to make the corrections, unless an imminent hazard exists, in which case the City Engineer may require that corrective work begin immediately. Failure to comply within the specified period of time shall be cause for immediate issuance of a stop work notice, the initiation of action to revoke the permit additional fees, and cause forfeiture of security in accordance with this chapter. Note: A stop work does not extend the duration of the grading permit. C. If the City Engineer finds any existing conditions not as stated in the application, grading permit or approved plans, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions. Prior Code 9- 2. 03. 13; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 220 Responsibility for Compliance with Plans and Requirements

A. All permits issued under the provisions of this chapter shall be presumed to

include the provision that the permittee, his agent, contractors and employees, shall carry out the proposed work in accordance with the approved plans and specifications, and in compliance with all the requirements of the permit and this chapter. B. Notwithstanding the required submittal of statements and review of documents by design professionals, the permittee shall bear full responsibility for conformance to the approved plans and grading permit. Prior Code 9- 2. 03. 14; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 230 Plan Checking Fees

A. Before accepting a set of plans and specifications for checking, the City Engineer shall collect a plan checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. There shall be no separate charge for standard terrace drains and similar facilities. The amount of plan checking fee for grading plans shall be as set forth by City Council resolution. B. The plan checking fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between such fee paid for the original permit and the

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fee shown for the entire project. Prior Code 9- 2. 04. 01; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 240 Review of Geotechnical Reports Fee

Before accepting a geotechnical report for review, the City Engineer shall collect a report

review fee. A separate fee will be charged for each individual report submitted for review. The amount of the report review fee shall be as set forth by City Council resolution. Prior Code 9- 2. 04. 02; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 250 Grading Permit Fee

A. A fee for each grading permit shall be paid to the City Engineer as set forth by

resolution of the City Council. B. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee shown for the entire project. Prior Code 9- 2. 04. 03; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 260 Guarantees

A. A permit shall not be issued unless: 1. The permittee posts with the City Engineer a bond, in a form prescribed by the City Attorney, executed by the owner and a corporate surety authorized to do business in California, as a surety in an amount to cover the cost of the project, including the construction of drainage and protective devices and any corrective work necessary to remove and eliminate engineering and geological hazards. 2. The permittee executes an agreement, in a form approved by the City Attorney, to perform the grading according to the plans and specifications and subject to the approval of the City Engineer. The City Engineer, or his designee, may execute the agreement on behalf of the City subject to the following conditions: a. The term of the agreement shall not exceed two years nor be extended for no more than 12 months from the original expiration date of the agreement. b. The amount of the security to be deposited shall be based on the estimated cost for grading as approved by the City Engineer. C. The grading shall be constructed in accordance with plans approved by the City Engineer. d. The grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto. 3. In lieu of a surety bond, the applicant may provide a deposit by cash or check, irrevocable instrument of credit or letter of credit from one or more responsible financial institutions regulated by federal or state government and pledging that the funds are available and guaranteed for payment on demand by the City. The form of the instrument of credit or letter of credit shall be approved by the City Attorney. 4. The City Engineer may reduce the amount of the bond to the extent that he determines that the hazard or danger created by the work does not justify the full amount. 5. No bond shall be required when the City Engineer determines the

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proposed grading will not adversely affect the subject property or adjacent property or existing or proposed structures thereon, and will not create, cause or precipitate a geological, flood, drainage, erosion, siltation, or other adverse environmental impact, if for any reason, the proposed project or grading is not completed. 6. On development where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing bond or single instrument of credit may be provided which will cover all such projects; the amount thereon shall be determined by the City Engineer. B. Every bond shall require that the permittee shall: 1. Comply with all the provisions of this Code or other applicable laws and ordinances. 2. Comply with all the terms and conditions of the permit for excavation or fill to the satisfaction of the City Engineer. 3. Complete all of the work contemplated under the permit within the time limit specified in the permit or complete the work to a safe condition satisfactory to the City Engineer. The City Engineer may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety of the bond, instrument of credit, letter of credit or deposit. C. The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the City Engineer. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the City Engineer may order the work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the governing agency in causing any and all such required work to be done. In the case of a cash deposit, said deposit, or any unused portion thereof, shall be refunded to the permittee. D. Whenever the City Engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this chapter, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the City Engineer the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys, the City Engineer shall cause the required work to be performed and completed using public or private forces, at his option. E. A substitute bond or letter of credit accompanied by a new agreement may be filed in lieu of any bond or letter of credit and agreement mentioned in Subsections A through D of this section, and the City Engineer, or his designee, may accept and execute such bonds or letters of credit and agreements if it is suitable to ensure completion of the work remaining to be performed, and in proper form and substance, and the bond or letter of credit and agreement for which it is substituted may be exonerated if the City Engineer finds that the condition of such bond or letter of credit and agreement for which a substitute has been filed have been satisfied and that no default exists as to the performance upon which the bond or letter of credit and agreement is conditioned. F. The City Engineer shall require that up to ten percent of any bond be submitted in cash, in a form immediately available to the City and satisfactory to the City Engineer. The minimum amount of such deposit shall be $ 1, 000. The cash deposit may be utilized by the City to ensure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed or for corrective measures, either on- site or off-site, that are necessary, in the

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opinion of the City Engineer. Prior Code 9- 1. 05. 01; Ord. No. 2000- 2, Amended, 06/ 13/ 00; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 270 Erosion Control Security

A. Requirement for Security. The permittee shall:
1. Execute and deliver to the City Engineer erosion control security

agreement and post with the City Engineer erosion control security following approval of a Stormwater Quality Management Plan and prior to the issuance of any grading permit if the scheduled date for completion of any grading is during the rainy season ( as defined in this chapter) or the subject grading period extends through said season. Such agreement shall be in the form approved by the City Attorney. 2. The City Engineer, or his designee, may execute the erosion control security agreement subject to the following conditions: a. The term of the agreement shall not exceed two years or be extended for more than 12 months from the original expiration date of the agreement. b. The amount of the security to be deposited shall be based on the estimated cost of erosion control approved by the City Engineer. C. The erosion control measures shall be constructed in accordance with plans approved by the City Engineer. d. The erosion control measures shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his with respect thereto. In those instancessuccessors in interest, who shall hold the City harmless where a scheduled completion date is to be extended into or through the rainy season, the subject agreement shall be signed and the security posted prior to the granting of any such extension. 3. The security shall be furnished to the City Engineer and shall guarantee the following: a. Compliance with all erosion control standards of this chapter, Chapter 13. 18, Stormwater Standards Manual Section F, and all other related laws and

ordinances. b. Compliance with any and all terms and conditions of permittee' s erosion control plan as approved by the City Engineer. C. Completion to the satisfaction of the City Engineer of the erosion control system, in accordance with the erosion control plan as approved by the City Engineer. d. Completion to the satisfaction of the City Engineer of all emergency and routine maintenance or where such work is required as a result of erosion from permittee' s project. B. Amount and Form of Security. The amount of the security shall be equal to 100 percent of the total estimated cost of the erosion control system. The permittee' s estimate of such cost shall be subject to the review and approval of the City Engineer. At least 25 percent of the required security shall be in cash and shall be deposited with the City Engineer. The remainder of the required security shall be one of the following, at the sole discretion of, and subject to the approval of, the City Engineer, and in a form approved by the City Attorney: 1. A bond or bonds by one or more corporate sureties authorized to conduct business in the State of California as sureties. 2. A deposit either with the City or a responsible escrow agent or trust company, at the option of the City, of money or negotiable bonds of the kind approved for securing deposits of public moneys. 3. A letter of credit from one or more financial institutions subject to

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regulation by the state or federal government. C. Failure to Provide Security. If a permittee fails to provide the security required by this Section, the City Engineer shall revoke the permittee' s grading permit without prior notice to permittee. Any such revocation shall be in writing. Any grading permit revoked pursuant to this authority shall not be renewed until the required security has been provided. D. Utilization of Cash Deposit. The City Engineer may cause certain erosion control work to be done either by public or private forces under any of the following circumstances, at the City Engineer' s option: 1. Failure of the permittee to commence emergency repair or maintenance work within 12 hours of receipt of a demand therefore from the City Engineer, or within 12 hours of the City Engineer' s attempt to communicate such demand therefore from the City Engineer, or within 12 hours of the City Engineer's attempt to communicate such demand via the telephone to a person designated for receipt of emergency telephone calls by the applicant. For purposes of this section, an emergency means the existence of conditions whereby the failure to expeditiously commence and complete maintenance repairs of an erosion control system or other type of BMP that may reasonably be expected to cause imminent damage to adjacent or downstream private or public property, as a result of erosion on the permittee' s property. 2. Failure of the permittee to commence other repair or maintenance work within five days or other time period specified by the City Engineer of receipt of a demand therefore from the City Engineer. 3. Failure of the permittee to diligently pursue completion of any required repair or maintenance work or to complete such work within such reasonable time period as may be established by the City Engineer. 4. Failure of the permittee, after notice from the City Engineer, to clean up or repair public streets or other public property where the debris or materials to be cleaned up or the damage to the property is a result of erosion from the permittee' s project. E. Permittee Liable for Costs. The permittee shall be liable to the City for the cost of any work caused to be done by the City Engineer under the provisions of this section. The City Engineer may withdraw from the permittee' s cash deposit any funds necessary to pay for such work. If the cost of such work exceeds the balance of permittee' s funds on deposit, the City Engineer shall cause an invoice to be sent to the permittee, demanding payment of that amount by which the cost of the work exceeds the permittee' s deposit. If the permittee fails to pay such amount in full within 30 days from the date of the invoice, the permittee' s grading permit shall be automatically revoked. Renewal of the grading permit shall not be permitted until the invoice is paid in full. F. Restoration of Cash Deposit Balance. The City Engineer shall notify the permittee of any withdrawal from the permittee' s cash deposit. The permittee shall, within ten days of the receipt of such notice, deposit with the City Engineer that amount of cash necessary to bring the permittee' s deposit up to its original balance. If the permittee fails to deposit the necessary amount within such time period, the permittee' s grading permit shall automatically be revoked. Renewal of the grading permit shall not be permitted until the necessary deposit is made. G. Satisfaction of Monetary Obligations to City a Prerequisite to Further Action. No final grading inspection shall be permitted until the permittee has fully satisfied all monetary obligations to the City imposed pursuant to the provisions of this section. Additionally, no further construction permits, including, but not limited to, building permits, shall be issued and no occupancy of any building or structure shall be permitted until such obligations are fully satisfied. H. Release of Security. On May 1st of each year or upon the end of the rainy season, whichever occurs later in time, the City Engineer may release any security posted or deposited pursuant to this section, upon receipt of a written request for such release by the

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permittee. The City Engineer shall be responsible for determining the end of the rainy season if it occurs after April 30th. He shall base this determination on available meteorological information. The City Engineer shall not release a permittee' s security if the permittee has an outstanding monetary obligation to the City incurred pursuant to the provisions of Subsection D of this section or if cleanup or repair of public streets or other public property for which the permittee is responsible has not been completed to the satisfaction of the City Engineer. Prior Code 9- 2. 05. 02; Ord. No. 2000- 2, Amended, 06/ 13/ 00; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. 2015- 23, Amended 12/ 8/ 15)

Section 17. 56. 280 Design Standards - Cuts and Excavations

A. General. Unless otherwise recommended in the soils engineering and engineering geology reports, or both, and approved by the City Engineer, cuts and excavations shall conform to the provisions of this section. Exception: In the absence of an approved soils engineering report, these provisions may be waived by the City Engineer for minor cuts not intended to support structures. B. Degree of Slope. The degree of slope of cut surfaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical 2: 1), nor shall such slope exceed 20 feet in vertical height without a terrace break unless excepted therefrom by the following conditions: 1. The project applicant ( property owner) provides a soil engineer's report and/ or an engineering geologist' s report stating that the project site has been investigated and specifically recommends that a cut slope at a steeper angle will be stable and not create a hazard to public or private property, or environmental considerations dictate otherwise; and 2. The City Engineer approves such recommendation. The City Engineer may require specific recommendations from the permittee and/or engineering geologist to support any such recommended deviations; and approve the recommendation as submitted, approve the recommendation subject to specified conditions, or deny the recommendation. C. Rounding of Slopes. Cut slopes shall be rounded off so as to blend with the natural terrain. D. Building Setback. Building setbacks from the top or toe of any cut slope shall not be less than ten feet unless specifically exempted therefrom by the City Engineer and the California Building Code. In no case shall a building setback of less than five feet be granted. E. Stockpiles. Stockpiling of material from trenches and pits will be placed upslope of the excavation, to be promptly backfilled and compacted into trenches and pits. Excavated material not needed at the site shall be removed and disposed of as approved by the City Engineer. F. Vegetative Protection. All earth cut slopes shall be planted or otherwise protected from storm runoff erosion within 30 days of the completion of final erosion control and grading work. Planting shall be irrigated to establish a root system before the rainy season, if determined necessary by the City Engineer. Prior Code 9- 2. 06. 01; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 290 Design Standards - Fill

A. General. Unless otherwise recommended in the soils engineering or engineering geology reports, or both, and approved by the City Engineer, fill shall conform to the provisions of this section. B. Fill Location. Fill shall not be constructed ( placed) on natural slopes with an angle steeper than 2: 1, unless the Civil Engineer devises a method of placement which will

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ensure that the fill will remain in place. The toe of the fill shall be no closer than twelve feet horizontally to the top of an existing or planned cut slope. The area beyond the toe of the fill shall be sloped for sheet overflow or a protected drain shall be provided. C. Fill Slopes. Unless otherwise recommended in the soils engineering and/ or engineering geology reports, or both, and approved by the City Engineer, fill slopes shall conform to the provisions of this section. Exception: In the absence of an approved soils engineering report or proxy reports as specifically approved by the City Engineer, these provisions may be waived or modified by the City Engineer. D. Degree of Slope. The degree of slope of fill surfaces shall be no steeper than is safe for the intended use, but in no case shall it be steeper than two horizontal to one vertical 2: 1), and in the case of projects other than single-family dwellings proposed for a site adjacent to property zoned and developed for single- family residential use, the slope of the fill adjacent to such property shall be no steeper than three horizontal to one vertical ( 3: 1), nor shall such slope exceed 20 feet in vertical height without a terrace break, unless excepted therefrom by the following conditions: 1. The project applicant ( property owner) provides a soil engineer's report and/ or an engineering geologist' s report stating that the project site has been investigated and specifically recommends that a fill slope at a steeper angle will be stable and not create a hazard to public or private property, or environmental considerations dictate otherwise; and approves such recommendation. 2. The City Engineer The City Engineer may require specific recommendation from the permittee and/ or engineering geologist to support any such recommended deviations; and approve the recommendation as submitted, approve the recommendation subject to specified conditions, or deny the recommendation. E. Rounding of Slopes. Fill slopes shall be rounded off so as to blend with the natural terrain. F. Building Setback. Building setbacks from the top or toe of any fill slope shall not be less than ten feet unless specifically exempted by the City Engineer and the California Building Code. In no case shall a reduction in a building setback of less than five feet be granted. G. Ground Preparation. 1. Natural ground surface over which fills are planned shall first be cleaned of all trash, vegetation, stumps, debris, noncomplying fill, topsoil and other unsuitable materials, and shall be scarified prior to the placement of the fill. Where slopes are steeper than 5: 1, a key not less than ten feet in width shall be dug, as determined by the permittee, into undisturbed, solid, competent soil or bedrock beneath the toe of the proposed fill slope. 2. Where fill is to be placed over a cut, the bench under the toe of fill shall be not less than ten feet in width and the cut must be made prior to placement of the fill. Such shall be accepted by the soil engineer and/ or engineering geologist as suitable foundation for fill. H. Permitted Materials. Only material free from tree stumps, detrimental amounts of organic matter, trash, garbage, sod, peat and similar matter shall be permitted. Rocks larger than six inches in greatest dimension shall not be used unless the method of placement is properly devised, continuously inspected and supervised by the City Engineer. In addition, the following shall also apply: 1. Rocks sized greater than six inches in greatest dimension shall be ten feet or more below grade, measured vertically, or as recommended by the permittee or engineering geologist. 2. Rocks shall be placed so as to assure filling of all voids with fine. 3. Topsoil shall be used in the top 12 inch surface layer outside proposed building footprints or paved areas to aid in planting and landscaping.

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I. Compaction. All fill shall be compacted to a minimum of 90 percent of maximum

density, as determined by the latest adopted ASTM standard test method for laboratory compaction characteristics of soil using modified effort, and must be submitted for any fill 12 inches or more in depth, where such fill may support the foundation for a structure. A higher relative dry density or additional compaction test, or both, may be required at any time by the City Engineer. J. Vegetative Protection. All earth fill slopes shall be planted or otherwise protected from storm runoff erosion within 30 days of the completion of final erosion control and grading work. shall be irrigated to establish a root system before the rainy season, if Planting determined necessary by the City Engineer. Prior Code 9- 2. 06. 02; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 300 Design Standards - Cut- and- Fill Setbacks

A. General. Unless otherwise recommended in the approved soils engineering or engineering geology report, or both, and shown on the approved grading plan, setbacks shall conform to this section and be no less than three feet. B. Minimum Property Setback. The tops and toes of cut and filled slopes shall be set back from property boundaries and structures as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff by flooding, erosion or sediment deposition. C. Stream and Riparian Setback. In areas designated as open space, topsoil, and toes of cut or fill slopes shall be set back far enough to prevent encroachment of open streams or floodways or channels or permanent bodies of water to provide and maintain an undisturbed protective strip between the grading and the stream or riparian corridor. D. Retaining Walls. Retaining walls when keyed into stable foundations and capable of sustaining the design loads may be used to reduce the required cut and fill setbacks, when recommended by the civil engineer or permittee or engineering geologist and approved by the City Engineer and applicant. E. Other Restrictions or Minimums. Other requirements may also be increased or relaxed upon review by the City Engineer, if he finds the deviations consistent with safety and stability and to provide access for slope maintenance and drainage. Prior Code 9- 2. 06. 03; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 310 Design Standards - Drainage and Terraces

A. General. Drainage facilities shall conform to the provisions of this section unless

otherwise indicated on the approved permit and plans. To the greatest extent possible, peak storm drainage runoff and sediment rates may not exceed predevelopment rates. If rates are substantially greater than predevelopment rates, a prorated share of the cost of off- site erosion, sediment and flood control improvements to the principal drainage way may be required to handle the runoff or peak discharges. B. Runoff Calculations. The approved plans shall show by table or calculations, or both, the peak rate of storm runoff both before and after development. To reduce runoff and sediment, a combination of storage and controlled release of storm water runoff may be required. C. Drainage Facilities. 1. Disturbance of drainage ways shall comply with all applicable state and

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federal laws and regulations and shall be kept to a minimum. Existing drainage courses shall not be obstructed or obliterated without installing mitigating measures that have been approved by the City Engineer and all other jurisdictional agencies. streams, unless 2. Grading equipment shall not disturb or cross flowing absolutely necessary, and only with prior approval from the City Engineer. 3. Whenever a grading operation obstructs or impairs the flow of runoff in an existing drainage course, a culvert, bridge or other suitable drainage facility designed and acceptable to the City Engineer shall be installed to convey the flow past the point of impairment. No construction materials or construction by- products shall be discarded in any drainage way or riparian zone. 4. Drainage facilities shall be culverts, pipe drains, paved, rock or vegetative channels designed to safely carry existing and potential off-site runoff from a fully developed area upstream, as well as local on- site surface and subsurface waters, to the nearest adequate drainage course designated for such purposes by the City Engineer or other appropriate jurisdiction, or both, as a safe place to discharge such waters. Properly designed energy dissipaters are required at the point of discharge. 5. Culvert size and industry standard materials shall be used in accordance with City standard design criteria and as approved by the City Engineer. Minimum diameter shall be 12 inches. 6. Plan shall show plan and profile of drainage improvements to include, but not be limited to: invert, slope, length, material, size, type, hydraulic grade line, downstream capacity, inlet capacity, lining, and special construction notes. 7. Berms, ditches, interceptor drains or swales shall be constructed at the top of cut- and- filled slopes for protection against water runoff. Interceptor drains above cut slopes with a minimum drainage area of 14, 500 square feet ( one- third acre) or more shall be

paved with reinforced concrete or an approved equally non- erodible material a minimum of three inches thick, 12 inches deep and 30 inches wide and shall discharge into down- drains. Energy dissipater may be required by the City Engineer. 8. At least a two percent or greater grade shall be provided toward approved storm facilities, either existing or planned, from all building pads, yards, roof drains, driveways and similar construction. Earthen lot drainage swales less than two percent shall maintain a minimum slope of one percent or greater toward yard drains. Design shall clearly show that yard drain failure cannot cause ponding more than one foot deep. 9. Where feasible, all runoff in excess of predevelopment levels shall be retained on- site. Where on- site retention is not feasible, all runoff should be detained with detention basins or other runoff collection devices and released in a controlled fashion over non- erodible surfaces, so that the runoff rate does not exceed the predevelopment level. 10. Where concentrated runoff will occur, it shall be carried in pipe or culvert conduits or over a non- erodible surface ( paved, rocked or vegetated), with discharge points clearly shown on the development plans. Where runoff will be discharged to natural ground or channels, appropriate energy dissipaters shall be installed to prevent erosion at the point of discharge. Prior Code 9- 2. 06. 04; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 320 Design Standards - Terraces

A. Terraces not less than six feet in width shall be established at not more than 20

feet vertical intervals. For cut or fill slopes greater than 60 feet, and up to 120 feet in vertical height, one terrace at approximately mid- height shall be not less than 12 feet in width. Terrace widths and spacing for cut or fill slopes greater than 120 feet in vertical height shall be designed

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by a civil engineer and approved by the City Engineer. Suitable access shall be provided to permit proper grading and maintenance of these terraces. Where only one terrace is required, it shall be at mid- height. Exceptions: Variations from the provisions of this subsection may be granted in the same manner and in accordance with the provisions for the granting of exemptions outlined in Subsections B and D of Section 17. 56. 280. B. Swales or interceptor pipes or drains, ditches on terraces and on the top of cut slopes shall be designed to carry water and sediment to safe disposal structures and areas; shall have a minimum gradient of two percent; must be paved with reinforced concrete or an approved equally erosion- resistant material not less than three inches in thickness; and shall not be less than one foot in depth and five feet in width. A maintenance plan shall be required by the City Engineer. C. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 14, 500 square feet (one-third acre, projected) without discharging into a down- drain. Prior Code 9- 2. 06. 05; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 330 Design Standards - Runoff, Erosion and Sediment Control

A. Project Design.
1. Design the project to fit the site and to minimize grading. Structures on

slopes exceeding 25 percent that would normally require major grading may be required to utilize pole, step or other foundations that do not require major excavations or fill. 2. For many projects, access roads and driveways should not cross slopes greater than 25 percent or require cuts and fills greater than ten feet in height, if alternates are

available. 3. Access and building envelopes or non- buildable areas shall be delineated on the development plans, so as to keep disturbances out of particularly erodible areas. 4. The faces of cut and fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion- resistant character of the materials, such protection may be omitted, upon the recommendation of a permittee or engineering geologist and/ or with the approval of the City Engineer. 5. Exposed soils and slopes shall be protected to the MEP standard from erosion by temporary and permanent BMP measures consistent with the Stormwater Standards Manual. Soil sterilants that last longer than four weeks shall not be used on soils or slopes which may subsequently need vegetation for erosion and sediment control. As soon as feasible following completion of each stage of grading and/or construction, all sites shall be permanently stabilized by installing all required erosion and sediment control practices to ensure protection before the normal beginning of the rainy season. Thus, all erosion control measures specified in this chapter and in the approved erosion control plan shall be in place and maintained at all times. 6. All streams, floodways, channels, bodies of standing water or other riparian areas shall be identified and delineated on the development plans, and vegetative removal, land disturbance activities or other development activities, shall be conducted at a time and in a manner that will provide and maintain an undisturbed vegetative filter strip. If it is determined that certain development activities in or near riparian zones would be detrimental, those activities may be prohibited. 7. Potential Critical Course Sediment Yield Areas shall be evaluated and delineated prior to commencement of grading activities. 8. The grading and erosion and sediment control plans shall set forth a

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schedule for the construction and ongoing maintenance of any required erosion and sediment control structures.

B. Erosion and Sediment Control.
1. The erosion and sediment control plan shall be prepared and require

predictions of pre- and post- construction surface runoff and sediment yield, and shall contain measures that are adequate to control runoff to the MEP. All projects are required to comply with the Stormwater Standards Manual. 2. Sediment shall be retained on- site. Runoff from disturbed areas, as well as from buildings, driveways and the total site area, shall be detained or filtered by berms, swales, ditches, vegetated filter strips, catch basins or other means, as necessary to prevent the escape of sediment from the site. Sediment control devices ( e. g., debris basins, desilting basins or silt traps) shall be installed prior to, or concurrent with, initial grading operations and shall be maintained throughout the development process. 3. No earth or organic material shall be deposited or placed where it may be directly carried into a stream, marsh slough, lagoon or body of standing water. 4. Maintenance and repair of required sediment or siltation basins, or other permanent BMPs, shall be provided for by the developer. A special bond to ensure adequate maintenance and repair, in an amount to be determined by the City Engineer, may be required. The developer must also submit proof of the mechanism under which ongoing long- term maintenance of all structural BMPs will be conducted. C. Land Clearing/ Revegetation. 1. Development plans shall indicate the areas where vegetation is to be removed and replaced within the building and access envelopes. Vegetation removal shall be access and construction, as shown on thelimited to that amount necessary for building, approved erosion and sediment control plan. 2. No land clearing shall take place prior to approval of the erosion and sediment control plan. Vegetation removal between October 1st and April 30th shall not precede subsequent grading or construction activities by more than 15 days. 3. All bare slopes and disturbed areas shall be planted to both temporary and permanent vegetation as each stage of grading is completed. Temporary, rapid growing vegetation sufficient to stabilize the soil shall be planted on all disturbed areas, and/ or such areas shall be mulched, while the permanent vegetative cover matures enough to provide

permanent stability. 4. Temporary planting for erosion protection shall be installed at all times season.during the rainy Such protection shall be maintained for at least one rainy season until permanent protection is established. The permanent planting shall be well established prior to release of the performance bond. 5. All disturbed surfaces shall be prepared and maintained to establish native or naturalized permanent vegetative growth compatible with the soils of the area. Permanent planting and irrigation shall be performed in accordance with the specifications contained in the landscaping ordinance. Mulching, fertilizing and an irrigation system shall be utilized to establish the new permanent vegetation. To promote the regrowth of vegetation, the topsoil shall be stockpiled and reapplied upon completion of grading on slopes of less than 25 percent, unless waived by the City Engineer. Soil stockpiles and exposed soil shall be protected against erosion at all times. 6. All cut and fill slopes shall be protected with straw matting or equivalent as approved by the City Engineer until permanent landscaping coverage has been achieved. 7. Hydroseeding slopes shall only be allowed if slopes are to remain without permanent landscaping for 12 months or more and a temporary irrigation system is constructed and implemented.

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D. Rainy Season Operations ( October Ist - April 30th). No grading operations shall be allowed during the rainy season from October 1st through April 30th, unless the contractor has an approved Stormwater Quality Management Plan with erosion and sediment control plans which have been approved by the City Engineer, all approved erosion and sediment control practices and devices have been installed before the onset of the rainy season to protect against either on-site, adjacent property or downstream erosion and sediment damage, and the required security has been posted with the City Engineer. 1. During the rainy season, disturbed surfaces not involved in immediate operations shall be protected by mulching and/ or other effective means of soil protection. Existing ground cover shall not be cleared more than 15 days prior to actual grading or construction work. 2. All temporary erosion control measures shall be in place at the end of each working day. Sufficient erosion control materials ( e. g., mulch, plastic sheeting, gravel bags, biologs, or other BMPs) shall be kept on-site at all times, to be installed immediately by the Permittee upon impending rainfall that might be expected to cause accelerated erosion. For the purpose of this section, " impending rainfall' shall mean a 30 percent chance of precipitation as predicted by National Oceanic and Atmospheric Administration ( NOAA). Emergency workers shall be made available at all times during the rainy season to implement BMPs as necessary. If precipitation is predicted for a weekend day or holiday, all BMPs must be in place and implemented prior to the end of the last working day prior to the weekend or non- working holiday. 3. All erosion and sediment control measures shall be closely inspected and monitored during the rainy season, and problems shall be corrected promptly. The City Engineer shall employ the stop work order and cash bond provisions of this chapter to perform corrective work, if necessary. 4. After each rainstorm, all silt and debris shall be removed from check berms and desilting basins and the basins pumped dry. a. After each rainstorm, the performance of the erosion control system shall be evaluated and revised and repaired as necessary. 5. Land disturbance activity or development operations may be restricted or temporarily halted during the rainy season and/ or other times whenever the City Engineer determines that the weather, soil, slope and general site conditions may cause serious accelerated erosion or sediment damage either on- site or downstream. E. Dust Control. All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected or contained in such a manner as to reduce or minimize nuisance from dust or spillage upon adjoining property or streets. Equipment and materials on the site shall be used in such a manner as to avoid excessive dust. F. Erosion Control Coordination with Project Installation. 1. All vegetative and/ or structural measures, or both, required to retain sediment on- site and to safely discharge any accelerated runoff generated by the project, shall be installed during the first or initial construction phase of the project. 2. Land shall be developed in units of workable size which can be completed in a single construction season. Erosion and sediment control measures shall be coordinated with a sequence of grading, construction and development operations and all necessary erosion control measures shall be put in effect prior to the next commencement of the next work unit or rainy season. G. Maintenance of Protective Devices. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this chapter, or any other person or agent in control of such property, shall maintain in good condition and repair, all drainage structures, erosion and sediment control devices, vegetation, irrigation systems and other protective devices shown on the erosion control plans filed with the application for grading

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permit and approved as a condition of such permit. Prior Code 9- 2. 06. 06; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08; Ord. 2015- 23, Amended 12/ 8/ 15)

Section 17. 56. 340 Depositing Materials Upon Public or Private Property

A. Where Prohibited. No person shall dump, move or place any earth, sand, gravel,

rock, stone or other graded, filled or excavated material, or leave any bank, slope or other excavated surface unprotected, so as to cause any of such materials to be deposited upon or to roll, blow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected, or upon or over any public property, place or way. Such consent shall be in writing and in a form acceptable to the City Engineer. B. Spilling Loads. No person shall, when hauling any earth, sand, gravel, rock, stone or other excavated material over any place, allow such materials to blow or spill over and upon such street, alley or place or adjacent private property. C. Removal of Deposits from Public Places. When, due to a violation of Subsection A of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon, or to roll, flow or wash upon, any public place or way, the person responsible therefore shall cause the same to be removed from such public place or way within six hours. In the event it is not so removed, the City Engineer shall cause such removal, and the cost of such removal by the City Engineer shall be paid to the City by the person who failed to so remove the material. Prior Code 9- 2. 07. 01; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 350 Refunds

No fee collected pursuant to this chapter shall be refunded, in whole or in part, except as provided in this section: A. Grounds for Refund. Whenever the City collects a fee, no part of which is legally due, the entire fee shall be refundable. Whenever the City collects a fee in excess of the amount legally due by reason of an error of fact or law, the total amount of the excess shall be refundable. Whenever the City collects a fee in excess of the amount legally due because, by reason of a mistake made by the applicant, the permit does not accurately state the true present intent of the applicant, the total amount of the excess, less five dollars to cover costs, shall be

refundable. B. Claim for Refund. Whenever a fee or a portion of a fee is refundable pursuant to this section, the person who paid such fee may submit to the City a claim for refund of money, setting forth the facts which constitute the basis for a refund. If the basis for the refund is a mistake made by the applicant, the claim must be accompanied by a revised application showing the true facts as they existed at the time of the submission of the original application. C. When Refund Not Payable. No refund shall be made pursuant to this section if a claim for refund is submitted to the City Council more than one year from the date of payment of the fee as to which a refund is claimed; nor shall any refund be paid if the total refundable amount, after deduction of City costs as provided in Subsection A of this section, is less than 50. Prior Code 9- 2. 07. 02; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

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Section 17. 56. 360 Hours of Operation

All grading and noise emanating therefrom, including, but not limited to, warming of

equipment motors in residential zones, or within 1, 000 feet of any residential occupancy, hotel, motel, hospital or similar facility, shall be limited to the hours of 7: 00 a. m. to 5: 00 p. m., Monday through Friday, and the hours of 8:00 a. m. to 4:00 p. m. on Saturday, excluding Sundays and holidays, unless other hours are specifically approved by the City Engineer upon receipt of evidence that an emergency exists which would constitute a hazard to persons or property, public or private. Approved work after hours or on Saturday will require additional fees to be paid in full at least 48 hours before work is to be performed. Prior Code 9- 2. 07. 06; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 370 Replacement of Engineers

The civil engineer, licensed land surveyor, permittee, engineering geologist and testing agency of record who prepare the grading plan or reports shall be deemed to be in responsible charge of the work in their areas of competence as defined in the Professional Engineers Act of the State of California. This responsibility shall continue until the City is notified in writing by the engineer that he has been replaced and releases the plan or reports. At this time all work on the project shall be stopped until the replacement has agreed, in writing, to accept the responsibility within the area of their technical competence for approval upon completion of the work. Prior Code 9- 2. 07. 06; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 380 Prohibitions

A. The provisions of this chapter shall not be construed as permitting the removal of

topsoil solely for resale, or as permitting quarrying or borrow pit operations of any nature within the limits, except as provided in Chapter 15. 16 of this code. B. This chapter shall also not be construed as authorizing any persons to maintain a private or public nuisance upon their property, and compliance with the provisions of this chapter shall not be a defense in any action to abate such nuisance. Prior Code 9- 2. 07. 03; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

Section 17. 56. 390 Violation - Penalty

A. Any grading commenced or done contrary to the provisions of this chapter, or

other violation of this chapter, shall be, and the same is declared to be, a public nuisance. Upon order of the City Council, the City Attorney shall commence necessary proceedings for the abatement of any such public nuisance, in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any grading commenced or done contrary to the provisions of this chapter. B. In the event that grading is commenced without a permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee, in such instance, shall then be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the

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performance of the work. Such fee shall not be construed to be a penalty, but for enforcement of the provisions of this chapter in such cases. C. In the event that any grading is commenced or done contrary to the provisions of this chapter or of the grading permit, the City Engineer may cause to be recorded with the County Recorder a notice of grading violation for the property. The City Engineer shall cause the notice of grading violation to be removed when the City Engineer determines that the violation to be removed no longer exists. D. Each person, firm or corporation who commences or does any grading contrary to the provisions of this chapter, or otherwise violates the provisions of this chapter, is guilty of a misdemeanor. Every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation, shall be deemed a separate violation and shall be punishable in accordance with the provisions of Chapter 18. 82 of this code. Prior Code 9- 2. 07. 04; Ord. No. 2002- 25, Amended, 12/ 10/ 02; Ord. No. 2008- 13, Repealed and Replaced, 4/ 8/ 08)

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Chapter 17. 60

Development Impact Fees

Sections:

17. 60. 010 Purpose
18. 60. 020 Findings
19. 60. 030 Disposition/ Allocation of Funds
20. 60. 040 Repeal of Portions of Prior Resolutions
21. 60. 050 Fee Amounts
22. 60. 060 Waiver, Reduction or Reimbursement of Fees - Improvements Constructed
23. 60. 070 Waiver or Reduction of Fees - Commercial/ Industrial Revenue - Generating Developments
24. 60. 080 Community Facilities Needs Assessments
25. 60. 090 Collection of Fees
26. 60. 100 Application of New Fees

Section 17. 60. 010 Purpose

The purpose of this chapter is to establish certain fees on development projects to

compensate for the impacts which these developments may impose on the City. The fees established by this chapter are consistent with the requirements of Section 66000 et seq. of the State Government Code, which requires a " reasonable relationship" between the development which the fee is imposed. The basis of thefee and the need for the public facility for development fee is identified in the "Community Facilities Element" of the City General Plan. Prior Code 31 A- 16)

Section 17. 60. 020 Findings

The City Council finds that: s adopted on A. The City' Community Facilities Element, February 27, 1989, provides a framework for a growth management strategy, which addresses the extension and provision of public facilities and services. This chapter is consistent with the Community Facilities Element of the General Plan. B. The passage of State Propositions 13 and 4 placed restrictions on public agencies' revenue raising capabilities. C. The City' s concern with growth management strategies has focused on two primary objectives: 1. To secure the necessary funds to provide for new development capital needs without adding to the burden of existing residents; and 2. To influence the timing of new development and to direct and coordinate that development to locations within the City that avoid or minimize any adverse environmental, fiscal, or social impacts to existing or future residents. D. The methodology established in the " Community Facilities Needs Assessment" Exhibit A, on file in the Office of the City Clerk) provides a reasonable relationship, as required et seq., of the Government Code, between the need for public facilities andby Section 66000 the type of development project on which the fee is imposed. E. Exhibit B ( on file in the Office of the City Clerk) presents a fee schedule which represents full cost recovery, in current dollars, of the City's costs in providing public facilities, based on the methodology presented in the Community Facilities Needs Assessment.

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F. Section 17. 60. 050 presents the fee schedule adopted by resolution of the City

Council, representing development fees which are less than those presented in Exhibit B ( on file in the Office of the City Clerk). G. The rationale behind adopting the lower fee schedule ( Section 17. 60. 050) is as follows: 1. The City specifically needs to attract and maintain a strong economic base, and needs to remain competitive with neighboring cities with regard to attracting quality development; and 2. Other opportunities exist to provide revenue to supplement general development fee revenue. These opportunities include sales tax generated by commercial projects, sales tax based), federal and state grants ( such as FAU County Proposition " A" ( programs), assessment districts, Mello- Roos Districts, and tax increment financing. Prior Code 31 A- 17)

Section 17. 60. 030 Disposition/ Allocation of Funds

The sums derived from the collection of the development fees adopted by this chapter

shall be held in trust by the Treasurer of the City and shall be distributed according to the fiscal and conditions and limitations. The budgetary provisions of the City subject to the following proceeds from the development fees, including earnings from investments thereof, shall be used only for the payment of expenses related to the construction of public facilities and appurtenances as described in the Community Facilities Needs Assessment, Exhibit A to Ordinance No. 89- 6 ( on file in the Office of the City Clerk). Such expenses shall include the payment or repayment of design, construction and/ or administrative expenses related thereto. Prior Code 31 A- 18)

Section 17. 60. 040 Repeal of Portions of Prior Resolutions

This chapter supersedes and repeals the following development impact fees, which were

established by previous resolutions or ordinances, including City Council Resolution No. 88- 137: park development fees, fire protection fees, traffic impact fees, traffic signalization fees, and public facility fees. Prior Code 31 A- 19)

Section 17. 60. 050 Fee Amounts

The amounts for the following development impact fees shall be set annually by

resolution of the City Council for residential, commercial, and industrial development: A. Public facilities B. Parks C. Traffic signalization D. Fire protection E. Traffic thoroughfare Prior Code 31 A- 20; Ord. No. 90- 34, Amended, 9/ 17/ 90)

Section 17. 60. 060 Waiver, Reduction or Reimbursement of Fees - Improvements Constructed

A. To promote orderly development, the public health, safety, and/ or public

convenience, construction of certain public improvements beyond the scope of standard development requirements may be required by the City. Upon a finding and determination

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being made by the City that certain public improvements will be constructed in addition to those improvements normally required by City standards, and such improvements are public improvements for which development impact fees are normally paid, a waiver, reduction or reimbursement of development impact fees may be considered. B. Reimbursements for developer-contributed community facilities may occur by City Council approved agreements between developers and the City. C. In- lieu of improvements being financed through the collection of development impact fees, public improvements may be provided by the following means: constructed by property owner or developer, special benefit assessment districts, or other financing mechanisms approved by the City. D. The City Manager is authorized to determine when development fees may be reduced or waived. Prior Code 31A- 21)

Section 17. 60. 070 Waiver or Reduction of Fees - Commercial/ Industrial Revenue - Generating Developments

If the City Council finds and determines that a proposed commercial or industrial

development of substantial magnitude significantly mitigates development impacts through improvements to the economic base of the City, development impact fees may be waived or reduced. Such determinations shall be made through policies adopted by the City Council. Prior Code 31 A- 22)

Section 17. 60. 080 Community Facilities Needs Assessments

Exhibit A of Ordinance No. 89-6, adopted March 13, 1989, entitled " Community Facilities

Needs Assessments," ( on file in the Office of the City Clerk) is declared to be an appropriate development plan for infrastructure, as provided for in California Government Code Section 66007, and represents a schedule to be implemented within 20 years, as may be amended by the City Council from time to time. Prior Code 31 A- 22)

Section 17. 60. 090 Collection of Fees

Any development impact fees required by this title shall be paid prior to issuance of a

building permit, or, at the request of the applicant, deferred until all work required for final inspection has been completed and all department approvals required for final inspection have been obtained by the applicant. If the applicant chooses to defer the payment of fees to prior to the request for final inspection, then the amount of the fees shall be based on the fees in effect at the time of the request for final inspection. In the event that the City fails to collect any or all fees prior to final inspection, such fees shall remain the obligation of the developer and/ or

property owner. Prior Code 31 A- 24; Ord. No. 2008- 25, Amended, 9/ 9/ 08; Ord. No. 2016- 11, Amended 8/ 23/ 16)

Section 17. 60. 100 Application of New Fees

The fee increases established by Sections 17. 60. 010 through 17. 60. 050 shall not apply to any building permit application submitted and found complete prior to January 1, 1989. A building permit application for purpose of this section shall not be deemed complete until all required permit discretionary actions have been previously approved, and all building submission materials have been accepted by the City. Prior Code 31 A- 25)

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Chapter 17. 64

Parcel Maps

Sections:

17. 64. 010 Conformance with Requirements
18. 64. 020 City Engineer Approval
19. 64. 030 Land Subject to Inundation
20. 64. 040 Street Lines to be Shown on Maps
21. 64. 050 Private Road Easements
22. 64. 060 Filing of a Portion
23. 64. 070 Additional Certificate on Parcel Maps
24. 64. 080 Stamping or Printing of Certificates
25. 64. 090 Owner' s Certificate and Subdivision Guarantee

Section 17. 64. 010 Conformance with Requirements

All parcel maps shall conform to the requirements of the Subdivision Map Act and this

chapter and also shall conform to the requirements specified in the reports of the Director of Planning approving or conditionally approving any tentative parcel map unless an appeal is made to a subdivider for the modification or the recommendation of the Director of Planning, in which event the maps shall also conform to the requirements as modified by the Planning Commission or the City Council, and their requirements so imposed. All parcel maps shall be in the form of and shall contain the data prescribed in the rules and regulations prescribed by the Director of Planning. Prior Code 28- 8. 1)

Section 17. 64. 020 City Engineer Approval

A. No parcel map shall be filed with the county recorder until such map has been

approved by the City Engineer. B. The City Engineer is authorized pursuant to Government Code Section 66563 to accept or reject dedications and offers of dedications that are made by a statement on the map. Prior Code 28- 8. 2; Ord. No. 2000- 3, Amended, 06/ 13/ 2000)

Section 17. 64. 030 Land Subject to Inundation

Lots or portions of lots shown on a parcel map which are subject to inundation as

determined by the City Engineer shall be identified and so labeled. Prior Code 28- 8. 3)

Section 17. 64. 040 Street Lines to be Shown on Maps

If a street which is identified as a collector street, a major street or a prime arterial highway on the circulation element of the City General Plan is shown on a parcel map and a center line, right-of-way line, proposed street-widening line or building line has been established with respect to such highway pursuant to Chapters 12. 04, 16. 56, 17. 52 and 19. 04 through 19. 16 of this code, or pursuant to any provision of this chapter, then every such line shall be shown at the appropriate location on the parcel map and clearly labeled so as to identify its function. Prior Code 28- 8. 4)

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Section 17. 64. 050 Private Road Easements

A. In the event a private easement for road purposes is required within the

boundaries of the land to be subdivided pursuant to this chapter, such easement shall be delineated on the parcel map and such easement as delineated shall be conveyed to subsequent purchases of the parcels created. B. Owner shall also execute a private road maintenance agreement on a form approved by the City Attorney. The City Engineer, or his designee, is authorized to approve and execute the private road maintenance agreement on behalf of the City and record the same with the county recorder. Prior Code 28- 8. 5; Ord. No. 2000- 2, Amended, 06/ 13/ 2000)

Section 17. 64. 060 Filing of a Portion

A parcel map may not be filed for a portion of an approved tentative parcel map.

Prior Code 28- 8. 6)

Section 17. 64. 070 Additional Certificate on Parcel Maps

In addition to the certificates and other material required by the Subdivision Map Act and

this chapter every parcel map shall bear the following certificates: A. A certificate by the City Engineer that the map conforms with all the provisions of this chapter and: 1. In the case of a minor subdivision, such map conforms to the approved tentative parcel map; and 2. In the case of a parcel map for a major subdivision filed pursuant to this chapter, such map conforms to an approved tentative map. B. A certificate signed by an officer or employee of the City charged with overseeing the City' s implementation of CEQA stating the status of the subdivision with regard to CEQA. Prior Code 28- 8. 7)

Section 17. 64. 080 Stamping or Printing of Certificates

The affidavits, certificates, acknowledgments and approvals required or permitted by this

chapter or the Subdivision Map Act to appear upon maps shall be legibly stamped or printed upon the map with opaque ink in such a manner as will guarantee a permanent record in black upon the tracing cloth or polyester base film. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. Prior Code 28- 8. 8)

Section 17. 64. 090 Owner' s Certificate and Subdivision Guarantee

The owner' s certificate required by Section 66436 of the Subdivision Map Act shall be

required on all parcel maps. Every parcel map submitted to the City shall require a title company certificate and report or title company subdivision guarantee, pursuant to Sections 17. 68. 100 and 17. 68. 110, as if it were a final map. All provisions of Sections 17. 68. 100 and 17. 68. 110 shall apply to parcel maps with the following exceptions: A. All duties of the City Clerk shall be performed by the City Engineer; B. The City Engineer may waive any or all portions of this section, if he determines that the information required by this section has been adequately supplied in an alternate form. Prior Code 28- 8. 9)

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Chapter 17. 68

Final Maps

Sections: 17. 68. 010 Conformance with Requirements 17. 68. 020 City Council Approval 17. 68. 030 Filing Portion of Approved Map 17. 68. 040 Required Offer of Dedication 17. 68. 050 Grant of Open Space Easement 17. 68. 060 Recording 17. 68. 070 Condominiums, Community Apartments and Stock Cooperatives 17. 68. 080 Final Map Preparation and Filing 17. 68. 090 Certificates on Final Maps 17. 68. 100 Title Company Certificate and Report 17. 68. 110 Title Company Subdivision Guarantee

Section 17. 68. 010 Conformance with Requirements

All final maps shall conform to the requirements of the Subdivision Map Act and this

chapter and also shall conform to the requirements specified in the action of the City Council approving or conditionally approving the tentative map. All final maps shall be in the form and shall contain and be accompanied by the data specified by the rules and regulations approved by the Director of Planning and the City Council. Prior Code 28- 5. 1. 1)

Section 17. 68. 020 City Council Approval

No final map shall be filed in the Office of the County Recorder until approved by the City Council, but such map shall be disapproved 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, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error, which in the determination of the City Council, doesn' t materially affect the validity of the map. Prior Code 28- 5. 1. 2)

Section 17. 68. 030 Filing Portion of Approved Map

A final map may be filed for a portion of the land encompassed within an approved

tentative map, provided the City Council has approved such a filing in its approval of the tentative map. Prior Code 28- 5. 1. 3)

Section 17. 68. 040 Required Offer of Dedication

As a condition precedent to the approval by the City Council of any final map, all parcels

of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. Prior Code 28- 5. 1. 4)

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Section 17. 68. 050 Grant of Open Space Easement

In the event that a grant of an open space easement is to be made over any portion of

the subdivision, the final map shall contain a certificate signed and acknowledged by those parties having any record title interest in the subdivided land granting such open space easement and stating the conditions of the grant. Prior Code 28- 5. 1. 5)

Section 17. 68. 060 Recording

All final maps or parcel maps approved pursuant to the Subdivision Map Act and this

chapter shall be transmitted to the county recorder for filing within ten calendar days of such approval, and such time may not be extended. Prior Code 28- 5. 1. 16)

Section 17. 68. 070 Condominiums, Community Apartments and Stock Cooperatives

The City Council shall not approve a final map for a subdivision to be created from a conversion of a residential real property into a condominium project, a community apartment project or a stock cooperative unless it finds that: A. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project has received written notification of the intention to convert at least sixty days prior to the filing of a tentative map. B. There shall be a further finding that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by the Subdivision Map Act, this chapter and Title 18 of this code. C. In addition, a finding shall be made that each tenant will or has received ten days written notification that an application for a public report will be or has been submitted to the department of real estate and that such report will be available upon request. Written notices to tenants required by this subsection shall be deemed satisfied if such notices comply with the legal requirements for service by mail. D. Each of the tenants of the proposed stock cooperative, condominium or community apartment project has been given written notification ten days prior to the approval of a final map for the proposed conversion. E. Each of the tenants of the proposed condominium, community apartment project or stock cooperative has or will be given 180 days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. Provisions of this subsection shall not alter or abridge the rights or obligations of parties in performance of their covenants including, but not limited to, the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941. 1 and 1941. 2 of the Civil Code. F. Each of the tenants of the proposed condominium, community apartment project or stock cooperative project, has been given notice of the 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 or terms more favorable to the tenant. The rights shall run for a period of not less than 90 days from the date of issuance of the subdivision public report pursuant to Section 11018. 2 of the Business and Professions Code unless the tenant gives prior written notice of his or her intention not to exercise that right and a copy has been given to the Director of Planning. A copy of all such notification and proof of receipt shall be submitted to the Director of Planning within five days of the date of the notification unless otherwise allowed by this chapter. Failure to so notify or give proof of notification shall void the final map. Prior Code 28- 5. 1. 7)

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Section 17. 68. 080 Final Map Preparation and Filing

Unless otherwise provided in this chapter, a final map shall be prepared and filed

pursuant to an approved tentative map for every major subdivision. Prior Code 28- 5. 2. 1)

Section 17. 68. 090 Certificates on Final Maps

In addition to all certificates required by the Subdivision Map Act, all final maps shall

have the following certificates or endorsements: A. A certificate by the County Treasurer, City Treasurer, City Engineer, City Clerk, Clerk of the Vista Sanitation District, and the Director of Sanitation and Flood Control, to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof; B. A certificate by the Clerk of the Board of Supervisors that the provisions of Division 2 of Title 7 of the Government Code have been complied with regarding deposits for taxes on the property within the subdivision; C. Approval by the county recorder of the tract number designation of the subdivision as assigned by the city; D. Certificate of the County Recorder as to the recordation of the map; E. Certificate of engineer or surveyor responsible for surveying; F. A certificate of the City Engineer stating: 1. He has examined the final map, 2. The subdivision as shown is substantially the same as it appeared on the tentative map, and any approved alterations thereof, and that it conforms to all conditions of approval of the tentative map, 3. All provisions of the Subdivision Map Act and of any local ordinances applicable at the time of approval of the tentative map have been complied with, and 4. He is satisfied the map is technically correct; G. A certificate signed by an officer of the City charged with overseeing the City's implementation of CEQA stating the status of the subdivision with regard to CEQA; H. Other certificates as are appropriate. Prior Code 28- 5. 3. 1)

Section 17. 68. 100 Title Company Certificate and Report

Every final map submitted to the City Council shall bear the certificate of a qualified title company that the parties who executed the owner' s certificate required by Section 66436 of the Subdivision Map Act are all the parties having any record title interest in the land subdivided. Said certificate shall also set forth the names of the parties owning the interests set forth in Section 66436 of said act together with a description of such interests and the reasons the parties did not execute the owner' s certificate. The City Clerk shall notify the title company making such certificate of the date the final map will be transmitted to the County Recorder. Such notification shall be made at least 48 before said date. The title company shall, on said date, present to the County Recorder a letter stating that on said date the names of the parties and the other facts set forth in the title company' s certificate were the same as shown by the certificate. Prior Code 28- 5. 3. 2)

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Section 17. 68. 110 Title Company Subdivision Guarantee

A. In lieu of the title company certificate required by Section 17. 68. 100, there may

be filed with the City Engineer a subdivision guarantee from a qualified title insurance company which guarantees that the parties named therein are the only parties having any record title interest in the land subdivided. B. The owner' s certificate required by Section 66436 of the Subdivision Map Act shall bear the signatures of all parties owning any record title interest in the land subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act. The names of any parties who own interests described in Section 66436 of the Subdivision Map Act and who have not signed the owner' s certificate shall be set forth in the owner' s certificate together with a description of their respective interests and the reasons why they have not signed the certificate. C. The City Clerk shall notify the title company furnishing the subdivision guarantee of the date the final map will be transmitted to the County Recorder. Such notification shall be made at least 48 hours before said date. The title company shall, on said date, present to the County Recorder, pursuant to the requirements of Section 66465 of the Subdivision Map Act, a letter stating that at the time of filing of the final or parcel map in the Office of the County Recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the Office of the County Recorder. Prior Code 28- 5. 3. 3)

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Chapter 17. 72

Vesting Tentative Maps

Sections:

17. 72. 010 Citation and Authority
18. 72. 020 Purpose and Intent
19. 72. 030 Consistency
20. 72. 040 Vesting Tentative Map Allowed
21. 72. 050 In- Lieu Filing
22. 72. 060 Approval, Expiration, and Extension of Time
23. 72. 070 Vesting Requirements
24. 72. 080 Rights of the Vesting Tentative Map

Section 17. 72. 010 Citation and Authority

This chapter is enacted pursuant to the authority granted by Chapter 4. 5 ( commencing

with Section 66498. 1) of Division 2 of Title 7 of the Government Code of the State of California referred to in this chapter as the Vesting Tentative Map Statute), and may be cited as the Vesting Tentative Map Ordinance." Prior Code 28- 13. 1)

Section 17. 72. 020 Purpose and Intent

It is the purpose of this chapter to establish procedures necessary for the

implementation of the Vesting Tentative Map Statute, and to supplement the provisions of the and the subdivision ordinance. Except as otherwise set forth in theSubdivision Map Act provisions of this chapter, the provisions of the subdivision ordinance shall apply to the Vesting Tentative Map Ordinance. Prior Code 28- 13. 2)

Section 17. 72. 030 Consistency

No land shall be subdivided and developed pursuant to a vesting tentative map for any

purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by Title 18 of this code or other applicable provisions of this code. Prior Code 28- 13. 3)

Section 17. 72. 040 Vesting Tentative Map Allowed

In lieu of filing a tentative map or tentative parcel map a subdivider may file a " vesting

tentative map or vesting tentative parcel map" as provided for in this chapter. Prior Code 28- 13. 4; Ord. No. 92- 21, Amended, 11/ 10/ 92)

Section 17. 72. 050 In- Lieu Filing

Any time a major subdivision may be filed, a subdivider may file a vesting tentative map

in lieu of the normal tentative map. Whenever a tentative parcel map may be filed, a vesting tentative parcel map may be filed in lieu of a tentative map. Said vesting tentative map and vesting tentative parcel map shall be processed in the same manner as major subdivisions for

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vesting tentative map or minor subdivisions for vesting tentative parcel map except as set forth in this chapter. In addition to the normal requirements as set forth by the City, the following additional requirements shall be required for vesting tentative maps and vesting tentative parcel maps: A. Each vesting tentative map and vesting tentative parcel map shall have inscribed on it conspicuously in the upper right hand corner the words " Vesting Tentative Map for Major Subdivision" or "Vesting Tentative Parcel Map for Minor Subdivision." B. In addition to the tentative map, a site development plan pursuant to Chapter 18. 64 of this code shall be filed concurrently with the vesting tentative map and/ or vesting tentative parcel map and shall be processed concurrently therewith. C. The Director of Community Development may prescribe additional requirements as part of the normal rules and regulations promulgated by the Director of Community Development with regard to the filing of tentative maps, tentative parcel maps and vesting tentative maps and vesting tentative parcel maps. Prior Code 28- 13. 5; Ord. No. 92- 21, Amended, 11/ 10/ 92)

Section 17. 72. 060 Approval, Expiration, and Extension of Time

The vesting tentative parcel map or vesting tentative map shall be approved pursuant to

the normal procedures of a tentative map or tentative parcel map. When such map is approved, it shall expire if no final map or parcel map is filed within 24 months of the date of said approval. Time of expiration may be extended for one additional year if applied for within 90 days prior to the expiration. Such extension may be granted by the Director of Community Development. Should the Director of Community Development deny such extension, the subdivider may appeal pursuant to Section 18. 04. 150 of this code. No additional time extension of the tentative map is allowed. Prior Code 28- 13. 6; Ord. No. 92- 21, Amended, 11/ 10/ 92)

Section 17. 72. 070 Vesting Requirements

Any time a final map or parcel map is recorded for a vesting tentative map or vesting tentative parcel map, the rights allowed by this chapter shall endure for a period of one year subsequent to the recording of the final map or parcel map, and such rights may be extended for one additional year provided a request is filed with the Director of Community Development within 90 days of expiration of such rights. Should the Director of Community Development refuse to grant such extension the matter may be appealed pursuant to the Section 18. 04. 150 of this code. In addition, the rights of the vesting tentative map shall endure for the length of time a building permit is issued for the project on the site of the vesting tentative map or vesting permit.tentative parcel map and any extension of such building Should any one of the aforementioned time periods expire, the rights granted under this chapter shall also expire. Prior Code 28- 13. 7; Ord. No. 92- 21, Amended, 11/ 10/ 92)

Section 17. 72. 080 Rights of the Vesting Tentative Map

When a vesting tentative map or vesting tentative parcel map is filed and a subsequent

final or parcel map recorded, the subdivider shall have the right to build in accordance with the approved tentative map and approved site plan with no change in conditions unless such conditions are changed virtue of state or federal law. Such rights to build shall extend for the by life of the tentative map and the time period thereafter as set forth in Section 17. 72. 060. In approving such vesting map and site development plan, the regulations shall be those in effect on the date the application was found complete. Prior Code 28- 19. 8; Ord. No. 92- 21, Amended, 11/ 10/ 92)

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Chapter 17. 76

Minor Subdivisions

Sections:

17. 76. 010 Minor Subdivisions
18. 76. 020 Tentative Parcel Map Required
19. 76. 030 Application
20. 76. 040 Information to be Filed with Tentative Parcel Map
21. 76. 050 Grading Plan
22. 76. 060 Soils Report
23. 76. 070 Department of Health Services Certification
24. 76. 080 Replacement Tentative Parcel Map
25. 76. 090 Revised Tentative Parcel Map
26. 76. 100 Director of Planning - Duties
27. 76. 110 Assignment of Certain Responsibilities to Director of Planning
28. 76. 120 Action of the Director of Planning
29. 76. 130 Consideration of Tentative Parcel Maps - Notice of Decision
30. 76. 140 Disapproval of Tentative Parcel Map
31. 76. 150 Modification of Regulations
32. 76. 160 Appeal
33. 76. 170 Waiver of Parcel Map
34. 76. 180 Time to File Parcel Map - Extension of Time
35. 76. 190 Requirements
36. 76. 200 Dedication Procedure
37. 76. 210 Agreement to Improve
38. 76. 220 Exemption from Improvements
39. 76. 230 Covenant not to Oppose Road Improvement District
40. 76. 240 Lien Contract for Improvements
41. 76. 250 Monuments and Flagging

Section 17. 76. 010 Minor Subdivisions

A. No person shall create a minor subdivision except in accordance with a parcel

map approved pursuant to this chapter and the Subdivision Map Act and filed in the Office of the County Recorder unless such requirement for a parcel map is otherwise waived pursuant to Section 17. 76. 170. B. The provisions of this chapter shall not apply to: 1. The conveyance, transfer, creation or establishment of an easement for streets, sewer, water or gas pipelines and appurtenances or electrical or telephone poles and lines or conduit and appurtenances; 2. The conveyance or transfer of land or any interest therein to the United States, state, county, city, school district, special district or public utility. Prior Code 28- 6. 1. 1)

Section 17. 76. 020 Tentative Parcel Map Required

Any person proposing to create a minor subdivision pursuant to this chapter shall file

with the Director of Planning a tentative parcel map pursuant to the provisions of this chapter. The City Engineer shall not certify a parcel map pursuant to Section 66450 of the Subdivision

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Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the Director of Planning, or on appeal by the Planning Commission or City Council. Prior Code 28- 6. 1. 2)

Section 17. 76. 030 Application

The subdivider applying for a minor subdivision shall file an application with the Director of Planning. The application shall be accompanied by a fee, as set by resolution of the City Council according to the provisions of Section 17. 08. 130, which will not be refundable, together with copies of a tentative parcel map as required by the Director of Planning prepared in accordance with the requirements as set forth in Sections 17. 08. 070 B and 17. 76. 040 of this

code. Prior Code 28- 6. 1. 3)

Section 17. 76. 040 Information to be Filed with Tentative Parcel Map

Such information as may be prescribed by the rules and regulations approved by the

City Council pursuant to Section 17. 08.070 B and such additional information as the Director of Planning may find necessary with respect to any particular case to implement the provisions of this chapter, shall accompany the tentative parcel map at the time of submission. In addition, all tentative parcel maps shall be accompanied by either a negative declaration or a draft environmental impact report prepared in accordance with rules and procedures adopted by the City Council pursuant to CEQA. Prior Code 28- 6. 1. 4)

Section 17. 76. 050 Grading Plan

There shall be filed with each tentative parcel map a grading plan showing graded

building site elevations and grading proposed for the creation of building sites or for construction or installation of improvements. The grading plan together with the original topographical contours may both be shown on the tentative parcel map. In the event no such grading is proposed, a statement to that effect shall be placed on the tentative parcel map. Prior Code 28- 6. 1. 5)

Section 17. 76. 060 Soils Report

A. A preliminary soils report, prepared by a registered civil engineer and based

upon adequate test borings shall be submitted to the City Engineer for every subdivision with respect to the subdivision lots and adjoining roads. B. A preliminary soils report may be waived by the City Engineer provided the City Engineer finds that due to the knowledge the City has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary. C. If the City has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the City Engineer. Such soils investigation shall be done by a registered civil engineer, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soils problem exists. D. The advisory agency may approve the subdivision or portion thereof where such soils problem exists if it determines that the recommended action is likely to prevent structural

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damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. Prior Code 28- 6. 1. 6)

Section 17. 76. 070 Department of Health Services Certification

A tentative parcel map shall not be accepted for processing until such map bears

certification of the Department of Health Services of the County of San Diego that a sanitary sewer is available to each lot or that it has approved each lot for installation of a private subsurface sewage disposal system. Prior Code 28- 6. 1. 7)

Section 17. 76. 080 Replacement Tentative Parcel Map

A replacement tentative parcel map shall be submitted when the Director of Planning

finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original tentative parcel map. Prior Code 28- 6. 1. 8)

Section 17. 76. 090 Revised Tentative Parcel Map

Where a subdivider desires to revise an approved tentative parcel map, he may file with

the Director of Planning, prior to the expiration of the approved tentative parcel map, a revised tentative parcel map. Prior Code 28- 6. 1. 9)

Section 17. 76. 100 Director of Planning - Duties

The Director of Planning is authorized and directed to carry out the duties assigned to him by this chapter including but not limited to the following: A. Investigate each tentative parcel map filed pursuant to this chapter and indicate by written report the kind, nature and extent of the improvements required to be installed on or to serve the land to be subdivided. B. Within ten days after the filing of a tentative parcel map, the Director of Planning shall send notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any elementary, high school or unified school district within the boundaries of the proposed subdivision. Such governing board shall make a written report thereon to the City indicating the impact of the proposed subdivision and its recommendations within 20 working days after said notice was mailed or the governing board shall be deemed to have approved the proposed subdivision. C. Obtain the recommendations of: 1. The City Engineer, Director of Health Services of the County of San Diego, Director of Sanitation and Flood Control of the County of San Diego, or their authorized representatives, with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements; 2. The Fire Chief; and, 3. Other City departments, governmental agencies or special districts as may be deemed appropriate or necessary by the Director of Planning in order to carry out the provisions of this chapter.

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D. After receiving and considering public input, approve, conditionally approve or

disapprove tentative parcel maps, and report, as provided in this chapter, his approval, conditional approval or disapproval directly to the subdivider. E. Waive the requirement for filing and recordation of a parcel map for certain subdivisions as provided in Section 17. 76. 170. Prior Code 28- 6. 2. 1)

Section 17. 76. 110 Assignment of Certain Responsibilities to Director of Planning

The responsibilities of the City Council pursuant to Sections 66473. 5, 66474, 66474. 1

and 66474. 6 of the Government Code are assigned to the Director of Planning with respect to those tentative parcel maps filed pursuant to this chapter. Prior Code 28- 6. 2. 2)

Section 17. 76. 120 Action of the Director of Planning

Within five working days after a tentative parcel map has been filed, the Director of Planning shall transmit copies of such map together with accompanying information to such public agencies and public and private utilities as the Director of Planning determines may be concerned. Each of the public agencies and utilities may, within ten working days after the map has been sent to such agency, forward to the Director of Planning a written report of its findings and recommendations thereon. Prior Code 28- 6. 2. 3)

Section 17. 76. 130 Consideration of Tentative Parcel Maps - Notice of Decision

A. Time for Consideration. Within 50 calendar days after the tentative parcel map is

filed, and is found complete, the City Planner shall approve, conditionally approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the subdivider and the City Planner. If the tentative parcel map is disapproved, reasons must be given for the disapproval. B. Notice of Decision. Notice of the City Planner' s decision on the tentative parcel map shall be delivered by mail to all property owners as shown on the latest equalized assessment roll, or any update thereto, of property within 500 feet of the proposed project. Notice shall be given at least ten calendar days prior to the effective date of the decision of the City Planner. The notice shall include a description and location of the tentative parcel map; the location where a copy of the tentative parcel map and proposed decision may be reviewed, and the right to appeal the tentative parcel map. C. Modification of Decision. On or before the effective date of the decision of the City Planner, the City Planner may, based on information received, modify or reaffirm his decision. The decision of the City Planner is final unless appealed, as set forth in Section 17. 76. 160. Prior Code 28- 6. 2. 4; Ord. No. 92- 15, Amended, 09/ 08/ 92)

Section 17. 76. 140 Disapproval of Tentative Parcel Map

The Director of Planning shall not approve a tentative parcel map under any of the

following circumstances: A. Unless he finds that the proposed subdivision, together with the provisions for its design and improvements, is consistent with any general plan required by Article 5 of Chapter 3

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of Division 1 of Title 7 of the Government Code, or with any specific plan adopted pursuant to Article 8 of said chapter, division and title. B. The land proposed for division is a lot or parcel created illegally, unless said lot or parcel has been approved by the Director of Planning or on appeal, by the City Council, pursuant to Section 17. 88. 030 and a certificate of compliance relative thereto has been filed with the county recorder. C. The Director of Planning finds that the tentative parcel map does not meet the requirements of this chapter. D. The Director of Planning makes any of the following findings: 1. That the proposed map is not consistent with applicable general and specific plans; 2. That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans; 3. That the site is not physically suitable for the type of development; 4. That the site is not physically suitable for the proposed density of development; 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems; 7. That the design of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the Director of Planning may approve a map if he finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to one previously acquired by the public; 8. That all requirements of CEQA have not been fulfilled. Prior Code 28- 6. 2. 5)

Section 17. 76. 150 Modification of Regulations

Whenever the Director of Planning, or on appeal the City Council, finds with respect to a

tentative parcel map that the land to be divided is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical conditions, or is in such location, or is to be devoted to such usage that it is impossible or impractical in the particular case for the subdivider to conform fully to the requirements of this chapter, the Director of Planning, or on appeal the City Council, may waive or modify such requirements as deemed reasonably necessary; provided, however, any such waiver or modification shall be in conformity with the spirit and purpose of the Subdivision Map Act and this chapter. Prior code 28- 5. 2. 6)

Section 17. 76. 160 Appeal

Any interested person adversely affected by a decision may file an appeal pursuant to Section 18. 04. 150. Prior Code 28- 6. 3. 1; Ord. No. 91- 18, Amended, 07/ 09/ 91)

Section 17. 76. 170 Waiver of Parcel Map

A. Other provisions of this chapter to the contrary notwithstanding, the requirement

that a parcel map be prepared, filed with the City Engineer and recorded may be waived for the

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following types of minor subdivisions, provided a finding is made by the Director of Planning, or on appeal by the Planning Commission or City Council, that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this chapter and the Subdivision Map Act: 1. A minor subdivision wherein each resulting lot or parcel contains a gross area of 40 acres or more, or each of which is a quarter- quarter section or larger; provided, however, that the requirement that each resulting lot or parcel contain a gross area of 40 acres or more or be a quarter-quarter section or larger may be modified pursuant to Section 17. 76. 150 to the extent that no such lot or parcel is smaller than 20 acres in gross area and the average gross area of all resulting lots or parcels equals 40 acres or more; 2. A minor subdivision only for the purpose of leasing the lots resulting from such subdivision; 3. A minor subdivision wherein each resulting lot or parcel was previously a legally created separate lot under separate ownership, but which subsequently came into the same ownership as adjoining parcels such that the total quantity of real property under the same ownership is shown on the latest equalized county assessment roll as a unit or contiguous units; 4. Subdivision converting commercial or industrial buildings into condominiums provided such subdivision is located on the whole of a lot or lots created by subdivision map or parcel map recorded in the Office of the San Diego County Recorder; 5. The minor subdivision for a condominium in conjunction with a condominium housing permit, if no dedications are necessary to comply with such permit and if the map is of a lot or parcel created by a previously recorded parcel or subdivision map for which a survey was completed. B. An applicant for a subdivision pursuant to Paragraphs 1, 2, 4 and 5 of Subsection A of this section shall file a tentative parcel map pursuant to this chapter together with a written request that the parcel map requirement be waived. An applicant for a subdivision pursuant to Paragraph 3 of Subsection A shall pay the fee prescribed by City Council resolution for parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the Director of Planning to enable the Director of Planning, or on appeal the Planning Commission or the City Council, to make the finding required by this section. The processing of any application pursuant to Paragraph 3 of this Subsection A shall be subject to the same time requirements and appeal procedures as are provided in this chapter for tentative parcel maps. In any case where waiver of the parcel map ofis granted by the Director Planning, or on appeal by the Planning Commission or City Council, the director shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to Chapter 17. 88 of this title. Prior Code 28- 6. 3. 2)

Section 17. 76. 180 Time to File Parcel Map - Extension of Time

Within 36 months after the approval or conditional approval of the tentative parcel map,

the subdivider shall cause the parcel map to be surveyed and a parcel map to be prepared in accordance with the tentative parcel map as approved or conditionally approved, and in accordance with the Subdivision Map Act and this title; provided, however, that if prior to the expiration of said 36 months, the subdivider files with the City of Vista a written application for an extension, the City Planner, may at any time within 90 days prior to the expiration of said 36 months, grant an extension. In the event the City Planner denies an application for extension, the subdivider may appeal pursuant to Section 18. 04. 150 of the Development Code. The City Planner shall be designated the advisory agency with regard to major subdivision extensions.

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An extension shall not be granted or conditionally granted unless the City Planner finds

that the design and improvements of the subdivision are consistent with the General Plan, any applicable specific plan, Titles 17 and 18 of this code, and any public facility or development management policies in existence at the time the extension is approved. In granting an extension, the City Planner may impose new conditions and may revise existing conditions. An extension shall be for a period of not more than two years unless the City Planner finds that an extension for a longer period is warranted, giving consideration to the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. The total period of all extensions shall not exceed five years. Prior Code 28- 6. 3. 3; Ord. 97- 4, Amended, 01/ 28/ 97)

Section 17. 76. 190 Requirements for Minor Subdivision

A. All minor subdivisions shall meet the dedication, easement, and construction of off- site and on- site improvements requirements applicable to major subdivisions pursuant to Sections 17. 76.010 through 17. 76. 180 of this chapter for the parcels being created; provided, however, that requirements for the construction of such off- site and on- site improvements shall be noticed by certificate on the parcel map, in the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with or prior to the parcel map or instrument of waiver of a parcel map being filed for record. B. Fulfillment of such construction requirements shall not be required until, at, or after such time as a building or grading permit is issued by the City, except that the Director of Planning may require fulfillment of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a building or grading permit for the development of a parcel upon a finding that fulfillment of such construction requirements is necessary for reasons of: 1. The public health and safety; or 2. The required construction is a necessary prerequisite to the orderly development of the surrounding area. Prior Code 28- 7. 1)

Section 17. 76. 200 Dedication Procedure

All dedications or offers of dedication required by the provisions of this chapter shall

either be by separate instrument, which shall be completed prior to filing of the parcel map, or shall be by certificate on the parcel map. The method of dedication or offer of dedication is made by certificate on the map; such dedication or offer of dedication shall be accepted or rejected on behalf of the City by the City Engineer. All offers of dedication shall be in such terms as to be binding on the owner, his heirs, assigns, or successors in interest, and except as provided in Subsection ( b) of Section 66477. 2 of the Government Code, shall continue until the City accepts or abandons such offer. Any such dedication or offer of dedication shall be free of any burden or encumbrance which would interfere with the purposes for which the dedication or offer of dedications is required. Prior Code 28- 7. 2)

Section 17. 76. 210 Agreement to Improve

A. The subdivider may elect to agree to construct or install improvements required

by this chapter which are to be located in public easements or rights- of-way. In the event a subdivider elects to agree to construct or install improvements, he shall provide a good and

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sufficient improvement security as defined in Section 66499 of the Subdivision Map Act and he shall prepare and deposit with the City Engineer detailed plans and specifications of the improvements to be constructed and such plans and specifications shall be made part of any such agreement and of the improvement security. B. Such agreement and improvement security shall be in a form acceptable to the City Attorney, and may be executed on behalf of the City by the City Engineer or his designee, subject to the following conditions: 1. The term of the agreement shall not exceed two years nor be extended for no more than 12 months from the agreement' s original date of expiration. 2. The amount of the security to be deposited shall be based on the estimated cost of improvements as approved by the City Engineer. 3. All improvements shall be constructed in accordance with plans approved by the City Engineer. 4. All improvements shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the City harmless with respect thereto, until such time as the improvements are accepted by the City. Prior Code 28- 7. 3; Ord. No. 2000- 2, Amended, 06/ 13/ 2000)

Section 17. 76. 220 Exemption from Improvements

Other provisions of this chapter to the contrary notwithstanding, the following minor

subdivision shall not be subject to the public improvement or dedication requirements of this chapter except insofar as is necessary to comply with the Subdivision Map Act, including Sections 66426 and 66428 thereof: any parcel or parcels of land subdivided into lots or parcels, each of a gross area of 40 acres or more each of which is a quarter- quarter section or larger. Prior Code 28- 7. 4)

Section 17. 76. 230 Covenant Not to Oppose Road Improvement District

In lieu of constructing or agreeing under Section 17. 76. 210 to construct the

improvements required by this chapter which are to be located in public easements or rights- of- way, the Director of Planning upon recommendation by the City Engineer, may require that the subdivider execute a covenant not to oppose the formation of a road improvement district. The covenant executed under authority herein may be used to secure future improvements in easements, rights-of-way or irrevocable offers of dedication and may be used when streets serving adjacent properties or the area in general are below City specifications to a degree that public action, such as assessment district proceedings, would be required in the future in order to improve such streets to City specifications. Prior Code 28- 7. 5)

Section 17. 76. 240 Lien Contract for Improvements

A. A fee in lieu of construction in the amount of current year construction costs plus 30 percent for engineering design and contingencies will be deposited with the City. B. Construction cost estimates will be on a pro rata basis for full street improvements. C. These moneys will be put into a restricted assets account for actual construction of improvements in the public rights- of-way for that street. Prior Code 28- 7. 6)

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Section 17. 76. 250 Monuments and Flagging

Every parcel map shall show monuments which shall be set by a licensed surveyor or

engineer in accordance with the provisions of Chapter 17. 44 of this code, and every minor subdivision may be required to be flagged pursuant to Section 17. 12. 100. Prior Code 28- 7. 7)

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Chapter 17. 80

Reversions to Acreage

Sections:

17. 80. 010 Reversions to Acreage by Final Map
18. 80. 020 Initiation of Proceedings - By Owner
19. 80. 030 Initiation of Proceedings - By City Council
20. 80. 040 Data for Reversion to Acreage
21. 80. 050 Proceedings Before the City Council
22. 80. 060 Return of Fees, Deposits - Release of Securities
23. 80. 070 Delivery of Final Map
24. 80. 080 Effect of Filing Reversion Map with County Recorder

Section 17. 80. 010 Reversions to Acreage by Final Map

Subdivided property may be reverted to acreage pursuant to provisions of this chapter.

Prior Code 28- 9. 1)

Section 17. 80. 020 Initiation of Proceedings - By Owners

Proceedings to revert subdivided property to acreage may be initiated by petition of all of

the owners of record of the property. The petition shall be in a form prescribed by the Director of Planning. The petition shall contain the information required by Section 17. 80. 040 and such other information as required by the Director of Planning. Prior Code 28- 9. 2)

Section 17. 80. 030 Initiation of Proceedings - By City Council

The City Council, at the request of any person or on its own motion, may by resolution

initiate proceedings to revert property to acreage. The Council shall direct the Director of Planning to obtain the necessary information to initiate and conduct the proceedings. Prior Code 28- 9. 3)

Section 17. 80. 040 Data for Reversion to Acreage

Petitioners shall file the following: A. Evidence of title to the real property; and B. Evidence of the consent of all of the owners of any interest in the property; or C. Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or D. Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record; and E. A final map which delineates dedications which will not be vacated and dedications required as a condition to reversion. Prior Code 28- 9. 4)

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Section 17. 80. 050 Proceedings Before the City Council

A. A public hearing shall be held before the City Council on all petitions for, and City

Council initiations of, reversions to acreage. Notice of the public hearing shall be given as provided in Subsections A, C and D of Section 18. 04. 060 of this code. The Director of Planning may give such other notice as he deems necessary or advisable. B. The City Council may approve a reversion to acreage only if it finds and records in writing that: 1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes; and, 2. Either:

a. All owners of an interest in the real property within the subdivision

have consented to reversion, or, b. None of the improvements required to be made have been 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, C. No lots shown on the final or parcel map were sold within five years from the date such final or parcel map was filed for record. C. The City Council may require as conditions of the reversion: 1. The owners dedicate or offer to dedicate streets or easements; 2. The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes of this chapter. Prior Code 28- 9. 5)

Section 17. 80. 060 Return of Fees, Deposits - Release of Securities

Upon filing of the final map for reversion to acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released except those retained pursuant to Section 17. 80. 050. Prior Code 28- 9. 6)

Section 17. 80. 070 Delivery of Final Map

After the hearing before the City Council and approval of the reversion, the final map

shall be delivered to the County Recorder. Prior Code 28- 9. 7)

Section 17. 80. 080 Effect of Filing Reversion Map with County Recorder

Reversion shall be effective upon the final map being filed for record by the County

Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force or effect. Prior Code 28- 9. 8)

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Chapter 17. 84

Lot Line Adjustments

Sections:

17. 84. 010 Applicability
18. 84. 020 Application
19. 84. 030 Review; Approval; Notice
20. 84. 040 Requirements for Approval
21. 84. 050 Conditions of Approval
22. 84. 060 Fulfillment of Conditions - Record of Survey

Section 17. 84. 010 Applicability

Notwithstanding any other provisions of this code, this chapter shall establish the

procedures and standards for the review, processing, and approval of lot line adjustments. A lot line adjustment shall consist of a boundary adjustment between four or fewer existing adjoining parcels where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created. Prior Code 28- 10. 1; Ord. No. 2007- 5, Repealed and Replaced, 5/ 8/ 07)

Section 17. 84. 020 Application

An applicant for a lot line adjustment shall file a plat and submit an application to the City

Planner using a City-approved application form. A fee, in an amount set by the City Council, shall be paid when the application is filed. Prior Code 28- 10. 2; Ord. No. 2007- 5, Repealed and Replaced, 5/ 8/ 07)

Section 17. 84. 030 Review; Approval; Notice

application. The applicant shall The City Planner shall conditionally approve or deny the

be notified in writing of the City Planner' s decision. The decision may be appealed in accordance with Chapter 18. 04. Prior Code 28- 10. 3, 28- 10. 4, 28- 10. 7; Ord. No. 2007- 5, Repealed and Replaced, 5/ 8/ 07; Ord. No 2020- 1, Amended, 1/ 14/ 20)

Section 17. 84. 040 Requirements for Approval

A lot line application shall be approved only if each resulting parcel will conform to the ordinances, and zoning ordinances ( inclusive of theGeneral Plan, Specific Plan, building Development Code). Prior Code 28- 10. 6; Ord. No. 2007- 5, Repealed and Replaced, 5/ 8/ 07)

Section 17. 84. 050 Conditions of Approval

Any approval may: ( 1) include conditions or exactions required to cause the resulting

parcels to conform to the General Plan, building ordinances, and zoning ordinances ( inclusive of all provisions of the Development Code); ( 2) the prepayment of real property taxes in advance of the approval; and ( 3) facilitate the relocation of existing utilities, infrastructure, or easements. All conditions must be satisfied before recordation of the grant deed and certificate of

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compliance pursuant to Section 17. 84. 060, unless the condition is otherwise secured as provided by this section. Rather than requiring that a condition be satisfied at the time of recordation, the City Planner, in his or her reasonable discretion, may accept an agreement executed by all affected property owners guaranteeing the timely future performance of the condition and providing bonds or other security acceptable to the City Planner to guarantee such performance. A survey may be required if permitted by Section 8762 of the Business and Professions Code or otherwise permitted by applicable law. Prior Code 28- 10. 5; Ord. No. 2007- 5, Repealed and Replaced, 5/ 8/ 07)

Section 17. 84. 060 Fulfillment of Conditions - Record of Survey

Upon satisfying all permit conditions as provided in Section 17. 84. 050, the lot line

adjustment shall be effected through the recordation of a certificate of compliance for each lot resulting from the adjustment process and the recordation of a grant deed or deeds to transfer property between adjoining lots. The recordation must occur within one year of the date that the lot line adjustment is administratively approved, subject to an extension of one year if the request is made prior to the expiration of the initial approval. The lot line adjustment shall not become final until the recordation required by this section is effected and all conditions required are satisfied or secured. If the recordation does not occur within theby Section 17. 84. 050 fully time allowed by this section, the application approval shall become null and void. Prior Code 28- 10. 7; Ord. No. 97- 4, Amended, 1/ 28/ 97; Ord. No. 2007- 5, Repealed and Replaced, 5/ 8/ 07)

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Chapter 17. 86

Urban Lot Splits

Sections:

17. 86. 010 Purpose and Intent
18. 86. 020 Applicability
19. 86. 030 Definitions
20. 86. 040 General Eligibility
21. 86. 050 Urban Lot Splits — Subdivision Standards
22. 86. 060 Urban Lot Splits — General Requirements and Restrictions
23. 86. 070 Urban Lot Splits — Approval Process
24. 86. 010 Purpose and Intent

    The purpose of this chapter is to establish standards for urban lot splits as specified by California Government Code Section 66411. 7, as adopted and amended by Senate Bill No. 9. The provisions of this ordinance shall supersede any other provision to the contrary in titles 17 or 18 of this code. It is not the intent of this ordinance to override any lawful use restrictions as may be set forth in Covenants, Conditions and Restrictions ( CC& Rs) of a common interest development. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

25. 86. 020 Applicability

    This chapter is applicable only to voluntary applications for a proposed urban lot split. Owners of real property or their representatives may continue to exercise rights for property development in conformance with the Vista Development Code or applicable state law. Development applications that do not satisfy the definition for an urban lot split as provided herein shall not be subject to the standards in this chapter. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

26. 86. 030 Definitions

        In addition to the terms defined in Section 17. 04. 020 and Chapter 18. 02 of this code,

certain terms used in this chapter are defined as set forth in this section. Where a conflict between defined terms exists, terms shall apply in the following order of precedence: as defined in this section, as defined in Section 17. 04. 020 and then as defined in Chapter 18. 02.

Acting in Concert" means persons, as defined by Section 82407 of the California

Government Code, acting jointly to pursue development of real property, whether or not pursuant to a written agreement and irrespective of individual financial interest.

Existing Structure" means a lawfully constructed building that received final building

permit clearance prior to January 1, 2022, and which has not been expanded on or after January 1, 2022.

Flag Lot" means a parcel of land shaped like a flag, with a narrow strip providing access

to a public or private street ( hereinafter, " access corridor") and the bulk of the property

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containing no street frontage.

Legal Parcel" shall have the same meaning as given for the term " lot" in Section

18. 2. 385 of the Zoning Code.

Lot Area" means the horizontal area within the boundary lines of a legal parcel, exclusive of: 1. The area of any street right-of-way or road easement; and 2. Any portion of the lot which is less than 25 feet wide for a distance of 40 feet or more and which is designed or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site.

Natural Grade" means the average existing elevation of datum points located at each

corner of a proposed primary dwelling unit, measured in feet above mean sea level ( AMSL).

Non- Conforming Zoning Condition" means a physical improvement on a property that

does not conform with current zoning standards.

Objective Design Review Standards" shall have the same meaning as given in Section

66411. 7( m)( 1) of the California Government Code.

       Objective Subdivision Standards" shall have the same meaning as given in Section

66412. 7( m)( 1) of the California Government Code.

       Objective Zoning Standards" shall have the same meaning as given in Section

66413. 7( m)( 1) of the California Government Code.

       Public Transportation" means a high- quality transit corridor, as defined in subdivision ( b) of Section 21155 of the California Public Resources Code ( PRC), or a major transit stop, as defined in Section 21064. 3 of the PRC.

       Single- Family Residential Zone" means a R- 1- B, R- 1, or E- 1 zoning district, as specified in the Zoning Code, or any specific plan area that permits single- family residential as the primary land use.

       Urban Lot Split" means a ministerial application for a parcel map to subdivide an existing legal parcel located within a single- family residential zone into two legal parcels, as authorized by Section 66411. 7 of the California Government Code.

       Zoning Code" means Title 18 of the Vista Development Code. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

66414. 86. 040 General Eligibility

       An urban lot split may only be created on parcels satisfying all of the following general requirements: A. Zoning District. A parcel that is located within a single- family residential zone. B. Legal Parcel. A parcel which has been legally created in compliance with the

Subdivision Map Act (California Government Code Section 66410 et seq) and Title 17 of this

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code, as applicable at the time the parcel was created. The City Engineer may require a certificate of compliance to verify conformance with this requirement. C. Farmland. A parcel that is not located on either prime farmland or farmland of statewide importance, as defined pursuant to United States Department of Agriculture land inventory and monitoring criteria, as modified for California, and designated on the maps prepared by the Farmland Mapping and Monitoring Program of the Department of Conservation, or land zoned or designated for agricultural protection or preservation by a local ballot measure that was approved by the voters of the City of Vista. D. Wetlands. Parcel is not located on wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 ( June 21, 1993). E. Very High Fire Hazard Severity Zone. Parcel is not located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to California Government Code Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subparagraph does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision ( b) of Section 51179 of the California Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or state fire mitigation measures applicable to the development. F. Hazardous Waste Site. Parcel is not identified as a hazardous waste site that is listed pursuant to California Government Code Section 65962. 5 or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the California Health and Safety Code, unless the State Department of Public Health, State Water Resources Control Board, or Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses. G. Earthquake Fault Zone. Parcel is not located within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2. 5 ( commencing with Section 18901) of Division 13 of the California Health and Safety Code), and by any local building department under California Government Code Chapter 12. 2 ( commencing with Section 8875) of Division 1 of Title 2. H. Special Flood Hazard Area. Parcel is not located within a special flood hazard area subject to inundation by the 1 percent annual chance flood ( 100- year flood) as determined by the Federal Emergency Management Agency ( FEMA) in any official maps published by the FEMA. Notwithstanding the foregoing, a development may be located on a site described in this section if either of the following are met: 1. The site has been subject to a Letter of Map Revision prepared by FEMA and issued to the City. 2. The site meets FEMA requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program pursuant to Part 59 commencing with Section 59. 1) and Part 60 ( commencing with Section 60. 1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations. 1. Regulatory Floodway. Parcel is not located within a regulatory floodway as determined by FEMA in any official maps published by FEMA, unless the development has received a no- rise certification in accordance with Section 60. 3( d)( 3) of Title 44 of the Code of Federal Regulations. J. Conservation Lands. Parcel is not identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 ( commencing with Section 2800) of Division 3 of the California Fish and Game

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Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 ( 16 U. S. C. Sec. 1531 et seq.), or other adopted natural resource protection plan. K. Habitat for Protected Species. Parcel is not identified as habitat for protected species identified as candidate, sensitive, or species of special status by state or federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 ( 16 U. S. C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1. 5 commencing with Section 2050) of Division 3 of the California Fish and Game Code), or the Native Plant Protection Act ( Chapter 10 ( commencing with Section 1900) of Division 2 of the California Fish and Game Code). L. Conservation Easement. Parcel is not located on lands under conservation easement. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

17. 86. 050 Urban Lot Splits — Subdivision Standards

The following objective subdivision standards supersede any other standards to the contrary that may be found in Titles 17 and 18 of this code, or in a specific plan as they pertain to the creation of an urban lot split under Section 66411. 7 of the California Government Code. Urban lot splits shall comply with the following objective subdivision standards, except as provided in Section 17.86.070. D of this code. A. Allowable Lot Types. Any newly created parcel satisfying section 17. 86. 040 of this code may be approved for an urban lot split, irrespective of its current configuration. Notwithstanding the foregoing, through lots, as defined in Section 18. 02.435 of the Zoning Code, shall not be created unless vehicular access rights are established to a public or private street. B. Flag Lots. The access corridor of a flag lot shall be in fee as part of the parcel and not as an easement and shall be of a minimum width of 20 feet of frontage on a public or private street. C. Lot Lines. The side lines of all lots shall be at right angles to streets or radial to the centerline of curved streets. D. Minimum Lot Size. Each new parcel shall be approximately equal in lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision. In no event shall a new parcel be less than 1, 200 square feet in lot area. The minimum lot area for a flag lot shall be exclusive of any access corridor. E. Minimum Lot Width. Each new parcel shall maintain a minimum lot width of 25 feet. The calculation of lot width for a flag lot shall exclude the length of the access corridor.

F. Minimum Street Frontage. Each new parcel shall have frontage upon a public or

private street with a minimum frontage dimension of 25 feet, except for flag lots which shall have a minimum frontage dimension of 20 feet. G. Number of Lots. The urban lot split shall create no more than two new parcels. H. Parking. One off-street parking space per primary dwelling unit, with minimum dimensions of 9 feet in width by 19 feet in depth and located on a paved or all- weather surface, shall be required. Notwithstanding the foregoing, no parking shall be required if the parcel is either: ( i) located within one- half mile walking distance of Public Transportation; or ( ii) within one block of a car share vehicle. I. Existing Structures and Setbacks. Existing structures located on a parcel subject to an urban lot split shall not be subject to a setback requirement. However, any such existing structures shall not be located across any shared property line resulting from an urban lot split. Proposed structures in an application for an urban lot split shall be subject to the setback and

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building separation requirements specified in Table 1- 1 ( Setback Requirements) of Section 18. 96.050. E of the Zoning Code. J. Utility Connections to Existing Structures. Any existing structures located on separate new parcels created from an urban lot split shall be independently connected to all required utilities prior to recordation of a parcel map. The City Engineer shall verify the completion of required utility connections prior to recordation. K. Grading. A grading and drainage plan prepared by a registered civil engineer shall be required for any two- unit housing development involving land disturbance activity, except for the activities described in Section 17. 56. 060. A through K of the Development Code. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

17. 86. 60 Urban Lot Splits— General Requirements and Restrictions

The following requirements and restrictions apply to all urban lot splits. A. Adjacent Parcels. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously conducted an urban lot split to create an adjacent parcel as provided for in this section. B. Dedication and Easements. The City Engineer shall not require dedications of rights- of-way nor the construction of off-site improvements. Notwithstanding the foregoing, the City Engineer may require the recordation of easements necessary for the provision of public services and facilities, and easements to ensure subdivided lots have access to the public right- of-way. C. Short- Term Rentals. Leases for durations of 30 days or less, including short- term rentals are prohibited. The Community Development Director shall require recordation of a deed restriction documenting this requirement prior to issuance of a building permit. D. Intent to Occupy. The applicant shall sign an affidavit provided by the Community Development Director attesting that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split. The affidavit shall be recorded on the title of the parcel concurrently with recordation of the parcel map. This requirement shall not apply to an applicant that is a community land trust" or a " qualified nonprofit corporation" as described in California Government Code Section 66411. 7( g)( 2). E. Non- Conforming Zoning Conditions. The City shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of non- conforming zoning conditions. Notwithstanding the foregoing, no new non- conforming conditions may result from the urban lot split. F. Number of Units. No parcel created through an urban lot split shall be allowed to include more than two dwelling units as described in California Government Code Section 66411. 70). Any excess dwelling units that do not meet this standard shall be relocated, demolished, or otherwise removed prior to approval of a parcel map. G. Prior Subdivision. A parcel created through a prior urban lot split may not be further subdivided under the provisions of this chapter. The subdivider acting under the provisions of this chapter shall sign a covenant provided by the Community Development Director documenting this restriction. The covenant shall be recorded on the title of each parcel concurrent with the recordation of the parcel map. H. Restrictions on Demolition. The proposed urban lot split shall not require the demolition or alteration of any of the following types of housing: 1. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons of moderate, low or very low income. 2. Housing that is subject to any form of rent or price control through the City's valid exercise of police power.

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3. Housing that has been occupied by a tenant in the past three years.
I. Owner's Rights. The parcel subject to the urban lot split shall not be a parcel or

parcels on which an owner of residential real property has exercised the owner' s rights under Chapter 12. 75 ( commencing with Section 7060) of Division 7 of Title 1 of the California Government Code to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application. J. Stormwater Management. The urban lot split shall comply with the requirements of the City' s National Pollutant Discharge Elimination System ( NPDES) permit as implemented by Chapter 13. 18 of this code, including, but not limited to, submittal of a grading and drainage plan prepared by a registered civil engineer. K. Utility Providers. The requirements of the parcel' s utility providers shall be satisfied prior to recordation of a parcel map. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

17. 86. 070 Urban Lot Splits —Approval Process

Applications for urban lot splits shall be submitted and processed in compliance with the following requirements. A. Application Type. An urban lot split shall be reviewed by the City Engineer as a ministerial application for a parcel map. A tentative parcel map shall not be required. B. Concurrent Submittal. A parcel map for an urban lot split may not be approved except in conjunction with a concurrently submitted application for a zoning clearance pursuant to Chapter 18. 71 of the Zoning Code. Development of the resulting parcels is limited to the proposed housing development approved by the zoning clearance. C. Application Filing. An application for a parcel map for an urban lot split, including any application materials and fees applicable to the City's ministerial application review, shall be filed with the Community Development Department in compliance with Chapter 17. 64 of this code. D. Referral. The City Engineer shall refer the parcel map application to the Community Development Director, Fire Chief, and utility agencies for review prior to recordation. E. Application of Objective Standards. Pursuant to California Government Code Section 66411. 7( c)( 2), the City Engineer shall not impose objective zoning standards, objective subdivision standards, or objective design review standards that would have the effect of physically precluding the construction of up to two primary dwelling units on either of the resulting parcels or that would result in a unit being a size of less than 800 square feet. F. Denial. The City Engineer may deny an application for an urban lot split that meets the requirements and restrictions of this chapter only if the Building Official makes a written finding, based upon a preponderance of evidence, that the proposed housing development located on the proposed new parcels would have a specific, adverse impact, as defined and determined in California Government Code Section 65589. 5( d)( 2), upon public safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. G. Appeals. A decision of the City Engineer on a parcel map for an urban lot split is a ministerial action and is not appealable. Ord. No. 2022- 18, Enacted, 10/ 04/ 22)

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Chapter 17. 88

Enforcement

Sections:

17. 88. 010 Violation - Reporting
18. 88. 020 Violation - Notice
19. 88. 030 Development Permits and Approvals Withheld
20. 88. 040 Certificates of Compliance
21. 88. 050 Appeal
22. 88. 060 Violation - Penalty

Section 17. 88. 010 Violation - Reporting

Whenever the County Assessor or the head of any City department finds that the provisions of this title or of the Subdivision Map Act have been violated, he shall report such violation to the City Engineer, Building Official and the Director of Planning. It shall be the duty of the Building Official to investigate such report and enforce the provisions of this title and the Subdivision Map Act. Prior Code 28- 11. 2)

Section 17. 88. 020 Violation - Notice

Whenever the City has knowledge that real property has been divided in violation of the

provisions of the Subdivision Map Act or of City ordinances enacted pursuant thereto, the Director of Planning shall cause to be filed for record with the County Recorder a tentative notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence. At least 30 days prior to the recording of the final notice, the owner of the real property shall be advised in writing of the intention to record a final notice of violation and specifying a time, date and place at which the owner may present evidence to the City Council why such notice should not be recorded. If, after the owner has presented evidence, the City Council determines that there has been no violation, the Director of Planning shall forthwith file a release of the tentative notice of violation with the County Recorder, and if the City Council determines that there has been a violation, the Director of Planning shall forthwith file a notice of violation with the County Recorder. Prior Code 28- 11. 3)

Section 17. 88. 030 Development Permits and Approvals Withheld

A. No building permit, grading permit nor any other permit shall be issued, nor any

approval granted, that is necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of the Subdivision Map Act or City ordinances enacted pursuant thereto applicable at the time such division occurred, unless the Director of Planning, or on appeal, the City Council, finds that development of such real property is not contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefore was the owner of the real property at the time of such violation or whether the applicant therefore is the current owner of the real property with, or without, actual or constructive knowledge of the violation at the time of the acquisition of his interest in such real property.

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B. Whenever any person submits an application to the Building Official for a building permit for proposed construction of more than one main building as defined in the zoning ordinance on any single lot or building site, the Building Official shall refer such application together with the plot plan to the Director of Planning for his determination as to whether such proposed construction would create a subdivision. The Building Official shall not issue a building permit for such proposed construction unless the Director of Planning has approved the plot plan and determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this title. C. Upon receipt of a written notification from the permit issuing authority, or the body authorized to grant approval, that a permit or approval is being sought to develop real property which has been subdivided, or which has resulted from a division in violation of the Subdivision Map Act or City ordinances enacted pursuant thereto, or upon receipt of a written request from the owner of such real property, the Director of Planning, or on appeal, the City Council shall determine whether such real property is or is not approved for development, and shall so inform the owner thereof and the authority or body which has originated such notification. If it is determined that such real property is approved for development, the Director of Planning, or on appeal, the City Council, may impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and which has been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto, provided that if a conditional certificate of compliance has been filed for record pursuant to the provisions of Section 17. 88. 040, only such conditions stipulated in such certificate shall be applicable. D. In determining whether approval or conditional approval should be granted for development of real property divided, or resulting from a division, in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto, the Director of Planning and the City Council shall give consideration to: 1. Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefore; 2. Whether the real property meets the requirements of the applicable zoning regulations; 3. Whether the real property is served by a public sewer or is approved by the director of public health for installation of a private subsurface sewage disposal system; 4. Whether the real property has a potable water supply satisfactory to the director of public health; 5. Whether the real property has legal access to a public dedicated street; 6. Whether the current owner would have been required to dedicate land for any public purpose to construct or install any improvements pursuant to the terms of the Subdivision Map Act or City ordinances enacted pursuant thereto had the subdivision by which such real property was created been submitted for approval at the time the current owner acquired the property. Prior Code 28- 11. 4)

Section 17. 88. 040 Certificates of Compliance

A. Any owner of real property may request in writing that the Director of Planning

make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto. Within 50 days after receipt of such written request, the Director of Planning shall make a determination that such real property complies with the applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto, or that such real property does not comply with said, provisions.

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B. If the subject real property is found to be in compliance with the Subdivision Map

Act and City ordinances enacted pursuant thereto, the Director of Planning shall cause a certificate of compliance relative to such real property to be filed for record with the County Recorder which shall identify the real property and shall state that the division thereof complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto. C. If the subject real property is found not to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the Director of Planning, or on appeal, the City Council, may impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and which had been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto. Upon making such a determination and establishing such conditions the Director of Planning shall cause a conditional certificate of compliance setting forth such conditions to be filed for record with the County Recorder, but compliance with such conditions shall not be required until such time as a building permit or grading permit is issued by the City. D. The certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 17. 88. 030. E. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein, and no additional certificate of compliance shall be issued therefore. Prior Code 28- 11. 5)

Section 17. 88. 050 Appeal

Any decision of the City Planner may be appealed pursuant to Section 18. 04. 150. Prior Code 28- 11. 6; Ord. No. 91- 18, Amended, 07/ 09/ 91)

Section 17. 88. 060 Violation — Penalty

Any person violating any of the provisions of this title shall be guilty of a misdemeanor

and shall be subject to the provisions of Section 1. 16. 010 of this code. Prior Code 28- 11. 8)

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Chapter 18.02

Purpose, Interpretation and Definitions