CC Ordinance 1619ORDINANCE NO. 1619
BEING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CAMPBELL AMENDING TITLES 1, 2, 3, 5, 6,
8, 10, 11, 13, 17 AND 20 OF THE CAMPBELL MUNICIPAL CODE.
The City Council of the City of Campbell does ordain as follows:
Section One: That Titles 1, 2, 3, 5, 6, 8, 10, 11, 13, 17 and 20
of the Campbell Municipal Code be amended as set forth in Exhibit "A"
attached hereto.
Section Two: That these amendments become effective 30 days
subsequent to final adoption of this ordinance.
PASSED AND ADOPTED this 29th day of October , 1986 by the
following roll call vote:
AYES: Councilmembers: Ashworth, Doetsch, Watson, Podgorsek, Kotowski
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
4ichael F,i Kotowski, Mayor '
ATTEST:
Barbara Olsasky, City Clerk
Current
Propose 1
1.01.010 Adoption. ** Pursuant
to the provisions of Sections
50022.1 through 50022.8 and
50022.10 of the California
Code Annotated, there is ad-
opted the "Campbell Municipal
Code, Revised" as published
by Book Publishing Company,
Seattle, Washington, together
with those secondary codes adopted
by reference as authorized by the
California State Legislature,
save and except those portions
of the secondary codes as are
deleted or modified by the
provisions of the "Campbell
Municipal Code, Revised."
(a) Uniform Building Code,
Volume 1;
(b) Uniform Building Code
Standards, 1979 Edition, as pub-
lished by the international Con-
ference of Building Officials;
(c) Uniform Plumbing Code,
1979 Edition;
(d) Uniform Mechanical Code,
1979 Edition;
(e) National Electric Code,
1978 Edition, as published by the
National Fire Prevention Association;
(f) Uniform Fire Code, 1979
Edition; save and except those
portions of the preceding sec-
ondary codes are deleted, modi-
fied or amended by provisions of
the "Campbell Municipal Code,
Revised." From and after the
effective date of the ordinance
codified herein, the "Campbell
Municipal Code, Revised" shall
constitute the penal regulatory
ordinances of the City of
Campbell, California.
)Ord. 800 Sec.l, 1971).
1.01,010 Adoption; Incorporated Codes:
Uniform Administrative Code; Uniform
Building Code; Uniform Building Code
Standards; Uniform Plumbing Code;
Uniform Mechanical Code; National
Electric Code; Uniform Fire Code.
Pursuant to the provisions of Sec.
50022.1 through 50022.8 and 50022.10
of the California Code Annotated,
there is adopted the "Campbell
Municipal Code, Revised" as published
by Book Publishing Company, Seattle
Washington, together with those
secondary codes adopted by reference
as authorized by the California State
Legislature, save and except those
portions of the secondary codes as
deleted or modified by the provisions
of the "Campbell Municipal Code,
Revised." Incorporated Codes include:
(a) Uniform Building Code,1979 1982
Edition, Volume 1;
(b) Uniform Building Code Standards
1979 1982 Edition, as published by the
international conference of Building
Officials;
(c) Uniform Plumbing Code, 1979
1982 Edition;
(d) Uniform Mechanical Code, +979
1982 Edition;
(e) National Electric Code, 197$
1954 Edition, as published by the
National Fire Prevention Association;
Ng
Uniform Fire Code, 1979Edition
Uniform Administrative Code,
1982 Edition; save and except those
portions of the preceding secondary
codes as are deleted, modified or amended by provisions of the "Campbell --
Municipal Code, Revised." From and
after the effective date of the
ordinance codified herein, the
Campbell Municipal Code, Revised"
shall constitute the penal and
regulatory ordinances of the City of
Campbell, California.
(Ord. 800 Sec.1, 1971).
Reason for Change:
Compliance with Government Code
Section 50022.2; and update of
code sections pursuant to prior
Council action.
-1-
Current
1.04.010 General Penalty.
any person violating any of the
provisions or failing to comply
with any mandatory requirements
of the ordinances of the city
is guilty of a misdemeanor.
any person convicted of a
misdemeanor under the ordinances
of the city shall be punished
by a fine of not more than five
hundred dollars, or by imprisonment.
Each such person shall be guilty
of a seperate offense for each and
every day during any portion of
which any violation of any provi-
sion of the ordinances of the city,
is commited, continued, or per-
mitted by any such person, and he
shall be punished accordingly.
(Ord. 786 Sec.l, 1971:
Prior Code Sec. 1200).
Proposes
1.04.010 General Penalty.
Any person violating any of the
provisions or failing to comply with
any of the mandatory requirements of
the ordinances of the city is guilty
of a misdemeanor. Any person con-
victed of a misdemeanor under the
ordinances of the city shall be
punished by a fine of not more than
€3*ae-i�c�neleel-de��ars one thousand
dollars, or by imprisonment not to
exceed six months, or by both such
fine and imprisonment. Each such
person shall be guilty of a separate
offense for each and every day during
any portion of which any violation
of any provision of the ordinances
of the city, is commited, continued,
or permitted by ant such person, and
shall be punished accordingly.
(Ord. 786 Sec.l, 1971:
Prior Code Sec. 1200).
Reason for Changes
Amendment to Goverment Code
Section 36901.
-2-
CURRENT
2.12.050 - Attendance at Commission
meetings.
The city manager may attend any and
all meetings of the planning com-
mission, recreation or park commis-
sion, and any other commissions,
boards or committees of the city
council. At such meetings which
the city manager attends, he shall
be heard by such commissions,
boards or committees as to all
matters upon which he wishes to
address the members thereof, and he
shall inform the members as to the
status of any matter being con-
sidered by the city council and he
shall cooperate to the fullest ex-
tent with the members of all com-
missions, boards or committees
appointed by the city council.
(Prior code 2202.2).
Section 2.14.110 (2nd paragraph)
The City Manager, Assistant City Manager,
City Attorney, Fire Chief, Public Works
Drector, Police Chief, Building Official,
Finance Director, Planning Director,
Community Services Director, City Clerk
and Personnel Analyst are authorized
to have access . . .
PROPOSED
2.12.050 - Attendance at Commission
meetings.
The city manager may attend any and
all meetings of the planning com-
mission, parks and recreation com-
mission, and any other commissions,
boards or committees of the city
council. At such meetings which
the city manager attends, he shall
be heard by such commissions,
boards or committees as to all
matters upon which he wishes to
address the members thereof, and he
shall inform the members as to the
status of any matter being con-
sidered by the city council and he
shall cooperate to the fullest ex-
tent with the members of all com-
missions, boards or committees
appointed by the city council.
(Prior code 2202.2).
REASON FOR CHANGE
Correct title.
The City Manager, Assistant City Manager,
City Attorney, Fire Chief, Public Works
Director, Police Chief, Building Official,
Planning Director, Recreation and Community
Services Director, City Clerk and
Personnel Analyst Manager are authorized
to have access . . .
REASON FOR CHANGE
Title changes.
-3-
CURRENT
2.20.010 Departments created:
(6) City clerk's office. (Ord. 485
%3 (part), 1964: prior code 92400).
2.20.030 Boards --Commissions.
(4) Such other commissions as are
authorized by law and which the
city council deems necessary to
appoint. (Ord. 485 $3 (part),
1964: prior code $Q 402).
F
-4-
PROPOSED
2.20.010 Departments created:
(8) City clerk's office.
(9) Recreation & Community Services
Department. (Ord. 485 93 (part),
1964: prior code 92400).
REASON FOR CHANGE
ADD new department.
2.20.030 Boards --Commissions.
(4) Civic Improvement Commission
(5) Such other commissions are are
authorized by law and which the
city council deems necessary to
appoint. (Ord. 485 93 (part),
1964: prior code 92402).
REASON FOR CHANGE
ADD new commission.
CURRENT
2.32.010 - Established --Member
appointment.
There is created a parks and re-
creation commission consisting of
seven members, both men and/or
women. The parks and recreation
commission members shall be ap-
pointed as follows:
(1) Seven members to be re-
commended by the mayor for ap-
pointment by the council, all of
whom shall be residents of the
city.
(2) Three ex officio members,
without vote, may be appointed as
follows: the superintendant of
recreation, the superintendant of
public works, the city manager and
recreation director or coordinator
from school districts who are con-
ducting public recreation programs
in the Campbell area. (Prior code
2418).
-5-
PROPOSED
2.32.010 - Established --Member
appointment.
There is created a parks and re-
creation commission consisting of
seven members, -b-otirmerritnrdy-or.
wvmerr. The parks and recreation
commission members shall be ap-
pointed as follows:
(1) Seven members to be re-
commended by the mayor or a nomi-
nating committee appointed by the
council, for appointment by the
council, all of whom shall be resi-
dents of the city.
REASON FOR CHANGE
Conform with current Council policy
(2) DELETE
REASON FOR CHANGE
Ex officio members have not been
used for over 10 years; there is no
need for continuing this part of
the code.
CURRENT
PROPOSED
2.32.030 Organization. Within fifteen
days after their appointment the members
of the commission shall meet in regular
session and elect a chairman, a vice-
chairman, and a secretary. Their duties
shall respectively be such as are usually
carried by such officers. Officers shall
hold office for one year. All subsequent
appointees to the commission shall take
offfice in January of each succeeding
year.
2.32.030 Organization
(Paragraph 3)Minutes of the commission
shall be filed with the clerk, the city
attorney, the manager, the super-
intendent of the elementray school
district, the members of the commission
and ex officio members. (Ord. 1546
(part), 1985; prior code $2420).
2.32.040 Duties --Responsibilities
(3) Advise the school district and/or
city recreation coordinators on policy
problems concerned with the recreation
program;
(9) Advise the city manager and city
council of the needs for moneys during
the preparation of the annual budget
for recreation and parks service and
recommend a long-range capital improve-
ment program for these services. (Prior
code g2421).
2.32.030 Organization. Within fifteen
days after their appointment the
members of the commission shall meet in
regular session and elect a chairman
and a vice-chairman. erd-n-3e_�etnry:
Their duties shall respectively be such
such as are usually carried by such
officers. Officers shall hold office
for one year. All subsequent
appointees to the commission shall
take office in January of each succeed
ing year.
REASON FOR CHANGE
The duties of secretary are handled by
regular city clerical staff, so the
commissions do not elect a secretary.
2.32.030 Organization
Minutes of the commission shall be
filed with the city clerk, the city
attorney, the city manager, the super-
intendent of the elementary school
district, the members of the
commission, and ex officio members,
and applicable department heads. (Ord.
1546 (part), 1985; prior code S�2420).
REASON FOR CHANGE
Clarification and add appropriate staff
to distribution.
2.32.040 Duties --Responsibilities
(3) Advise the school district and/or
city recreation personnel on policy
problems concerned with the recreation
program;
(9) Advise the city manager and city
council of the needs for monies during
the preparation of the annual budget
for recreation and parks service and
recommend a long-range capital improve-
ment program for these services.
(Prior code $2421).
REASON FOR CHANGE
Change in term. Correct spelling.
CURRENT
PROPOF
2.32.060 Appropriations for park and
recreation.
In jointly sponsored park and recreation
programs, the council shall appropriate
such moneys as are required to meet its
contractual share of the budget as is
determined by joint contractual
agreements or informal agreements
between the city and any other
governmental agency or agencies
participating in the program. (Prior
code $2423).
2.33.010 Established - Member Appointment
There is created a civic improvement
commission consisting of seven members,
both men and/or women.
Section 2.33.020 Terms of Office
(Civic Improvement Commission)
. . .All subsequent new terms commence in
January of each succeeding year and the
expiration date for expiring terms shall
be in December of each succeeding year.
Chapter 2.34 Youth Advisory Commission
Sections:
2.34.010 Established --Member appointed
2.34.020 Terms of Office.
2.34.030 Organization.
2.34.040 Duties --Responsibilities.
2.34.050 Council's powers.
2.32.060 Appropriations for park and
recreation.
In jointly sponsored park and
recreation programs, the city council
shall appropriate such monies as are
required to meet its contractual share
of the budget as is determined by joint
contractual agreements or informal
agreements between the city and any '
other governmental agency or agencies
participating in the program. (Prior
code ,62423) .
REASON FOR CHANGE
Clarification term. Correct spelling.
2.33.010 Established - Member Appointment
There is created a civic improvement commission
consisting of seven members, bath-men-aa474eE
WGW&R.
. . .All subsequent new terms commence
in daxxayy September of each succeeding
year and the expiration date for expiring
terms shall be in Peeeffibe August of
each succeeding year.
Reason for Change: To correspond to
current practice.
DELETE
(DELETION INCLUDES ENTIRE CHAPTER, ALL
SECTIONS AND INFORMATION CONTAINED
THEREIN --portion of page 26-3, and all
of pages 26-2b, 26-3, 26-4)
REASON FOR CHANGE.
This commission was disbanded by city
council.
-7-
CURRENT
eROPOSED
Chapters:
3.12 In Lieu Tax. Motor Vehicle License
FURd
3.16 Motor Vehicles Fines Feed
3.04.010 Establishment.* The City Council
creates and establishes the following
"funds" in the City Treasury:
(1) General fund;
(2) Special gas tax street improvement
fund;
(3) In lieu tax, also described as the
motor vehicle license fees fund;
(4) Motor vehicle fines and forfeitures
fund. (Prior Code S 2500)
Chapters:
3.12 In Lieu Tax. Motor Vehicle License
Fee ----
3.16 Motor Vehicle Fines ----
REASON FOR CHANGE
State of California no longer requires
separate funds be maintained.
3.04.010 Establishment.* The City Council
creates and establishes the following
fund types:
(1) General fund;
(2) Special revenue funds;
(3) Dept service funds;
(4) Capital projects funds;
(5) Internal service funds;
(6) Enterprise funds;
(7) Trust and agency funds;
(8) General long-term debt funds;
(9) General fixed assets fund.
REASON FOR CHANGE
To conform to national governmental
accounting and reporting standards.
S
CURRENT
PROPOSED
Chapters:
3.04.030 Transfers. Except as may be now
or in the future authorized by state law,
there shall be no transfer of monies
from one fund to the other.
(Prior Code S 2502)
3.04.040 Depositories. All funds of the
city shall be or caused to be deposited
in such depositories as the City Council
may from time to time designate by reso-
lution, subject only to the conditions
imposed by general statutes regulating
the selection of depositories and con-
tractual engagements with the same.
(Prior Code S 2503)
3.08.030 Expenditures.
tioned, allocated and
State of California as
motor vehicle license
beverage control fees
in this fund which is
motor vehicle license
(Prior Code S 2502.2)
Chapters:
3.04.030 Transfers. Transfers from one
fund to another shall only be made when
in accordance with the adopted operating
budgets and shall be subject to any re-
strictions imposed by state law.
REASON FOR CHANGE
To provide the necessary flexibility for
the maintenance of detailed accounting
records.
3.04.040 Depositories. All funds of
the city shall be or caused to be de-
posited in such depositories as the
City Council may authorize LZ approval
of an investment and cash management
policy, which policy shall be reviewed
and revised as necessary on an annual
basis Ly the City Council
(Prior Code S 2503)
REASON FOR CHANGE
California government code and AB 1073
now requires the adoption of a policy
governing the investment of the city's
idle cash and an annual review of the
policy by the City Council.
Chapter 3.08
Special Gas Tax Street Improvement Fund
All Funds appor-
paid over by the
the city's share
fees and alcoholic
shall be deposited
also described as
fee fund.
of
the
3.08.030 Expenditures
DELETE
REASON FOR CHANGE
This is an incorrect statement. These
funds are designated as General Fund
Revenues. Note the duplication of this
statement in Chapter 3.12.010, which is
also incorrect.
CURRENT
PROPOSED
Chapters:
Chapter 3.12
In Lieu Tax - Motor Vehicle License Fee Fend
3.12.010 Deposit of funds. All funds
apportioned, allocated and paid over by
the State of California as the city's
share of motor vehicle license fees and
alcoholic beverage control fees shall
be deposited in this fund which is also
described as the motor vehicle license
fee fund.
(Prior Code S 2506)
3.13.020 Use. Money paid into the in lieu
tax fund shall be used for such purposes
as are permissible by the state law.
(Prior Code S 2506.1)
Money received from the
motor vehicle license fee shall be used
for such purposes as are permissible by
the state law.
(Prior Code S 2506.1)
REASON FOR CHANGE
By changes to Chapter 3.12.010, listed
above, there will no longer be a Motor
Vehicle License Fee Fund.
Chapter 3.16
Motor Vehicles Fines Fund
3.16.010 Generally.* All motor vehicle
Tines apportioned, allocated to and paid
over to the city by the State of California
as the city's share of motor vehicle fines
and forfeitures, shall be deposited in the
motor vehicle fines fund.
(Prior Code S 2507)
3.16.020 Use.
Moneys paid into the motor
vehicle fines and forfeitures fund shall
be used for the purposes as are permissible
by state law. (Prior Code S 2507.1)
Chapters:
3.12.010 Deposit of funds. All funds
apportioned, allocated and paid over by
the State of California as the city's
share of motor vehicle license fees
shall be deposited in the general
fund.
REASON FOR CHANGE
State law no longer requires a separate
motor vehicle license fee fund. Alco-
holic beverage control fees were never a
part of the motor vehicle license fee
See duplication in Chapter 3.08.030.
3.13.020 Use.
3.16.010 Generally.* All motor vehicle
fines apportioned, allocated to and paid
over to the city by the State of Cali-
fornia as the city's share of motor
vehicle fines and forfeitures, shall be
deposited in the motor vehicle fines
account.
(Prior Code S 2507)
3.16.020 Use. Moneys paid into the motor
vehicle fines and forfeitures account
shall be used for the purposes as are
permissible by state law.
(Prior Code S 2507.1)
CURRENT
PROPOSED
3.16.020 Use. (continued)
Chapters:
3.16.020 Use.
(continued)
REASON FOR CHANGE
State law no longer requires a separate
fund for these revenues; only that they
be identified by a separate revenue
account within the General Fund.
Chapter 3.20
Purchasing Procedure
3.20.030 Purchasing Officer
(4) Keep informed of current devel-
opments in the file of purchasing, prices,
market conditions, services and new pro-
ducts;
3.20.080 Sale of obsolete personal
property. The Police department shall
sell wornout, scrap or obsolete personal
property, or exchange the same for, or
trade in the same on new supplies and
equipment, including property of all
departments, by soliciting bids. If
the value of the property to be sold
is of a value of two hundred dollars
or less, the sale shall be approved
by the City Manager. In the event
the value of the property to be sold
is more than two hundred dollars, the
sale shall be subject to the approval
of the City Council. A list of city
property which is sold or traded shall
be provided to the Finance Department
for equipment inventory/audit purposes.
(Ord. 1425 S1 (part), Prior Code S
2225(8)).
-1 1-
Chapters:
3.20.020 Puchasing Officer
(4) Keep informed of current devel-
opments in the field of purchasing,
prices, market conditions, services and
new products;
REASON FOR CHANGE
Incorrect word.
3.20.060 Sale of obsolete personal
property. The Police department shall
sell wornout, scrap or obsolete personal
property of all departments at its re-
gularly -scheduled auctions. If the book
value of the property to be sold is
of a value of two hundred dollars or
less, the sale shall be approved by the
City Manager. In the event the book
value of the property to be sold is more
than two hundred dollars, the sale shall
be subject to the approval of the City
Council. A list of city property which
is sold or traded, including the cash
received or the trade-in value allowed,
shall be provided to the Finance Depart-
ment for equipment inventory/audit pur-
poses. (Ord 1425 S1 (part), 1982:
Prior Code S 2225(8)).
REASON FOR CHANGE
To change procedure to conform to in-
tended and actual practice. To clarify
the meaning of value and to clarify in-
formation to be provided to Finance
Department for audit purposes.
CURRENT
PROPOSED
Chapter 3.24
Claim, Demands and Warrants
Chapters: Chapters:
3.24.010 Presentation of claims. 3.24.010 Presentation of claims.
(a) All claims or demands against city
arising out of contract shall be made in
writing and shall be filed with the city
clerk not later than thirty days from the
date of the furnishing of supplies or
materials, or from the date the last
service is rendered. The claim shall set
forth in reasonable detail, for what the
claim or demand is presented, and in the
case of materials, supplies or services
furnished the city shall be supported by
a written statement, invoice, purchase
order or the agreement or contract number,
if any, pursuant to which such claim or
demand is made.
(c) All claims and demands arising out
of contract shall be submitted by the
city clerk to the finance director for
investigation and audit before a warrant
for the claim or demand is prepared.
3.24.020 Procedure for auditing. All
claims or demands shall be prepared on
individual warrants by the finance
director. A register of all warrants
shall also be prepared and with the
individual warrants shall be audited
and approved by the city manager prior
to presentation to the city council.
All warrants registered of audited
demands shall be presented to the city
council at a regular or regularly ad-
journed meeting for approval or reject-
ion and shall have attached thereto
the signatures of the city manager and
finance director certifying that the de-
mands or claims and funds are available
for payment thereof.
(a) All claims or demands against city
arising out of contract shall be made in
writing and shall be filed with the
finance director not later than thirty
days from the date of the furnishing of
supplies or materials, or from the date
the last service is rendered. The claim
shall set forth in reasonable detail,
for what the claim or demand is pre-
sented, and in the case of materials,
supplies or services furnished the city
shall be supported by a written invoice
identifying the purchase order number,
or the agreement or contract number,
if any, pursuant to which such claim or
demand is made.
(c) DELETE
REASON FOR CHANGE
To eliminate the unnecessary step be-
tween the city clerk and finance
director.
3.24.020 Procedure for auditing. All
claims or demands shall be prepared on
individual checks by the finance director.
A register of all checks shall also be
prepared and with the individual checks
shall be audited and approved by the
city manager prior to presentation to
the city council.
A list of audited demands shall be
presented to the city council at a regu-
lar or regularly adjourned meeting for
approval or rejection and shall have
attached thereto the signatures of the
city manager and finance director certi-
fying that the demands or claims are
proper and funds are available for payment
thereof.
REASON FOR CHANGE
Correction of terminology used.
CURRENT
PROPOSED
�.i:ayLCY"S
3.24.030 Payment of claims. When any claim
or demand is allowed by the council, the
mayor, city clerk or city treasurer shall
draw a warrant or warrants, upon the trea-
sury for the same as allowed, specifying
the purpose for which drawn and the funds
from which payment is to be made. The
check(s) shall be manually signed by two
of the above -named officers of the city
who shall have executed an official bond
to the city covering the faithful perfor-
mance by such officer of the duties of his
office. (Prior code S 2602)
3.32.010 Short title.
Chapters:
3.24.030 Payment of claims. When any
claim or demand is allowed by the council,
the finance director shall prepare a check
or checks upon the treasury for the same
as allowed, specifying the purpose for
which drawn and the accounts against which
the payment is to be charged. The check(s)
shall be manually or facsimile signed by
the mayor and city clerk.
REASON FOR CHANGE
To update the code to reflect changes in
procedures to those currently in effect
and to change terminology, i.e. "warrants"
replaced by "checks".
Chapter 3.32
Sales and Use Tax*
The ordinance
codified in this chapter shall be known
as the uniform local sales and use tax
ordinance (Ord. 917 (part), 1973).
3.32.020 Rate. The rate of sales tax
and use tax imposed by this chapter
shall be one percent (Ord. 1544 S1,
1985: Ord. 917 (part), 1973).
3.32.030 Operative date. The ordinance
codified in this chapter shall be
operative on January 1, 1974. (Ord 917
(part), 1973).
3.32.040 Purpose. The city council
declares that this chapter is adopted
to achieve the following, among other,
purposes and directs that the provisions
of this chapter be interpreted in order to
accomplish those purposes:
To adopt a sales and use tax
ordinance which complies with the
requirements and limitations contained
in Part 1.5 of Division 2 of the
Revenue and Taxation Code;
-1 3 -
3.32.010 Short title
DELETE ENTIRE SECTION
3.32.020 Rate
DELETE ENTIRE SECTION
3.32.030 Operative date
DELETE ENTIRE SECTION
3.32.040 Purpose.
DELETE ENTIRE SECTION
CURRENT
Chapters:
3.32.050 Contract with state.
Prior to the operative date, this city
shall contract with the State Board of
Equalization to perform all functions
incident to the administration and
operation of this sales and use tax
chapter; provided, that if this city
has not contracted with the State
Board of Equalization prior to the
operative date, it shall nevertheless
so contract and in such a case the
operative date shall be the first day
of the first calendar quarter follow-
ing the execution of such a contract
rather than the first day of the
first calendar quarter following the
adoption of the ordinance codified in
this chapter. (Ord. 917 (part), 1973).
3.32.060 Sales tax. For the privilege
of selling tangible personal property
at retail, a tax is imposed upon all
retailers in the city at the rate stated
in Section 3.32.020 of the gross receipts
of the retailer from the sale of all
tangible personal property sold at
retail in this city on and after the
operative date. (Ord. 917 (part), 1973).
3.32.070 Place of sale. For the pur-
poses of this chapter, all retail sales
are consummated at the place of business
of the retailer unless the tangible
personal property sold is delivered by
the retailer or his agent to an out-of-
state destination or to a common carrier
for delivery to an out-of-state destin-
ation. The gross receipts from such
sales shall include delivery charges,
when such charges are subject to state
sales and use tax, regardless of the
place to which delivery is made. In
the event a retailer has no permanent
place of business in the state or has
more than one place of business, the
place of places at which the retail
sales are consummated shall be determined
under rules and regulations to be pre-
scribed and adopted by the State Board
of Equilization. (Ord. 917 (part), 1973).
PROPOSED
Chapters:
3.32.050 Contract with state.
DELETE ENTIRE SECTION
3.32.060 Sales tax.
DELETE ENTIRE SECTION
3.32.070 Place of sale.
DELETE ENTIRE SECTION
CURRENT
Chapters:
3.32.080 Use tax. An excise tax is
imposed on the storage, use or other
consumption in this city of tangible
personal property purchased from any
retailer on and after the operative date
for storage, use or other consuption in
this city at the rate stated in Section
3.32.020 of the sales price of the
property. The sales price shall in-
clude delivery charges when such
charges are subject to state sales
or use tax regardless of the place
to which delivery is made. (Ord.
917 (part), 1973).
3.32.090 Adoption of provisions of
state law. Except as otherwise pro-
vided in this chapter and except
insofar as they are inconsistent with
the provisions of Part 1.5 of Division 2
of the Revenue and Taxation Code, all
of the provisions of Part 1 of Division
2 of the Revenue and Taxation Code are
adopted and made a part of this
chapter as though fully set forth in
this chapter. (Ord. 917 (part), 1973).
3.32.100 Limitations on adoption of
state law. In adopting the provisions
of Part 1 of Division 2 of the Revenue
and Taxation Code, wherever the state is
named or referred to as the taxing
agency, the name of this city shall be
substituted therefor. The substitution,
however, shall not be made when the word
"State" is used as part of the title of
the State Controller, the State Treasurer,
the State Board of Control, the State
Board of Equalization, the State Treasury
or the Constitution of the State of
California; the substitution shall not be
made when the result of that substitution
would require action to be taken by or
against the city or any agency thereof
rather than by or against the State Board
of Equalization, in performing the
functions incident to the administration
PROPOSED
Chapters:
3.32.080 Use tax.
DELETE ENTIRE SECTION
3.32.090 Adoption of provisions of
state law.
DELETE ENTIRE SECTION
3.32.100 Limitations on adoption of
state law.
DELETE ENTIRE SECTION
-1 5 -
CURRENT
Chapters:
3.32.100 Limitations on adoption of
state law. (continued)
or operation of this chapter; the sub-
stitution shall not be made in those
sections, including, but not necessarily
limited to, sections referring to the
exterior boundaries of the state, where
the result of the substitution would be
to provide an exemption from this tax
with respect to certain sales, storage,
use or other consumption of tangible
personal property which would not other-
wise be exempt from this tax while such
sales, storage, use or other consumption
remain subject to tax by the state
under the provisions of Part 1 or
Division 2 of the Revenue and Taxation
Code, or to impose this tax with respect
to certain sales, storage, use or
other consumption of tangible personal
property which would not be subject to
tax by the state under the provisions
of that code; the substitution shall
not be made in Sections 6701, 6702,
(except in the last sentence thereof),
6711, 6715, 6737, 6797, or 6828 of the
Revenue and Taxation Code; and the sub-
stitution shall not be made for the word
"State" in the phrase "retailer engaged
in business in this State" in the phrase
"retailer engaged in business in this
State" in Section 6203 or in the defini-
tion of that phrase in Section 6203.
(Ord. 917 (part), 1973).
3.32.110 Permit not required.
If a seller's permit has been issued
to a retailer under Section 6067 of the
Revenue and Taxation Code, an additional
seller's permit shall not be required by
this chapter. (Ord. 917 (part), 1973).
PROPOSED
Chapters:
3.32.100 Limitations on adoption of
state law. (continued)
DELETE ENTIRE SECTION
3.32.110 Permit not required.
DELETE ENTIRE SECTION
-1 6 -
CURRENT
Chapters:
3.32.120 Exclusions and exemptions.
(a) The amount subject to tax shall not
include any sales or use tax imposed by
the State of California upon a retailer
or consumer.
(b) The storage, use, or other consump-
tion of tangible personal property, the
gross receipts from the sale of which
have been subject to tax under a sales
and use tax ordinance enacted in
accordance with Part 1.5 of Division 2
of the Revenue and Taxation Code by
any city and county, county, or city,
in this state shall be exempt from the
tax due under this chapter.
(c) There are exempted from the compu-
tation of the amount of the sales tax
the gross receipts from the sale of
tangible personal property to operators
of aircraft to be used or consumed
principally outside the city in which
the sale is made and directly and exclu-
sively in the use of such aircraft as
common carriers of persons or property
under the authority of the laws of this
state, the United States, or any foreign
government.
(d) In addition to the exemptions pro-
vided in Sections 6366 and 6366.1 of the
Revenue and Taxation Code the storage,
use, or other consumption of tangible
personal property purchased by operators
of aircraft and used or consumed by
such operators directly and exclusively
in the use of such aircraft as common
carriers of persons or property for hire
or compensation under a certificate of
public convenience and necessity issued
pursuant to the laws of this state, the
United States, or any foreign government
is exempted from the use tax. (Ord. 1496
S1, 1873: Ord. 917 (part), 1973).
Chapters:
-1 7 -
PROPOSED
3.32.120 Exclusions and exemptions.
DELETE ENTIRE SECTION
CURRENT
Chapters:
3.32.130 Exclusions and exemptions.
(a) The amount subject to tax shall not
include any sales or use tax imposed by
the state of California upon a retailer
or consumer.
(b) The storage, use, or other consump-
tion of tangible personal property, the
gross receipts from the sale of which
have been subject to tax under a sales
and use tax ordinance enacted in accor-
dance with Part 1.5 of Division 2 of
the Revenue and Taxation Code by any
city and county, county, or city in
this state shall be exempt from the tax
due under this chapter.
(c) There are exempted from the compu-
tation of the amount of the sales tax
the gross receipts from the sale of
tangible personal property to operators
of waterborne vessels to be used or
consumed principally outside the city
in which the sale is made and directly
and exclusively in the carriage of
persons or property in such vessels for
commercial purposes.
(d) The storage, use, or other consump-
tion of tangible personal property pur-
chased by operators of waterborne vessels
and used or consumed by such operators
directly and exclusively in the carriage
of persons of property of such vessels
for commerical purposes is exempted
from the use tax.
(e) There are exempted from the compu-
tation of the amount of the sales tax
the gross receipts from the sale of
tangible personal property to operators
of aircraft to be used or consumed
principally outside the city in which
the sale is made and directly and ex-
clusively in the use of such aircraft
as common carriers of persons or
property under the authority of the
laws of this state, the United States,
or any foreign government.
Chapters:
a41:19
PROPOSED
3.32.130 Exclusions and exemptions.
DELETE ENTIRE SECTION
CURRENT
PROPOSED
Chapters:
3.32.130 Exclusions and exemptions.
(continued)
(f) In addition to the exemptions pro-
vided in Sections 6366 and 6366.1 of
the Revenue and Taxation Code the
storage, use, or other consumption of
tangible personal property purchased
by operators of aircraft and used or
consumed by such operators directly
and exclusively in the use of such
aircraft as common carriers of persons
or property for hire or compensation
under a certificate of public conven-
ience and necessity issued pursuant
to the laws of this state, the United
States, or any foreign government is
exempted from the use tax. (Ord. 1496
S2, 1983: Ord. 917 (part), 1973).
3.32.140 Application of provisions
relating to exclusion and exemptions.
(a) Section 3.32.120 shall be operative
January 1, 1984.
(b) Section 3.32.130 shall be operative
on the operative date of any act of the
Legislature of the state of California
which amends Section 7202 of the Revenue
and Taxation Code or which repeals and
reenacts Section 7202 of the Revenue
and Taxation Code to provide an exemp-
tion from city sales and use taxes for
operators of waterborne vessels in the
same, or substantially the same, language
as the existing in subdivisions (i) (7)
and (i) (8) of Section 7202 as those
subdivisions read on October 1, 1983.
(Ord. 1496 SS3, 4, 1983: Ord. 917 (part),
1973).
3.32.150 Amendments. All subsequent
amendments of the Revenue and Taxation
Code which relate to the sales and use
tax and which are not inconsistent with
Part 1.5 of Division 2 of the Revenue
and Taxation Code shall automatically
become a part of this chapter. (Ord.
917 (part), 1973).
Chapters:
-1 9 -
3.32.130 Exclusions and exemptions.
(continued)
DELETE ENTIRE SECTION
3.07.170 AAp lication of provisions re-
lating to exclusion and exemptions.
3.07.160 Amendments. All subsequent
amendments of the Revenue and Taxation
Code which relate to the sales and use
tax and which are not inconsistent with
Part 1.5 of Division 2 of the Revenue
and Taxation Code shall automatically
become a part of this chapter. (Ord.
917 (part), 1973).
CURRENT
PROPOSED
Chapters:
3.26.160 Enjoining collection for-
bidden. No injunction or writ of mandate
or other legal or equitable process shall
issue in any suit, action or proceeding in
any court against the state or this city,
or against any officer of the state or
this city, to prevent or enjoin the
collection under this chapter, or Part 1.5
of Division 2 of the Revenue and Taxation
Code, of any tax or any amount of tax
required to be collection. (Ord. 917
(part), 1973).
3.32.170 Penalties. Any person violating
any of the provisions of this chapter is
guilty of a misdemeanor, and upon con-
viction thereof is punishable by a fine
of not more than five hundred dollars or
by imprisonment for a period of not more
than six months, or by both such fine and
imprisonment. (Ord. 917 (part), 1973).
3.32.180 Severability. If any provision
of this chapter or the application there-
of to any person or circumstance is held
invalid, the remainder of the chapter
and the application of such provision to
other persons or circumstances shall not
be affected thereby. (Ord. 917 (part),
1973).
3.32.190 Repeals. Ordinance No. 113,
adopted on the twenty-fourth day of
September, 1956, is repealed; provided
however, that said ordinance, as amended,
shall remain applicable for the purposes
of the administration of said ordinance
and the imposition of and the collection
of tax with respect to the sales of,
and the storage, use or other consumption
of, tangible personal property prior to
January 1, 1974, the making of referrals,
effecting credits, the disposition of
moneys collected, and for the commence-
ment or continuance of any action or
proceeding under said ordinance. (Ord.
917 (part), 1973).
-20-
Chapters:
3.26.160 Enjoining collection for-
bidden.
DELETE ENTIRE SECTION
3.32.170 Penalties.
DELETE ENTIRE SECTION
3.07.180 Severability. If any provision
of this chapter or the application there-
of to any person or circumstance is held
invalid, the remainder of the chapter
and the application of such provision to
other persons or circumstances shall not
be affected thereby. (Ord. 917 (part),
1973).
3.07.190 Repeals. Ordinance No. 113,
adopted on the twenty-fourth day of
September, 1956, is repealed; provided
however, that said ordinance, as amended
shall remain applicable for the purposes
of the administration of said ordinance
and the imposition of and the collection
of tax with respect to the sales of,
and the storage, use or other consumption
of, tangible personal property prior to
January 1, 1974, the making of referrals,
effecting credits, the disposition of
money collected, and for the commence-
ment or continuance of any action or
proceeding under said ordinance. (Ord.
917 (part), 1973).
CURRENT PROPOSED
Chan*ers: Chapters:
3.32.190 Repeals. (continued) 3.07.190 Repeals. (continued)
REASON FOR CHANGE
Sections 3.32.010 through 3.32.140 are
duplications of Sections 3.07.010, 020,
030, 040, 050, 060, 070, 080, 090, 100,
110, 120, 130, and 150.
Chapter 3.34
Transient Occupany Tax
3.34.020 Tax imposed. For the privilege
of occupancy in any hotel, each transient
is subject to and'shall pay a tax in the
amount of fire_percent of the rent charged
by the operator. ----
3.34.030 Exemptions.
(2) Any officer or employee of the
federal government, or state, or any
political subdivision thereof when
on official business;
3.340.130 Proceeds to general fund.
The proceeds derived from the transient
occupancy tax shall be accounted for
separately in the general fund. Such
money shall be expended only for the
following purposes:
(1) To develop, construct or establish
city beautification projects within the
city; and/or
(2) To promote and advertise conventions
and tourist facilities, resources, pro-
grams events and locations within the city;
and/or
(3) For such other or further purposes
to promote convention and tourist business
and activities within the city as the city
council may determine and approve. (Ord.
920 (part), 1973).
3.34.020 Tax imposed. For the privilege
of occupancy in any hotel, each transient
is subject to and shall pay a tax in the
amount of eight percent of the rent
charged by the operator. ----
3.34.030 Exemptions.
DELETE
3.340.130 Proceeds to general fund.
The proceeds derived from the transient
occupancy tax shall be accounted for
separately in the general fund.
REASON FOR CHANGE
To adjust policy to
1561 adopted by the
1985.
conform to Ordinance
City Council, June 18
-21-
M�.IN��:1�i1�i
5.01.060 Numbered plates. The city clerk
shall issue numbered plates to each
licensee who is issued a license for con-
ducting a business by vehicle; one plate
for each vehicle used, which plate shall
be placed conspicuously on the rear of
such vehicle. No person shall place any
such plate on a vehicle not used by the
licensee in such business, or drive or
operate a vehicle upon which a plate is
placed in violation of those provisions,
or drive or operate a vehicle engaged in
any such business, upon which no plate
is placed.
5.01.125 Identification cards required.
Concurrently with the issuance of a
license for any mechanical amusement
device which furnishes or may be operated
as a game, contest or amusement, or any
vending machine, weighing machine, or
machine or device furnishing astrological
readings, footease servicing, automatic
shoe shining, automatic instrumental or
phonographic music, the city clerk shall
issue and furnish an identification card
for each such device or machine so
licensed showing the name of the owner
and the location where such device or
machine is to be operated, and the name
and address of both the owner and the
operator of such device or machine.
Such identification card shall be and
remain attached to said device or
machine at all times. A change in the
particular device or machine at the
place of business specified on the
license may be made at the option of
the owner or operator thereof at any
time during the period designated in
the license where such change is the
substitution of a device or machine of
the same type and the owner or operator
thereof shall notify the city clerk of
such change.
-22-
Delete Section 5.01.060.
REASON FOR CHANGE:
Identification cards have never
been issued. Business certificates
are issued and must be exhibited in
accord with Section 5.01.095
Exhibiting License.
Delete Section 5.01.125.
Identification cards have never
been issued. Business certificates
are issued and must be exhibited in
accord with Section 5.01.095
Exhibiting License.
CURRENT
5.10.050 - Same --to be Delivered
Daily
The licensee shall on every busi-
ness day, on or before the hour
of twelve p.m., deliver to the
chief of police or his authorized
agents all such report forms as
are required to be made and kept
by the licensee, along with any
additional data or information
required in this chapter to be
obtained concerning any trans-
action, arranged in chronological
order and pertaining to all trans-
actions during the preceding business
day.
Such reports shall be kept in a
safe place made for that purpose
in the police department, and
shall be open to inspection only
by authorized law enforcement
officers of the state, or by other
persons upon an order of a court
having competent jurisdiction.
(Ord. 1007 1(part), 1976).
PROPOSED
5.10.040 - (Re -Number)
Reports
Every secondhand dealer shall report
daily or on the first working day
after receipt or purchase, all
descriptions of all property re-
ceived in pledge or purchased as
tangible personal property as de-
fined in Section 21627 of the
Business and Professions Code, in
whatever quantity received, in-
cluding property purchased as
tangible personal property at
wholesale, tangible personal pro-
perty taken in for sale or pos-
sessed on consignment for sale,
and tangible personal property
taken in trade.
The report shall be submitted to
the police chief executive of the
city or his or her designee, at
the place the police chief execu-
tive or his or her designee desi-
gnates for the submission of these
reports.
All reports shall be on forms
approved or provided at actual
cost by the Dept. of Justice. The
police chief executive or sheriff
who receives a report on a form
filed pursuant to the provisions
of this section shall daily submit
a legible copoy of the trans-
actions to the Dept. of Justice.
REASON FOR CHANGE:
------------------
Wording changed to conform with
State law.
-23-
CURRENT
5.10.030 - Reports to be sent to
chief of police -- Form
In addition to the keeping
of a permanent, bound record as
provided in Section 5. 10.020,
every person engaged in any of the
business specified in Section
5.10.010 shall be required at the
time of taking or receiving any
article in the business for which
he is so licensed to place the
description of the article or
thing pledged, received, or
taken on the face of a blank
record form three inches by
five inches, which forms shall
be provided by the chief of
police upon request. (Ord.
1007 1(part), 1976).
Ma
5. 10. 030 - Reports to be sent to
chief of police -- Form
CHANGE TO:
5.10.030 - Report required
-- Time
Every secondhand dealer des-
cribed in Sec. 5. 10. 010 shall re-
port daily, or on the first work-
ing day after receipt or purchase
of such property, on forms
either approved or provided at
actual cost by the Department of
Justice, all tangible personal
property which he or she has pur-
chased, taken in trade, taken in
pawn, accepted for sale on con-
signment, or accepted for auction-
ing, to the chief of police or to
the sheriff, in accordance with
the provisions of Sec. 5.10.040.
The report shall include, but not
be limited to, the following in-
formation:
(a) The name and address of the
intended seller of the property.
(b) A complete and reasonably
accurate description of such pro-
perty, including serial numbers
or other identifying marks or sym-
bols.
(c) A certificate by the intended
seller that to his or her know-
ledge and belief the information
is true and complete.
_REASON _FOR _CHANGE:
Rewritten to conform to the
Business & Professions Code.
CURRENT
5.10.010 - Definitions
For the purpose of this chap-
ter, the following words and phrases
shall have the meanings respectively
ascribed to them by this section:
(1) A "pawnbroker" includes every
person engaged in the business of
receiving goods in pledge as se-
curity for a loan.
(2) A "secondhand dealer," as
used in this chapter, means any
person, copartnerhsip, firm or
corporation whose principal busi-
ness is primarily that of engaging
in buying, selling, trading, taking
in pawn, accepting for sale or con-
signment, accepting for auctioning,
or auctioning secondhand personal
property. (Ord. 1007 1(part), 1976).
PROPOSED
5.10.010 - Definitions
DELETE
"Secondhand Dealer" - defined:
(a) A "secondhand dealer," as
used in this article, means and
includes any person, copartner-
ship, firm, or corporation whose
principal business in primarily
that of engaging in buying, sell-
ing, trading, taking in pawn,
accepting for sale on consignment
accepting for auctioning or
auctioning secondhand tangible
personal property.
(b) "Secondhand dealer" also in-
cludes any person who engages
in the business of buying or sell-
ing secondhand tangible personal
property in excess of 20 percent
of the gross sales and purchases
of goods or merchandise sold or
purchased in the regular course
of business.
REASON FOR CHANGE:
------------------
Wording changed to conform with
the Business & Professions Code.
-25-
CURRENT
5.10.040 - Same --Information re-
quired, separate form to be used
for each article received
The description to given of
Section 5. 10. 030 shall be the
description designated in this
section. The licensee shall
fill in such other blank spaces
as may appear upon the face of
such blank forms with data as is
designated on the form. A separate
form shall be provided and used
for each article pledged, received
or taken. On such blank record form
there shall be written by the pledgor,
or the person delivering the article,
in his own handwriting, his name and
address. No person shall sign any
other name than his true name, or
give any other address than his
true address. The licensee shall
then fill in a description of the
party so pledging or leaving any
such articles as the remaining
spaces on the card call for. Such
blank record forms shall be so
printed and subdivided that they
shall have space for filling in
the information required by the
chief of police to properly ad-
minister this chapter, including
the name of the license, the
article pledged, received, or
taken, and sufficient descrip-
tive material concerning such
article so as to properly identify
it. All blank spaces on such re-
cord form shall be filled in by
the licensee, with the proper in-
formation. (Ord. 1007 1(part), 1976).
5. 10. 040 - Same --information re-
quired, separate form to be used
for each article received
DELETE -
REASON FOR CHANGE-
-----------------=
Covered in Proposed 5.10.030.
-26-
CURRENT
`s. 10. 060 - inspection of Records
Records to be Kept in Chronological
Order
The records of the licensee
shall be at all reasonable times
open to the inspection of the
chief of police of the city or any
of his designees. All records of
transactions required to be kept
and made according to the provisions
of this chapter shall be kept in
chronological order by the licensee.
(Ord. 1007 1(part), 1976).
5.10.070 - Failure or Refusal to
Keep Records
No pawnbroker or secondhand
dealer, or any agent or employee
of such pawnbroker or secondhand
dealer shall fail, refuse or neg-
lect to file such reports as are
required in this chapter in the
manner, form, and at the time, and
in all respects in accordance with
the requirements of this chapter.
(Ord. 1007 1(part), 1976).
5.10.080 - Failure or Refusal to
Exhibit Records upon Request of
Authorized Persons
No pawnbroker or secondhand
dealer shall fail, refuse, or neg-
lect to exhibit to the chief of
police, or to his designees, or to
any officer authorized by law, immedi-
ately upon demand, any form or records
or any goods, wares, or merchandise,
pledged, bought or received by such
pawnbroker or secondhand dealer, or
by any agent or employee of such pawn-
broker or secondhand dealer. (Ord.
1007 1(part), 1976).
5. 10. 050 -Inspection of Records
Records to be Kept in Chronologi-
cal Order
REASON_ FOR CHANGE:
Keep in numerical order.
5.10.060 - Failure or Refusal to
Keep Records
REASON FOR CHANGE:
Keep in numerical order.
5.10.070 - Failure or Refusal to
Exhibit Records upon Request of
Authorized Persons
REASON FOR CHANGE:
------------------
Keep in numerical order.
-27-
CURRENT
5.10.090 - Articles to be held for
Thirty days, Exception -
All articles purchased, received
exchanged, pledged, or otherwise taken
into possession by any person oper-
ating any of the businesses enum-
erated in this chapter shall be
be segrated and made available for
inspection by the chief of police
or any officer authorized by law in
the place of business of the licensee
for a period of five days immediately
following receipt of the same. All
such articles shall be held for a
period of at least thirty days after
they have been received before being
sold, exchanged, or otherwise dis-
posed of or removed from the place
of business; except that such arti-
cle may be delivered or returned to
the true owner thereof or to his
authorized agent at any time.
During the thirty -day period, all
such property shall be kept and
exposed for police inspection during
busniess hours. (Ord. 1007 1 (part)
1976).
5. 10. 100 - Receiving goods, etc.,
from Intoxicated Persons
No person licensed pursuant to
this chapter, or his manager, or his
employee shall take or receive any
goods, articles, or thing for any
person who is in an intoxicated
condition. (Ord. 1007 1(part), 1976).
5.10.110 - Receiving Stolen Property
No person licensed pursuant to
this chapter shall receive any goods
articles or suspected known receiver
of stolen property, or from any per-
sons he may reasonably suspect to be
included within any of foregoing
categories. (Ord. 1007 1(part), 1976).
5.10.0130 - Articles to be held
for Thirty days, Exception
r_DaRetention of Posses -
of Property by Dealer for
y Period -
Every secondhand dealer shall
retain in his possession for a
for a period of 30 days all
tangible personal property re-
ported under the provisions of
Section 5.10.040. The
30 day holding period with
respect to such tangible
personal property shall commence
with the date the report of its
acquisition was made to the chief
of police or to the sheriff by the
secondhand dealer. The chief of
police or the sheriff may for good
cause, as specified by the Depart-
ment of Justice, authorize prior
disposition of any such property
described in a specific report
provided, that a secondhand
dealer who disposes of tangible
personal property pursuant to such
authorization shall report the
sale thereof to the chief of
police or the sheriff.
REASON FOR CHANGE:
-----------------=
Conform with the Business &
Professions Code.
5. 10. 090 - Receiving goods, etc.,
from Intoxicated Persons
REASON_ FOR CHANGE:
Keep in numerical order.
5.10.100 - Receiving Stolen Pro-
perty -
REASON_ FOR CHANGE:
Keep in numerical order.
9WI-10
CURRENT
5.10.120 - Hours in which Business
shall be carried on -
No person shall engage in,
conduct, Manage, or carry on the
business of a pawnshop or a second-
hand dealer between the hours of
nine p.m. and eight a. m. of the
following day. (Ord. 1007 1(part),
1976).
5.10.130 - Application for license
Information required -
Before any license to engage
in any of the businesses defined
in Section 5. 10. 010 is granted,
the applicant shall file with the
chief of police of the city a
written application under oath,
and shall file a copy thereof
with the city clerk, setting forth
the following:
(1) The exact nature of the busi-
ness to be carried on;
(2) The name of the applicant,
together with all persons to be
directly or indirectly interested
in the conduct, management or
operation of the business, should
a license be granted, including
all members of any firm or part-
nership;
(3) The location of the proposed
business for which the license is
being sought;
(4) Whether or not any permit or
license heretofore granted has
been revoked, and if so, the
circumstances of such revocation;
(5) Such further information
bearing on the business activities
or on the moral character of the
applicant as the chief of police
may require in order to carry out
the proper enforcement of this
chapter. (Ord. 1007 i(part),1976).
5.10.110 - Hours in which Busi-
ness shall be carried on -
REASON_ FOR CHANGE_
Keep in numerical order.
5.10.120 - Application for license
Information required -
= iicenses;_application; fee
"rounds -fors-denim , grant
The chief of police, the
sheriff or, where appropriate, the
police commission, shall accept an
application for and grant a li-
cense permitting the licensee to
engage in the business of second-
hand dealer, as defined in Section
21626, to an applicant who has not
been convicted of an attempt to
receive stolen property or any
other offense involving stolen
property. Prior to the granting
of a license, the licensing
authority shall submit the appli-
cation to the Department of Jus-
tice. If the Department of Jus-
tice does not comment on the
application within 30 days there-
after, the licensing authority may
grant the applicant a license.
All forms for application and li-
censure, and license renewal,
shall be prescribed and provided
by the Department of Justice. A
fee may be charged to the appli-
cant as specified by the Depart-
ment of Justice for processing the
initial license application.
For the purposes of this section,
"convicted" means a plea or ver-
dict of guilty or a conviction
following a plea of nolo con-
tendere_
REASON FOR CHANGE:
------------------
Rewritten to conform with the
Business & Professions Code.
-29-
CURRENT
5.10.140 - Same --Investigation and 5.10.140 - Same --Investigation
fingerprinting of applicant --Re- and fingerprinting of applicant
commendations to be made by chief Recommendations to be made by
of police. chief of police.
In addition to the information DELETE
specified in Section 5.10.130, the
applicant at the time of filing his REASON_ FOR CHANGE:
application shall be fingerprinted Covered by 5.10.120
by and his record filed in the police
department bureau of identification.
Upon receipt of such application, the
chief of police shall cause an investi-
gation to be made of the moral char-
acter of the applicant and the proposed
manner of conducting the business. He
shall make a recommendation to the city
council based upon such investigation in
regard to the character of the applicant
and the manner of conducting or operating
the business. (Ord. 1007 1 (part),1976).
5.10.150 - Issuance of License
An individual, partnership or
corporation may be granted by the
city council a license to be both a
pawnbroker and a secondhand dealer,
but the city council may revoke, sus-
pend or deny an individual to be
licensed as a pawnbroker, but continue
as a secondhand dealer, or revoke, sus-
pend or deny both types of licenses.
(Ord. 1007 1(part), 1976).
5.10.130 - Issuance of License
REASON_ FOR CHANGE=
Keep in numerical order.
-30-
CURRENT
5. 10. 160 - Revocation of license —
Public hearing to precede revocation
In the event that any person
holding a license authorizing him
to engage in, conduct, manage, or
carry on the business of a pawn-
broker or secondhand dealer, or
any agent or employee of such
person violates, or causes, or
permits to be violated any of the
provisions of this chapter, it
shall be considered proper cause
for the revocation of such license.
No license shall be revoked
until a public hearing shall have
been had by the city council, and
the city council shall have re-
ported the results of such hearing
to the officer charged with the
duty of issuing such license.
Notice of such hearing shall be
given in writing and shall state
the grounds of complaint against
the licensee and shall also state
the time and place where such hearing
will be had. Such notice shall be
served upon the licensee, or his
manager or agent at least three
days prior to the hearing on the
revocation of such license by
delivering the notice in writing
to the licensee, or to his manager
or agent, or to any person in charge
of or employed at the place of busi-
ness of such licensee, or, if such
licensee has not place of business
then to his place of residence; or
by leaving such notice at the place
of business or residence of such
licensee. If, as a result of the
hearing, the city council determines
that the licensee or any agent or
employee of such licensee has vio-
lated, or casued, or permitted to
to be violated any of the provisions
of this chapter, the city council
shall immediately notify the officer
in charge of issuing such licenses,
and the license shall be forthwith
revoked by such officer. The li-
censee shall be notified of such re-
vocation in the same manner as the
notice of hearing is required to be
given. Section 5. 08. 070 is appli-
cable to this chapter. (Ord. 1007
1(part), 1976).
PROPOSED
5. 10. 160 - Revocation of license
Public hearing to precede revo-
cation.
DELETE -
5.10.140 - (21642) License
Renewal; forfeiture; grounds
(a) A license granted pursuant
to Section 5.10.130 shall be re-
newable one year from the date of
issue, and annually thereafter,
upon the filing of a renewal
application and the payment of a
license renewal fee specified by
the licensing authority.
(b) The license shall be subject
to forfeiture by the licensing
authority and licensee's activi-
ties as a secondhand dealer shall
be subject to being enjoined pur-
suant to Section 5.10.130 for
breach of any of the following
conditions:
(1) The business shall be carried
on only in the building or build-
ings designated in the license.
(2) The license or a copy thereof
certified by the licensing author-
ity, shall be displayed on the
premises where it can easily be
be seen.
(3) The licensee shall not engage
in the business of secondhand
dealer, as defined in Section
21626, with any minor.
(4) The licensee shall not engage
in any act which is in violation
of this article.
(5) The licensee shall not be con-
victed of an attempt to receive
stolen property or any other
offense involving stolen property.
For the purposes of this paragraph
"convicted" means a plea or ver-
dict of guilty or a conviction
following a plea of nolo conten-
dere. Any action which the chief
of police, the sheriff or, where
appropriate, the police commis-
sion, is permitted to take follow-
ing establishment of a conviction
may be taken when the time for
appeal has elapsed, or the judg-
ment of imposition of sentence,
irrespective of a subsequent or-
der under the provisions of Sec-
tion 1203.4 of the Penal Code.
REASON FOR CHANGE:
Conform with Bus. & Prof. Code.
-31-
CURRENT
5. 10. 170 - Number of Pawnbroker's
license to be issued
There shall be authorized to
be issued one pawnbroker's li-
cense for every fifty thousand
persons residing within the city
limits. If the population exceeds
fifty thousand persons, there shall
be authorized one pawnbroker's li-
cense for every fifty thousand per-
sons and one pawnbroker's license
for any excess of said fifty thou-
sand population. (Ord. 1007 1(part)
1976).
5.I0.1a0 - Pawnbroker's license non-
transferable
Any license issued, together
with the privileges conferred there-
by to a person to engage in business
as a pawnbroker shall be nontransfer-
able. Any attempt to transfer the
license shall be void. (Ord. 1007
1(part), 1976).
5.10.190 - Location of pawnbroker's
place of business non -transferable
No license issued authorizing
a person to engage in business as
a pawnbroker shall authorize the
conduct of the business at any
location other than the specific
location set forth in the appli-
cation for such license and which
theretofore has been approved by
the chief of police. The conduct
of any such business at a location
other than that specified in the
application is unlawful. (Ord.
1007 1(part), 1976).
5. 10. 150 - Number of Pawnbroker's
license to be issued
REASON_ FOR_CHANGEs
Keep in numerical order.
5.10.160 - Pawnbroker's license
non -transferable
REASON_ FO_R_C_H_A_N_6_E_:
Keep in numerical order.
5. 10. 190 - Location of pawn-
broker's non -transferable
DELETE
REASON_ FOR_ CHANGE_
Covered in 5.10.140.
-32-
CURRENT
5.32.020 - Permit Required
No person, firm or corpor-
ation shall engage in the
business of maintaining or
operating a private patrol
within the incorporated
limits of the City without
a permit first having been
obtained from the Chief of
Police. (Prior code S3327)
5.32.040 Investigation by
Chief of Police -
The application shall
be submitted to the Chief
of Police where a patrol
is to be maintained, and the
Chief of Police may require
the applicant to give such
further information as may
be necessary and make an
investigation to determine
whether the applicants
1) Is a person of good
general reputation;
2) Has ever been convicted
of a felony or misdemeanor
involving either the mis-
appropriation of money or
property or unfair or dis-
honest practices;
3) Is a fit and proper person
to be permitted to engage in
private patrol.
If the Chief of Police, after
such investigation, finds the
applicant to be a person of
good general reputation and to
be fit and proper person to
engage in such business, he
shall endorse the application
"approved" over his signature;
otherwise, he shall refuse to
endorse it. (Prior code S3329)
5.32.020 - Private Patrol
Regulations
1) No persons, fires or
corporations shall engage in the
business of maintaining or
operating a Private Patrol within
the incorporated limits of the City
unless first having complied with
Division 3, Business and
Professions Code, Chapter 11.5.
2) Prior to any persons, firms
or corporations engaging in the
Private Patrol business, they shall
register with the Chief of Police
by supplying copies of all State
licenses and permits. phis shall
include all employees of the
Private Patrol firm or corporation.
gEASON FOR_CHANGEg
State has preempted this field
and all permits are issued by
the State.
5.32.40 - Investigation by Chief of
Police
The Chief of Police shall
verify all State licenses and
permits. The Chief of Police way
refuse to register those persons
found to be of bad moral character.
REASON FOR CHANGE:
Reworded to conform with the
Business & Professions Code.
-33-
CURRENT
5.32.060 - Issuance of Permit
After approval by the pro-
per officers and filing of a
good and sufficient bond as
provided in Section 5.32.050, the
City Clerk shall issue a permit to
the applicant at some definitely
named location to be selected by
the applicant. (Prior code S3331)
5. 32.070 - Permit Fee
A fee of one hundred dollars
shall be paid at the time of
issuance of the permit covering a
period of one year from the date of
issuance. (Prior code S3332).
5. 32.080 -
Permit--Expiration--Renewal
The permit shall expire at the
and of one year, but may be renewed
by the holder thereof for the sum
specified in Section 5.32.070.
(Prior code S3333)
5.32.090 - Exhibiting of Permit
The permit issued under this
chapter shall be carried at all
times by the person to whom it is
issued or displayed at the location
to which it is issued and shall be
exhibited upon demand. No permit
isssued under this chapter is
transferable. (Prior code S3334).
5.32.100 - Revocation --Suspension
of Permit
Any permit issued under this
chapter may be suspended or revoked
bythe Chief of Police for any
reason which would justify the
refusal to issue the same
originally. (Prior code S3335).
PROPOSED
5.32.060 - Issuance of License
After approval by the Chief of
Police and filing of good and
sufficient bond as provided in
Section 5.32.050, the City Clerk
shall issue a business_ license_ to
the_personsi_fir��_or_corporations_
engaged_in_Private _Patrol.
REASON_ FOR_CFANGE1
Permit preempted by the State.
5. 32. 070 - Permit Fee
Delete
REASON FOR_CHANGEt
Prohibited by State law.
5. 32. 080 -
Permit--Expiration—Renewal
Delete
REASON FOR_CHAN(3Es
Permit preempted by State law.
5.32.090 - Exhibiting of Permit
Delete
REASON FOR -CHANGE:
Permit preempted by State law.
5.32.100 - Revocation --Suspension
of Permit - Change to Read:
Suspension or revocation
will be per Section 5.01.140.
REASON FOR CHANCE t
------------------
Standardize all Suspension or
Revocation under one C`1C Section.
-34-
CURRENT
5.32.110 - Hearing --Notice
The holder of the permit shall
be given prompt notice of
revocation or suspension of the
permit and shall immediately desist
from engaging in the activity. The
notice shall fix a time and place,
not less than five nor more than
thirty days after service thereof,
at which the holder of the permit
may appear before the city council
and be granted a hearing upon the
merits of the suspension or
revocation. The decision of the
city council is final. (Prior code
S3336). 1
5.32.130 - Identification Cards
Private patrol operators or
their employees shall be registered
and cleared by the State of
California, Bureau of Collection
and Investigative Services, prior
to working within the City.
Persons performing private patrol
activities within the City shall
have the appropriate registration
card in their possession for
purposes of identification.
Failure to carry and exhibit such
identification upon request of any
member of the city police or fire
departments shall be grounds for
suspension of revocation of the
permit allowing operation. (Ord.
985 S29 1975: Prior code S3338).
5. 32. 140 - Reports
The holder of the permit and
his employees shall give a prompt
report to the police department of
any and all unusual occurrences
observed while patrolling or at any
other time, and it shall be the
duty of such person or persons to
preserve the scene of any
occurrence intact and to refrain
from moving, and refuse permission
to move, disturb or otherwise
interfere with the property,
persons or things affected. (Prior
code S3339).
5.32.110 - Hearing --Notice
Delete _
REASON_ FOR_CHANGEs
Permit preempted by State law.
5. 32. 130 - Identification Cards
Delete
REASON_ FOR CHANGE:
Required by State law.
5. 32. 140 -Reports
The holder of the business
license and his employees shall
give a prompt report to the police
department of any and all unusual
occurrences observed while
patrolling or at any other time,
and it shall be the duty of such
person or persons to preserve the
scene of any occurrence intact and
to refrain from moving, and refuse
permission to wove, disturb or
otherwise interfere with the
property, persons or things
affected. (Prior code S3339)
REASON FOR _CHPO4GE s
Change in term.
-35-
5. 48.040 - Permit
(a) Every person who pro-
poses to conduct or operate an
establishment for the practice of
massage shall make written appli-
cation to the city clerk for a
permit for each such establish-
ment. The application shall
include the following:
(1) The full name and present
address of applicant;
(2) The two previous addresses
immediately prior to the present
address of applicant, and the
dates of residence at each;
(3) The names and addresses
of at least three bona fide
adult residents of the county
who will serve as character
references. These references
must be persons other than re-
latives and business associates;
(4) Written proof that the
applicant is over the age of
eighteen years;
(5) Applicant's weight, height,
color of eyes and hair, date of
birth;
(6) Name under which, and place
where, said applicant proposes
to operate a massage establish-
ment, together with the street,
city, county, and state address
where said applicant practiced
or conducted any similar busi-
ness, if any, within twenty-
four months immediately pre-
ceding the date of said appli-
cation, and name under which
the same was so conducted;
(7) Written proof that the
applicant has had at least
one year's experience in the
profession, work and method
of treating the external
parts of the body for remedial
purposes or hygienic purposes
by rubbing, stroking, kneading
adjusting or tapping with the
hand or by instrument, or
applicant must furnish a dip-
loma or certificate of gradu-
ation from a recognized school.
5. 48. 040 - Permit
(a) Every person who pro-
poses to conduct or operate an
establishment for the practice of
massage shall wake written appli-
cation to the Chiefof Police for
a permit for each such establish-
ment. The application shall in-
clude the following:
(1) The full name and present
address of applicant;
(2) The two previous addresses
immediately prior to the present
address of applicant, and the
dates of residence at each;
(3) The names and addresses
of at least three bona fide
adult residents of the county who
will serve as character
references. These references must
be persons other than relatives
and business associates;
(4) Written proof that the appli-
cant is over the age of eighteen
years;
(5) Applicant's weight, height,
color of eyes and hair, date of
birth;
(6) Name under which, and place
where, said applicant proposes to
operate a massage establishment
together with the street, city,
county, and state address where
said applicant practiced or con-
ducted any similar business, if
any, within twenty-four months
immediately preceding the date of
said application, and name under
which the same was so conducted;
(7) Written proof that the appli-
cant has had at least one year's
experience in the profession, work
and method of treating the exter-
nal parts of the body for remedial
purposes or hygienic purposes by
rubbing, stroking, kneading, ad-
justing or tapping with the hand
or by instrument, or applicant
must furnish a diploma or certi-
ficate of graduation from a recog-
nized school.
RE_ASON_FOR_CHANGE=
Change of departments.
-36-
CURRENT
5. 48. 040 - Permit Continued
(b) The city clerk shall
retain the original copy and
forward copies to departments.
5. 48. 100 - Certificate of
Registration
(a) Every person who
desires to be employed as a
massagist shall make written
application to the city clerk
for a certificate of registra-
tion (business license). An
individual possessing a current
unrevoked permit required by
Section 5.48.040 need not ob-
tain a certificate of registra-
tion. The application shall be
in the fore: described in Section
5.48.040.
(b) The City Clerk shall
transmit duplicates to the
police chief for investigation
and approval. The City Clerk
shall not issue the certificate
applied for until said approval
has been received. In the
event said application is not
approved, the City Clerk shall
deny the certificate and notify
the applicant thereof in writing
and advise him that he has a
right to appeal within ten days.
(Ord. 842 Cpart7, 1972).
5.48.040 - Permit Continued
(b) The Chief_of_Police shall
retain the original copy and for-
ward copies to departments.
REASON FOR -CHANGE:
Change of departments.
5.48.100 - Certificate of
Registration
(a) Every person who desires
to be employed as a massagist
shall Make written application to
the Chief_of Police. An indivi-
dual possessing a current unrevok-
ed permit required Section
5.48.040, need not obtain a cert i -
cate of registration. The appli-
cation shall be in the form des-
cribed in Section 5.48.040.
REASON_ FOR_CHANSE:
Change of departments.
(b) The Chief _of Police will
investigate the applicant and if
approved, will transmit to City
Clerk for issuance of certificate.
In the event the application is
not approved, the Chief of Police
will notify applicant thereof, in
writing, and advise that they have
the right to appeal within ten
(10) days.
REASON FOR CHANGE:
Change of departments.
-37-
---------- CURRENT ----------
-------------- PROPOSED ---------
16
Section 6.04.020 Regulations for
Accumulation.
. . .No container, when filled, shall
weigh more than seventy-five pounds . . .
6.04.030 Burying and burning
of refuse. No person shall place
any refuse upon or beneath
the surface of any premises.
No person shall burn any gar-
bage or any rubbish which shall
cause an obnoxious odor. All
other rubbish may be burned in an
incinerator in accordance with
existing fire regulations.
(Ord. 782 (part), 1971: Prior
code 55201.1)
---------- CURRENT ----------
6.04.060 Materials not to be
collected. No person shall
place, deposit or keep in any
refuse container designated
for pick-up any of the
following: Dead animals; wear-
ing apparel, bedding, or other
refuse from any home or place
where any highly infectious
or contagious disease has pre-
vailed; explosive substances;`
radioactive materials; drugs;
or poisons. The owner or oc-
cupant of any premises wherein
or whereon such items are
located shall forthwith notify
the fire chief and shall dispose
of the same in accordance with
his direction. (Ord. 782
part), 1971: Prior code
5201 .4) .
. . .No container, when filled, shall
weigh more than seventy-five seventy
pounds . . .
Reason for Change: To conform to
current contract provisions.
6.04.030 Burying and burning
of refuse. No person shall
place any refuse upon or
beneath the surface of any
premises. No person shall
burn any garbage or any
rubbish which shall cause
an obnoxious odor. All
othe-r- ruhbi�sh-may- be -burned -in-
an 4ncineFa-tor -in- a6GOr4aRGa
with- existing-€i-re- reg4.rlatiorks,
(oRD. 782 (part), 1971: Prior
code §5201 .01 .
REASON FOR CHANGE
All open burning is now pro-
hibited by Air Pollution
authorities.
---------- PROPOSED ----------
6.04.060 Materials not to be
collected. No person shall
place, deposit or keep in any
refuse container designated
for pick-up any of the
following: Dead animals; wear-
ing apparel, bedding, or other
refuse from any home or place
where any highly infectious
or contagious disease has pre-
vailed; explosive substances;
radioactive materials; drugs;
or poisons; hazardous mate-
rials such as motor fuels,
faints, thinners, oils,
bases, pesticides, and other
chemicals. The owner of occu-
pant of any premises wherein or
whereon such items are located
shall forthwith notify the fire
chief and shall dispose of the
same in accordance with his
direction. (Ord. 782 part,
1971: Prior -ode §5201.4).
.m
CURRENT
Section 6.09.030 (1) 4
Rental units, except mobile homes
and mobile home lots, located in a
building containing three or fewer
dewlling units.
REASON FOR CHANGE
Comments on hazardous
materials as shown to clarify
the intent.
PROPOSED
Rental units, except mobile homes
and mobile home lots, located in a
building containing three two or
fewer dwelling units.
REASON FOR CHANGE
To conform to definition of
multiple family unit.
-39-
CURRENT
8.04. 010 - Definitions
A person is guilty of dis-
orderly conduct if, with a pur-
pose to cause public danger,
alarm, disorder, nuisance, or
if with the knowledge that he
is likely to create such public
danger, alarm, disorder or
nuisance he willfully:
(1) Creates a disturbance of
the public order by an act of
likely to produce violence; or
(2) Engages in fighting, or,
in violent, threatening or
tumultuous behavior; or
(3) Makes an unreasonably
loud noise; or
(4) Addresses abusive langu-
age or threats to any person
present which creates a clear
and present danger of violence,
or
(5) Causes likelihood or harm
or serious inconvenience by
by failing to obey a lawful
order of dispersal by a police
officer, where three or more
persons are committing acts of
disorderly conduct in the immedi-
ate vicinity; or
(6) Damages, befouls or disturbs
public property or property of
another so as to create a hazar-
dous, unhealthy or physically
offensive condition; or
(7) Commits a trespass on resi-
dential property or on public
property. Trespass, for the
purpose of this chapter, shall
Mean:
(A) Entering upon, or
refusing to leave, any residential
property of another, either where
such property has been posted with
"NO TRESPASSING" sighns, or where
immediately prior to such entry,
or subsequent thereto, notice is
given by the owner or occupant,
orally or in writing, that such
entry, or continued presence is
prohibited,
8.04.010 - Delete
REASON FOR CHANGE:
Covered in Penal Code.
CURRENT PROPOSED
8.04.010 Definitions - CONTINUED
(8) Entering upon, or refusing
to leave, any public property in
violation of regulations promulgated
by the official charged with the
security, care or maintenance of
the property and approved by the
governing body of the public agency
owning property, where such regula-
tions have been conspicuously
posted or where immediately prior
to such entry, or subsequent there-
to, such regulations are made known
by the official charged with the
security, care of maintenance of
the property, his agent or a police
officer.
This chapter shall not apply
to peaceful picketing, public speak-
ing or other lawful expressions of
opinion not in contravention of other
laws. (Ord. 793 92 (part), 1971:
prior code 44203).
S.04.020 - IMLAWFUI. 8.04.020 - UNLAWFUL
It is unlawful for any person Delete
to engage in disorderly conduct
in the city. (Ord. 793 &2 (part), REASON FOR CHANGE_
1971: prior code 94204). Covered in Penal Code.
8.04.030 - PROFANITY 8. 04. 030 - PROFANITY
No person shall use any blasphe- Delete
mous, vulgar, profane or indecent
language within the presence of REASON FOR CHANGE:
women and children, in a loud and Covered in Penal Code.
boisterous wanner. (Prior code
94206).
-41-
7
W
CURRENT
10.08.080 - Report of Damage to
Certain Property
(a) The driver of a vehicle
or the person in charge of any
animal involved in any accident
resulting in damage to any pro-
perty publicly owned or owned by
a public utility, including but
not limited to, any fire hydrant,
ornamental lighting post, tele-
phone pole, electric light or
power pole, or resulting in
damage to any ornamental shade
tree, traffic control device
or other property of a like
nature located in or along any
street shall, within twenty-four
hours after such accident make a
written report of such accident
to the police department of this
city.
(b) Every such report shall
state the time when and the place
where the accident took place,
the name and address of the per-
son owning and of the person
driving or in charge of such
vehicle or animal, the license
number of such vehicle, and shall
briefly describe the property
damaged in such accident.
(c) A driver involved in an
accident shall not be subject to
the requirements or penalties of
this section if and during the
time such driver is physically
Incapable of making a report,
but in such event the driver
shall make a report as re-
quired in subsection (a) within
twenty-four hours after the
regaining of ability to make
such a report. (Prior code
93209).
N 8i~
10.08.080 - Report
Certain Property
DELETE
REASON_ FOR CHANGE_
Covered in CVC
of Damage to
-4 2 -
CURRENT
10. 16.020 - CLINGING TO MOVING
VEHICLES
Any person riding upon any
bicycle, motorcycle, coaster,
roller skates or any toy vehicle
shall not attach the same or
himself to any moving vehicle
upon any roadway. (Prior code
&3222).
10.16.030 - VEHICLES NOT TO BE
DRIVEN ON THE SIDEWALK
The driver of a vehicle shall
not drive within any sidewalk area
or any parkway except as a perman-
ent or temporary driveway. (Prior
code 93223).
10.16.040 - OBEDIENCE TO POLICE
AND FIRE DEPARTMENT OFFICIALS
No person shall willfully
fail to refuse to comply with
e officers or firdepartment
official when directing traffic.
10. 16. 070 - Intoxicated Persons
in and about Vehicles
It is unlawful for any
person who is under the infu-
ence of intoxicating liquor or
narcotic drugs to be in or
about any vehicle to which he
or she has a right of access or
control while such vehicle is
in or upon any street or other
public place in the city, un-
less the same is under the
immediate control or operation of
a person not under the influence
of intoxicating liquor or narcotic
drugs. (Prior code 93230).
1XISIM
10.16.020 - CLINGING TO MOVING
VEHICLES
DELETE
REASON_ FOR CHANGE:
Covered in Vehicle Code.
10. 16. 030 - VEHICLES NOT TO BE
DRIVEN ON THE SIDEWALK
Delete
_REASON_ FOR CHANGE:
Covered in Vehicle Code.
1 O. 16. 040 - OBEDIENCE TO POLICE
AND FIRE DEPARTMENT OFFICIALS
Delete
REASON FOR CHANGE:
Covered in CVC
10.16.070 - Intoxicated Persons
in and about Vehicles
DELETE
REASON_ FOR_CHANGEj
Unconstitutional
CURRENT
1 O.08.040 - O bed i ence_t o_po l i ce
and fire_ department_ officials
No person shall willfully
fail to refuse to comply with
any lawful order of a police
officer or fire department
official when directing traffic.
(Prior code 3205)
Chapter 5. 11 - Antique and Estate
Auction Gallery.
10.08.040 - DELETE
REASON_ FOR CHANGE_
Covered by the CVC 2800.
Chapter 5.11 - Antique and Estate
Auction Gallery.
Delete
_REASON _FOR _CHANGE: The California
Auctioneer Commission has now
taken over the licensing and
administering of auctioneers in
the State.
Local governments cannot charge
any fees or regulate outside
auctioneers from entering our
jurisdiction to hold an auction.
We can regulate violations of
zoning laws where auctions might
be held.
The only fee that local
governments can charge are
business license fees, if the
auctioneer's business address
is in our jurisdiction.
We therefore recommend
that Chapter 5.11 be deleted from
the Code, as we no longer have
jurisdiction over auctioneers.
Ml�
CURRENT
10.04 .030 - Holidays.
Holidays are the first day of
January, the twelfth of Febru-
ary, the twenty-second day of
February, the thirtieth day of
May, the fourth day of July, the
first Monday in September, the
ninth day of September, the twelfth
day of October, the eleventh day of
November, the twenty-fifth day of
December, Thanksgiving Day, "Good"
Friday" from eleven -thirty a.m, to
three -thirty p.m. and such other
days as shall be designated by
proclamation by the Governor of
the state or the President of the
United States. Provided, further,
that holidays may for the purpose
of this title, chapter and sec-
tions thereof, be designated from
time to time by the chief of
police, or such other designated
person, with the concurrence of
the mayor. If any of the holidays
set forth in this section shall
fall upon a Sunday, the Monday
following is a holiday. (Prior
code S3200.2).
10.08.010 - City traffic en-
gineer --Office established.
The office of city traffic.
engineer is established and the
person appointed thereto shall
serve at the will and pleasure
of the city council. (Prior
code 3201).
PROPOSED
10.04'.030 - Holidays
Holidays observed by the City are the first
day of January, the third Monday of February
the last Monday of May, the fourth of July,
the first Monday of September, the last
Thursday and Friday of November, the
twenty-fifth of December and any other day
proclaimed by the Campbell City Council as
a holiday. Holidays that fall on Saturday
will be observed on the preceding Friday
and holidays that fall on Sunday will be
observed on the following Monday.
REASON FOR CHANGE
The current stated holiday policy is out
of date
10.08.010 - City traffic
engineer.
The positions of city traffic
engineer is officially held by
the public works director. He
may delegate the traffic en-
gineering duties to any qual-
ify person or persons within
the public works department.
-4 5-
CURRENT
PROPOSED
10.08.20 - Duties of city
traffic engineer.
It shall be the general duty
of the city traffic engineer
to determine the installation
and proper timing and main-
tenance of traffic control
devices and signals, to con-
duct engineering analysis
of traffic accidents and to
devise remedial measures,
to conduct engineering in-
vestigation of traffic
conditions and to cooperate
with other city officials in
the development of ways and
means to improve traffic
conditions, and to carry
out the additional powers
and duties imposed by laws
of this city. (Prior code
3202).
10.080.20 - Duties of city
traffic engineer.
It shall be the general duty
of the city traffic engineer
to determine the installation
and proper timing and main-
tenance of traffic control
devices and signals, to con-
duct engineering analysis
of traffic accidents and to
devise remedial measures,
to conduct engineering in-
vestigation of traffic
conditions and to cooperate
with other city officials in
the development of ways and
means to improve traffic
conditions, and to carry
out the additional powers
and duties imposed by laws
of the state and city. (Prior
code 3202).
REASON FOR CHANGE
Update actual policy.
-4 6 -
10.12.040 - Install, on of
traffic signals.
41
10.12.040 - tallation of
traffic signals.
(a) The city traffic engineer
is directed to recommend to the
city council the installation
of official traffic signals at
those intersections and other
places where traffic conditions
are such as to require that the
flow of traffic be alternately
interrupted and released in
order to prevent or relieve
traffic congestion or to pro-
tect life or property when
exceptional hazard, and to
install and maintain the same
when ordered to do so by re-
solution of the city council.
(b) The city traffic engineer
shall ascertain and determine
the locations where such signals
are required by resort to field
observations, traffic counts
and other traffic information
as may be pertinent, and his
determinations therefrom shall
be in accordance with those
traffic engineering and safe-
ty standards and instructions
set forth in California Main-
tenance Manual issued by the
Division of Highways of the
State Department of Public
Works. (Prior code 3213).
10.12.110 - Crosswalks.
The city traffic engineer is
authorized to establish, desig-
nate and maintain crosswalks at
intersections and other places by
appropriate devices, marks or lines
upon the surface of the roadway
where in his opinion there is par-
ticular danger to pedestrians
crossing the roadway. (Prior code
3231).
(a) The city traffic engineer
is directed to recommend to the
city council the installation
of official traffic signals at
those intersections and other
places where traffic conditions
are such as to require that the
flow of traffic be alternately
interrupted and released in
order to prevent or relieve
traffic congestion or to pro-
tect life or property when
exceptional hazard, and to
install and maintain the same
when ordered to do so by re-
solution of the city council.
(b) The city traffic engineer
shall ascertain and determine
the locations where such signals
are required by resort to field
observations, traffic counts
and other traffic information
as may be pertinent, and his
determinations therefrom shall
be in accordance with those
traffic engineering and safe-
ty standards and instructions
set forth in the Traffic Manual,
issued by the California Depart-
ment of Transportation. (Prior
code 3213).
REASON FOR CHANGE
Update current procedure.
10.12.110 - Crosswalks.
The city traffic engineer is
authorized to establish, desig-
nate and maintain crosswalks at
intersections and other places by
appropriate devices, marks or lines
upon the surface of the roadway
where in his opinion said crosswalk
markings will be of benefit to ped-
estrians crossing the roadway.
Prior code 3231).
REASON FOR CHANGE
More appropriate wording in view of
latest studies on crosswalks.
-4 7 -
CURRENT
10.24.015 - Use of streets for
storage of vehicles.
(a) Any person who owns or has
possession, custody or control of
any vehicles shall not park such
vehicle upon any street or alley
for more than a consecutive period
of seventy-two hours.
(b) In the event a vehicle is
parked or left standing upon a
street in excess of a consecutive
period of seventy-two hours, any
member of the police department
may remove the vehicle from the
street in the manner and subject
to the requirements of Sections
22651, 22652 S 22655 of the
California Motor Vehicle Code.
(Prior code 3237).
10.24.120 - All night parking pro-
hibited.
No person shall stop, stand or park
any vehicle on the streets here-
after named between the hours of
two and four a.m. of any day. This
section applies to the following
streets:
(1) On both sides of Campbell
Avenue from Harrison Street to
the Santa Clara -Los Gatos Road;
(2) On the north side of Campbell
Avenue from the Santa Clara -
Los Gatos Road to Milton Street;
(3) On both sides of the Santa
Clara -Los Gatos Road from Campbell
Avenue to Latimer Avenue. (Prior
code 3255).
PROPOSED
10.24.015 - Use of streets for
storage of vehicles.
(a) Any person who owns or has
possession, custody or control of
any vehicles shall not park such
vehicle upon any street or alley
for more than a consecutive period
of seventy-two hours.
(b) In the event a vehicle is
parked or left standing upon a
street in excess of a consecutive
period of seventy-two hours, any
member of the police department
may remove the vehicle from the
street in the manner and subject
to the requirements of the appro-
priate sections of the California
Motor Vehicle Code. (Prior code
3237).
REASON FOR CHANGE
Prefer not to tie down to specific
sections of the Vehicle Code be-
cause they change and new ones are
occasionally added.
10.24.120 - All night parking pro-
hibited.
No person shall stop, stand or park
any vehicle on the streets here-
after named between the hours of
two and four a.m. of any day. This
section applies to the following
streets:
(1) On both sides of Campbell
Avenue from Harrison Street to
Winchester Boulevard;
2) On the north side of Campbell
Avenue from Winchester Boulevard to
Milton Street;
(3) On both sides of Winchester
Boulevard from Campbell Avenue to
Latimer Avenue. (Prior code 3255).
REASON FOR CHANGE
Use correct street names
CURRENT
10.36.010 - Designated.
In accordance with Section
10.12.010 and when properly sign -
posted, traffic shall move only
in the direction indicated upon
the following streets:
North to south on Lowell Way.
(Prior code 3261).
PROPOSED
10.36.010 - Designated.
In accordance with Section
10.12.010 and when properly sign -
posted, traffic shall move only
in the direction indicated upon
the following streets:
West to east on East Campbell
Avenue between Fourth Street and
Foote Avenue; west to east on
Orchard City Drive; east to west on
Civic Center Drive.
REASON FOR CHANGE
To correct Section 10.36.010 on
one-way streets.
-4 9 -
CURRENT
10.40.020
(1) Bascom Avenue
(2) Camden Avenue
(3) Campbell Avenue from westerly
city limit to Bascom Avenue;
(4) Casey;
(5) Central Avenue (East Central
& South Central only);
(6) Cristich Lane;
(7) Dell Avenue;
(8) Dillon Avenue;
(9) Division Street;
(10) Foote Avenue;
(11) Gilman Avenue;
(12) Griffiths Way;
(13) Hacienda Avenue;
(14) Harriet Avenue;
(15) Harrison Avenue: Campbell
Avenue to Hamilton Avenue only;
(16) Industrial Street;
(17) Kennedy Avenue;
(18) McGlincey Lane;
(19) Railway Avenue;
(20) Roedeck Way;
(21) San Tomas Aquino Road;
(22) Sunnyoaks Avenue: East of
Winchester Road only;
(23) Winchester Boulevard;
(24) Union Avenue;
(25) Hamilton Avenue;
(26) San Tomas Expressway;
(27) Los Gatos Freeway;
(28) Pollard Road;
(29) Leigh Avenue;
(30) Westmont Avenue;
(31) Sunnyside Avenue;
PROPOSED
10.40.020
(1) Bascom Avenue
(2) Camden Avenue
(3) Campbell Avenue from westerly
city limit to Bascom Avenue;
(4) Curtner;
(5) Central Avenue (East Central
& South Central only);
(6) E�iss2�-ballet
(7) Dell Avenue;
(8) Dillon Avenue;
(9) Division Street;
(10) Foote Avenue;
(11) Gilman Avenue;
(12) Griffiths -Way;
(13) Hacienda Avenue;
(14) Harriet Avenue;
(15) Harrison Avenue: Campbell
Avenue to Salmar Avenue only;
(16) Industrial Street;
(17) Kennedy Ave;
(18) McGlincey Lane;
(19) Railway Avenue;
(20) Ro deck Way;
(21) San Tomas Aquino Road;
(22) Sunnyoaks Avenue: East of
Winchester Road only;
(23) Winchester Boulevard;
(24) Union Avenue;
(25) Hamilton Avenue;
(26) San Tomas Expressway;
( 27 ) Les-6a-tes--'-Yeeway-1
(28) Pollard Road;
(29) Leigh Avenue;
(30) Westmont Avenue;
(31) Sunnyside Avenue;
REASON FOR CHANGE
Correct current list of truck
routes.
-50-
CURRENT
11.04.010 - Permit required.
It is unlawful for any person, firm
or corporation other than duly
authorized employees of city, to
make, or cause to be made, any ex-
cavation in, on, or under the sur-
face of any public street, lane,
alley, sidewalk or other public
place for any purpose without
first obtaining a written permit
therefor from city.
Utility pole and anchor holes are
specifically exempted from the
foregoing provision. (Prior code
7100) .
11.04.020 - Permit procedure.
No permit shall be issued except
upon compliance with the following
provisions:
(1) Written application in dupli-
cate shall be filed with the city
clerk, or with such other person
as may be hereafter designated by
the city council. The application
must contain and be accompanied by:
(A) The name and residence or
business address of the applicant;
(B) A statement of the location
of, and the nature of the work to
be done;
(C) A plat or diagram in dupli-
cate, showing the location of the
proposed excavation; the dimen-
sions thereof; the position of,
and the relation of the proposed
work to existing underground
structures or facilities; a de-
tailed statement of methods to
safeguard existing structures
or facilities;
(D) When incurred by the city
engineer, actual costs of in-
spector's services shall be paid
to city by the applicant. The city
engineer may estimate this charge,
and require it to be paid in ad-
vance of issuance of permit at
his discretion;
(E) An agreement holding city,
PROPOSED
11.04.010 - Permit required.
It is unlawful for any person, firm
or corporation other than duly
authorized employees of city, to
make, or cause to be made, any ex-
cavation, or perform other work, in
on, or under the surface of any
public street, lane, alley, side-
walk or other public place for any
purpose without first obtaining a
written permit therefor from city.
Lit�3ftp-pair-anr]- an�hvz-cries-are
spee3€3ea€4y- fram- -t-ie
€o�ege3ti�- frro1+33�.ez, :-{�rior-erode
-7€46Q
11.04.020 - Permit procedure.
No permit shall be issued except
upon compliance with the following
provisions:
(1) Written application in dupli-
cate shall be filed with the city
clerk, or with such other person
as may be hereafter designated by
the city council. The application
must contain and be accompanied by:
(A) The name and residence or
business address of the applicant;
(B) A statement of the location
of, and the nature of the work to
be done;
(C) A plat or diagram in tripli-
cate, showing the location of the
proposed excavation; the dimen-
sions thereof; the position of,
and the relation of the proposed
work to existing underground
structures or facilities; a de-
tailed statement of methods to
safeguard existing structures
or facilities;
(D) When incurred by the city
engineer, aetnai costs of in-
spector's services shall be paid
to city by the applicant. The city
engineer may estimate this charge,
and require it to be paid in ad-
vance of issuance of permit at
his discretion;
(E) An agreement holding city,
-51-
its officers, agents and employees,
free, safe and harmless from any
claim or demand for damages to
third persons proximately resulting
from the work proposed in the ap-
plication;
(2) The applicant shall deposit
with the city clerk such sum of
money or a corporate surety bond in
an amount as the city engineer may
in his discretion deem to be ade-
quate to indemnify city for the
failure of the applicant to restore
public streets, lanes, alleys, ways
and public places to their original
condition.
(A) It is provided that all public
utilities including sewer and water
districts, which, from time to time
require the doing of work in the
public streets, lanes, alleys, ways
and other public places in city,
which do not have on file with the
city a bond or cash for the purpose
set forth in the preceding para-
graph, shall, upon the filing of
its first application after the
effective date of the ordinance
codified in this chapter for the
doing of any such work, deposit
the sum of one thousand dollars
with the city clerk, or in lieu
thereof, a corporate surety bond
in the amount. No other or fur-
ther bond shall be required of
said utilities in connection
with any subsequent application
by them so long as they are not
in default of any of the pro-
visions of this chapter in re-
storing any street way, lane,
alley, sidewalk or public place
to its original condition and
in the manner hereinafter pro-
vided. The bond shall be kept
in full force and effect at all
times, and the city clerk shall
annually be advised of its re-
newal, provided, however, that
whenever such person, firm or
corporation shall already have
on file an adequate bond in a
sum in excess of five hundred
dollars in favor of the city,
its officers, agents and employees,
free, safe and harmless from any
claim or demand for damages to
third persons proximately resulting
from the work proposed in the ap-
plication;
(2) The applicant shall deposit
with the city clerk such sum of
money or a corporate surety bond in
an amount as the city engineer may
in his discretion deem to be ade-
quate to indemnify city for the
failure of the applicant to com-
plete the improvements or to re-
store public streets, lanes,
alleys, ways and public places to
their original condition.
(A) It is provided that all public
utilities including sewer and water
districts, which, from time to time
require the doing of work in the
public streets, lanes, alleys, ways
and other public places in city,
which do not have on file with the
city a bond or cash for the purpose
set forth in the preceding para-
graph, shall, upon the filing of
its first application after the
effective date of the ordinance
codified in this chapter for the
doing of any such work, deposit
the sum of one thousand dollars
with the city clerk, or in lieu
thereof, a corporate surety bond
in the amount. No other or fur-
ther bond shall be required of
said utilities in connection
with any subsequent application
by them so long as they are not
in default of any of the pro-
visions of this chapter in re-
storing any street way, lane,
alley, sidewalk or public place
to its original condition and
in the manner hereinafter pro-
vided. The bond shall be kept
in full force and effect at all
times, and the city clerk shall
annually be advised of its re-
newal, g�o�iecr-owe�e�T-t-at
c49-F-F at- oe•-s4+a-1-I- -love
eq-r -€ram -anT -born& -i-r -a
st" -in - -.&€ d
daI-t ars srr f cl V Cil -0-f- t 11 e -C-irty ,
-52-
furnished as a guarantee to per-
formance of a franchise right
covering the excavation work in
question, such bond shall be ac-
cepted in lieu of the bond or de-
posit required in this section;
(B) The bonds or cash deposits
provided in this section shall be
declared forfeited if the city
council after a proper and reason-
able investigation finds that the
work of restoration as herein pro-
vided is not properly done, or if
within six months of the completion
of the work, damage to the public
streets, lanes, alleys, ways, side-
walks and public places occurs as
the direct result of failure to
restore the same to their original
condition. Upon a declaration of
forfeiture, the proceeds of such
cash deposits or bonds shall be
first applied to the cost of re-
pairs of said places, and the
balance thereof, if any, shall be
deposited in the general fund of
the city;
(3) Issuance of Permit. All ap-
plications are subject to review
by the city engineer, who shall
have discretion to require such
engineering changes in the plans
as indicated in the application
as he deems necessary to protect
the city's interest. No applica-
tion shall be granted or permit
issued without the approval of
the city engineer. Upon approval
by the city engineer, the permit
shall be issued by the city clerk
or such other person who may be
hereafter designated by the city
frtrrrrist as a- TyaaT-dTrte"U— -ta- per -
farnrarrce- vf- a- frarrciris� rirfht
oover�rrg- tire- �xcavzrtibrr- woriC- in
quest-i r,-3uchrborrrrsirrid-t ac-
cept�d-Zrr3z�a'v�the -tund =- e-
pasilt- moire d -iT- t'h-i 5- i rjn ;
(B) Upon completion of the work
and acceptance thereof by the city
engineer, the surety bond or cash
deposit may be replaced by a surety
bond or cash deposit in the amount
of 25% of the original; such bond
to be held by the city to guarantee
the correction of any deficiencies
that should appear in the work and/
or the repair of any damage that
should occur as a result of the
work.
(C) The bonds or cash deposits
provided in this section shall be
declared forfeited if the city
council after a proper and reason-
able investigation finds that the
work of improvement or restoration
as herein provided is not properly
done, e-ii-w3t�iis-six-mantis-ef
t 3�e- ee�rlet ies- e�- tit -aerie ;-dnnrnge
t e- Otte- ��ie-sheets ; -bases ; -fly -
�e�+s�-wa�+sz-sidewaiics-asd-pei�l3c
p}aee9-eeet�rs-fls-tie-direct-ream t
e€-€aiisre-te-restore-tine-Same-to
t#gei-eiginai-eertditien. Upon a
declaration of forfeiture, the
proceeds of such cash deposits or
bonds shall be first applied to the
cost of repairs of said places, and
the balance thereof, if any, shall
be refunded to the provider of the
funds;
(3) Issuance of Permit. All ap-
plications are subject to review
by the city engineer, who shall
have discretion to require such
engineering changes in the plans
as indicated in the application
as he deems necessary to protect
the city's interest. No applica-
tion shall be granted or permit
issued without the approval of
the city engineer. Upon approval
by the city engineer, the permit
shall be issued by the city clerk
or such other person who may be
hereafter designated by the city
-53-
k
council to issue the same. Such
permit shall not be transferable;
(4) In the event an application is
not approved by the city engineer,
the applicant may petition the city
council in writing for a hearing
thereon, and the city council shall
have the authority to grant or deny
the permit. (Ord. 1208, 1978; Prior
code 7101).
CURRENT
11.04.030 -When new applications not
required.
Public utilities shall not be required
to file new applications for work nor-
mally done by them in city streets sub-
sequent to the filing of their initial
application if the same is accompanied
by sufficient information covering their
facilities in the city which from time
to time may require work in public
streets to service the same or require
their extension. Under such circum-
stances, a letter to the city clerk
with a copy to the city engineer de-
scribing the work to be done and de-
signating the location thereof and re-
questing a permit therefor shall be
sufficient and a permit shall issue if
the utility be not then in default in
any of the provisions of this chapter
pertaining to them, and inspection fees
as provided in this chapter are de-
posited. (Prior code 7102).
council to issue the same. Such
permit shall not be transferable;
(4) In the event an application is
not approved by the city engineer,
the applicant may petition the city
council in writing for a hearing
thereon, and the city council shall
have the authority to grant or deny
the permit. (Ord. 1208, 1978; Prior
code 7101).
REASON FOR CHANGE
Update current procedures.
PROPOSED
11.04.030-When new applications not
required.
DELETE
REASON FOR CHANGE
To update current procedures.
-54-
CURRENT
11.04.050 - Forbidden in Los Gatos
Creek --Penalties.
(a) The excavating, digging and
removal of gravel from that portion
of Los Gatos Creek lying within the
incorporated area of city, and the
carrying away, hauling and trans-
porting of the same therefrom is
forbidden, unless a permit therefor
be issued by the city council in
writing and upon such terms and con-
ditions which the city council may
prescribe.
(b) Any person, firm or corporation
or agent or employee of any person,
firm or corporation who violates any
provision of this chapter, or any
rules and regulations made under this
chapter, shall be guilty of a misdemeanor,
and upon conviction thereof shall be
punished as provided in Section 1.04.010.
(Prior code 7104).
CURRENT
11.04.120 - Restoration of
street surfaces.
All pavements shall be re-
placed in accordance with the
same plans and specifications
used in the construction of
pavements torn up or damaged
by such excavation. If any
edge or other portion of
street or sidewalk shall be
damaged by cave-in or other
causes incident to such ex-
cavation, such damage shall
by fully restored to its
original condition. (Prior
code 7111).
PROPOSED
11.04.050 - Forbidden in Los Gatos
Creek --Penalties.
DELETE
REASON FOR CHANGE
Preempted by Water District.
PROPOSED
11.04.120 - Restoration of
street surfaces.
All pavements shall be re-
placed in accordance with
standard, prescribed by the
city engineer. If any edge
or other portion of street or
sidewalk shall be damaged by
cave-in or other causes in-
cident to such excavation,
such damage shall be fully
restored to its original con-
dition. (Prior code 7111).
REASON FOR CHANGE
-55-
Update current procedures.
CURRENT
11.08.100 - Abatement of nuisance.
It shall be the duty of the owner
of the property wherein or whereon
any such nuisance exists to abate
such nuisances by destroying, re-
moving, or trimming the growth,
by spraying or by other usual
means of abatement.
If, upon proper notice in writing,
any property owner fails or re-
fuses to abate such nuisance as is
defined in Section 11.08.090, the
department of public works may
enter upon the premises whereon
such nuisance exists and abate
the same.
Such owner may exercise the right
of appeal procedures as prescribed
in Section 11.08.110, prior to such
action on the part of the depart-
ment. (Ord. 1347 (part), 1981:
Prior code 7209).
PROPOSED
11.08.100 - Abatement of nuisance.
It shall be the duty of the owner
of the property wherein or whereon
any such nuisance exists to abate
such nuisances by destroying, re-
moving, or trimming the growth,
by spraying or by other usual
means of abatement.
If, upon proper notice in writing,
any property owner fails or re-
fuses to abate such nuisance as is
defined in Section 11.08.090, the
department of public works may
enter upon the premises whereon
such nuisance exists and abate
the same. The property owner to be
assessed on the basis of an hourly
rate for labor and equipment to
abate said nuisance.
Such owner may exercise the right
of appeal procedures as prescribed
in Section 11.08.110, prior to such
action on the part of the depart-
ment. (Ord. 1347 (part), 1981:
Prior code 7209).
REASON FOR CHANGE
To give the City some authority to
recover costs for nuisance abate-
ment.
-56-
13.04.130 Hours of use.
13.04.130 Hours of use.
No person shall enter or remain in any
city of county park after ten p.m.
unless for a special event sactioned
by the city and approved by the
community services supervisor.
(Ord. 951 (part), 1974: prior code
57224).
13.04.150 Camping.
No person shall set up campsites with
camping equipment or camp in any city
park without clearance from the
community services supervisor. (Ord.
951 (part), 1974).
CURRENT
13.04.160 Alcoholic Beverages.
Beer and wine may be consumed in city -
owned park land with the exception of
Virginia Park, Harrison Park and Gomes
Park. (Ord. 951 (part), 1974).
-57-
No person shall enter or remain in any
any city or county park after ten p.m.
unless for a special event sanctioned
by the city and approved by the
recreation and community services
director. (Ord. 951 (part), 1974:
prior code 77224).
REASON FOR CHANGE
Change in term.
13.04.150 Camping.
No person shall set up campsites with
camping equipment or camp in any city
park without written clearance from the
recreation & community services
director. (Ord. 951 (part), 1974).
REASON FOR CHANGE
Clarification. Change in term.
PROPOSED
13.04.160 Alcoholic Beverages.
Beer and wine may be consumed in John
D. Morgan and Campbell Parks, excluding
all sports and spectator areas. No
alcoholic beverages shall be consumed
at other city parks. (Ord.
951 (part), 1974).
REASON FOR CHANGE
New addition per City Council action.
--------CURRENT ----
17.24 Fire Alarms.
17.24.010 Equipment Construc-
tion --Operation.
17.24.010 Equipment construc-
tion --Operation. All premises,
equipment and installations
used for extinguishing fires
and alarm equipment shall be
constructed, operated and main-
tained so as to be reasonably
safe to persons and property and
in conformity with the provisions
of this chapter and the applicable
statutes of the state of
California and all orders, rules
and regulations issued by
authority thereof. (Prior
Code 3112, 3134).
------ CURRENT -------
17.56 Ash Receptacles.
17.56.010 Disposal of ashes.
17.56.020 Receptacle stands.
17.56.030 Combustible
Materials.
-------- CURRENT --------
17.68 Respect for Authorities
17.68.010 Hindrance to
firemen. It is unlawful for
any person to hinder any fireman
in the performance of his duty
at a fire or emergency. (Prior
Code 3115, 3137).
Fire Dept.
Municdel
11/20/85
INZ
---------- _ROPOSED---------
17.24 Fire Alarms.
DELETE ENTIRE SECTION.
REASON FOR CHANGE
Requirements for fire alarms are
adequately covered in the Uniform
Fire Code.
------- PROPOSED ----------
17.56 Ash Receptacles.
DELETE ENTIRE SECTION.
REASON FOR CHANGE
Requirements are adequately
covered by the Uniform Fire
Code.
-------- PROPOSED -------
17.68 Respect for Authorities
17.68.010 Hindrance to Firemen.
DELETE
REASON FOR CHANGE
This problem is addressed in
Section 148 of the California
Penal Code and Section 10.102 of
the Uniform Fire Code.
SUBDIVISION ORDINANCE
SUMMARY OF CHANGES
Additions
Section
Subject
Reason
20.08.010
Citation of code
Per League model
20.12.020(C)
Designates Planning Director
For completeness and
as advisory agency for parcel
clarity
maps
20.16.040
Provision for waiver of
Required by State
parcel map
20.48.010
Waiver of street access
Allowed by Map Act
with dedication
20.60.010
Allows assessments for
Allowed by Map Act
bridges and major streets
20.64.010
Provides for street improve-
Allowed by Map Act
ments above what subdivision
needs
20.72.010
Rules regarding soils reports
Required by Map Act
Environmental reports and
Required by Map Act
grading and erosion control
The following
sections have been deleted:
Section
Subject
Reason
20.04.020
Powers of Planning Commission
Defined elsewhere
20.08.020
Definitions
Defined in Map Act
through .140
20.16.010
Standard street improvements
Defined in 11.24.160 and
referred to in 20.28.010(c)
20.16.100
Railroad crossings _
Unnecessary
20.20.020
Distribution of tentative
Procedural matter, more
maps for comments
flexibility if not codified.
Prescribed by Map Act for
some.
20.20.050
Action on maps of five or
Prescribed by Map Act
more lots
20.24
Final Maps
Prescribed by Map Act
20.28
Exceptions
Covered in Map Act '
20.36.030
Penalties
Covered in Map Act
—59—
DETAILS
Proposed
Previous
Comments
20.04.010
20.12.160
Modified per League model. Conformed to
General Plan, adds exceptions.
20.05.010
Added
Per League model (Citations).
20.12.010
Part of 20.08.110
Per League Model (Definitions).
20.12.020
20.04.010
Added Planning Director designated as
agency for parcel maps
20.16.010
Part of 20.08.140
Moved from Definitions where it was buried.
Parcel Map Procedure.
20.16.020
Part of 20.08.140
Moved from Definitions where it was buried.
Parcel Map Procedure.
20.16.030
20.20.060
Moved from section on tentative maps for ease
of finding, clarity, and logical grouping.
20.16.040
Added
Provision for waiver of parcel maps required
by Map Act.
20.20.010
20.20.010,
Gathered requirements for filing fees in one
20.08.140,
place.
20.24.010
20.24
20.22
Park dedications --no changes.
20.28.010
20.20.010 Part
Conformed to League -model. Filing tentative
maps separated from reference to fees.
20.28.020
20.20.030
Form of Map. Same.
20.28.030
20.20.040
Subdivider's Statement. No change.
Chapter 36 -
Design, General
20-36.010
20.12.010
Added reference to 11.24.160, definition
of standard improvements.
20-36.020
20.12.020
No change. Property lines at block corners.
20.36.030
20.12.030
No change. Alignment --extension.
20.36.040
20.12.040
No change. Curve radii.
20.36.050
20.12.050
No change. Reserved stripe.
2
DETAILS (continued)
Proposed
Previous
Comments
20.36.060
20.12.060
No change. Intersection angles.
20.36.070
20.12.070
No change. Cul-de-sac exceptions.
20.36.080
20.12.080
No change. Lots adjacent to freeway.
20.36.090
20.12.090
No change. Street widths.
20.36.100
20.12.100
No change. Alley widths.
20.36.110
20.12.120
No change. Lots --size, shape, etc.
20.36.120
20.12.130
Same: Walkways.
20.36.130
20.12.140
Same: Water courses.
20.36.140
20.12.150
Same: Land subject to inundation.
20.36.150
20,16.070
Moved Utilities intact from chapter on
Improvements --Bonds.
Chapter 20.40
Expiration of Maps & Extensions
20.40.010 20.24.010 Expiration of map approval moved from chapter
on Final Maps. Added section (c) time limit
on extensions and (d) modification of approved
map. Does not extend time limits.
20.40.020 20.08.140, Failure to file parcel map in 24 months ter-
20.20.040 minates. Put in one place with one time limit
(180 days v. 12 months). Map Act says 24
months.
Chapter 20.44 - Appeals
20.4o.010 20.32.010 Same. Notice.
20.40.020 20.32.020 Same. Report.
20.40.030 20.32.030 Same. Action by City Council.
-61-
3
DETAILS (continued)
Proposed Previous Comments
Chapter 20.48 - Waiver of Access
20.48.010 Added
Waiver of direct street access with
dedication.
Chapter 20.52 - Dedication Requirements
20.52.010 20.12.110 Easements: dedication requirement moved
from Design: General Requirements.
Chapter 20.56 - Drain r; Sewer Facilities
20.56.010 20.16.060 Part Payment of fees required Installation of
sanitary and storm deleted.
Chapter 20.60 - Bridge Crossings, Major Thoroughfares
20.60.010 Added Allows assessing and collecting fees per
664.84.
Chapter 20.64 - Supplementary Improvement & Reimbursement
Agreement
20.64.010 Added Allows us to require installation of im-
provements above what the subdivider
requires.
Chapter 20.68 - Improvements Security
20.68.010 Part of 20.16.140 Provides for entirechapter on security and
.020 refers to Map Act for type, amount and rules
•030 for release.
Chapter 20.72 - Soils Report
20.72.010 Added Establishes rules of soils reports per
Map Act.
Chapter 20.76 - Monuments b Bench Marks
20.76.010 20.16.010 Moves from section on Improvements. Bonds to
own section, as per League model.
-62-
4
DETAILS (continued)
Proposed Previous Comments
Chapter 20.80 - Environmental Impact
and Grading and Erosion Control
20.80.010 Added Requirement for Environmental Impact
Statement: See Map Act 66411.
Chapter 20.84 - Land Development
20.84.010 20.36.010 Same: Development meaning.
20.84.020 20.36.020 Rephrased to eliminate references to
previous code numbers, e.g., Section
9100 et seq.
-63-
PROPOSED
TITLE 20
SUBDIVISIONS AND LAND DEVELOPMENT
Chapters:
20.04
Conformity to General Plan and Waiver
20.08
Citation and Authority
20.12
Definitions
20.16
Parcel Map Procedures
20.20
Imposition of Reasonable Filing Fees
20.24
Park Dedication
20.28
Filing of Tentative Maps
20.32
Vesting Tentative Maps
20.36
Design - General Regulations
20.40
Expiration of Maps and Extensions
20.44
Appeals - Advisory Agency
20.48
Waiver of Direct Street Access
20.52
Dedications for Streets, Alleys, etc. and Other Public
Easements
20.56
Drainage and Sewer Facilities Fees
20.60
Bridge Crossings and Major Thoroughfares
20.64
Supplemental Improvements Reimbursement Agreements
20.68
Improvement Security
20.72
Soils Reports
20.76
Monuments and Benchmarks
20.80
Environmental Impact and Grading and Erosion Control
20.84
Land Development
Chapter 20.04
Conformity to General Plan and Waiver
20.04.010 General Plan conformance: time for or waiver of report.
(a) A report as to conformity to the General Plan, which is required
pursuant to Section 65402 of the Government Code as the result of a
proposed division of land, may be included as part of and at the same time
as the action taken by the advisory agency on such division of land.
(b) Such report is not required for a proposed subdivision which
involves 1) the disposition of the remainder of a larger parcel which was
acquired and used in part for street purposes; 2) acquisitions,
disportions or abandonments for street widening; or 3) alignment projects,
provided that the advisory agency expressly finds that any such
disposition for street purposes, acquisitions, dispositions or
abandonments for street widening or alignment projects is of a minor
nature.
Chapter 20.08
Citation and Authority
20.08.010 Citation and authority. This title is adopted to
supplement and implement the Subdivision Map Act and may be cited as the
"Subdivision Ordinance of the City of Campbell."
Chapter 20.12
Definitions
20.12.010 Definitions. Whenever any words or phrases as used in this
Title are not defined herein but are defined in the Subdivision Map Act as
last amended, such definitions are incorporated herein and shall be deemed
to apply as though set forth in the Title.
20.12.020 Advisory agency.
(a) Tentative Subdivision Maps. The Planning Commission of the City
of Campbell shall constitute the "advisory agency" for tentative
subdivision maps.
(b) Tentative Parcel Maps. The Planning Director shall constitute
the "advisory agency" for tentative parcel maps.
Chapter 20.16
Parcel Map Procedures
Sections:
20.16.010 Requirement
20.16.020 Tentative parcel map
20.16.030 Action on tentative parcel maps
20.16.040 Parcel map waiver
20.16.010 A parcel map shall be filed and recorded for any
subdivision for which a tentative and final map is not required by the
Subdivision Map Act except for subdivisions created by short term leases
(terminable by either party on not more than 30 days notice in writing) of
a portion of an operating right-of-way of a railroad corporation defined
as such by Section 230 of the Public Utilities Code; provided, however,
that upon a showing made to the Planning Director based upon substantial
evidence that public policy necessitates such a map, this exception shall
not apply.
Such maps shall meet all the requirements of the Subdivision Map Act
and of this Title and shall show all dedications or offers of dedication
thereon.
The Planning Director may require that such dedications or offers of
dedication be made by deed in lieu of or in addition to appearing on the
map.
20.16.020 When a parcel map is required by this Title, a tentative
parcel map shall first be filed with the Director of Public Works. Said
map shall meet all the requirements for tentative maps provided by the
Subdivision Map Act and this Title.
20.16.030 Action on tentative parcel maps. The Planning Director
shall approve or deny an application to subdivide lands into four or fewer
lots. Applications therefor shall be accepted only upon payment of a fee
in an amount prescribed by resolution of the City Council.
Before approval or conditional approval may be given, such subdivision
must be considered by the City Engineer. All conditions required by the
City Engineer shall be incorporated in the Planning Director's conditional
approval. Denial by the City Engineer shall require denial of the
tentative map.
All lots created by such subdivision shall have frontage upon a street
dedicated as a public street, provided that the Planning Director may
approve not more than one lot without such required frontage on a public
street, hereinafter referred to as "rear lot", under the following
conditions:
(1) The front lot shall meet all of the requirements of the zoning
district within which it is located.
(2) The rear lot shall meet all of the requirements of the zoning
district within which it is located and, in addition, shall have an area
which exceeds the lot area requirement by ten percent exclusive of any
access to a public street.
(3) Access to the public street for a rear lot shall not be over an
easement but over land under the same ownership as that of rear lot; such
access shall have a minimum width of fifteen feet and shall have a paved
way not less than ten feet in width.
The Planning Director shall have authority in granting such
application to impose such conditions as are deemed necessary to protect
the best interests of the surrounding property or neighborhood consistent
with the general purpose and intent of this title, including, but not
limited to, adequate provisions for fire protection, easements for public
utilities and improvements of all proposed streets to the standard
prescribed in Chapter 11 or such lesser standards as may be approved by
the Planning Director.
Before such subdivision is approved, the applicant shall pay all
unpaid county and municipal taxes except taxes not yet payable.
A denial of such application may be appealed by the applicant to the
Planning Commission within ten days after the mailing of notice of the
decision of the Planning Director to the applicant at the address shown on
the application.
The appeal shall be in writing, shall be filed with the secretary of
the Planning Commission, and shall generally set forth the grounds of
appeal. Any decision of the Planning Director not so appealed shall be
final on that tentative map, and any appeal not filed within the specific
time shall be dismissed by the Planning Commission. After due
consideration, the Planning Commission may approve, approve subject to
conditions or disapprove the appeal.
In any case, where the Planning Commission grants approval subject to
conditions, said conditions shall be fulfilled within twenty-four months
after the decision of the Planning Commission, or within such time as the
Planning Commission may prescribe. If all of the conditions are not
fulfilled within such period, the application and any approval thereof
shall automatically be void and no building permit or other permit issued
by the city shall be issued to be used upon or with respect to the
subdivision as approved until a new application has been made and approved
as provided in this section. Prior to the fulfillment of all of the
conditions, no building or other such permit shall be issued during the
twenty four month period for any structure or use which would not qualify
for a permit in the event the approval should become void under this
section unless a proper bond is posted guaranteeing fulfillment of such
conditions.
20.16.040 Parcel Map Waiver. The requirement for a parcel map may be
waived whenever the Planning Director finds that the proposed division of
land meets all city requirements as to 1) area, 2) improvement and design,
3) flood water drainage control, 4) appropriate improved public roads, 5)
sanitary disposal facilities, 6) water supply availability, 7)
environmental protection, 8) all other requirements of the Subdivision Map
Act and any appicable provisions of this Title.
Chapter 20.20
Imposition of Reasonable Filing Fees
20.20.010 Map Processing Fee. Every person submitting a tentative
map, parcel map or final map shall pay a processing fee in an amount
prescribed by resolution of the City Council.
Chapter 20.24
Park Dedication
Sections:
20.24.010 Purpose
20.24.020 Requirements
20.24.030 General standard
20.24.040 Standards and formula for dedication of land
20.24.050 Formula for fees in lieu of land dedication
20.24.060 Criteria for requiring both dedication and fee
20.24.070 Amount of fee in lieu of land dedication
20.24.080 Subdivisions not within general plan
20.24.090 Determination of land or fee
20.24.100 Credit for private open space
20.24.110 Schedule of improvements
20.24.120 Apartment conversions
20.24.130 Nonresidential subdivisions
20.24.140 Severability
20.24.150 Effective date
20.24.010 Purpose. This chapter is enacted pursuant to the authority
granted by the Subdivision Map Act of the state. The park and
recreational facilities for which dedication of land and/or payment of a
fee is required by this chapter are in accordance with the Open Space
Element of the General Plan of the city, adopted by the city on November
13, 1978. (Ord. 1459 1(part), 1983).
20.24.020 Requirements. As a condition of approval of a final
subdivision map, the subdivider shall dedicate land, pay a fee in lieu
thereof, or both, at the option of the city, for park or recreational
purposes at the time and according to the standards and formula in this
chapter. (Ord. 1459 1(part), 1983).
20.24.030 General standard. The public interest, convenience,
health, welfare and safety require that four acres of property for each
one thousand persons be devoted for park and recreational purposes. (Ord.
1459 l(part), 1983).
20.24.040 Standards and formula for dedication of land. Where a park
or recreational facility has been designated in the open space or
conservation element of the general plan of the city, and is to be located
in whole or in part within the proposed subdivision to serve the immediate
and future need of the residents of the subdivision, the subdivider shall
dedicate land for parks and recreational purposes equivalent in size to
the standard currently achieved by the community.
The standard achieved by the community has been determined to be as
follows:
July, 1982--1983.............................2.03 acres
July, 1983--1984.............................2.12 acres
July, 1984--1985.............................2.19 acres
July, 1985--1986.............................2.22 acres
after July, 1986.............................2.26 acres
Note: The increase in the standard achieved reflects the retirement
of the 1969 park bond issue.
The formula for determining the area to be dedicated shall be as
follows:
acres dedicated =
(# of dwelling units) x (# of people) x (2.26 acres)
dwelling unit 1,000 people
where the number of people per dwelling unit shall be determined from the
latest Campbell census (1980--2.3). (Ord. 1459 l(part), 1983).
20.24.050 Formula for fees in lieu of land dedication. A. General
Formula. If there is no park or recreational facility designated in the
open space or conservation element of the general plan to be located in
whole or part within the proposed subdivision, the subdivider shall, in
lieu of dedicating land, pay a fee equal to the value of the land
prescribed for dedication in Section 20.24.040 and in an amount determined
in accordance with the provisions of Section 20.24.070.
B. Fees in Lieu of Land --Fifty Parcels or Less. If the proposed
subdivision contains fifty parcels or less, the subdivider shall pay a fee
equal to the land value of the portion of the park required to serve the
needs of the residents of the proposed subdivision as prescribed in
Section 20.24.040 and in an amount determined in accordance with the
provisions of Section 20.24.070.
C. Use of Money. The money collected hereunder shall be placed in a
special revenue fund which is hereby created and which shall be known as
the park dedication in -lieu tax fund. Moneys within this fund shall be
used and expended solely for the acquisition, improvement, expansion or
implementation of parks and recreational facilities of the city. Said
moneys, as they relate to fees paid for any given subdivision, shall be
used first for the purpose of providing park or recreational facilities
reasonably related to serving said subdivision by way of the purchase of
necessary land, or, if the City Council deems that there is sufficient
land available for said subdivision, then secondly said moneys shall be
used for improving such land for park and recreational purposes. (Ord.
1459 l(part), 1983).
20.24.070 Amount of fee in lieu of land dedication. Where a fee is
required to be paid in lieu of land dedication, the amount of such fee
shall be based upon the fair market value of the amount of land which
would otherwise be required to be dedicated pursuant to Section
20.24.040. The Director of Public Works shall, annually, determine the
fair market value of the residential land in the city, and this
determination shall be used in calculating the fee to be paid. If a
subdivider objects to the fair market value determination, he may, at his
own expense, obtain an appraisal of the property by a qualified real
estate appraiser approved by the city, which appraisal of fair market
value may be accepted by the City Council, if found reasonable.
Alternatively, the city and the subdivider may agree as to the fair market
value. (Ord. 1459 l(part), 1983).
20.24.080 Subdivisions not within general plan. Where the proposed
subdivision lies within an area not then but to be included within the
city 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 general plan and in accordance with
the provisions of this chapter. (Ord. 1459 l(part), 1983).
20.24.090 Determination of land or fee. If the relationship between
a proposed subdivision containing fifty parcels or more and the open space
and conservation element is unclear, the City Council shall determine
whether it accepts land dedication or elects to require payment of a fee
in lieu thereof by consideration of the following:
A. Topography, geology, access and location of land in the
subdivision available for dedication;
B. Size and shape of the subdivision and land available for
dedication;
C. The feasibility of dedication;
D. Availability of previously acquired park property.
The determination of the City Council as to whether land shall be
dedicated, or whether a fee shall be charged, or a combination thereof,
shall be final and conclusive. (Ord. 1459 1(part), 1983).
20.24.100 Credit for private open space. Where 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, not to exceed fifty percent,
may be given against the requirement of land dedication or payment of fees
in lieu thereof if 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; and
B. That the private ownership and maintenance of the open space is
adequately provided for by recorded written agreement, conveyance, or
restrictions; and
C. That the use of the private open space is restricted for park 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 successor; and
D. That the proposed private open space is reasonably adaptable for
use for park and recreational purposes, taking into consideration such
factors as size, shape, topography, geology, access and location; and
E. The facilities proposed for the open space are in substantial
accordance with the provisions of the open space and conservation element
of the general plan; and
F. That the open space for which credit is given provides a minimum
of five of the local park basic elements listed below, or a combination of
such and other recreational improvements that will meet the specific
recreation park needs of the future residents of the area:
Acres
1.
Children's play apparatus area
.50
to
.75
2.
Landscape park -like and quiet areas
.50
to
1.00
3.
Family picnic area
.25
to
.75
4.
Game court area
.25
to
.50
5.
Turf playfield
1.00
to
3.00
6.
Swim pool (42' x 75' with adjacent deck)
and lawn areas
.25
to
.50
7.
Recreation center building
.15
to
.25
Before credit is given, the Community Services Director shall make written
findings that the above standards are met. (Ord. 1459 l(part), 1983).
20.24.110 Schedule of improvements. The city shall annually develop
a schedule specifying how and when it will use the land or fees or both to
develop park or recreational facilities. Any fees collected under the
ordinance shall be committed within five years after the payment of such
fees or the issuance of building permits on one-half of the lots created
by the subdivision, whichever occurs later. If such fees are not
committed, they shall be distributed and paid to the then record owners of
the subdivision in the same proportion that the size of their lot bears to
the total area of all lots within the subdivision. (Ord. 1459 l(part),
1983).
20.24.120 Apartment conversions. The provisions of this chapter do
not apply to the conversion of an apartment building which is more than
five years old when no new dwelling units are added. Twenty percent of
the fee shall be excused for each year since the issuance of building
permit for apartments that are less than five years old. (Ord. 1459
1(part), 1983).
20.24.130 Nonresidential subdivisions. The provisions of this
chapter shall not apply to nonresidential subdivisions. (Ord. 1459
l(part), 1983).
20.24.140 Severability. If any provision of this chapter or
application thereof to any person or circumstances is held invalid, such
invalidity shall not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are declared
to be severable. (Ord. 1459 l(part), 1983).
20.24.150 Effective date. The ordinance codified herein shall be
effective and operative thirty days from and after May 17, 1983. (Ord.
1459 1(part), 1983).
Chapter 20.28
Filing of Tentative Maps
Sections:
20.28.010 Filing of tentative maps
20.28.020 Form
20.28.030 Subdividers statement
20.28.010 Filing of Tentative Maps. Tentative maps shall be filed
with the Director of Public Works and shall be processed in accordance
with the Subdivision Map Act and the provisions of this Title. The
subdivider shall file as many copies of the tentative map as may be
required by the Director of Public Works.
20.28.020 Form. Tentative maps shall be eighteen by twenty-six
inches in size and to a scale of one inch equals not more than one hundred
feet.
Tentative maps of the subdivision of any land shall contain the
following information:
1) The tract name (if applicable), date, north point, scale and
sufficient description to define the location and boundaries of the
proposed tract;
2) Name and address of record owner or owners;
3) Name and address of the subdivider;
4) Name and business address of the person who prepared the tentative
map;
5) Sufficient elevations or contours to determine the general slope
of the land, the high and low points thereof, and all drainage features;
6) The locations, names, widths and approximate grades of all roads,
streets, highways and ways in the proposed subdivision to be offered for
dedication;
7) The locations, names and existing widths of all adjoining and
contiguous highways, streets and ways;
8) The approximate widths, locations and purposes of all existing and
proposed easements;
9) Approximate lot lay -out and approximate dimensions of each lot.
Lots shall be numbered;
10) The configurations and locations of any existing buildings which
are to remain in place on the property.
20.28.030 Subdividers Statement. The subdividers statement to appear
upon or to accompany the tentative map shall contain the following
information:
1) Existing use or uses of the property;
2) Proposed use or uses of the property;
3) Statement of the improvements and public utilities proposed to be
made or installed;
4) Provision of sewerage and sewage disposal;
5) Public areas proposed;
6) Tree planting proposed;
7) Justification and reasons for any exceptions to provisions of this
chapter;
8) Names of adjoining property owners.
b
Chapter 20.32
Vesting Tentative Maps
Sections:
20.32.010
Citation and authority
20.32.020
Purpose and intent
20.32.030
Consistency
20.32.040
Definitions
20.32.050
Application
20.32.060
Filing and processing
20.32.070
Fees
20.32.080
Expiration
20.32.090
Vesting on approval of vesting tentative map;
California Government Code paragraph 66474.2
20.32.100
Development inconsistent with zoning - conditional
approval
20.32.110
Applications inconsistent with current policies
20.32.010 Citation and Authority. This ordinance 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
(hereinafter referred to as the Vesting Tentative Map Statute), and may be
cited as the Vesting Tentative Map Ordinance.
20.32.020 Purpose and Intent. It is the purpose of this ordinance to
establish procedures necessary for the implementation of the Vesting
Tentative Map Statute, and to supplement the provisions of the Subdivision
Map Act and the Subdivision Ordinance. Except as otherwise set forth in
the provisions of this ordinance, the provisions of the Subdivision
Ordinance shall apply to the Vesting Tentative Map Ordinance.
To accomplish this purpose, the regulations outlined in this ordinance
are determined to be necessary for the preservation of the public health,
safety and general welfare, and for the promotion of orderly growth and
development, by protecting the property rights of the citizens of the City
of Campbell and State of California as established by general law
inconsistent with the General Plan and any applicable specific plan or not
permitted by the zoning ordinance or other applicable provisions of the
Municipal Code.
20.32.040 Definitions. (a) A "vesting tentative map" shall mean a
"tentative map" for a residential subdivision, as defined in the Campbell
Subdivision Ordinance, that shall have printed conspicuously on its face
the words "Vesting Tentative Map" at the time it is filed in accordance
with 20.26.060, and is thereafter processed in accordance with the
provisions hereof.
(b) All other definitions set forth in the Campbell Subdivision
Ordinance are applicable.
20.32.050 Application. (a) This ordinance shall apply only to
residential developments. Whenever a provision of the Subdivision Map
Act, as implemented and supplemented by the Campbell Subdivision
Ordinance, requires the filing of a tentative map or tentative parcel map
for a residential development, a vesting tentative map may instead be
filed, in accordance with the provisions hereof.
(b) If a subdivider does not seek the rights conferred by the Vesting
Tentative Map Statute, the filing of a vesting tentative map shall not be
a prerequisite to any approval for any proposed subdivision, permit for
construction, or work preparatory to construction.
20.32.060 Filing and Processing. A vesting tentative map shall be
filed in the same form and have the same contents, accompanying data and
reports and shall be processed in the same manner as set forth in the
Campbell Subdivision Ordinance for a tentative map except as hereinafter
provided:
(a) At the time a vesting tentative map is filed it shall have
printed conspicuously on its face the words "Vesting Tentative Map."
(b) At the time a vesting tentative map is filed a subdivider shall
also supply the following information:
1. Verification of approval of the associated Planned
Development Permit, Conditional Use Permit, or other
planning permit approval granted by the appropriate
decision -making body of the City of Campbell or, if none
required, then;
2. Height, size, and location of buildings
3. Sewer, water, storm drain and road details
4. Information on the uses to which the buildings will be put
20.32.070 Fees. (a) Upon filing a vesting tentative map, the
subdivider shall pay the fees required by the City Council for the filing
and processing of a tentative map.
20.32.080 Expiration. The approval or conditional approval of a
vesting tentative map shall expire at the end of the same time period, and
shall be subject to the same extensions, established by the Subdivision
Ordinance for the expiration of the approval or conditional approval of a
tentative map.
20.32.090 Vesting on Approval of Vesting Tentative Map. (a) The
approval or conditional approval of a vesting tentative map shall confer a
vested right to proceed with development in substantial compliance with
the ordinances, policies, and standards described in Government Code
Paragraph 66474.2.
However, if Section 66474.2 of the Government Code is repealed, the
approval or conditional approval of a Vesting Tentative Map shall confer a
vested right to proceed with development in substantial compliance with
the ordinances, policies, and standards in effect at the time the vesting
tentative map is approved or conditionally approved.
(b) Notwithstanding subdivision (a), a permit, approval, extension,
or entitlement may be made conditional or denied if any of the following
are determined:
(1) A failure to do so would place the residents of the
subdivision or the immediate community, or both, in a condition
dangerous to their health or safety, or both.
(2) The condition or denial is required in order to comply with
state or federal law.
(c) The rights referred to herein shall expire if a final map is not
approved prior to the expiration of the vesting tentative map as provided
in 20.26.080. If the final map is approved, these rights shall last for
the following periods of time:
(1) An initial time period of one year.
Where several final maps are recorded on various phases of a
project covered by a signle vesting tentative map, this initial
time period shall begin for each phase when the final map for
that phase is recorded.
(2) The initial time period set forth in (c) (1) shall be
automatically extended by any time used for processing a complete
application for a grading permit or for design or architectural
review, if such processing exceeds 30 days, from the date a
complete application is filed.
(3) A subdivider may apply for a one-year extension at any time
before the initial time period set forth in (c) (1) expires. If
the extension is denied, the subdivider may appeal that denial to
the City Council within 15 days.
(4) If the subdivider submits a complete application for a
building permit during the periods of time specified in
subdivisions (1) - (3), the rights referred to herein shall
continue until the expiration of that permit, or any extension of
that permit.
20.32.100 Development Inconsistent With Zoning --Conditional Approval.
(a) Whenever a subdivider files a vesting tentative map for a
subdivision whose intended development is inconsistent with the zoning
ordinance in existence at that time, that inconsistency shall be noted on
the map. The City may deny such a vesting tentative map or approve it
conditioned on the subdivider, or his or her designee, obtaining the
necessary change in the zoning ordinance to eliminate the inconsistency.
If the change in the zoning ordinance is obtained, the approved or
conditionally approved vesting tentative map shall, notwithstanding
20.26.090(a),confer the vested right to proceed with the development in
substantial compliance with the change in the zoning ordinance and the
map, as approved.
(b) The rights conferred by this section shall be for the time
periods set forth in Paragraph 20.26.090(c).
20.32.110 Applications Inconsistent with Current Policies. Not-
withstanding any provision of this ordinance, a property owner or his or
her designee may seek approvals or permits for development which depart
from the ordinances, policies, and standards described in 20.26.090(a) and
20.26.100,and local agencies may grant these approvals or issue these
permits to the extent that the departures are authorized under applicable
law.
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Chapter 20.36
Design - General Regulations
Sections:
20.36.010 Street design generally
20.36.020 Property lines at block corners
20.36.030 Alignment - Extension
20.36.040 Curve radii
20.36.050 Reserved strips
20.36.060 Intersection angles
20.36.070 Extension to permit future subdivision
20.36.080 Lots adjacent to freeway or expressway
20.36.090 Width of streets and highways
20.36.100 Width of alleys
20.36.110 Lots - size, shape, side lines, divisions and interior
20.36.120 Walkways
20.36.130 Water courses
20.36.140 Land subject to inundation
20.36.150 Utilities
20.36.010 Street design generally. (a) Improvement work shall not
be commenced until plans and profiles for such work have been submitted to
and approved by the City Engineer. Such plans shall be required before
approval of the final map. All such plans and profiles shall be prepared
in accordance with requirements of the City Engineer. Cost of checking
plans shall be paid by the subdivider. (Prior code 9113).
(b) The street and highway design shall conform both in width and
alignment to any general plan of streets and highways approved by the City
Council, and rights -of -way for such streets or highways shall be dedicated
and improved.
(c) The street and highway design shall conform to any proceedings
affecting the subdivision which may have been initiated by the City
Council or approved by the council upon initiation by other legally
constituted bodies of the city, county or state. If a parcel of land to
be subdivided includes a portion of the right-of-way to be acquired for a
freeway or expressway, and the City Council shall determine the boundaries
of the right-of-way to be acquired, the subdivider shall either dedicate
or withhold from subdivision all the area included in the right-of-way.
(d) Standard improvements. Improvements required pursuant to this
title shall be in conformance with Section 11.24.160.
20.36.020 Property lines at block corners. The property line at
block corners shall be rounded by a curve having a radius of at least
twenty feet. In those instances where the streets do not meet at right
angles or where at least one of the streets has or is planned to have four
moving lanes of traffic, the radius may be increased. Where both of the
streets have or are planned to have four moving lanes or more of traffic
then the radius shall be at least thirty feet. A larger radius may be
required upon recommendation of the City Engineer.
20.36.030 Alignment --Extension. All streets shall, as far as
practical, be in alignment with existing adjacent streets by continuations
of the centerlines thereof or by adjustments by curves, and shall be in
general conformity with the general plan made for the most advantageous
development of the area in which the subdivision lies.
The streets shown on the general plan and those existing streets which
extend in excess of one-half mile shall be extended and/or widened through
the parcel proposed to be subdivided. (Prior code).
20.36.040 Curve radii. The centerline curve radii on all streets and
highways shall conform to accepted engineering standards of design and
shall be subject to approval by the City Engineer.
20.36.050 Reserved strips. Reserved strips controlling the access to
public ways or which will not prove taxable for special improvements, will
not be approved unless such strips are necessary for the protection of the
public welfare or of substantial property rights, or both. The control
and disposal of the land comprising such approved strips shall be placed
definitely within the jurisdiction of the City under conditions approved
by the City Council.
20.36.060 Intersection angles. Street centerlines shall be required
to intersect one another at an angle as near to a right angle as is
practicable by tangents not less than seventy-five feet in length.
20.36.070 Extension to permit future subdivision. Where necessary to
give access to or permit a satisfactory future subdivision of adjoining
land, streets shall extend to the boundary of the property and the
resulting dead-end streets may be approved without a cul-de-sac. In all
other cases a cul-de-sac having a minimum right-of-way radius of forty
feet shall be required.
20.36.080 Lots adjacent to freeway or expressway. When lots proposed
for commercial usage front on any major or secondary street or highway,
the subdivider may be required to dedicate and improve a service road to
provide ingress and egress to and from such lots; or in lieu thereof, if
approved by the Planning Commission, the subdivider may dedicate for
public use and improve an area adjacent to such lots for offstreet parking
purposes. When any lots proposed for residential use front on any freeway
or expressway, the subdivider shall dedicate and improve a service road at
the front of such lots, unless such is already existent as a part of such
freeway or expressway. In addition to any requirement for a service road,
the Planning Commission may require adequate off-street parking areas for
all lots proposed for commercial use.
When the rear or side lines of any lots border any major secondary
street, highway or expressway, the subdivider may be required to execute
and deliver to the City an instrument of ingress and egress to such lots
across the side lines of such streets or highways. When the rear or side
lines of any lots border any freeway, state highway or expressway, the
subdivider may be required to dedicate and improve an adjacent planting
strip.
20.36.090 Width of streets and highways. Streets and highways not
shown on any general plan or incorporated in approved plan lines or
affected by proceedings initiated by the City Council or approved by the
City Council upon initiation by other legally constituted governmental
bodies shall not be of less width than those set forth under this chapter,
except where it can be shown by the subdivider, to the satisfaction of the
Planning Commission, that the topography or the small number of lots
served and the probable future traffic development are such as to
unquestionably justify a narrower width. Increased widths may be required
where streets are to serve commercial property, or where probable traffic
conditions warrant such increased widths.
1) Local streets - minimum right-of-way: sixty feet;
2) Cul-de-sac streets - if not over three hundred fifty feet in
length, may provide fifty-six feet right-of-way.
20.36.100 Width of alleys. When any lots are proposed for commercial
or industrial usage, alleys at least twenty feet in width shall be
provided at the rear thereof with adequate ingress and egress for truck
traffic.
20.36.110 Lots --Size, shape, side lines, divisions and interior. The
size and shape of lots shall be in conformance with any zoning regulations
effective in the area of the proposed subdivision and as shown on the
zoning map.
The side lines of all lots, so far as possible, shall be at right
angles to streets or radial or approximately radial to curved streets.
No lot shall be divided by a city boundary line.
Interior lots having double frontage will not be approved.
20.36.120 Walkways. The subdivider may be required to dedicate and
improve walkways through long blocks, and walkways to provide access to
school, park or other public areas.
20.36.130 Water courses. The subdivider shall, subject to riparian
rights, dedicate a right-of-way for storm drainage purposes conforming
substantially with the lines of any natural water course or channel,
stream or creek that traverses the subdivision or provide by dedication
further and sufficient easements or construction, or both, to dispose of
such surface and storm water.
If a parcel of land to be subdivided includes a portion of the
right-of-way to be acquired for flood control or drainage purposes and the
City Council shall determine the boundaries of the right-of-way to be
acquired, the subdivider shall either dedicate or withhold from
subdivision all the area included in said right-of-way.
20.36.140 Land subject to inundation. If any portion of any land,
within the boundaries shown on any such final map or record of survey map,
is subject to overflow, inundation or flood hazard by storm water, such
fact and the portion shall be clearly shown on such final map or record of
survey map, enclosed in a border on each sheet of the map.
20.36.150 Utilities. Utility facilities adequate to supply
communication, electrical, gas, water and fire protection service to each
lot of the subdivision shall be constructed and installed within the
subdivision.
1) All utility distribution facilities (including but not limited to
electrical, communication and cable television lines) installed in and for
the purpose of supplying service to any subdivision or development shall
be placed underground, except for the following:
(A) Equipment appurtenant to underground facilities, such as surface -
mounted transformers, pedestal -mounted terminal boxes and meter cabinets,
and concealed ducts,
(B) Metal poles supporting electrical transmission lines, and the
electrical transmission lines if the voltage carried by such lines is more
than twelve kilovolts and such lines are not connected to any distribution
line situated within the subdivision and do not in any way serve any part
of the subdivision,
(C) Pole supporting street lights and the electrical lines within
said poles;
2) On subdivisions of four lots or less and on developments on single
lot building sites, where no subdivision is involved, the Planning
Director, with the concurrence of the City Engineer, may authorize the
substitution of overhead facilities and appurtenances in lieu of
underground facilities. The City Engineer and Planning Director shall use
the following factors in determining if the substitution is equitable to
all parties concerned:
(A) The future potential number of building sites, in both the
involved subdivision or lot and in surrounding areas,
(B) The estimated cost of underground facilities as compared to
standard wooden pole overhead facilities, per lot and in the aggregate,
(C) Compatibility with surroundings as to:
(i) Type of existing facilities
(ii) Type of probable future facilities
(iii) Other pertinent environmental features
The subdivider or developer may appeal the decision of the Planning
Director and City Engineer in the manner set forth in Section 20.44.010.
3) The subdivider is responsible for complying with the requirements
of this section, and shall make the necessary arrangements with the
utility companies involved for the installation of said facilities;
4) The Planning Commission may waive the requirements of this section
and authorize the substitution of overhead facilities and appurtenances if
it finds that topographical, soil, or other conditions make underground
installation of the facilities unreasonable or impractical.
Chapter 20.40
Expiration of Maps and Extensions
20.40.010 Expiration of Tentative Map Approval. (a) Expiration.
The approval or conditional approval of a tentative map shall expire
twenty four months from the date the map was approved or conditionally
approved.
(b) Extension. The person filing the tentative map may request an
extension of the tentative map approval or conditional approval by written
application to the Planning Commission. The application shall state the
reasons for requesting the extension. In granting an extension, new
conditions may be imposed and existing conditions may be revised.
(c) Time Limit on Extensions. An extension or extensions of
tentative map approval or conditional approval shall not exceed an
aggregate of twelve months.
(d) Effect of Map Modification on Extensions. Modification of a
tentative map after approval or conditional approval shall not extend the
time limits imposed by this section.
20.40.020 Failure to File Parcel Map. Failure to file a parcel map
with the County Recorder within twenty four months from the approval or
conditional approval of such map shall terminate all proceedings. Any
subdivision of the same land shall require the filing of a new map.
Chapter 20.44
Appeals
20.44.010 Notice. Appeal may be made from any decision, determination
or requirement of the Planning Commission or City Engineer by filing a
notice thereof in writing with the City Clerk within ten days after such
decision or determination or requirement is made. Such notice shall set
forth in detail the action and the grounds upon which the subdivider deems
himself aggrieved.
20.44.020 Report. The City Clerk shall report the filing of such
notice to the Planning Commission and the City Council by the one whose
decision, determination or requirement is being appealed.
20.44.030 Action by City Council. The City Council at its next
regular meeting following the filing of the appeal, or within 10 days
following the filing thereof, shall set the appeal for hearing to be held
within twenty-one days thereafter and such hearing may for good cause be
continued by order of the City Council. Upon the hearing of the appeal,
the City Council may overrule or modify the decision, determination or
requirement appealed from and enter any such order or orders as are in
harmony with the spirit and purpose of this chapter and such disposition
of the appeal shall be final.
Chapter 20.48
Waiver of Direct Street Access
20.48.010 Waiver of direct access to streets. The advisory agency
may impose a requirement that any dedication or offer of dedication of a
street shall include a waiver of direct access rights to such street from
any property shown on a final map as abutting thereon, and that if the
dedication is accepted such waiver shall become effective in accordance
with the provisions of the waiver of direct access.
Chapter 20.52
Dedication Regulations for Streets, Alleys,
Drainage, Public Utility Easements
and Other Public Easements
20.52.010 Requirements. As a condition of approval of a map, the
subdivider shall dedicate or make an irrevocable offer of dedication of
all parcels of land within the subdivision that are needed for streets,
alleys, including access rights and abutters' rights, drainage, public
utility easements, and other public easements.
Chapter 20.56
Drainage and Sewer Facilities
20.56.010 Payment of fees required. Prior to filing of any final map
or parcel map, the subdivider shall pay or cause to be paid any fees for
defraying the actual or estimated costs of constructing planned drainage
facilities for the removal of surface and storm waters from local or
neighborhood drainage areas or sanitary sewer facilities for local
sanitary sewer areas established pursuant to Section 66483 of the
Government Code.
Chapter 20.60
Bridge Crossings and Major Thoroughfares
20.60.010 Purpose. The purpose of this Title is to make provision
for accessing 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 or major
thoroughfares pursuant to Section 66484 of the Government Code.
Chapter 20.64
Supplemental Improvements Reimbursement Agreements
20.64.010 Supplemental improvements: required. The subdivider may
be required to install improvements for the benefit of the subdivision
which may contain supplemental size, capacity or number for the benefit of
property not within the subdivision as a condition precedent to the
approval of a subdivision or parcel map, and thereafter to dedicate such
improvements to the public. However, the subdivider shall be reimbursed
for that portion of the cost of such improvements equal to the difference
between the amount it would have cost the subdivider to install such
improvements to serve the subdivision only and the actual cost of such
improvements, pursuant to the provisions of the Subdivision Map Act.
Chapter 20.68
Improvement Security
Sections:
20.68.010 Required
20.68.020 Amount
20.68.030 Release
20.68.010 Required. Any improvement agreement, contract or act
required or authorized by the Subdivision Map Act, for which security is
required, shall be secured in the manner provided for in Section 66499 of
the Subdivision Map Act.
20.68.020 Amount. The improvement security shall be in the amount
set forth or authorized in Section 66499.3 of the Subdivision Map Act. If
the improvement security is other than a bond or bonds furnished by duly
authorized corporate surety, an additional amount shall be included as
determined by the City Council as necessary to cover the cost and
reasonable expenses and fees, including reasonable attorney's fees, which
may be incurred by the City in successfully enforcing the obligation
secured.
The improvement security shall also secure the faithful performance of
any changes or alterations in the work to the extent that such changes or
alterations do not exceed ten (10) percent of the original estimated cost
of the improvement.
20.68.030 Release. The improvement security required hereunder shall
be released in the following manner:
(a) Security given for faithful performance of any act or agreement
shall be released upon the final completion and acceptance of the act or
work subject to the provisions of subparagraph (b) hereof.
(b) The Director of Public Works may release a portion of the
security in conjunction with the acceptance of the performance of the act
or work as it progresses upon application therefor by the subdivider;
provided, however, that no such release shall be for an amount less than
ten percent of the total improvement security given for faithful
performance until final completion and acceptance of the act or work. In
no event shall the Director of Public Works authorize a release of the
improvement security which would reduce such security to an amount below
that required to guarantee the completion of the act or work and any other
obligation imposed by this ordinance, the Subdivision Map Act or the
improvement agreement.
(c) Security given to secure payment to the contractor, his
subcontractors and to persons furnishing labor, materials or equipment,
may, six months after the completion and acceptance of the act or work, be
reduced to an amount equal to the amount of all claims therefor filed and
of which notice has been given to the legislative body, plus an amount
reasonably determined by the City Council (Director of Public Works/City
Engineer or other designee) to be required to assure the performance of
any other obligations secured thereby. The balance of the security shall
be released upon the settlement of all such claims and obligations for
which the security was given.
(d) No security given for the guaranty or warranty of work shall be
released until the expiration of the period thereof.
Chapter 20.72
Soils Reports
20.72.010
(a) Before approval of any subdivision of five or more lots, a
preliminary soil report prepared by a Civil Engineer registered with the
State of California based upon adequate test borings or excavations shall
be made.
(b) The preliminary soil report may be waived if the city Building
Official determines that, due to the knowledge such department has as to
the qualities of the soil of the subdivision, no preliminary analysis is
necessary.
(c) If the Building Official has knowledge of, or the preliminary
soil report indicates the presence of critically expansive soils or other
soil problems which, if not corrected, would lead to structural defects, a
soil investigation of each lot in the subdivision shall be prepared by a
civil engineer who is registered by the state. The report shall recommend
corrective action which is likely to prevent structural damage to each
dwelling proposed to be constructed on each lot in the subdivision.
(d) The report shall be filed with the city Building Official who
shall approve the soil investigation if he determines that the recommended
corrective action shall be incorporated in the construction of each
dwelling.
Chapter 20.76
Monuments and Bench Marks
20.76.010. At the time of making the survey for the final map, the
engineer or surveyor shall set sufficient durable monuments to conform
with the standards described in Section 8771 of the Business and
Professions Code so that another engineer or surveyor may readily retrace
the survey.
He shall also set the following additional monuments:
(a) Permanent pipe monuments and boxes shall conform to standards of
the City. Permanent pipe monuments shall be set at each boundary corner
of the subdivision, along the exterior boundary lines at intervals of
approximately five hundred feet and at all beginning of curves and ending
of curves on property lines. Approved monuments shall be set at
intersections of all street monument line tangents and at both the
beginning of curves and ending of curves on all monument lines.
(b) Permanent and accurate bench marks shall be established on the
monument or other approved locations.
(c) All lot corners within a subdivision shall be marked by setting a
three -fourths inch galvanized steel pipe two feet long approximately six
inches below finished grade. Exceptions to this requirement must be
approved by the city engineer, in writing, and shall be granted only
because of existing conditions at this location of the corner which
prohibit installation of such a pipe; in which case the subdivider may be
required to mark the corner in some other manner as a condition of
approval of elimination of the pipe.
Chapter 20.80
Environmental Impact and Grading and Erosion Control
20.80.010 Environmental impact. No parcel or tentative map filed
pursuant to the provisions of this title shall be approved until an
environmental impact analysis is prepared, processed and considered in
accordance with the provisions of City EIR Guidelines. The subdivider
shall provide such fees as may be required for the preparation and
processing of environmental review documents.
20.80.020 Grading and Erosion Control. Every map approved pursuant
to this shall be conditioned on compliance with the requirements for
grading and erosion control, including the prevention of sedimentation or
damage to off -site property.
Chapter 20.84
Land Development - General Provisions
20.84.010. "Development" means any land or portion thereof shown on
the last preceding tax roll as a unit or as contiguous units, the use of
which is to be so changed as to requie a rezoning, building permit, use
permit, variance, "CM" zoning area approval or "S" Special Zoning Area
approval.
20.84.020. In addition to any other regulations provided by law, the
regulations in this part shall apply to all developments or parts of
developments hereafter made of land within the limits of city.
(a) Easements for streets and public service purposes shall be
dedicated as required by the city engineer.
(b) Standard street improvements shall be installed as required by
the city engineer.
(c) Fees shall be paid in an amount prescribed by resolution of the
City Council for the purposes of defraying the actual or estimated costs
of installing storm sewers, or plan checking and inspection of street
improvements.