Lafayette Municipal Code

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

____________ A Codification of the General Ordinances of the City of Lafayette, California ____________ Beginning with Supp. No. 9, Supplemented by Municipal Code Corporation ____________
IMAGE NOT FOUND:\file1.municode.com6435_Logo_Contact_Info.jpg PREFACE The Lafayette, California Municipal Code, originally published by Book Publishing Company in 1990, has been kept current by regular supplementation by Municipal Code Corporation, its successor in interest. During original codification, the ordinances were compiled, edited and indexed by the editorial staff of Book Publishing Company under the direction of Robert F.D. Adams, city manager, and Charles Williams, city attorney. The code is organized by subject matter under an expandable three-factor decimal numbering system which is designed to facilitate supplementation without disturbing the numbering of existing provisions. Each section number designates, in sequence, the numbers of the Title, chapter, and section. Thus, Section 2.12.040 is Section .040, located in Chapter 2.12 of Title 2. In most instances, sections are numbered by tens (.010, .020, .030, etc.), leaving nine vacant positions between original sections to accommodate future provisions. Similarly, chapters and titles are numbered to provide for internal expansion. In parentheses following each section is a legislative history identifying the specific sources for the provisions of that section. This legislative history is complemented by an ordinance disposition table, following the text of the code, listing by number all ordinances, their subjects, and where they appear in the codification; and beginning with Supplement No. 9, legislation can be tracked using the "Code Comparative Table and Disposition List." A subject-matter index, with complete cross-referencing, locates specific code provisions by individual
Lafayette, California, Code of Ordinances Page 1 of 4
section numbers. This supplement brings the Code up to date through Ordinance 599, adopted October 12, 2010. Municipal Code Corporation 1700 Capital Circle SW Tallahassee, FL 32310 800-262-2633 HOW TO USE YOUR CODE This code is organized to make the laws of the city as accessible as possible to city officials, city employees and private citizens. Please take a moment to familiarize yourself with some of the important elements of this code. Numbering System. The numbering system is the backbone of a Code of Ordinances; Municipal Code Corporation uses a unique and versatile numbering structure that allows for easy expansion and amendment of this Code. It is based on three tiers, beginning with title, then chapter, and ending with section. Each part is represented in the code section number. For example, Section 2.04.010 is Section .010, in Chapter 2.04 of Title 2. Title. A title is a broad category under which ordinances on a related subject are compiled. This code contains about 15 to 20 titles. For example, the first title is Title 1, General Provisions, which may contain ordinances about the general penalty, code adoption and definitions. The titles in this code are separated by tabbed divider pages for quick reference. Some titles are Reserved for later use. Chapter. Chapters deal with more specific subjects, and are often derived from one ordinance. All of the chapters on a related subject are grouped in one title. The chapters are numbered so that new chapters which should logically be placed near certain existing chapters can be added at a later time without renumbering existing material. For example, Chapter 2.06, City Manager, can be added between 2.04, City Council, and Chapter 2.08, City Attorney. Section. Each section of the code contains substantive ordinance material. The sections are numbered by "tens" to allow for expansion of the code without renumbering. Tables of Contents. There are many tables of contents in this code to assist in locating specific information. At the beginning of the code is the main table of contents listing each title. In addition, each title and chapter has its own table of contents listing the chapters and sections, respectively. Ordinance History Note.
At the end of each code section, you will find an "ordinance history note," which lists the underlying ordinances for that section. The ordinances are listed by number, section (if applicable) and year. (Example: (Ord. 272 1, 1992).) Beginning with Supplement No. 9, a secondary ordinance history note will be appended to affected sections. Ordinance history notes will be amended with the most recent ordinance added to the end. These history notes can be cross referenced to the code comparative table and disposition list appearing at the back of the volume preceding the index. Statutory References. The statutory references direct the code user to those portions of the state statutes that are applicable to the laws of the municipality. As the statutes are revised, these references will be updated. Cross-Reference Table. When a code is based on an earlier codification, the cross-reference table will help users find older or "prior" code references in the new code. The cross-reference table is located near the end of the code, under the tabbed divider "Tables." This table lists the prior code section in the column labeled "Prior Code Section" and the new code section in the column labeled "Herein." As of Supplement No. 9, this table will no longer be updated. Ordinance List and Disposition Table. To find a specific ordinance in the code, turn to the section called "Tables" for the Ordinance List and Disposition Table. This very useful table tells you the status of every ordinance reviewed for inclusion in the code. The table is organized by ordinance number and provides a brief description and the disposition of the ordinance. If the ordinance is codified, the chapter (or chapters) will be indicated. (Example: (2.04, 6.12, 9.04).) If the ordinance is of a temporary nature or deals with subjects not normally codified, such as budgets, taxes, annexations or rezones, the disposition will be "(Special)." If the ordinance is for some reason omitted from the code, usually at the direction of the municipality, the disposition will be "(Not codified)." Other dispositions sometimes used are "(Tabled)," "(Pending)," "(Number Not Used)" or "(Missing)." Beginning with Supplement No. 9, this table will be replaced with the "Code Comparative Table and Disposition List." Code Comparative Table and Disposition List. Beginning with Supplement No. 9, a Code Comparative Table and Disposition List has been added for use in tracking legislative history. Located in the back of this volume, this table is a chronological listing of each ordinance considered for codification. The Code Comparative Table and Disposition List specifies the ordinance number, adoption date, description of the ordinance and the disposition within the code of each ordinance. By use of the Code Comparative Table and Disposition List, the reader can locate any section of the code as supplemented, and any subsequent ordinance included herein. Index. If you are not certain where to look for a particular subject in this code, start with the index. This is an alphabetical multi-tier subject index which uses section numbers as the reference, and cross-references where necessary. Look for the main heading of the subject you need, then the
appropriate subheadings: BUSINESS LICENSE See also BUSINESS TAX Fee 5.04.030 Required when 5.04.010 The index will be updated as necessary when the code text is amended. Instruction Sheet. Each supplement to the new code will be accompanied by an Instruction Sheet. This guide will tell the code user the date of the most recent supplement and the last ordinance contained in that supplement. It will then list the pages that must be pulled from the code and the new pages that must be inserted. Following these instructions carefully will assure that the code is kept accurate and current. Removed pages should be kept for future reference. Page Numbers. When originally published, this code was numbered with consecutive page numbers. As it is amended, new material may require the insertion of new pages that are numbered with hyphens. (Example: 31, 32, 32-1.) Backs of pages that are blank (in codes that are printed double-sided) are left unnumbered but the number is "reserved" for later use. Electronic Submission. In the interests of accuracy and speed, we encourage you to submit your ordinances electronically if at all possible. We can accept most any file format, including Word, WordPerfect or text files. If you have a choice, we prefer Word, any version. You can send files to us as an e-mail attachment, by FTP, on a diskette or CD-ROM. Electronic files enable us not only to get you your code more quickly but also ensure that it is error-free. Our e-mail address is: ords@municode.com. For hard copy, send two copies of all ordinances passed to: Municipal Code Corporation P.O. Box 2235 Tallahassee, FL 32316 Customer Service. If you have any questions about this code or our services, please contact Municipal Code Corporation at 1-800-262-2633 or: Municipal Code Corporation 1700 Capital Circle SW Tallahassee, FL 32310
SUPPLEMENT HISTORY TABLE
SUPPLEMENT HISTORY TABLE

The table below allows users of this Code to quickly and accurately determine what ordinances have been considered for codification in each supplement. Ordinances that are of a general and permanent nature are codified in the Code Book and are considered "Includes." Ordinances that are not of a general and permanent nature are not codified in the Code Book and are considered "Omits." In addition, by adding to this table with each supplement, users of this Code of Ordinances will be able to gain a more complete picture of the code's historical evolution.
Ord. No. 595 597 598 599
Date Adopted 5-24-2010 6-28-2010 10-25-2010 10-12-2010
Include/ Omit Include Include Include Include
Supp. No. 11 11 11 11
Title 1 - GENERAL PROVISIONS* Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06
Title 1 - GENERAL PROVISIONS*

Chapters:
Chapter 1-1 - ADOPTION OF MUNICIPAL CODE Chapter 1-2 - RULES OF CONSTRUCTION Chapter 1-3 - PENALTY PROVISIONS Chapter 1-4 - POWER OF ARREST Chapter 1-5 - CONTRA COSTA COUNTY PROVISIONS ADOPTED Chapter 1-6 - FEES AND SERVICE CHARGES Chapter 1-7 - Repealed by Ordinance 560, effective 9/25/06 Chapter 1-8 - CLAIMS AGAINST THE CITY OF LAFAYETTE Chapter 1-9 - ADMINISTRATIVE CITATIONS Chapter 1-10 - Repealed by Ordinance 560, effective 9/25/06
Chapter 1-1 - ADOPTION OF MUNICIPAL CODE

Sections:
1-101 - Establishment of code. 1-102 - Contents of municipal code. 1-103 - Outline of municipal code. 1-104 - Maintenance of municipal code. 1-105 - Adoption of code. 1-106 - Effect of adoption. 1-107 - Continuation of existing law. 1-108 - Ordinances passed prior to adoption of municipal code. 1-109 - Repeal of existing ordinances. 1-110 - Exclusions from code.
1-101 - Establishment of code. There is established the municipal code of the city of Lafayette. (Ord. 25 3(1) (part), 1969; Ord. 2 2, 1968) 1-102 - Contents of municipal code. The municipal code of the city of Lafayette shall consist of all ordinances adopted by the city council which are of a general and permanent nature. An ordinance relating to the following subject matter is not considered an ordinance of general and permanent nature and need not be included within the municipal code:
(a) (b) (c) (d) (e) (f)
The naming of roads; Granting, altering or withdrawing franchises; Levying real property tax; Calling an election; Interim zoning measure; Zoning or rezoning a particular parcel of property;
(g) Such other ordinances of a special or particular subject matter which the city council considers are not appropriate to a general compilation of laws of a general and permanent nature. (Ord. 25 3(1) (part), 1969; Ord. 2 3, 1968) 1-103 - Outline of municipal code. (a) The ordinances of the city which are of a general and permanent nature shall be organized and grouped according to subject matter. (b) Ordinances which are adopted from time to time shall be classified to and organized under the following scheme of titles: (1) (2) (3) (4) (5) (6) (7) (8) (9) General Provisions; Administration; Building Regulations; Business Licenses and Regulations; Health and Sanitation; Planning and Land Use; Public Utilities and Franchises; Public Welfare, Morals and Safety; Revenue and Taxation;
(10) Purchases. (c) The outline of titles set forth in subsection (b) may be amended as the city council considers necessary to maintain the ordinances of a general and permanent nature in a logical scheme of classification. (Amended during 1989 codification; Ord. 25 3(1) (part), 1969; Ord. 2 4, 1968) 1-104 - Maintenance of municipal code. (a) Not less than one copy of the municipal code, certified by the city clerk, shall be kept on file in the
office of the clerk for examination and use by the public. Amendments to this code and a complete file of amendatory ordinances shall be maintained in the office of the clerk for use and examination by the public. (b) The city council shall direct the manner of distribution and sale of additional copies of the code.
(Ord. 381 8, 1990: Ord. 25 3(1) (part), 1969; Ord. 2 5, 1968) 1-105 - Adoption of code. The codification of certain ordinances of the city entitled "Lafayette Municipal Code" published by Book Publishing Company and covering ordinances through Ordinance 375 is adopted by reference under the provisions of Sections 50022.1 through 50022.10 of the Government Code of the state of California. Three copies of the Lafayette Municipal Code are on file in the office of the city clerk and are available for public inspection. (Ord. 381 1, 1990) 1-106 - Effect of adoption. The adoption of the Lafayette Municipal Code (municipal code) and the repeal of ordinances by the municipal code do not affect the following matters: (a) Actions and proceedings which began before the effective date of the ordinance codified in this section through Section 1-110 (b) Prosecution for ordinance violations committed before the effective date of the ordinance codified in this section through Section 1-110 (c) Licenses and penalties due and unpaid at the effective date of the ordinance codified in this section through Section 1-110 and the collection of these licenses and penalties; (d) Bonds and cash deposits required to be posted, filed or deposited pursuant to any ordinance;
(e) Matters of record which refer to or are connected with an ordinance the substance of which is included in the Lafayette Municipal Code. These references shall be construed to apply to the corresponding provisions of the municipal code. (Ord. 381 2, 1990) 1-107 - Continuation of existing law. Where each provision of the municipal code is substantially the same as existing law, the municipal code is a continuation of existing law and not a new enactment. (Ord. 381 3, 1990) 1-108 - Ordinances passed prior to adoption of municipal code. The last ordinance included in the municipal code was Ordinance 375, adopted 2/17/89. The following ordinances adopted after Ordinance 375 but before adoption of this code are adopted and made a part of this code: Ordinance 376, adopted 3/13/89, Ordinance 378, adopted 9/25/89 and Ordinance 380, adopted 4/9/90.
(Ord. 381 4, 1990) 1-109 - Repeal of existing ordinances. Except as to those ordinances listed in Section 1-110 which are not affected by this repeal, every ordinance which is not specifically continued in force by this code is repealed. This section does not revive an ordinance which was repealed before the adoption of the code. (Ord. 381 5, 1990) 1-110 - Exclusions from code. Every ordinance governing the following subject matter which is excluded from the municipal code is not affected by the repeal provisions of Section 1-105: (a) (b) (c) (d) (e) (f) Alteration of city boundaries; Elections; Fixing the rate and making a levy of taxes; Granting, altering or withdrawing a franchise; Land use classifications of specific property; Naming of roads and streets.
(Ord. 381 6, 1990)
Chapter 1-2 - RULES OF CONSTRUCTION

Sections:
1-201 - Citation of code. 1-202 - Definitions in the code. 1-203 - Tenses. 1-204 - Gender. 1-205 - Number. 1-206 - Shall and may. 1-207 - Provisions governing construction. 1-208 - Effect of headings. 1-209 - Area of application. 1-210 - Prohibited acts include causing, permitting or suffering. 1-211 - Acts of deputies. 1-212 - Notices. 1-213 - Severability of provisions. 1-214 - Appeal. 1-215 - No imposition of mandatory duty. 1-216 - Judicial review. 1-217 - Reference to officials in offices. Lafayette, California, Code of Ordinances Page 4 of 36
1-201 - Citation of code. This code may be cited as the Municipal Code of the City of Lafayette. It may be so cited in any prosecution for violation of this code. An ordinance amending this code may be designated as an amendment to the Municipal Code of the City of Lafayette. Every reference to this code or any portion of this code applies to this code as now or hereafter amended. (Ord. 25 3(2) (part), 1969; Ord. 2 11, 1968) 1-202 - Definitions in the code. As used in this code, unless the context clearly indicates otherwise: (a) (b) "City" means the city of Lafayette. "City council" means the city council of this city.
(c) "City manager" means the appointed official of the city who occupies the position as chief administrative officer of the city. (d) (e) "County" means the county of Contra Costa. "Oath" includes "affirmation."
(f) "Owner," as applied to a building or land, means and includes any part owner, joint owner, tenant, tenant in common, or joint tenant of the whole or a part. (g) "Person" means and includes an individual, firm, association, organization, partnership, business trust, company or corporation. (h) "State" means the state of California.
(i) "Street" means and includes a highway, avenue, lane, alley, court, place, square, curb or other public way in the city which is dedicated and open to public use. "Street" also includes such other public property designated as such by law. (j) "Tenant" or "occupant," applied to a building or land, means and includes a person who occupies the whole or part of the building or land, whether alone or with others. (Ord. 25 3(2) (part), 1969; Ord. 2 12, 1968) 1-203 - Tenses. The present tense includes the past and future tenses, and the future, the present. (Ord. 25 3(2) (part), 1969; Ord. 2 13, 1968) 1-204 - Gender. The masculine gender includes the feminine and neuter. (Ord. 25 3(2) (part), 1969; Ord. 2 14, 1968)
1-205 - Number. The singular number includes the plural, and the plural, the singular. (Ord. 25 3(2) (part), 1969; Ord. 2 15, 1968) 1-206 - Shall and may. "Shall" is mandatory and "may" is permissive. (Ord. 25 3(2) (part), 1969; Ord. 2 16, 1968) 1-207 - Provisions governing construction. The provisions of this code and all proceedings under it shall be construed with a view to effect its objects and to promote justice. (Ord. 25 3(2) (part), 1969; Ord. 2 17, 1968) 1-208 - Effect of headings. Title, chapter, article and section headings shall not govern, limit, modify or affect the scope, meaning or intent of this code. (Ord. 25 3(2) (part), 1969; Ord. 2 18, 1968) 1-209 - Area of application. This code refers only to the omission or commission of acts within the territorial limits of the city and to that territory outside of the city over which the city has jurisdiction or control by the Constitution, law or ownership or control of property. (Ord. 25 3(2) (part), 1969; Ord. 2 19, 1968) 1-210 - Prohibited acts include causing, permitting or suffering. Whenever in this code an act or omission is made unlawful, it includes causing, permitting, aiding, abetting, suffering or concealing the fact of the act or omission. (Ord. 25 3(2) (part), 1969; Ord. 2 20, 1968) 1-211 - Acts of deputies. Where this code grants a power to a public officer or employee or imposes a duty on him, the power may be exercised or the duty performed by his deputy or employee or by any person authorized by law or ordinance, unless the code specifically provides otherwise. (Ord. 25 3(2) (part), 1969; Ord. 2 21, 1968) 1-212 - Notices. Where the code requires that notice be given, unless the code specially provides otherwise, notice shall be given in writing and may be delivered either personally or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or
residence address appearing in the public records or in other records of the matter for which notice is given. Notice by mail is considered served at the time of deposit in the United States mail. (Ord. 25 3(2) (part), 1969; Ord. 2 22, 1968) 1-213 - Severability of provisions. If a title, division, chapter, section, subsection, paragraph, sentence, clause or phrase of this code is held invalid or unconstitutional for any reason, that holding does not affect the validity or constitutionality of the remainder of this code. The city council declares that it would have adopted each part of this code irrespective of the validity of any other part. (Ord. 25 3(2) (part), 1969; Ord. 2 23, 1968) 1-214 - Appeal. Unless otherwise specially provided, a person aggrieved by an administrative action taken by any officer of the city under the code may appeal from the action to the city council. A written notice of appeal, concisely stating the facts of the case and the grounds of appeal, shall be filed with the city manager within 30 days of the action appealed from. The city manager shall have the matter set for hearing at a regular meeting of the city council and shall give the appellant written notice of the time and place of hearing at least five days before the hearing. The decision of the city council taken after the appellant has had an opportunity to be heard is final. (Ord. 25 3(2) (part), 1969; Ord. 2 24, 1968) 1-215 - No imposition of mandatory duty. This code shall not be construed to impose on the city, its officers, employees or agents any greater liability than that required by law. The use of the word "shall," when used in this code in connection with the performance of a task or function, is not intended to impose upon the city, its officers, employees or agents a mandatory duty of care toward persons or property within the city which would provide a basis of civil liability for damages. This code specifically preserves all immunities provided under the law to a public entity, its officers, employees and agents. (Ord. 336 1, 1985) 1-216 - Judicial review. California Code of Civil Procedure Section 1094.6 is applicable to the city of Lafayette and provides that review of any decision of the city may be had under Code of Civil Procedure Section 1094.5 (review of administrative decisions) only if the petition for writ of mandate is filed within 90 days after the decision becomes final. (Ord. 348 1, 1986) 1-217 - Reference to officials in offices. In Ordinance No. 99-46 of Contra Costa County, a reference to "board of supervisors" means city council of the city of Lafayette, and a reference to an "office", "official title" or other designation means the office, title or designation in the governmental structure of the city, or if there is none, the official or title holder in the city who performs the function or duty referred to.
Chapter 1-3 - PENALTY PROVISIONS [1]

(1) Editor's note Ord. No. 589, 1, adopted Sept. 28, 2009, deleted the former Ch. 1-3, 1-3011-309, and enacted a new Ch. 1-3 as set out herein. The former Ch. 1-3 pertained to penalty provisions and derived from Ord. 2 3134, 1968; Ord. 8 1, 1968; Ord. 25 3(3) (part), (4), 1969; Ord. 36 1, 1970; Ord. 131 4 (part), (13) (part), 1975; Ord. 182 1 (part), 1977; Ord. 290 13, 1983; Ord. 371 1, 1988; Ord. 381 7(a)(f), 1990; Ord. 424 1, 2, 1993; Ord. 505 1, 1999.
Sections:
1-301 - Violations a misdemeanor, or infraction or subject to civil penalty. 1-302 - Penalties. 1-303 - Separate offenses. 1-304 - Nuisance.
1-301 - Violations a misdemeanor, or infraction or subject to civil penalty. (a) No person shall violate any provision or fail to comply with any requirement of this code. A person who violates a provision or fails to comply with a mandatory requirement of this code is guilty of a misdemeanor unless, in the city's discretion, the violation of a particular provision of this code is charged as an infraction or made subject to administrative penalties pursuant to chapter 1-9 of this code. (b) Except as otherwise provided, all provisions of this code relating to misdemeanors shall apply to infractions, including but not limited to authority of city officers and employees to make arrests and the procedure for making arrests. (Ord. No. 589, 1, 9-28-2009) 1-302 - Penalties. (a) Misdemeanor. Except as otherwise provided by statute or this code, a violation of this code charged as a misdemeanor, unless specific provision is otherwise made, shall be issued: (1) A fine not exceeding $250.00 for a first violation;
(2) A fine not exceeding $500.00 for a second violation of the same ordinance within one year, and/or (3) A fine not exceeding $1,000.00 for each additional violation of the same ordinance within one year from the date of the first violation, or by imprisonment in the county jail for a period of not more than six months, or both. Under Section 36903 of the Government Code, the county jail is prescribed as the place for imprisonment for such violation of this code and of any ordinance. (b) Infractions.
(1) Except as otherwise provided by statute or this code, a violation of this code charged as an infraction, unless specific provision is made otherwise, shall be issued: 1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation of the same ordinance within one year from the date of the first violation; and/or 3. A fine not exceeding $500.00 for each additional violation of the same ordinance within one year from the date of the first violation. (2) Except as otherwise provided by statute or this code, a violation of building and safety ordinances, including but not limited to, those in Title 3 charged as an infraction, unless specific provision is made otherwise, shall be issued: 1. A fine not exceeding $100.00 for a first violation;
2. $500.00 for a second violation of the same ordinance within one year from the date of the first violation; and 3. $1,000.00 for each additional violation of the same ordinance within one year from the date of the first violation. (c) Civil Penalty. Except as otherwise provided by statute or this code, a person who violates any section of this code, unless specific provision is otherwise made, may be issued an administrative citation and be liable for an administrative penalty pursuant to chapter 1-9 of this code. When specifically authorized by a provision of this code, the city council may set the penalty by resolution. (Ord. No. 589, 1, 9-28-2009) 1-303 - Separate offenses. Each person is guilty of a separate offense for each and every day during any portion of which a violation of this code is committed, continued or permitted to exist by that person. (Ord. No. 589, 1, 9-28-2009) 1-304 - Nuisance. In addition to the penalties provided, any condition caused or permitted to exist in violation of a provision of this code is a public nuisance and may be summarily abated as such. Each day that such condition exists is a new and separate offense. (Ord. No. 589, 1, 9-28-2009)
Chapter 1-4 - POWER OF ARREST

Sections:
1-401 - Authority for adoption. 1-402 - Authority of city officers and employees to make arrests. 1-403 - Procedure for making arrests.
1-401 - Authority for adoption. Sections 1-402 through 1-403 are adopted under the authority of Section 836.5 of the Penal Code of the State of California. (Ord. 44 1 (part), 1970) 1-402 - Authority of city officers and employees to make arrests. Each officer and employee of the city is authorized to arrest a person for the violation of an ordinance or a statute which it is his duty to enforce. (Ord. 44 1 (part), 1970) 1-403 - Procedure for making arrests. (a) The officer or employee authorized to make an arrest under Section 1-402 may arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of a statute or ordinance which the officer or employee has the duty to enforce. (b) If the person arrested does not demand to be taken before a magistrate, the officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear as prescribed by Chapter 5C of Title 3 (beginning with Section 853.6) of the Penal Code of the State of California. Thereafter the provisions of Chapter 5C apply with reference to the proceeding based upon the issuance of a written notice to appear. (c) If the person arrested refuses to sign the written promise to appear referred to in subsection (b) of this section and does not demand to be taken before a magistrate, the officer or employee making the arrest shall immediately release the person and thereafter shall cause a criminal complaint to be filed charging the violation of the misdemeanor for which the arrest was sought to be made. (Ord. 44 1 (part), 1970)
Chapter 1-5 - CONTRA COSTA COUNTY PROVISIONS ADOPTED

Sections:
1-501 - Contra Costa County provisions adopted.
1-501 - Contra Costa County provisions adopted. The following table lists Contra Costa County ordinances and code provisions adopted by the city of Lafayette, California. Provisions whose text is set forth in this code can be located by referring to the "Codified at" column of the table. County Code, Provision,
County Ord., 88-88, 89-79
City, Subject, Ord., 493 Nuisance abatement
Codified at
Art. 14-6.4, Art. 14-6.6 ( 14-6.402 14-6.604) 14.8.002, 14.8.004 Div. 16 ( 16-2.001 16-4.026) 48-6.022 Div. 48 ( 48-2.002 48-20.006) 413-3.1208 Div. 416 (Ch. Nos. 416-2 416-12) 416-4.604
76-51
131, 182 131
Penalties Construction of provisions
1-308
80-93
263 308
Ambulances Ambulance services
76-46 80-97, 83-10, 85-23, 87-74 80-97, 83-10, 85-23, 87-74 80-97, 83-10, 85-23, 87-74
179 365
Public health licenses Animal control code
Ch. 8-16
182 365 365 131
Penalties Animal control code penalties Animal control code violation Sewage
1-308 Ch. 8-16 Ch. 8-16
416-10.012 Div. 420 ( 420-2.002 420-6.028) 420-2.008 County Code, Provision, Ch. 420-6 420-6.002 420-6.022 Div. 430 ( 430-2.002 430-12.006) 51-4.404
74-67 County Ord., 81-30 74-67 78-43, 78-45 77-112, 84-64, 86-58, 88-88, 95-2 76-51
162 City, Ord., 263 162 228 200, 484 131, 182
Sewage official inspections Subject, Small water and sewage systems Sewage subdivisions and individual systems Sewage subdivisions and individual systems Abandoned vehicles Codified at
General welfare and business violations
1-308
Div. 52 ( 52-2.202 52-6.606) Arts. 52-2.2, 52-2.4 52-2.604, 52-2.618 Ch. 54-2 ( 54-2.002 54-2.012) 54-2.002, 54-2.003, 54-2.004, 54-2.006, 54-2.008, 54-2.010, 54-2.012 Ch. 54-4 ( 54-4.002 54-4.004) Ch. 54-6 ( 54-6.002) Ch. 54-8 ( 54-8.002 54-8.010) Ch. 54-10 ( 54-10.002) Ch. 54-12 Ch. 56-2 ( 56-2.002 56-2.010) Ch. 56-4 ( 56-4.202 56-4.1206) 56-4.804 Div. 58 ( 58-2.002 58-12.004) Ch. 510-2 ( 510-2.002 510-2.008) Ch. 518-2 ( 518-2.202 518-2.1004) 518-2.216 7-3.309 Ch. 72-2 ( 72-2.002
131
Amusements
202 76-67 200 131
Amusements Amusements Curfew
Repealed
75-44
179
Curfew
131
False reports
131 131
Intoxication Labor disputes
131 321 131
Vandalism of traffic signals Alarm systems Carnivals and fairs 8-910, 8-911
131
Solicitors and peddlers
Repealed
74-67
162 131
Solicitors and peddlers permit issuance CATV systems
Repealed
131
Taxicabs
131
74-67 88-90, 88-91
162 375 131
Massage services Amends UBC 304 Building inspection department
3-101
72-2.014) Ch. 72-2 ( 72-2.001 72-2.003) 72-4.002 72-4.008 Ch. 72-6 ( 72-6.002 72-6.026) Ch. 72-6 ( 72-6.002 72-6.026) amended 72-6.002 72-6.004 72-6.010 72-6.010 72-6.012 72-6.012 72-6.014 72-6.023 72-6.023 72-67.026 Div. 74 ( 74-1.002 74-6.008) Div. 74 ( 74-1.002 74-6.010) amended 74-1.002 74-1.002 74-1.002 74-3.101 74-3.101 74-3.101 74-3.103 Art. 74-3.3 74-3.304 74-3.305 74-3.305 74-3.309 74-3.309 74-3.311 Art. 74-3.5
77-63
200
Building inspection department
80-14
228 131 131
Building regulations application and scope Building regulations alterations Building construction generally
2002-31
537
Building construction generally
Ch. 3-3
80-14 87-55 80-14 87-55 76-15 80-14 99-17 77-63 99-17 99-17
228 363 228 363 162 228 509 200 509 509 131
Building regulations general provisions Uniform Building Code application fees Building regulations permit expiration Uniform Building Code expiration of permit Building regulations fee refunds Building regulations fee refunds Uniform Building Code stopwork orders Building regulations withholding permit Uniform Building Code withhold permit Uniform Building Code enforcement of state law Uniform Building Code
Repealed Repealed
2002-31
537
Uniform Building Code
Ch. 3-3
80-14 87-55 99-17 80-14 87-55 99-17 87-55 80-14 76-15 76-15 87-55 80-76 87-55 87-55 80-14
228 363 509 228 363 509 363 228 162 162 363 263 363 363 228
Uniform Building Code adoption Uniform Building Code adoption Uniform Building Code adoption UBC Chapter 5 amendments Uniform Building Code modifications general Uniform Building Code general Amends UBC 103, scope UBC Chapter 3 amendments UBC Chapter 3 amendments UBC Chapter 3 amendments Amends UBC 302(c) information Fees for construction permits Amends UBC 304 fees Amends UBC 305(a) inspections UBC Chapter 5 amendments
Repealed
Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed
Arts. 74-3.14 74-3.18 74-3.2501 Arts. 74-3.26, 74-3.29 74-3.2901 74-3.3201 74-3.3202 Art. 74-3.33 Art. 74-3.38 74-3.3801 Art. 74-3.47 Art. 74-3.904.2.1 Art. 74-3.1806.7.2 74-3.1900.4.4 Art. 74-3.2310.4 74-6.002 74-6.002 Div. 76 ( 76-2.202 76-12.406) Div. 76 ( 76-2.202 76-12.406) Div. 76 ( 76-2.202 76-14.202) Div. 76 ( 76-2.202 76-12.404) amended Div. 76 Ch. 76-10 76-10.002 76-10.004 76-10.006 76-10.402 76-10.404
80-14 87-55 84-14 87-55 87-55 87-55 80-14 80-14 87-55 80-14 99-17 99-17 99-17 99-17 80-14 87-55
228 363 228 363 363 363 228 228 363 228 509 509 509 509 228 363 131
Uniform Building Code amendments Amends UBC 2.516(g), exterior wall coverings UBC Chapter 5 amendments Amends UBC 2907(e), footings Amends UBC 3202(b), fire retardancy, when required Amends UBC 3203(d), reroofing Uniform Building Code amendments UBC Chapter 38 amendments Amends UBC 3802(d), automatic sprinkler systems UBC Chapter 47 amendments Uniform Building Code automatic fire extinguishing systems Uniform Building Code Chapter 38 slabs or ground with turned down footings Uniform Building Code minimum slab thickness Uniform Building Code shakes and shingles Uniform Building Code permits, drainage and streets Uniform Building Code permits, drainage and streets National Electrical Code
Repealed
Repealed Repealed Repealed Repealed Repealed Repealed
Repealed Repealed
76-24
179
Uniform Electrical Code
99-17
509
2002-31
537
Ch. 3-3
79-67 88-90, 88-91 88-90, 88-91 88-90, 88-91 88-90, 88-91 80-76 80-76
228 375 375 375 375 263 263
Uniform Electrical Code Uniform Electrical Code fees Uniform Electrical Code payment of fees Uniform Electrical Code permit fees Uniform Electrical Code uncompleted work Uniform Electrical Code construction permit fees Uniform Electrical Code construction permit fees
76-10.414 76-10.422 76-10.604 76-10.606 Div. 78 ( 78-1.101 78-3.317) Div. 78 ( 78-1.101 710-5.115) Div. 78 ( 78-1.101 78-5.1211.7.1) amended 78-1.509 78-1.701 78-1.703 78-1.705 78-1.708 78-1.708 78-1.708 78-1.709 78-1.709 78-1.711 78-1.711 78-1.711 78-1.713 Art. 78-3.1 78-3.303 78-3.310 Div. 710 ( 710-1.101 710-4.1103) Div. 710 ( 710-1.101 710-5.115) Div. 710 ( 710-1.101 710-5.115) amended
80-76 80-28 80-76 80-76
263 228 263 263 131
Uniform Electrical Code construction permit fees Uniform Electrical Code fees Uniform Electrical Code construction permit fees Uniform Electrical Code construction permit fees Uniform Plumbing Code
99-17
509
Uniform Plumbing Code
2002-31
537
Uniform Plumbing Code
Ch. 3-3
80-29 88-90 88-90 88-90 76-23 80-29 80-76 76-15 76-23 76-23 80-29 80-76 76-15 80-29 80-29 80-29
228
179 228 263 162 179 179 228 263 162 228 228 228 131
Uniform Plumbing Code permits Uniform Plumbing Code payment Uniform Plumbing Code double fees for delayed permit Uniform Plumbing Code permit fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code construction permit fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code fees Uniform Plumbing Code construction permit fees Uniform Plumbing Code fees Uniform Plumbing Code adopted amendments Uniform Plumbing Code amendments Uniform Plumbing Code amendments Uniform Mechanical Code
Repealed
Repealed Repealed Repealed
Repealed
Repealed
99-17
509
Uniform Mechanical Code
2002-31
537
Uniform Mechanical Code
Ch. 3-3
710-1.301, 710-1.303, 710-1.305 710-1.308 710-1.308 710-1.308 710-1.309 710-1.309 710-1.309 710-1.311 710-1.311 710-1.311 710-1.311 710-1.313 710-2.002 710-4.101 Art. 710-4.11 710-4.307 Div. 712 ( 712-2.002 712-4.008) Div. 712 ( 712-2.002 712-4.014) Div. 712 Div. 714 ( 714-2.002 714-6.602) 714-2.010 714-4.2 Div. 716 (716-2.002 716-8.1018 Div. 716 ( 716-2.408, 716-2.804, 716-2.1002, Arts. 716-4.2, 716-4.6, 716-4.8, 716-4.10, 716-4.12, 716-4.14, 716-6, 716-8.2, 716-8.4, 716-8.6,
Page 16 of 36
88-90, 90-91
375
Uniform Mechanical Code permit fees
76-23 80-28 80-76 76-15 76-23 80-28 76-15 76-23, 76-29 80-28 80-76 76-15 80-28 80-28 80-28 80-28
179 228 263 162 179 228 162 179 228 263 162 228 228 228 228 131
Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code construction permit fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code fees Uniform Mechanical Code construction permit fees Uniform Mechanical Code fees Uniform Mechanical Code adoption UMC Chapter 2 amendments UMC Chapter 2 amendments UMC Chapter 3 amendments Uniform Housing Code
Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed
Repealed
99-17
509
Uniform Housing Code
81-27
263 131
Uniform Housing Code House moving
79-7
228 131, 536 131
House moving Grading
Grading
Lafayette, California, Code of Ordinances
716-8.10) Div. 716 (716-4.202, 716-4.204, 716-4.402, 716-4.414, 716-4.1002, 716-4.1416) Div. 718 ( 718-2.002 718-4.016) Ch. 718-2 Ch. 718-4 Ch. 718-8 8125 Div. 92 ( 92-2.002 92-10.006) Div. 94 ( 94-2.202 94-4.812) 94-2.610 Title 9 94-2.604 94-2.606 94-2.610 94-2.1002 Div. 96 ( 96-2.202 96-14.004) 96-6.202 96-6.214 96-6.220 96-6.222 96-6.404 96-6.406 96-6.408 96-6.802 96-6.804 Div. 98 ( 98-2.002 98-10.006)
536
Grading
Ch. 3-3
131
Abandoned automobiles swimming pools
79-7 00-11
228 325 515 41 131
Wind energy conversion systems Swimming pool fencing Installation of excess flow gas shut-off devices activated by motion Parking of boats, trucks, etc. in residential districts Subdivisions generally
Repealed Ch. 8-15
6-2304
131
Subdivision maps
81-39 78-5
263 288 131 162 288 131 131
74-67
Expiration of approved tentative maps Subdivisions (whole title) Subdivisions tentative map filing requirements generally Tentative maps filing requirements generally Tentative map approval expiration or extension Subdivisions appeal procedure fee Subdivision improvement
6-3001
6-3003 6-3004
79-18 79-18 79-18 79-18 79-18 79-18 79-18 79-18 79-18
288 288 288 288 288 288 288 288 288 131
Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Subdivisions Streets in new subdivisions
Div. 912 ( 912-2.002 912-2.006) Div. 913 913-6.002 913-6.004 Div. 914 ( 914-2.002 914-12.402) Div. 916 ( 916-2.002 916-4.402) Div. 918 ( 918-2.002 918-2.006) Div. 919 ( 919-1.001 919-3.011) Div. 922 ( 922-2.202 922-4.1206) 922-2.206 Art. 922-4.14 ( 922-4.1402) Div. 924 ( 924-2.002 924-4.402) Div. 1002 ( 1002-2.002 1002-8.046) 1002-2.018 1002-6.012 1002-6.016 Div. 1006 ( 1006-2.202 1006-4.604) Div. 1010 ( 1010-2.002 1010-10.806) 1010-2.006 amended 1010-10.202 amended Ch. 1108-4 ( 1108-4.002 1108-4.014)
131
Survey monuments in new subdivisions
79-80 79-85 79-85
288 288 288 131
Bridge crossings Subdivisions Subdivisions Drainage in new subdivisions
131
Water and sewer service in new subdivisions
131
Fences in new subdivisions
175
Subdivisions hillside land
6-2009
131
Minor subdivisions
131 175 131
Subdivisions application fee Hillside land additional regulations and improvement standards Reversion to acreage
6-3002 6-2010
131
Encroachments
74-74 75-51 77-103
162 179 200 131
Public works and flood control encroachments Public works and flood control security Public works and flood control security Road dedications and setbacks
471
Drainage
131
Unclaimed property
Repealed
375
30% fee on total fee charged by county building inspection department
88-90 80-97 81-56 81-69 81-79 82-23 88-42
375 250 289 289 289 289 289
Building permit fee schedules Animal control Water supply systems Preferential parking privileges Amends Ord. 81-69 Adopts 1981 edition of National Electrical Code Private sewage systems
Repealed
(Ord. 537 15, 2003; Ord. 536 18, 2002; Ord. 520 13, 2001; Ord. 515 14, 2000; Ord. 509 13, 1999; Ord. 493 13, 1998; Ord. 484 1, 1998; Ord. 471 16, 1997; Ord. 397 1, 2, 1992; Ord. 375 1, 3 (part), 1989; Ord. 365 1 (part), 3 (part), 1988; Ord. 325 1 (part), 3 (part), 1984; Ord. 321 1 (part), 3 (part), 1984; Ord. 308 1, 1983; Ord. 306, 1983; Ord. 289 1, 1983; Ord. 288 1, 2 (part), 1983; Ord. 263 1, 1982; Ord. 250 1, 1981; Ord. 228 1(ad), (gk), 1980; Ord. 202 2, 1978; Ord. 200 1(a) (part), (cj), (k) (part), (l), 1978; Ord. 182 1 (part), 1977; Ord. 179 1, 1977; Ord. 175 2 (part), 3 (part), 4 (part), 1976; Ord. 162 1(a) (part), (bc), (e), 1976; Ord. 131 4 (part), (13) (part), 1975; Ord. 41 1 (part), 1970)
Chapter 1-6 - FEES AND SERVICE CHARGES

Sections:
Article 1. - General Provisions Article 2. - Approval and Review of Fees Article 3. - Transportation Development Fees
Article 1. - General Provisions

1-601 - Establishment of fees. 1-602 - Accrual of interest on fees.
1-601 - Establishment of fees. Where, by ordinance, rule or regulation, a fee is imposed for the doing of an act, the city council may fix the fee to be charged therefor by resolution. (Ord. 446 1 (part), 1995) 1-602 - Accrual of interest on fees. (a) Wherever by ordinance, rule or regulation, a fee is imposed for the doing of an act, the fee charged is a debt which the city may collect in the same manner as in the case of an obligation under
an express or implied contract. (b) The fee charged accrues interest from the due date stated on the billing at the rate of nine percent a year. (Ord. 446 1 (part), 1995)
Article 2. - Approval and Review of Fees

1-605 - Purpose. 1-606 - Definitions. 1-607 - Miscellaneous products and services for which a fee may be established. 1-608 - City manager to propose adjustment to all fees and charges. 1-609 - Review of all fees and charges every three years. 1-610 - Preparation of report. 1-611 - Approval of new, and adjustment of old, fees and charges. 1-612 - Notice of public hearing. 1-613 - Public availability of report.
1-605 - Purpose. The purpose of this article is: (a) To enable the city, consistent with Article XIIIB of the California Constitution, to recover the city's cost in providing products and services not specifically authorized by any other provision in this code; and (b) To establish a system for regular review of city fees and charges.
(Ord. 446 2 (part), 1995) 1-606 - Definitions. In this article unless the context otherwise requires: "Total cost" means the total reasonable estimated cost of providing a product or service. The total cost is the sum of the following elements: (a) Every direct cost including salaries, wages, overtime, employee fringe benefits, services and supplies, maintenance and operation expenses, contracted services, special supplies, and any other direct expense incurred; (b) Every indirect cost including building maintenance and operations, equipment maintenance and operations, communications expenses, computer costs, printing and reproduction, and similar expenses; (c) Fixed asset recovery expense, consisting of depreciation of fixed assets, and additional fixed asset expense recovery charge calculated on the current estimated cost of replacement, divided
by the approximate life expectancy of the fixed asset. A further additional charge to make up the difference between book value depreciation not previously recovered and reserved in cash and the full cost of replacement, which also shall be calculated and considered a cost so as to recover such unrecovered costs between book value and cost of replacement over the remaining life of the asset; (d) General overhead, expressed as a percentage, which distributes and charges the expense of the city council and city commissions, city manager, city clerk, elections, finance department, city attorney, unallocated nondepartmental expenses such as rent, and all other staff and support service provided to the entire city organization; (e) Departmental overhead, expressed as a percentage, which distributes and charges the cost of each department and its supporting expenses; (f) Debt service costs, consisting of repayment of principal, payment of interest and trustee fees and administrative expenses for all applicable bond, certificate or securities issues, or loans. (Ord. 446 2 (part), 1995) 1-607 - Miscellaneous products and services for which a fee may be established. In addition to those fees authorized by another provision of this code the city council may set a fee for the following products and services by resolution: Administrative Services Agenda serviceOne year Copy of printed materials Dishonored/returned check fee Lafayette Municipal Budget (copy) Lafayette Municipal Code (copy) Processing fee for late payment on city invoices (after 30 days) Police Services Copy of other printed materials Copy of speed survey for city street Copy of traffic collision report Crime report Driving-under-influence charges Fingerprinting Parking permitsCity lots
Police authorization letters (e.g., VISA letters) Public Works Services Damage to city property Engineering Services Certificate of compliance Creek setback conformance review Creek setback variance request Encroachment permitInspection Encroachment permitProcessing Engineering review on referral from planning Equipment storage in right-of-way Failure to meet repaving deadline Final or parcel map filing House moving Improvement inspectionLess than $100K Improvement inspectionMore than $100K Oversize/overweight loads Pavement trenching< 2 yr. old overlay Pavement trenching> 2 yr. old overlay Plan check feeLess than $5K project cost Plan check fee$5K to $25K project cost Plan check fee$25 to $50K project cost Plan check feeOver $50K project cost Reinspection due to delay Review by outside consultant Review of utility operations Signs in right-of-way Work without permit
Planning Services Agenda service Annexation Certificate of compliance Change of address request Change of conditions Copy of general plan map and text Copy of zoning map Copy of the zoning ordinance Design review by design review committee Design review study session Design review per 2nd floor ord. by design review comm. Design review per 2nd floor ord. by zoning administrator General plan amendment Land use permitExisting building Land use permitNew building Lot line revision Major subdivision (5 or more lots) Minor design review by planning director Minor subdivision Parking compliance review by parking commission Planning commission design reviewNew building Planning commission design reviewExisting building Right-of-way vacation Temporary land use permit Variance by planning commission Variance by zoning administrator Waiver for underground utility requirement
Zoning text change/rezoning (Ord. 446 2 (part), 1995) 1-608 - City manager to propose adjustment to all fees and charges. (a) The city manager is delegated the authority and is directed to propose the fee and service charges with respect to each of the products and services listed in Section 1-607 and those fees and charges authorized in other sections of this code and to regularly propose adjustment to them in order to recover the costs allowed by law. (b) The city's fee or charge for providing a particular product or service may not exceed one hundred percent of the total cost for providing the product or service, unless (1) the issue of charging in excess of the total cost is submitted to the voters and (2) two-thirds of those electors voting on the issue approve (California Constitution Article XIIIB). In every other case, revenue from a fee or charge that exceeds the actual total cost shall not go to the general fund but shall be used to reduce the fee or charge that resulted in excess revenue. (c) The city's fee or charge for a particular product or service may not exceed the limit for that product or service otherwise established by state law or other provision of this code. (Ord. 446 2 (part), 1995) 1-609 - Review of all fees and charges every three years. (a) The city manager shall review the city's total costs for providing products and services every three years. The fees and charges scheduled for review shall be reviewed as part of the city's annual budget process for that year to determine whether and by how much the city's fees and charges must be adjusted to obtain maximum recovery. Review of the city fees and charges shall begin in connection with the 1998 budget process. (b) The city manager may review and propose a change to the city's fees and charges more frequently than every third year if: (1) A gross inequity would be perpetrated by the existing schedule of fees and charges on a new event; or (2) (3) A new city product or service not listed in Section 1-607 is proposed; or The cost of a city product or service charges.
(Ord. 446 2 (part), 1995) 1-610 - Preparation of report. (a) Upon completion of the review of fees and charges, the city manager shall prepare a report for the public hearing provided for in Section 1-611. The city manager shall prepare the report proposed in conjunction with the city's annual budget process as a companion document to the city's proposed budget for that year. (b) The report shall document the city's total costs for providing the products and services listed in Section 1-607; the revenue sources, including general fund revenues, to provide the products and
services; and any change since the fees and charges were previously set or adjusted. The report shall provide a summary of both the present and the proposed city schedule of fees and charges. The report shall explain each proposed change to the schedule of fees and charges. (Ord. 446 2 (part), 1995) 1-611 - Approval of new, and adjustment of old, fees and charges. The city council shall approve by resolution each new fee or charge or increase to an existing fee or charge. Before adopting the resolution, the city council shall hold a public hearing as part of a regularly scheduled meeting at which oral and written presentations can be made on the report and on any proposed change to the schedule of fees and charges. (Ord. 446 2 (part), 1995) 1-612 - Notice of public hearing. (a) The city clerk shall provide notice of the time and place of the city council's public hearing in accordance with the requirements of Government Code Sections 6601666018, depending on which fees or charges the city manager's report proposes for addition or increase. The notice shall include a general explanation of the matter to be considered and a statement of the availability of the city manager's report. (b) In accordance with Government Code Sections 66016 and 66017 the city clerk shall, for each of the following fees and charges, provide notice by mail at least 14 days before the public hearing to each interested party who has filed a written request to have such notice: (1) (2) Planning service fees under Government Code Section 65104; Specific plan fees under Government Code Section 65456;
(3) Use permit, variance, zone change, building inspection, building permit, subdivision map and planning service fees under Government Code Sections 65909.5 and 66014; (4) Subdivision map processing fees under Government Code Section 66451.2;
(5) Building permit and building record fees under Health and Safety Code Sections 17951, 19132.3 and 19852; and (6) Development project fees under Government Code Section 66000.
(c) For all other fees or charges (unless a specific statutory notice requirement applies), the city clerk shall in accordance with Government Code Section 66018, provide notice by publication for ten days under Section 6062a of the Government Code. (d) If the city manager's report adds to or increases two or more fees or charges with one or more being governed by subsection (b) and one or more being governed by subsection (c), then the city clerk shall follow the notice procedure set forth in both subsection (b) and subsection (c). (Ord. 446 2 (part), 1995)
1-613 - Public availability of report. The city manager's report shall be made available to the public at least ten days before the public hearing for consideration of a proposed adjustment to the city's fees and charges. (Ord. 446 2 (part), 1995)
Article 3. - Transportation Development Fees

1-621 - Purpose of article. 1-622 - Purpose of fees. 1-623 - Findings. 1-624 - Fee adoption. 1-625 - Fee exemptions, reductions and credits. 1-626 - Disposition of fees. 1-627 - Annual fee adjustment.
1-621 - Purpose of article. The purpose of this article is to adopt the Lamorinda transportation development few program, identifying fees to be charged for highway, arterial and transit projects for the Lamorinda area. This article is enacted as part of the Subregional Transportation Mitigation Program (STMP) approved by the Southwest Area Transportation Committee (SWAT) and its member agencies (the cities of Lafayette, Orinda, Moraga, Danville, San Ramon and the county of Contra Costa) under the authority of Measure C, the Contract Costa County half-cent sales tax measure adopted in 1988. It implements the fee program, which is established by the Lamorinda Fee and Financing Authority, a joint exercise of powers authority organized by the cities of Lafayette and Orinda and the town of Moraga, dated April 22, 1998, a copy of which is on file with the Lafayette city clerk. (Ord. 488 1 (part), 1998) 1-622 - Purpose of fees. The fees imposed by Section 1-624 are to fund the highway, arterial and transit projects set forth in the Development Program Report, which is Attachment 2 to the Joint Exercise of Powers Agreement entered into by the Cities of Lafayette, Orinda and the town of Moraga. (Ord. 488 1 (part), 1998) 1-623 - Findings. The city council finds that: (a) There is a reasonable relationship between proposed uses for the fees imposed by this Article 3 and the types of development upon which the fees are imposed in that the developments will generate additional traffic on thoroughfares in the Lamorinda area, thus creating a need to expand, extend or improve existing thoroughfares and other transportation facilities or construct new ones to mitigate adverse traffic and infrastructure impacts otherwise resulting from those
developments. (b) The fees will be used to pay for the administration, planning, environmental documentation, design, right-of-way acquisition and construction of the improvements described in the Development Program Report referred to in section 1-622. The fees will be used solely for eligible improvements approved by the parties to the Joint Exercise of Power Agreement. (c) The nexus findings, in conformity with Government Code section 66000, et seq.) contained in the "Nexus Analysis Report" prepared for SWAT by Cambridge Systematics, Inc., which is on file with the city clerk, are incorporated in this Article 3 by reference. (Ord. 488 1 (part), 1998) 1-624 - Fee adoption. (a) A fee is imposed on each land use type as follows: Fee Schedule $3,795 per dwelling unit
Land Use Category Single family residential use Individual unit, duet home with one shared wall, and residential condominium Multiple family residential College/university Commercial, office, retail or industrial use Other nonresidential uses not
$2,367 per dwelling unit $902 per student $1.60 per square foot of gross floor area $3,757 per trip generated as calculated by a traffic study approved by City with methodology approved by SWAT
(b) The fee is imposed as a condition to and shall be collected before the issuance of a building permit. (Ord. 488 1 (part), 1998) 1-625 - Fee exemptions, reductions and credits. (a) Exemptions. The following exemptions apply to the fees imposed by Section 1-624 (1) A project that replaces an existing structure or development to the extent that it does not generate more peak hour vehicle trips than the existing structure or development; (2) A development agreement that is approved by an ordinance that is adopted before July 1, 1998; and (3) A subdivision map for which the final map was approved on or before June 30, 1998, if the fee for the applicable land use category set forth in Section 1-624 was paid, the city shall provide a credit as follows: (i) If at the time the subdivision map was approved a fee was imposed in an amount less than that provided in Section 1-624, the city shall provide a credit for the amount paid, and the balance measured by the difference between the amount set forth in Section 1-624 and
the amount paid shall be imposed; (ii) If at the time the subdivision was approved, the city required the developer to install improvements that were intended to improve or increase vehicular traffic capacity outside the boundaries of the subdivision, the city shall provide a credit against the amount of the fee imposed under Section 1-624 for each lot, based on the actual cost of such construction, divided by the number of lots in the subdivision. (b) Reductions. In addition to the exemptions in subsection (a) above, city may grant an exemption in the form of a full or partial reduction of fees as provided by rule or regulation adopted by the Lamorinda Fee and Financing Authority. The basis for a reduction must be based upon: (1) a finding that a development will generate a lower number of trips than data provided by the Institute for Transportation Engineers (ITE) that was used as the basis for the Nexus Analysis Report and (2) a traffic study that determines that the traffic impacts of the proposed development would generate fees that are less than those set forth in Section 1-624. The traffic study shall be conducted in accordance with CCTA "Technical Procedures" and shall be reviewed by the Technical Advisory Committee for the Lamorinda Fee and Financing Authority. City shall determine the appropriate fee reduction based upon the proportionate reduction in trips demonstrated by the traffic study. (c) Credits. (1) The city may grant a credit against fees for the dedication of land for right-of-way or construction of improvements or traffic mitigation programs for specific major thoroughfare improvements listed in the Development Program Report referred to in Section 1-622; if the dedication of right-of-way or construction or traffic mitigation programs exceeds that which would otherwise be required for approval of the proposed development. (2) The city may grant a credit only upon its determination that the credit is exclusive of the dedication, setback, improvement or traffic mitigation measures, which is otherwise required by a provision of this municipal code, ordinance, standard or other City requirement. (3) The city shall calculate the credit upon the actual cost of construction or, in the case of dedication of land, an approved independent appraisal. (Ord. 517 2, 2000; Ord. 497 1, 1999; Ord. 488 1 (part), 1998) 1-626 - Disposition of fees. The city shall collect each fee imposed and remit the non-set-aside portion of the fees to the designated Treasurer in accordance with the Joint Exercise of Powers Agreement and the bylaws adopted by the Lamorinda Fee and Financing Authority, The set-aside portion of the fee proceeds shall be retained by the city in a separate account to be used for the purpose described in Sections 1-622 and 1-623. Interest accumulated on the fees collected may be used only for the same purposes. (Ord. 488 1 (part), 1998) 1-627 - Annual fee adjustment. Effective January 1, 1999 and January 1st of each subsequent year, the amount of the fees set forth in Section 1-624 shall be adjusted by the amount of increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the preceding period ending September 30th. The adjustment shall be automatic and does not require further notice or public hearing.
(Ord. 488 1 (part), 1998)
Chapter 1-7 - Repealed by Ordinance 560, effective 9/25/06
Chapter 1-8 - CLAIMS AGAINST THE CITY OF LAFAYETTE

Sections:
1-801 - Claims presentation procedures. 1-802 - Further claims presentation procedures.
1-801 - Claims presentation procedures. Every claim for money or damages against the city must be presented to the city clerk or the city clerk's designee. (Ord. 420 1, 1993) 1-802 - Further claims presentation procedures. The following claims procedures are established under Government Code Section 935: (a) Every claim against the city for damages or money, when a procedure for processing such claims is not otherwise provided by State law, shall be presented within the time limitations and in the manner prescribed by Government Code Sections 910 through 915.2 notwithstanding the exceptions set forth in Section 905 of the Government Code. (b) Each such claim is subject to Government Code Section 945.4 relating to the prohibition of suits in the absence of the presentation of claims and action thereon by the council. (Ord. 420 1, 1993)
Chapter 1-9 - ADMINISTRATIVE CITATIONS [2]

(2) Editor's note Ord. No. 590, 1, adopted Sept. 28, 2009, deleted the former Ch. 1-9, 1-9011-911, and enacted a new Ch. 1-9 as set out herein. The former Ch. 1-9 pertained to administrative citations and derived
from Ord. 560 3 (part), 2006.
Sections:
1-901 - Findings and determination. 1-902 - Definitions. 1-903 - Warning notice, notice of violation and time to correct. 1-904 - Administrative citation. 1-905 - Service of warning notice, notice of violation and administrative citation. 1-906 - Administrative penalties. 1-907 - Appeals. 1-908 - Appeal hearing procedure. 1-909 - Decision of the code enforcement appeals board. 1-910 - Right to judicial review.
1-901 - Findings and determination. The city council finds and determines as follows: (a) Sections 1-901 through Section 1-910, inclusive, shall be known as the administrative citation ordinance. (b) This chapter is enacted under the authority of California Government Code 36901 and 53069.4. (c) The administrative citation process in this chapter is in addition to all other legal remedies, criminal or civil, available to the city to address a violation of this municipal code. (d) This chapter may be used to enforce any violations of this municipal code, including Chapter 8-21 (e) The use of this chapter is at the sole discretion of the city.
(Ord. No. 590, 1, 9-28-2009) 1-902 - Definitions. (a) "Code enforcement appeals board" or "board" means the code enforcement appeals board as described in Chapter 2-10 (b) "Code enforcement officer" or "officer" means the city employee or agent of the city designated by the city manager to administer this chapter. The code enforcement officer may be the same official as described in subsection 8-2102(c) or any other employee or agent designated by the city manager to serve in this capacity. (c) "Days" means calendar days. In the event the last day of the specified time period falls on a Saturday, Sunday or federal holiday observed by the city, then the last day of the specified time period shall be the next business day. (d) "Owner" means the owner or owners of record of real property as shown on the latest county equalized assessment roll; the lessee, tenant or other person having control or possession of the property where the violation occurred; the mortgagee under a recorded deed of trust; and any
other person having a recorded beneficial or legal interest. (Ord. No. 590, 1, 9-28-2009) 1-903 - Warning notice, notice of violation and time to correct. (a) Warning Notice. Whenever the code enforcement officer determines that a violation of this municipal code has occurred and that the violation does not pose an immediate hazard to the general welfare, health and safety, the officer may issue a warning notice to the owner. A warning notice shall be served in accordance with section 1-905 and shall include the following information: (1) Address or definite description of the location where the violation occurred;
(2) Description of the violation and applicable section or sections of this municipal code violated; (3) Requirements for abating the violation, and the dated by which the correction must be completed not to exceed 20 days based on the type, severity and number of previous violations on the same property, unless the officer determines there are circumstances that warrant additional time for abatement; and (4) Consequences for not abating the violation within the time specified in the warning, including but not limited to the imposition of administrative penalties, administrative charges, incurring of abatement costs, issuance of administrative citations and/or other legal remedies available to the city. (b) Notice of Violation. If the violation is not abated within the time limit specified in the warning notice, the officer may issue a written notice of violation to the owner. Notice shall be served in accordance with section 1-905 and shall include the following information: (1) (2) Date the violation was observed by the code enforcement officer; Address or a definite description of the location where the violation occurred;
(3) Description of the violation and applicable section or sections of this municipal code violated; (4) Requirements for abating the violation, and the date by which the correction must be completed not to exceed 30 days based on the type, severity and number of previous violations on the same property, unless the officer determines there are circumstances that warrant additional time for abatement; (5) An explanation that if the violation is not corrected by the correction date set forth in the notice of violation, an administrative citation, carrying administrative penalties in the amounts set forth in this chapter, which will begin to accrue immediately on the date the administrative citation is issued, and continue to accrue on a daily basis thereafter until the violation is corrected, may be issued; and (6) The name and signature of the code enforcement officer, and the date of issuance.
(Ord. No. 590, 1, 9-28-2009)

1-904 - Administrative citation. (a) When the code enforcement officer determines that a violation of this municipal code for which a notice of violation was issued was not corrected by the correction date set forth in the notice of violation, the officer may issue an administrative citation to the person responsible for the violation. (b) The administrative citation shall include the following information: (1) (2) Date the violation was observed by the code enforcement officer; Address or a definite description of the location where the violation occurred;
(3) Description of violation and applicable section or sections of this municipal code violated; (4) (5) (6) (7) Amount of the fine for the code violation; Date by which the fine is due and payable to the city; Consequences of not paying the fine by the due date; and Process for appealing the issuance of the administrative citation.
(c) The administrative citation may also include administrative costs pursuant to subsection 8-2111(b)(1) of this code. (Ord. No. 590, 1, 9-28-2009) 1-905 - Service of warning notice, notice of violation and administrative citation. A warning notice, notice of violation and administrative citation shall be served in one of the following methods: (a) The code enforcement officer may personally serve the warning notice, notice of violation or citation on the person responsible for the violation. The warning notice, notice of violation or citation shall become effective on the date of personal service. (b) The code enforcement officer may mail the warning notice, notice of violation or citation by certified mail, return receipt requested, to the owner of the property where the violation occurred at the address shown on the county's last property tax assessment rolls or to any other address known for the owner. The warning notice, notice of violation or citation shall become effective on the date of the certified mailing. (c) The code enforcement officer may post the property where the violation occurred with the warning notice, notice of violation or citation in a conspicuous place when the owner or person responsible for the violation resides at an unknown address. A copy of the warning notice, notice of violation or citation also shall be sent certified mail, return receipt requested, to the subject property where the violation occurred to the owner's attention. The warning notice, notice of violation or citation shall become effective on the date of the posting of the property. (d) The failure of an owner or other person responsible for the violation to receive a notice or citation shall not affect the validity of any proceedings taken under this chapter.
(Ord. No. 590, 1, 9-28-2009) 1-906 - Administrative penalties. (a) Unless the code enforcement officer has received a notice of appeal to indicate that the administrative citation is being contested pursuant to the procedure and within the time period provided in this chapter, administrative penalties shall accrue on the date of the administrative citation and continue to accrue on a daily basis until the violation(s) is corrected as set forth in the administrative citation to the satisfaction of the code enforcement officer. Administrative penalties shall become due and payable within 30 days of the effective date of the administrative citation and shall be payable directly to the City of Lafayette, Citations c/o Finance Department, 3675 Mt. Diablo Blvd #210, Lafayette, CA 94549. (b) Except where otherwise provided in the code, or where otherwise determined by the code enforcement officer pursuant to subsection (c) below, the amount of the administrative penalty imposed by an administrative citation shall be as follows: (1) One hundred dollars for a first violation of any provision of this code determined to be an infraction including a violation of building or safety code provision; (2) Two hundred dollars for a second violation of the same provision (other than a building or safety code provision) within one year from the date of issuance of the administrative citation, and $500.00 for a second violation of a building or safety code provision within one year from the date of issuance of the administrative citation; (3) Five hundred dollars for each additional violation of the same provision (other than a building or safety code provision) within one year from the date of issuance of the administrative citation, and 1,000.00 for each additional violation of a building or safety code provision within one year from the date of issuance of the administrative citation; (c) The code enforcement officer, in his/her discretion, may impose an administrative penalty in some lesser amount than those set forth in subsection (b) above, taking some or all of the following factors into consideration, in determining the amount of the penalty: (1) The duration of the violation;
(2) The frequency, recurrence and number of violations, related or unrelated, by the same violator; (3) (4) (5) (6) (7) The seriousness of the violation; The good faith efforts of the violator to come into compliance; The economic impact of the penalty on the violator; The impact of the violation on the community; or Such other factors as justice may require.
(d) The code enforcement officer, in its discretion, may suspend the imposition of administrative penalties for any period of time during which:
(1) (2)
The violator has filed for necessary permits; Such permits are required to achieve compliance; and
(3) Such permit applications are actively pending before the city, state or other appropriate governmental agency. (Ord. No. 590, 1, 9-28-2009) 1-907 - Appeals. A recipient of an administrative citation may appeal the citation and may request a hearing before the code enforcement appeals board as follows: (a) An appeal form shall be obtained from the code enforcement officer. The completed appeal form shall be filed with the officer within 14 days of the effective date of the administrative citation together with an appeal fee established by resolution by the city council. (b) Only after the completed appeal form has been filed together with the appeal fee shall the code enforcement officer set the date for a hearing. The hearing shall be set for a date not less than 14 days or more than 60 days after the officer received the request. (c) The appellant may request one continuance, but in no event shall the hearing be continued more than 30 days after the date of the originally scheduled hearing unless the code enforcement officer finds circumstances of hardship warrant a longer continuance not to exceed 90 days after the date of the originally scheduled hearing. (d) The appellant shall be notified by certified mail, return receipt requested, of the date, time and place set for the hearing. Notice shall be sent at least ten days prior to the date of the hearing. The notice shall include a statement that the city may pursue any and all legal and equitable remedies for the recovery of unpaid fines and administrative charges. The notice shall be mailed to the appellant at the address provided on the completed appeal form. Failure of the appellant to receive notice shall not affect the validity of any proceedings taken under this chapter. (e) Any documentation, other than the administrative citation, which the code enforcement officer has submitted or will submit to the code enforcement appeals board shall be served on the appellant at least three days before the hearing. (f) Failure of a recipient of an administrative citation to file an appeal in accordance with the provisions of this section shall be deemed to waive his or her right to an appeal hearing. (Ord. No. 590, 1, 9-28-2009) 1-908 - Appeal hearing procedure. (a) No appeal hearing shall be held unless the appeal fee has been paid in accordance with Section 1-907 (b) Hearings by the code enforcement appeals board are informal and formal rules of evidence and discovery shall not apply. (c) The code enforcement officer and appellant shall be given the opportunity to testify and
present evidence concerning the alleged violation. (d) The administrative citation and any additional report submitted by the code enforcement officer shall constitute prima facie evidence of the respective facts contained in those documents. (e) The code enforcement appeals board may continue a hearing to request additional information from the code enforcement officer and/or appellant and/or to conduct an inspection of the location of the violation prior to concluding the hearing. (f) If the violation is non-conformance with a permit issued under Title 6, the code enforcement appeals board may continue the hearing and refer the violation to the body that issued the permit for additional information and/or recommendation, including the zoning administrator, design review commission, planning commission, or city council. (g) If the location of the violation is on property owned by the appellant, the code enforcement appeals board may inspect the property prior to the conclusion of the hearing provided that the appellant consents to the inspection, is given the notice of the date and time of the inspection, and is permitted to be present during the inspection. The board shall state for the record during the hearing the material facts observed and conclusions drawn from the inspection. The appellant shall be afforded an opportunity to rebut or explain the matters so stated by the board. If the location of the violation can be inspected from areas accessible to the general public or with the permission of other persons authorized to provide access to the location, then notice to and consent of the appellant is not required. (h) Failure of the appellant to appear at the hearing shall constitute a waiver of his or her right to an administrative hearing. (Ord. No. 590, 1, 9-28-2009) 1-909 - Decision of the code enforcement appeals board. (a) After considering all of the testimony and evidence submitted during the hearing, the code enforcement appeals board shall adopt a resolution to uphold, modify or cancel the administrative citation. The decision of the board is final. The resolution shall include the reasons for that decision which may be based on any or all of the following factors: (1) (2) (3) (4) (5) Duration of the violation; Frequency, recurrence and/or number of related violations by the appellant; Seriousness of the violation; Good faith efforts of the appellant to correct the violation; and/or Other factors as justice may require.
(b) If the code enforcement appeals board determines the administrative citation should be upheld, then the resolution shall include the action required to correct the violation and the date by which such action must be completed. The date of compliance shall be no more than 60 days from the date of the board's decision. The resolution shall include a payment schedule for any unpaid fines and/or administrative charges. The resolution shall also include the consequences of failing to correct the violation, including the placement of liens and/or special assessments, and the right
to judicial review pursuant to Section 1-910 (c) If the code enforcement appeals board determines the administrative citation should be modified in terms of methods of correcting the violation and/or time limit for compliance, then the resolution shall include the modified action to correct the violation and/or the date by which correction must be completed. The resolution shall include a payment schedule for any unpaid fines and administrative charges. The resolution shall also include the consequences of failing to correct the violation, and the right to judicial review pursuant to Section 1-910 (d) The code enforcement appeals board may determine that the administrative citation should be canceled; in this case, all further actions related to this administrative citation shall be terminated. (Ord. No. 590, 1, 9-28-2009) 1-910 - Right to judicial review. The appellant may seek judicial review of the board's decision by filing a petition with a court of competent jurisdiction pursuant to California Code of Civil Procedure 1094.5 and 1094.6. The board's resolution shall contain a statement so advising the appellant of the time limit on seeking court review. (Ord. No. 590, 1, 9-28-2009)
Title 2 - ADMINISTRATION* Chapter 2-17 - VACANCIES ON CITY COUNCIL
Title 2 - ADMINISTRATION*
Chapters:
Chapter 2-1 - CITY COUNCIL MEETINGS Chapter 2-2 - CITY MANAGER Chapter 2-3 - PLANNING COMMISSION Chapter 2-4 - CIRCULATION COMMISSION Chapter 2-5 - DESIGN REVIEW COMMISSION Chapter 2-6 - Repealed by Ordinance 524, effective 2/27/01 Chapter 2-7 - YOUTH COMMISSION* Chapter 2-8 - PARKS, TRAILS AND RECREATION COMMISSION Chapter 2-9 - REDEVELOPMENT AGENCY Chapter 2-10 - CODE ENFORCEMENT APPEALS BOARD* Chapter 2-11 - SENIOR SERVICES COMMISSION Chapter 2-12 - Repealed by Ordinance 523, effective 8/8/01 Chapter 2-13 - Repealed by Ordinance 346, effective 6/9/86 Chapter 2-14 - Repealed by Ordinance 451, effective 3/1/96 Chapter 2-15 - CRIME PREVENTION COMMISSION Chapter 2-16 - GENERAL MUNICIPAL ELECTION Chapter 2-17 - VACANCIES ON CITY COUNCIL
Chapter 2-1 - CITY COUNCIL MEETINGS

Sections:
2-101 - Time of regular meetings. 2-102 - Place of regular meetings.
2-101 - Time of regular meetings. The regular meetings of the city council of the City of Lafayette shall be held on the second and fourth Monday of each month at seven p.m. If the meeting date falls on a holiday, the meeting will be held on the following day. (Ord. 435 1, 1994: Ord. 339 1, 1985: Ord. 150 1, 1975: Ord. 133 1 (part), 1975: Ord. 3 1, 1968) (Ord. No. 585, 1, 10-26-2009)
2-102 - Place of regular meetings. The regular meetings of the city council shall be held at the Lafayette Library and Learning Center, 3491 Mount Diablo Boulevard, Lafayette, California. (Ord. 339 2, 1985: Ord. 133 1 (part), 1975: Ord. 11 1, 1968: Ord. 3 2, 1968) (Ord. No. 585, 1, 10-26-2009)
Chapter 2-2 - CITY MANAGER

Sections:
2-201 - Office created. 2-202 - Residence. 2-203 - Eligibility. 2-204 - Bond. 2-205 - Acting city manager. 2-206 - Compensation. 2-207 - Powers and duties. 2-208 - Council-manager relations. 2-209 - Departmental cooperation. 2-210 - Attendance at commission meetings. 2-211 - Removal of city manager. 2-212 - Hearing. 2-213 - Suspension pending hearing. 2-214 - Discretion of council. 2-215 - Limitation on removal. 2-216 - Agreements on employment.
2-201 - Office created. The office of the city manager of the city of Lafayette is created. The city council appoints the city manager and shall make the appointment wholly on the basis of his administrative and executive ability and qualifications. The city manager holds office at the pleasure of the city council. (Ord. 20 1 (part), 1968) 2-202 - Residence. The city manager need not be a resident of the city at the time of his appointment. Unless the city council approves his residence outside the city, however, the city manager shall, within 180 calendar days after he commences his duties as city manager, become a resident of the city; and he shall continue to be a resident of the city during his tenure as city manager. (Ord. 157 1, 1976: Ord. 20 1 (part), 1968)
2-203 - Eligibility. A member of the city council is not eligible for appointment as city manager until one year elapses after the council member ceases to be a member of the council. (Ord. 20 1 (part), 1968) 2-204 - Bond. The city manager and acting city manager shall furnish a corporate surety bond approved by the city council in such sum as the city council determines. The bond shall be conditioned upon the faithful performance of the duties imposed upon the city manager and acting city manager. The premium for the bond is a proper charge against the city. (Ord. 20 1 (part), 1968) 2-205 - Acting city manager. The assistant city manager serves as manager pro tempore during the temporary absence or disability of the city manager. If there is no assistant city manager, the city manager shall designate a qualified city employee to exercise the powers and perform the duties of city manager during his temporary absence or disability by filing a written notice with the city clerk. If the city manager's absence or disability extends over a two-month period, the city council may appoint an acting city manager. (Ord. 20 1 (part), 1968) 2-206 - Compensation. (a) The city manager receives such compensation as the city council determines from time to time.
(b) The city manager shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. (c) On termination of employment of the city manager by involuntary removal from service other than for wilful misconduct in office, the city manager shall receive cash severance pay in a lump sum equal to three months' pay. The severance pay is computed at the highest salary received by the city manager during his service with the city. Involuntary removal from service shall include reduction in pay not applicable to all employees of the city. (Ord. 283 1, 1982: Ord. 20 1 (part), 1968) 2-207 - Powers and duties. The city manager is the administrative head of the government of the city, subject to the direction and control of the city council. He is responsible for the efficient administration of all the affairs of the city which are under his control. In addition to his general powers as administrative head and not as a limitation on them, the city manager shall: (a) Enforce the laws and ordinances of the city and see that the franchises, contracts, permits and privileges granted by the council are faithfully observed; (b) Control, order and give directions to all subordinate officers and employees of the city;
(c) Appoint, remove, promote and demote each officer and employee of the city, excepting the city attorney, subject to personnel ordinances, rules and regulations adopted by the council; (d) Conduct studies and effect such administrative organization and reorganization of offices, positions and units under his direction as are in the interest of efficient, effective and economical conduct of the city's business; (e) Recommend to the council for adoption such measures and ordinances as he considers necessary; (f) Attend all meetings of the council, except when excused by the council, and except when his removal is under consideration; (g) (h) Keep the council advised at all times as to the financial condition and needs of the city; Prepare and submit the proposed annual budget to the council for its approval;
(i) Serve as the city clerk and perform all the statutory duties thereof or appoint a city clerk with the authority to perform all the duties thereof; (j) Purchase, or supervise the purchase of, all supplies and services needed by the city;
(k) Review all proposed expenditures from city funds, and recommend approval by the council of all proper expenditures; (l) Investigate the affairs of the city and the performance of all employees and contractors, and make or recommend appropriate adjustments to improve efficiency and effectiveness; (m) Investigate all complaints of matters concerning the administration of the city government and of the services for which the city is responsible; (n) Exercise general supervision over all public buildings, public parks, and all other public property under the control and jurisdiction of the council; (o) Perform such other duties and exercise such other powers as the city council delegates to him from time to time. (Ord. 387 1, 1991; Ord. 157 2, 1976: Ord. 20 1 (part), 1968) 2-208 - Council-manager relations. Each member of the city council shall deal with the administrative services of the city through the city manager, except for the purpose of inquiry. Neither the council nor a member of the council shall give orders or instructions to subordinates of the city manager. The city manager shall take his orders and instructions from the council only when the council is sitting in a duly convened meeting, and no individual councilman shall give orders or instructions to the city manager. (Ord. 20 1 (part), 1968) 2-209 - Departmental cooperation. Each subordinate officer and the city clerk, city auditor, city treasurer and the city attorney shall assist the city manager in administering the affairs of the city efficiently, economically and harmoniously.
(Ord. 20 1 (part), 1968) 2-210 - Attendance at commission meetings. The city manager may, and upon request of the city council shall, attend meetings of the planning commission and other commissions, boards and committees created by the council. At those meetings which the city manager attends, boards or committees shall hear the city manager upon matters on which he wishes to address the members, and he shall inform the members as to the status of matters being considered by the council. He shall cooperate to the fullest extent with the members of each commission, board and committee appointed by the council. (Ord. 20 1 (part), 1968) 2-211 - Removal of city manager. The city manager may be removed only by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject to Sections 2-212 through 2-215. In case of his removal by the council, the council shall furnish the city manager with a written notice stating the council's intention to remove him at least 30 days before the effective date of his removal. If the city manager so requests, the council shall provide in writing reasons for the intended removal. The council shall provide the city manager with these written reasons within seven days after the receipt of a request from the city manager. The city manager shall make his request for the reasons in writing at least 15 days before the effective date of his removal. (Ord. 20 1 (part), 1968) 2-212 - Hearing. Within seven days after the delivery to the city manager of the notice of intention to remove, the city manager may request a hearing before the council by filing written notice with the city clerk. Thereafter, the council shall fix a time for the hearing. The council shall hold the hearing at its usual meeting place, before the effective date of the intended removal. At the hearing the city manager may appear and be heard with or without counsel. The purpose of the hearing is to allow the city manager to present to the council his grounds of opposition to his removal before the council acts. (Ord. 20 1 (part), 1968) 2-213 - Suspension pending hearing. After furnishing the city manager with written notice of intended removal, the council may suspend him from duty, but his compensation continues until the effective date of his removal by action of the council taken after the hearing referred to in Section 2-212. (Ord. 20 1 (part), 1968) 2-214 - Discretion of council. In removing the city manager, the council has absolute discretion and its action is final and conclusive and does not depend upon any particular showing or degree of proof at the hearing. (Ord. 20 1 (part), 1968)
2-215 - Limitation on removal. Notwithstanding Sections 2-211 through 2-214, the city manager may not be removed from office, other than for misconduct in office, during the period of 90 days following: (a) a general municipal election held in the city at which a member of the city council is elected; or (b) the time when a new city councilman is appointed. The purpose of this section is to allow each newly elected or appointed member of the council or a reorganized council to observe the actions and ability of the city manager in the performance of the powers and duties of his office. (Ord. 20 1 (part), 1968) 2-216 - Agreements on employment. Sections 2-201 through 2-215 are not a limitation on the power or authority of the city council to enter into a supplemental agreement with the city manager delineating additional terms and conditions of employment not inconsistent with those sections. (Ord. 20 1 (part), 1968)
Chapter 2-3 - PLANNING COMMISSION

Sections:
2-301 - Creation of planning commission. 2-302 - Qualifications. 2-303 - Term of office. 2-304 - Removal or vacancy. 2-305 - Absence from meeting. 2-306 - Time and place of regular meeting. 2-307 - No compensation. 2-308 - Appointment of chairman, vice-chairman and secretary. 2-309 - Adoption of rules. 2-310 - Duties and powers of the commission. 2-311 - Quorum. 2-312 - Duties of officers of the commission.
2-301 - Creation of planning commission. A city planning commission of the city of Lafayette is established. The planning commission consists of seven members appointed by the city council. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-302 - Qualifications. Each member of the planning commission shall be a qualified elector of the city. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968)
2-303 - Term of office. (a) The term of office of each member is two years ending on December 31st, except as provided in subsection (b). Each member serves until his successor is appointed and qualified. (b) The members serving at the time this section takes effect continue their present terms ending on May 31, 1989 or 1990, as established at the time of appointment. The members appointed to serve beginning June, 1989 and January, 1990 shall serve 19 months, through December 31st. (Ord. 374 1, 1989: Ord. 74 1, 1971: Ord. 43 1, 1970: Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-304 - Removal or vacancy. A member of the commission may be removed by a majority vote of the council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-305 - Absence from meeting. (a) If a member of the commission is absent without cause from three successive regular meetings of the commission, the office becomes vacant automatically. The commission shall immediately notify the city council of the vacancy. (b) A member is not absent without cause if his absence is (1) due to illness; or (2) unavoidable and the member gives the secretary of the commission written notice before the day of the meeting that he will be absent and giving the reason for the absence. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-306 - Time and place of regular meeting. The regular meetings of commission shall be held on the first and third Monday of each month at seven p.m., at the Lafayette Library and Learning Center, 3491 Mount Diablo Boulevard, Lafayette, California. If the meeting date falls on a holiday, the meeting will be held the following day. (Ord. 404 1, 1993: Ord. 374 2, 1989: Ord. 339 3, 1985: Ord. 105 1, 1973: Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) (Ord. No. 585, 2, 10-26-2009) 2-307 - No compensation. Members of the planning commission do not receive compensation for attendance at commission meetings. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-308 - Appointment of chairman, vice-chairman and secretary. The commission shall elect a chairman and vice-chairman from among its members. The chairman and
vice-chairman serve for a term of one year and until the successor of each is appointed and qualified. The commission shall appoint a secretary, who need not be a member of the commission. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-309 - Adoption of rules. The commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 25 3 (5) (part), 1969; Ord. 10 1 (part), 1968) 2-310 - Duties and powers of the commission. In addition to the duties, rights and powers imposed by state law, the commission shall perform the duties and has the rights, powers and privileges provided by ordinance or resolution of the city council. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-311 - Quorum. Four members of the commission constitute a quorum for the transaction of business. (Ord. 39 1, 1970: Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968) 2-312 - Duties of officers of the commission. (a) Chairman. The chairman shall preside at all meetings of the commission. He shall appoint all committees and shall perform all the duties necessary or incidental to his office. (b) Vice-chairman. The vice-chairman is chairman in the absence or inability of the chairman to act.
(c) Secretary. The secretary shall keep minutes of each meeting and shall record each hearing and official action. On all official actions upon which a vote is taken, the secretary shall take the vote by roll call vote in alphabetical order with the chairman voting last. The secretary shall examine incoming mail for proper referral and answer correspondence for the commission. The secretary shall maintain records of operations and shall perform such other duties as the commission may assign. (Ord. 25 3(5) (part), 1969; Ord. 10 1 (part), 1968)
Chapter 2-4 - CIRCULATION COMMISSION

Sections:
2-401 - Creation of circulation commission. 2-402 - Purpose of the commission. 2-403 - Qualifications. 2-404 - Term of office. 2-405 - Removal or vacancy. Lafayette, California, Code of Ordinances Page 8 of 31
2-406 - No compensation. 2-407 - Time and place of regular meetings. 2-408 - Appointment of chair and vice-chair. 2-409 - Adoption of rules. 2-410 - Quorum. 2-411 - Absence from meetings. 2-412 - Duties of officers. 2-413 - Duties of the commission. 2-414 - Acceptance of gifts and grants.
2-401 - Creation of circulation commission. A circulation commission consisting of seven members is established. The seven members are appointed by the city council. (Ord. 496 1, 1998: Ord. 474 1, 1998: Ord. 453 1 (part), 1996) 2-402 - Purpose of the commission. The purpose of the commission is to review all matters that affect the city's rights-of-way, including promoting traffic safety in the city and administering the circulation element of the general plan. (Ord. 453 1 (part), 1996) 2-403 - Qualifications. Six of the seven members of the commission shall be residents of the city and shall represent specific neighborhoods as designated by the commission. The seventh member of the commission, who need not be a resident of the city, shall either own or operate a business in the downtown. The six neighborhoods and the downtown area to be represented by the membership of the commission are shown on the map attached to the ordinance codified in this section, a copy of which is on file in the office of the city clerk. (Ord. 496 2, 1998: Ord. 474 2, 1998: Ord. 453 1 (part), 1996) 2-404 - Term of office. The members appointed shall be classified by the city council so that five members serve until December 31, 1996, and four members serve until December 31, 1997. Thereafter, the term of office of each member is two years. Each member shall serve until a successor is appointed. (Ord. 474 3, 1998: Ord. 453 1 (part), 1996) 2-405 - Removal or vacancy. A member of the commission may be removed by majority vote of the city council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 453 1 (part), 1996)
2-406 - No compensation. Members of the circulation commission serve without compensation. (Ord. 453 1 (part), 1996) 2-407 - Time and place of regular meetings. The commission shall meet at least twice each month at a time and place in Lafayette designated by the commission. Commission meetings shall be open to the public and shall be noticed in accordance with law. (Ord. 453 1 (part), 1996) 2-408 - Appointment of chair and vice-chair. The commission members shall designate the chair and vice-chair of the commission from among the membership. Each chair term shall be one year. (Ord. 453 1 (part), 1996) 2-409 - Adoption of rules. The commission shall adopt rules for the transaction of its business, and shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 453 1 (part), 1996) 2-410 - Quorum. A majority of the voting members of the commission constitutes a quorum for the transaction of business. (Ord. 474 4, 1998: Ord. 453 1 (part), 1996) 2-411 - Absence from meetings. If a member of the commission is absent without notice from three consecutive regular meetings of the commission, the office becomes vacant automatically. The commission shall immediately notify the council of the vacancy. Members must notify the chair before the meeting in order to be excused. (Ord. 453 1 (part), 1996) 2-412 - Duties of officers. (a) Chair. The chair shall preside at all meetings of the commission. The chair shall appoint all committees and shall perform all the duties necessary or incidental to the office. (b) Vice-Chair. The vice-chair shall serve as chair in the absence or inability of the chair to act.
(Ord. 453 1 (part), 1996)
2-413 - Duties of the commission. The duties of the commission are to: (a) Assist in the preparation and administration of the circulation element of the general plan, including the implementation of the street, walkways and bikeways plans. In performing this duty the commission shall: (1) Periodically review and recommend the update of the city's long range circulation plans,
(2) Adopt criteria for determining priorities for allocation of street, walkway and bikeway construction funds appropriated by the city to specific construction projects, and prepare and keep current a priority list of street, walkway and bikeway projects, (3) Adopt procedures and standards for estimating and valuing costs and contributions of labor and material for street, walkway and bikeway construction projects, (4) Adopt procedures and standards for determination of in lieu payments to be used only for walkway construction projects and determine the amount of such payments in specific cases. Consider the creation of similar fees for traffic mitigation and bikeways projects; (b) Review and recommend to the city council the projects to be included in the city's capital improvement program. In performing this duty the commission shall: (1) Assist in the preparation and adoption of a long-range capital improvement program,
(2) Conduct annual hearings on projects in the city's rights-of-way, and forward recommendations to the city council on the number and scope of projects to be included in the capital improvement program. Convene meetings to review the scope and detail of capital projects, (3) Adopt criteria for determining priorities for the allocation of construction funds appropriated by the city, (4) Assist in the pursuit of grants for the construction of capital projects,
(5) Recommend to the city council ways to improve the quality of capital improvements projects, (6) Develop consistent construction and design standards for streets, walkway and bikeways, in keeping with the city's general plan, (7) Recommend to the council for adoption and then administer a procedure for removing obstructions, such as shrubs and vegetation from areas which are within the public right-of-way and which are proposed as sites for the location of a street, walkway or bikeway; (c) Process requests from citizens and groups for circulation changes, recommending action by the city council when appropriate. In performing this duty the commission shall: (1) Forward recommendations to the council on projects to improve traffic and pedestrian safety; and indicate relative priorities for such projects, (2)
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Inform citizens and groups of the methods available to them to obtain solutions to traffic
and pedestrian safety problems, (3) Publicize problems of traffic and pedestrian safety in the city and implement an ongoing program of traffic safety education, (4) Investigate sources of funding for the improvement of traffic and pedestrian safety, and take appropriate steps to obtain available funds, (5) Prepare standards for safe street design including such aspects as warning and regulatory signs, pavement markings, reflective devices, traffic signals and other traffic control devices; and recommend adoption of said standards by the council, (6) Review requests to change the on-street parking regulations;
(d) Provide liaison between the community and the police on matters of traffic and pedestrian safety. The commission shall not supervise the functioning of the police department, but may periodically request the assistance of police personnel on matters relating to safety. Commission agendas and packets shall be forwarded to the police services manager. In performing this duty the commission shall: (1) Advise the city's police agency on the deployment of traffic control officers,
(2) Analyze and draw conclusions from auto accidents data, and initiate appropriate corrective action whenever feasible, (3) Review and recommend changes to the enforcement of laws which require the removal of obstructions limiting the visibility of motor vehicle drivers and pedestrians, (4) Monitor and recommend changes to parking enforcement standards;
(e) Encourage coordination with other agencies, including but not limited to the school districts, the county, transportation and transit authorities, the California Highway Patrol and neighboring communities. In performing this duty the commission shall: (1) Review and comment to the city council on development proposals in adjacent jurisdictions which might impact traffic and pedestrian conditions in Lafayette, (2) Review and comment on regional plans affecting circulation in Lafayette and Lafayette's residents, such as those prepared by the Contra Costa transportation authority, (3) (4) Monitor the implementation of the projects in the Lamorinda traffic study, Work with the school districts on matters relating to traffic safety near school sites;
(f) When requested by the community development director, the city manager, the planning commission or the city council, the commission shall analyze land development proposals from the standpoint of traffic safety and suggest conditions or requirements which might reasonably be imposed on the project to minimize any adverse traffic effects which would otherwise result from the development; (g) Perform other duties as directed by the city council.
(Ord. 474 5, 1998: Ord. 453 1 (part), 1996)

2-414 - Acceptance of gifts and grants. The commission may accept gifts and grants in the form of financial contribution, labor or materials. All gifts and contributions accepted by the commission must be approved by the city council in advance of acceptance. (Ord. 453 1 (part), 1996)
Chapter 2-5 - DESIGN REVIEW COMMISSION

Sections:
2-501 - Design review commission established. 2-502 - Membership and qualifications. 2-503 - Term of office. 2-504 - Removal or vacancy. 2-505 - No compensation. 2-506 - Time and place of regular meetings. 2-507 - Appointment of chair, vice-chair and secretary. 2-508 - Adoption of rules. 2-509 - Quorum. 2-510 - Duties of the commission. 2-511 - Appeals.
2-501 - Design review commission established. A design review commission of the city of Lafayette is established. (Ord. 427 1 (part), 1994) 2-502 - Membership and qualifications. (a) The design review commission consists of: (1) Five voting members, appointed by the city council; and
(2) One ex officio member, who shall be a planning commissioner, appointed by the planning commission to serve as a liaison with the design review commission. The ex officio member may participate in the hearings and deliberations of the commission but may not vote. (b) Members of the design review commission shall be selected on the basis of education, training and experience in the fields of architecture, landscape architecture, design, city planning or a related field. If possible, at least two voting members of the design review commission shall be an architect or landscape architect. The council may appoint one or more nonresidents if, in its discretion, it considers it necessary to gain sufficient expertise. (Ord. 427 1 (part), 1994)
2-503 - Term of office. (a) The term of office of each voting member is two years ending on December 31st, except that the members of the design review commission holding office on the date this chapter becomes effective continue as members of the design review commission. Each initial member shall serve the same term he would have served as a member of the design review commission had it not been replaced. Each member serves until a successor is appointed and qualifies. Members may be appointed for successive terms. (b) The term of office of the ex officio member is one year.
(Ord. 427 1 (part), 1994) 2-504 - Removal or vacancy. (a) A member of the commission may be removed by a majority vote of the city council.
(b) A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves the remainder of the unexpired term. (c) If a member of the commission is absent without cause from three successive regular meetings, the office becomes vacant automatically. The commission shall immediately notify the planning commission of the vacancy. A member is not absent without cause if his absence is (1) due to illness; or (2) unavoidable and the member gives the planning director notice before the day of the meeting that he will be absent and gives the reason for the absence. (Ord. 427 1 (part), 1994) 2-505 - No compensation. No member of the design review commission may receive compensation for services on this commission. (Ord. 427 1 (part), 1994) 2-506 - Time and place of regular meetings. The commission shall hold regular meetings at least twice every month, and at such times and places in Lafayette as it shall determine. Commission meetings shall be open to the public and shall be noticed in accordance with law. (Ord. 491 1, 1998: Ord. 427 1 (part), 1994) 2-507 - Appointment of chair, vice-chair and secretary. The commission shall elect a chair and vice-chair from among its members. The chair and vice-chair shall serve for a term of one year and until the successor of each is appointed and qualified. The commission shall appoint a secretary, who need not be a member of the commission. (Ord. 427 1 (part), 1994)
2-508 - Adoption of rules. The commission shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 427 1 (part), 1994) 2-509 - Quorum. A majority of the voting members of the commission constitutes a quorum for the transaction of business. (Ord. 427 1 (part), 1994) 2-510 - Duties of the commission. (a) The design review commission is the reviewing authority for matters relating to signs and the issuance of sign permits under Chapter 6-25 (b) The commission is the reviewing authority: (1) For exterior changes to an existing building or parking lot; and
(2) When design review is required as a condition of approval, unless such authority is delegated by ordinance to the planning director; and (3) (4) For a two-story structure or second story as provided under Chapter 6-19; and For development of property in a low density residential district as set forth in Section 6-7172.
(c) The commission shall hear each appeal of a planning director's decision as provided in Section 6-280 (d) The commission may conduct study sessions on the aesthetic aspects of any application at the request of the applicant or upon referral from the planning commission or planning director. When such session is held, the commission's role is advisory and it shall provide a written report to the planning commission. (e) The commission shall advise the staff, planning commission and city council on matters relating to aesthetics and the physical appearance of the city, and perform other duties as directed by the city council. (f) The commission shall adopt standards and procedures for the administration of Chapter 6-2, Article 5, and Chapter 6-25 of this code and to implement its other duties. (Ord. 427 1 (part), 1994) 2-511 - Appeals. A decision of the design review commission may be appealed to the planning commission following procedures set forth in Section 6-232 of this code, except that in matters relating to signs and sign permits a design review commission decision is appealable to the city council. (Ord. 427 1 (part), 1994)
Chapter 2-7 - YOUTH COMMISSION*

Sections:
2-701 - Creation of youth commission. 2-702 - Qualifications of members. 2-703 - Appointment of members. 2-704 - Term of office. 2-705 - Removal or vacancy. 2-706 - Time and place of regular meetings. 2-707 - No compensation. 2-708 - Appointment of officersDuties. 2-709 - Adoption of rulesRecords. 2-710 - Quorum. 2-711 - Purpose of the commission. 2-712 - Duties of the commission. 2-713 - Solicitation and acceptance of funds.
2-701 - Creation of youth commission. (a) A youth commission of the city of Lafayette is established. The commission shall consist of 15 members appointed by the city council. (b) At least two adult advisors shall be appointed by the city council to assist the commission. One of the adult advisors may be a member of city staff. (c) The commission shall have associate members appointed by the youth commission.
(Ord. 568 1 (part), 2007) 2-702 - Qualifications of members. Each member shall be a resident of Lafayette. Distribution of members is as follows: (a) Members shall represent the following schools: Acalanes High School, Campolindo High School, and Stanley Intermediate; (b) The commission must have representation distributed from grades six through 12.
(Ord. 568 1 (part), 2007)

2-703 - Appointment of members. (a) Anyone that meets the qualifications present to Section 2-702 may complete an application to join the youth commission, at which time they will be considered an associate member. (b) Associate members will be considered eligible to become members by their attendance and participation at youth commission meetings, subcommittee meetings, and youth commission sponsored events. (Ord. 568 1 (part), 2007) 2-704 - Term of office. The term of office of each member shall be two years. Each former youth committee member holding office on the effective date of the ordinance codified in this chapter shall be a member of the youth commission with a remaining term of office identical to the term of office the member would have held as a youth committee member had the youth committee not ceased to exist. Members of the commission who were previously appointed for grades six, seven, eight, nine, ten and 11 advance to serve as members for grades seven, eight, nine, ten, 11 and 12 respectively. New members shall be chosen to maintain the distribution of grade levels represented. Upon expiration of a two-year term of office, a member may reapply for a new term in the same manner as a new applicant for the term of office. Each member serves until a successor is appointed and qualifies. (Ord. 568 1 (part), 2007) 2-705 - Removal or vacancy. (a) A member may be removed by a majority vote of the city council.
(b) Whenever a member ceases to be a regular student at one of the permitted schools listed in Section 2-702, the commission shall declare that position vacant. (c) If a member is absent without cause from four regular meetings, special meetings, or LYC sponsored events of the commission throughout the year, not including subcommittee meetings, the commission shall declare the position vacant. A member is not absent without cause if the absence is: (1) Due to illness; or
(2) Unavoidable and the member gives the chairman of the commission written notification before the day of the meeting that he or she will be absent and gives the reasons for the absence. (d) Whenever a vacancy occurs, the city council shall fill the vacancy in the same manner as was used for the original appointment. A member appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 568 1 (part), 2007) 2-706 - Time and place of regular meetings. The youth commission shall meet at least once a month at six p.m., at the Lafayette Community Center, 500 St. Mary's Road, Lafayette. The chairman may call a special meeting whenever the situation warrants, after giving such notice to all members as the law requires.
(Ord. 568 1 (part), 2007) 2-707 - No compensation. Members of the youth commission do not receive compensation for attendance at commission meetings. (Ord. 568 1 (part), 2007) 2-708 - Appointment of officersDuties. (a) The commission shall elect a chairman, vice-chairman, secretary, and treasurer from among its members to serve for one year and until the successor of each take offices. (b) The chair shall preside at all meetings of the commission, shall appoint all subcommittees and shall perform the duties necessary or incidental to this office. The vice-chair shall be chair in the absence of the chair or in case of the inability of the chair to act. The secretary shall be present at all regular meetings, take minutes, and publish the minutes within one week after the meeting. The treasurer shall obtain and record expenses and income information from the city of Lafayette after every youth commission event and provide a treasury report to the youth commission at every regular meeting. (c) An associate member shall meet the qualifications of members pursuant to Section 2-702. An associate member has no vote on the commission and shall not be considered a member of the commission for purposes of developing a quorum. Associate members may eventually become a member if there is a vacancy, the associate member meets the qualifications of members pursuant to Section 2-702 and Section 2-703(b). (Ord. 568 1 (part), 2007) 2-709 - Adoption of rulesRecords. The commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 568 1 (part), 2007) 2-710 - Quorum. A majority of the commission shall constitute a quorum for the transaction of business. (Ord. 568 1 (part), 2007) 2-711 - Purpose of the commission. The commission is advisory in nature and will assume no authority or responsibility beyond that contained in this chapter, or beyond that which the city council may from time to time delegate to it. The commission shall undertake investigations and studies and make recommendations to the city council concerning the following: (a) (b) Formulation of general policies relating to the duties and functions of the commission; Policies for the welfare of youth of the city;
(c) (d) (e) (f) (g) (h)
Leisure-time activities and worthwhile programs for youth; Youth opinion in the city; Involvement of youth in community activities; Involvement of youth in community service; Programs addressing adolescent problems; Other matters related to youth as delegated by the city council.
(Ord. 568 1 (part), 2007) 2-712 - Duties of the commission. The commission shall: (a) Assist and guide by providing consultation to the city council and other interested groups in the city; (b) (c) (d) Assist and carry out the directives of the city council for the benefit of youth; Initiate and coordinate programs and activities for the benefit of youth in the community; Act as a bridge between the youth of the community and the city government;
(e) Interest and involve the youth in community activities, community service, and city government; (f) Act as a clearinghouse and information center on all aspects of youth activities, making this information available to the public; (g) (h) Identify funding sources for staffing and proposed activities; Study aspects of problems related to the youth of the city.
In performing its duties, the commission shall (1) prepare and submit to the city council minutes of its activities and recommendations for improvements and additions to existing city efforts, and (2) assist and cooperate with existing groups and agencies. The commission may appoint one or more of its members to be a liaison to any public organization concerned with matters within the scope of the commission's functions. (Ord. 568 1 (part), 2007) 2-713 - Solicitation and acceptance of funds. The commission may, with the approval of the city council, solicit and accept gifts and grants from any source to assist it in the performance of its functions. Such funds must be deposited in a city account and may only be spent as authorized by the city council. (Ord. 568 1 (part), 2007)
Chapter 2-8 - PARKS, TRAILS AND RECREATION COMMISSION

Sections:
2-801 - Creation of parks, trails and recreation commission. 2-802 - Qualifications. 2-803 - Term of office. 2-804 - Removal or vacancy. 2-805 - Absence from meeting. 2-806 - No compensation. 2-807 - MeetingsAppointment of officersAdoption of rules. 2-808 - Quorum. 2-809 - Duties of the commission.
2-801 - Creation of parks, trails and recreation commission. A parks, trails and recreation commission of the city of Lafayette is established. The commission consists of nine members appointed by the city council. (Ord. 513 1 (part), 2000; Ord. 187 1, 1978: Ord. 135 1, 1975: Ord. 62 1 (part), 1971) 2-802 - Qualifications. At least eight of the nine members of the commission shall be residents of the city; and all members shall, by experience, training, education, occupation or avocation, have demonstrated knowledge of and interest in parks, trails and/or recreation. (Ord. 315 1 (part), 1984: Ord. 187 3, 1978: Ord. 62 1 (part), 1971) 2-803 - Term of office. The term of office of each member is two years. The council shall adjust the terms of the current members of the commission, and shall specify the terms of members appointed to the commission pursuant to the adoption of this amended section, so that the terms of five members expire on December 31, 1975 and the terms of four members expire on December 31, 1976. (Ord. 135 2, 1975: Ord. 62 1 (part), 1971) 2-804 - Removal or vacancy. A member of the commission may be removed by a majority vote of the council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 62 1 (part), 1971) 2-805 - Absence from meeting. If a member of the commission is absent without cause from three successive regular meetings of the commission, the office becomes vacant automatically. The commission shall immediately notify the city
council of the vacancy. A member is not absent without cause if his absence is (a) due to illness; or (b) unavoidable and the member gives the secretary of the commission written notice before the day of the meeting that he will be absent and giving the reason for the absence. (Ord. 62 1 (part), 1971) 2-806 - No compensation. No member of the parks, trails and recreation commission shall receive any compensation for his services as a member of the commission. (Ord. 513 1 (part), 2000; Ord. 135 3, 1975: Ord. 62 1 (part), 1971) 2-807 - MeetingsAppointment of officersAdoption of rules. (a) The commission shall provide by resolution for the time and place for holding regular meetings, the appointment of its officers and their duties, and such rules as it considers necessary for the conduct of its business and the performance of its powers and duties. (b) All meetings of the commission are open to the public, and the commission shall give notice of its meetings as is required by law. (Ord. 62 1 (part), 1971) 2-808 - Quorum. A majority of the commission constitutes a quorum for the transaction of business. (Ord. 62 1 (part), 1971) 2-809 - Duties of the commission. The commission shall: (a) Propose for the consideration of the city council a municipal parks and recreation program, including the acquisition, development and maintenance of park and recreation facilities, and the operation of a recreational program, together with one or more sources of continuing revenue (in addition to current city revenues, except for parkland dedication fees) sufficient to fund the proposal; (b) On a continuing basis, collect and disseminate information on the park and recreation facilities and programs available to Lafayette citizens; (c) Periodically analyze the needs of the community for recreational facilities of all types, both public and private, including profit-making recreational businesses, and recommend to the city council appropriate municipal involvement in the financing, acquisition, construction and operation of such facilities; (d) Advise the city council on the operation of such recreational facilities as may be acquired or leased by the city, including recommendations as to user fees and facility rental charges; (e) Prepare, and from time to time, as needed, revise a written policy governing the use of city-owned recreational facilities and parklands, and, upon the approval of such policy statement
by the city council, supervise and control the use of such facilities in compliance with the approved policy; (f) Recommend appropriate action by the city council on proposed gifts of real property, money and other valuable assets, when the gift is to be used for recreational purposes; (g) Solicit on behalf of the city gifts and grants for recreational purposes and recommend appropriate action by the city council on applications for such grants; (h) Encourage private individuals and organizations to (1) provide recreational facilities for the benefit of the community; and (2) subsidize the operation of those facilities; (i) Perform such advisory tasks related to parks and recreation as may from time to time be assigned by the city council; (j) Provide liaison in park and recreation matters between the city and other public and quasi-public agencies which own facilities which can be used for recreation, and/or which conduct recreation activities; (k) Advise and guide civic groups, youth organizations and interested individuals who wish to engage in community service projects in the field of parks and recreation; and (l) Advise city staff in such park and recreation activities as the city council decides to undertake. (Ord. 315 1 (part), 1984; Ord. 135 4, 1975: Ord. 62 1 (part), 1971)
Chapter 2-9 - REDEVELOPMENT AGENCY

Sections:
2-901 - Finding of need for redevelopment agency to function. 2-902 - Declaration that city council is the redevelopment agency.
2-901 - Finding of need for redevelopment agency to function. Under Section 33101 of the Health and Safety Code of the State of California, the city council declares that there is a need for the agency created by Section 33100 of the Health and Safety Code to function in the city of Lafayette. The redevelopment agency of the city is authorized to transact business and exercise its power under the provisions of the Community Redevelopment Law of the State of California, Health and Safety Code Sections 33000 through 33674. (Ord. 126 1, 1974) 2-902 - Declaration that city council is the redevelopment agency. Under Section 33200 of the Health and Safety Code, the city council declares itself to be the agency
provided for in Section 2-901 of this chapter. All the rights, powers, duties, privileges and immunities vested by the Community Redevelopment Law in the agency shall be vested in the city council. (Ord. 126 2, 1974)
Chapter 2-10 - CODE ENFORCEMENT APPEALS BOARD*

Sections:
2-1001 - Creation of code enforcement appeals board. 2-1002 - Qualifications. 2-1003 - Term of office. 2-1004 - Removal or vacancy. 2-1005 - No compensation. 2-1006 - Time and place of regular meetings. 2-1007 - Appointments of chair and vice-chair. 2-1008 - Record of proceedings. 2-1009 - Quorum. 2-1010 - Absence from meetings. 2-1011 - Duties of officers. 2-1012 - Duties of the board.
2-1001 - Creation of code enforcement appeals board. A code enforcement appeals board ("board") in the city of Lafayette is established. The board consists of three members appointed by the city council. (Ord. 560 4 (part), 2006) 2-1002 - Qualifications. Each member of the board shall be a resident of the city. (Ord. 560 4 (part), 2006) 2-1003 - Term of office. The term of office of each member of the board is four years. Each member serves until a successor is appointed. (Ord. 560 4 (part), 2006) 2-1004 - Removal or vacancy. A member of the board may be removed by a majority vote of the city council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term.
(Ord. 560 4 (part), 2006) 2-1005 - No compensation. Members of the board serve without compensation. (Ord. 560 4 (part), 2006) 2-1006 - Time and place of regular meetings. The board shall meet at least once a month at a time and place in Lafayette designated by the board. Board meetings are open to the public and shall be noticed in accordance with law. (Ord. 560 4 (part), 2006) 2-1007 - Appointments of chair and vice-chair. The board members shall designate the chair and vice-chair of the board from among the membership. Each chair term shall be one year. (Ord. 560 4 (part), 2006) 2-1008 - Record of proceedings. The board shall keep a public record of its proceedings, including findings and decisions. (Ord. 560 4 (part), 2006) 2-1009 - Quorum. Two members of the board shall constitute a quorum for the transaction of business. (Ord. 560 4 (part), 2006) 2-1010 - Absence from meetings. (a) If a member of the board is absent without cause from three successive regular meetings of the board, the office becomes vacant automatically. The board shall immediately notify the city council of the vacancy. (b) A member is not absent without cause if his or her absence is due to illness or is unavoidable, and the member gives the chair written notice before the day of the meeting that he or she will be absent and giving the reason for the absence. (Ord. 560 4 (part), 2006) 2-1011 - Duties of officers. (a) (b) Chair. The chair shall preside at all meetings of the board. Vice-chair. The vice-chair shall serve as the chair in the absence or inability of the chair to preside.
(Ord. 560 4 (part), 2006)
2-1012 - Duties of the board. The duties of the board are to act as the code enforcement appeals board in accordance with Chapters 1-9 and 8-21 of this municipal code. (Ord. 560 4 (part), 2006)
Chapter 2-11 - SENIOR SERVICES COMMISSION

Sections:
2-1101 - Creation of senior services commission. 2-1102 - Qualifications. 2-1103 - Term of office. 2-1104 - Removal or vacancy. 2-1105 - Absence from meeting. 2-1106 - No compensation. 2-1107 - Meetings. 2-1108 - Officers. 2-1109 - Rules. 2-1110 - Quorum. 2-1111 - Duties of officers. 2-1112 - Duties of commission.
2-1101 - Creation of senior services commission. A senior services commission consisting of nine members is established. The nine members shall be appointed by the city council. (Ord. 559 (part), 2006: Ord. 486 1, 1998: Ord. 346 1, 1986: Ord. 124 1 (part), 1974) 2-1102 - Qualifications. At least seven members of the commission shall reside in the city. At least a majority of the commission shall be at least 60 years of age. (Ord. 562 (part), 2007: Ord. 486 2, 1998: Ord. 124 1 (part), 1974) 2-1103 - Term of office. Any member serving on the commission as of November 27, 2006 shall continue in office until December 31st of the third year after his or her appointment to office. The term of office of each member appointed after November 27, 2006 shall be for two years and shall expire on December 31st of the second year after his or her appointment to office. Each member shall serve until his or her successor is appointed and qualified. (Ord. 562 (part), 2007: Ord. 486 3, 1998: Ord. 124 1 (part), 1974)
2-1104 - Removal or vacancy. A member of the commission may be removed by a majority vote of the council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 124 1 (part), 1974) 2-1105 - Absence from meeting. If a member of the commission is absent without cause from three successive regular meetings of the commission, the office becomes vacant automatically. The commission shall immediately notify the council of the vacancy. A member is not absent without cause if his absence is (a) due to illness; or (b) unavoidable and the member gives the administrative aide notice before the day of the meeting of the member's absence and the reason for the absence. (Ord. 394 1, 1992: Ord. 124 1 (part), 1974) 2-1106 - No compensation. No member of the commission shall receive any compensation for his service. (Ord. 124 1 (part), 1974) 2-1107 - Meetings. The commission shall hold regular meetings, at least every other month, and at such times and places as it shall determine. (Ord. 486 4, 1998: Ord. 124 1 (part), 1974) 2-1108 - Officers. The city council shall appoint the first chair and vice-chair of the commission following creation of the commission. Thereafter, at the first commission meeting in January, the commission shall elect a chair and vice-chair from among its members. The chair and vice-chair serve for a term of one year and until the successor of each is appointed and qualified. (Ord. 562 (part), 2007: Ord. 394 2, 1992: Ord. 124 1 (part), 1974) 2-1109 - Rules. The commission shall adopt rules and bylaws for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 124 1 (part), 1974) 2-1110 - Quorum. A majority of the voting members of the commission (five) shall constitute a quorum for the transaction of business. (Ord. 559 (part), 2006: Ord. 486 5, 1998: Ord. 124 1 (part), 1974)
2-1111 - Duties of officers. (a) Chair. The chair shall preside at all meetings of the commission. The chair shall appoint all committees of the commission and shall perform all of the duties necessary or incidental to the office. (b) Vice-chair. The vice-chair shall fulfill all duties of the chair in the absence or inability of the chairperson to act. (Ord. 562 (part), 2007: Ord. 394 3 (part), 1992: Ord. 124 1 (part), 1974) 2-1112 - Duties of commission. It shall be the responsibility of the commission to identify those unique needs of the city's residents aged 60 or over which might be met, in whole or in part, by the city, and to make reports and recommendations, from time to time, to the city council concerning appropriate action the city might take with respect to such needs. Specifically, and without limitation, the commission shall: (a) Identify the needs of the aging in the community and create a citizen awareness of these needs; (b) Encourage the improvement of standards of public and private services to the aging and the coordination among organizations providing these services by offering advice and assistance thereto; collect, maintain and interpret information and statistics on the aging for the use of citizens and organizations in the city; encourage the preparation of publications and the distribution of studies and research pertaining to the aging; (c) Advise the city council on all matters affecting the aging in the community;
(d) Render advice and assistance to other city commissions, to the city staff and to private agencies on matters affecting the aging; (e) Support and work with Lafayette Senior Services Center coordinator to develop programs which will make the center a highly visible facility where seniors can obtain information, services and opportunities for education and socializing; (f) Promote and support the senior transportation program and the senior housing program;
(g) Liase with local, county, and regional forums and organizations which address topics of interest to seniors. (Ord. 562 (part), 2007: Ord. 394 3 (part), 1992: Ord. 124 1 (part), 1974)
Chapter 2-15 - CRIME PREVENTION COMMISSION

Sections:
2-1501 - Creation of crime prevention commission. 2-1502 - Qualifications. 2-1503 - Term of office. 2-1504 - Removal or vacancy. 2-1505 - Absence from meeting. 2-1506 - No compensation. 2-1507 - MeetingsAppointment of officersAdoption of rules. 2-1508 - Quorum. 2-1509 - Duties of the commission.
2-1501 - Creation of crime prevention commission. A crime prevention commission consisting of seven members is established. The seven members are appointed by the city council. (Ord. 500 1, 1998: Ord. 216 2, 1979: Ord. 184 1 (part), 1977: Ord. 165 1 (part), 1976) 2-1502 - Qualifications. At least five members of the crime prevention commission shall be residents of the city. The other two members shall be either residents of the city, or in business in downtown Lafayette. All members shall have a sincere interest in, and concern for, reducing the incidence and severity of thefts, burglaries and other crimes. (Ord. 500 2, 1998: Ord. 238 1, 1980: Ord. 216 3, 1979: Ord. 165 1 (part), 1976) 2-1503 - Term of office. The city council shall classify the members it appoints so that four members serve until December 31, 1998, and three members serve until December 31, 2000. Thereafter, the term of office of each member is three years. Each member serves until a successor is appointed. (Ord. 500 3, 1998: Ord. 184 1 (part), 1977: Ord. 165 1 (part), 1976)
2-1504 - Removal or vacancy. A member of the commission may be removed by a majority vote of the council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 165 1 (part), 1976) 2-1505 - Absence from meeting. If a member of the commission is absent without cause from three successive regular meetings of the commission, the office becomes vacant automatically. The commission shall immediately notify the city council of the vacancy. A member is not absent without cause if his absence is (a) due to illness; or (b) unavoidable and the member gives the secretary of the commission written notice before the day of the meeting that he will be absent and giving the reason for the absence. (Ord. 165 1 (part), 1976) 2-1506 - No compensation. No member of the commission shall receive compensation for his services on the commission. (Ord. 216 4, 1979: Ord. 165 1 (part), 1976) 2-1507 - MeetingsAppointment of officersAdoption of rules. (a) The commission shall provide by resolution for the time and place for holding regular meetings, the appointment of its officers and their duties, and such rules as it considers necessary for the conduct of its business and the performance of its powers and duties. (b) All meetings of the commission are open to the public, and the commission shall give notice of its meetings as is required by law. (Ord. 165 1 (part), 1976) 2-1508 - Quorum. Four members of the commission constitutes a quorum for the transaction of business. (Ord. 500 4, 1998: Ord. 165 1 (part), 1976) 2-1509 - Duties of the commission. The commission shall: (a) Plan, and supervise the execution of, a program to educate Lafayette citizens in the protection of their personal property; (b) Encourage existing homeowners' organizations in the respective neighborhoods, and businesses in the commercial area, to support and promote property protection efforts; (c) Encourage, and aid in, the establishment or rejuvenation (1) of homeowners' organizations to participate in property protection programs in their respective neighborhoods; and (2) of business
organizations to do the same in the commercial area; (d) Maintain close liaison with law enforcement authorities, especially those involved in community relations, citizen education and the investigation of thefts and burglaries; (e) By detailed statistical analyses, incident maps and other means, become familiar with the facts about crimes against property in Lafayette; (f) Become familiar with various property protection programs which have worked successfully in other communities, and determine which programs are best suited to Lafayette; (g) Try innovative pilot programs for property protection, even though they may not have been proven elsewhere; (h) Use all reasonable means, including newspapers, radio, television, the schools, civic organizations, cable television, and direct mail to keep the citizens of Lafayette informed of the property protection program in the city; (i) Review city ordinances pertaining to public safety and hazards, and recommend to the city council appropriate changes therein and additions thereto; (j) Observe the methods and results of the Lafayette police services, collect and interpret statistics regarding such services, and make recommendations to the city council regarding the provision of police services, especially as they are related to crime prevention; and (k) Adopt, implement and monitor programs which the commission believes will directly or indirectly have the effect of reducing or preventing crime in the city of Lafayette. Such public safety programs shall include child I.D. programs, Red Ribbon Week participation, Halloween awareness, vandalism prevention programs, and commercial/business crime prevention awareness programs. (Ord. 362 1, 1988; Ord. 234 1, 1980: Ord. 165 1 (part), 1976)
Chapter 2-16 - GENERAL MUNICIPAL ELECTION

Sections:
2-1601 - Date of election.
2-1601 - Date of election. The general municipal election for the city shall be held on the same day as the day of the statewide general election: the first Tuesday after the first Monday in November of each even-numbered year, beginning with the election to be held on the first Tuesday after the first Monday in November 2002. (Ord. 519 1, 2001: Ord. 264 1, 1982)
Chapter 2-17 - VACANCIES ON CITY COUNCIL

Sections:
2-1701 - Filling vacancies on city council. 2-1702 - Authority.
2-1701 - Filling vacancies on city council. Under the authority of Government Code Section 36512(c)(3), a person appointed to fill a vacancy on the city council holds office only until the next regularly scheduled municipal election to be held throughout the city not less than 114 days from the date the council calls the special election. (Ord. 470 3, 1996: Ord. 304 1 (part), 1983) 2-1702 - Authority. This chapter is adopted under the authority of Government Code Section 36512(c)(3). (Ord. 470 4, 1996: Ord. 304 1 (part), 1983)
Title 3 - BUILDING REGULATIONS* Chapter 3-9 - GAS SHUT-OFF DEVICES
Title 3 - BUILDING REGULATIONS*

Chapters:
Chapter 3-1 - PERMIT FEES Chapter 3-3 - CALIFORNIA BUILDING STANDARDS CODES Chapter 3-5 - FIRE SAFETY Chapter 3-7 - GRADING Chapter 3-9 - GAS SHUT-OFF DEVICES
Chapter 3-1 - PERMIT FEES

Sections:
3-101 - Planning department surcharge on building and grading permits.
3-101 - Planning department surcharge on building and grading permits. Pursuant to city council Resolution 2006-038, a fee of 50 percent of the total fee charged by the county building inspection department is established. Hereafter, the percent of surcharge may be revised by the city council as allowed by state law. (Ord. 570 1, 2008: Ord. 375 3, 1989)
Chapter 3-3 - CALIFORNIA BUILDING STANDARDS CODES

Sections:
3-301 - Adoption of provisions of the Ordinance Code of Contra Costa County. 3-302 - References to officials in adopted codes. 3-303 - County Ordinance Code Chapter 72-6General provisions. 3-304 - County Ordinance Code Division 74Building code. 3-305 - County Ordinance Code Division 76Electrical code. 3-306 - County Ordinance Code Division 78Plumbing code. 3-307 - County Ordinance Code Division 710Mechanical code. 3-308 - Violations. 3-309 - Repeals. Lafayette, California, Code of Ordinances Page 1 of 46
3-301 - Adoption of provisions of the Ordinance Code of Contra Costa County. Ordinance No. 2007-54 of the County of Contra Costa is hereby adopted by the City Council of the City of Lafayette. (Ord. 570 3, 2008: Ord. 537 1 (part), 2003) 3-302 - References to officials in adopted codes. In Ordinance 2007-54 of Contra Costa County and each of the California Codes that the ordinance adopts, a reference to "Board of Supervisors" means the city council of the city of Lafayette, and a reference to an office, official title, or other designation means the office, title or designation in the governmental structure of the city, or if there is none, the official or title holder in the city who performs the function or duty referred to. (Ord. 570 4, 2008: Ord. 537 2, 2003) 3-303 - County Ordinance Code Chapter 72-6General provisions. Article 72-6.2 Permits and Fees 72-6.202 Permits. No person, firm, or corporation shall erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish any building or structure regulated by this title, or cause the same to be done, or install or connect any equipment regulated by this title, or perform any work regulated by this title, without first obtaining the necessary permits from the county building official. (Ord. 570 5.) 72-6.204 Fees. (a) Fees shall be paid with the submission of an application for any permit required by this title. No application may be filed and accepted as complete until all required fees have been paid. Any permit issued without the payment of all required fees is invalid and of no force and effect. Permit fees and other fees will be in amounts set forth in fee schedules adopted by the Board of Supervisors. (b) A person who starts any work for which a permit is required under this title without first having obtained a permit shall, if later issued a permit for such work, pay double the permit fee. This provision does not apply to emergency work if the county building official determines that the emergency work was urgently necessary and that it was not practicable to obtain a permit before starting the work. In all such cases, a permit must be obtained as soon as it is practicable to do so, and if there is an unreasonable delay in obtaining the permit, a double fee shall be charged. (Ord. 570 5.) 72-6.206 State license required. (a) No permit shall be issued to a person to do or cause to be done any work regulated by this title except to the holder of a valid, unexpired and unrevoked license in good standing, issued under Chapter 9, Division 3 of the California Business and Professions Code. Permits may be issued to
persons and for work exempt from that statute, and as otherwise provided in this section. (b) Building permits. A building permit may be issued to a person holding a valid, unexpired, unrevoked California general contractor's license. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, a building permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. (c) Electrical permits. (1) An electrical permit may be issued to a person holding a valid, unexpired, unrevoked California electrical contractor's license, or to a person holding a valid, unexpired, unrevoked California general contractor's license where the contractor is working on a permitted job and is performing two or more crafts on the permitted job. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, an electrical permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. (2) Instead of a separate permit for each building, structure, premises, installation or alteration, an annual electrical permit may be issued to any person regularly employing one or more electricians for electrical work in premises owned or occupied by the applicant for the permit. In the first 15 days of each calendar month, the holder of an annual permit shall report to the county building official on all electrical work done under the annual permit during the preceding month. (d) Plumbing permits. A plumbing permit may be issued to a person holding a valid, unexpired, unrevoked California plumbing contractor's license, or to a person holding a valid, unexpired, unrevoked California general contractor's license where the contractor is working on a permitted job and is performing two or more crafts on the permitted job. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, a plumbing permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. (e) Mechanical permits. A permit for the erection, installation, moving alteration, repair or replacement of any heating or cooling equipment may be issued to a person holding a valid California warm air heating, ventilating, and air conditioning contractor's license, or to a person holding a valid, unexpired, unrevoked California general contractor's license where the contractor is working on a permitted job and is performing two or more crafts on the permitted job. If the permit applicant is the owner of the structure occupied by or designed to be occupied by the owner and the owner performs all work under the permit, a mechanical permit may be issued to the owner for work in a one-family dwelling used exclusively for living purposes, including the usual accessory buildings and quarters. (Ord. 570 5.) 72-6.208 Misrepresentations in permit application. No person shall make a false statement or misrepresentation in or in connection with an application for a permit under this title. Any permit issued under this title may be revoked or suspended at any time by the county building official for fraud, misrepresentation or false statement contained in an application for a permit, or for violation of this title in connection with work done under the permit. (Ord. 570 5.)
72-6.210 Permit not approval of violations or determination of ownership. The issuance of a permit or approval of plans and specifications shall not be construed as a permit for an approval of any violation of this title or code or determination that the permittee is the owner of the subject property or otherwise authorized to do the work for which the permit has been issued. No permit presuming to give authority to violate or cancel the provisions of this title shall be valid except insofar as the work or use which it authorizes is lawful. The issuance of a permit based on plans and specifications shall not prevent the county building official from later requiring the correction of errors in the plans and specifications or from preventing building operations being carried on under the permit in violation of this title or other regulation of this county. (Ord. 570 5.) 72-6.212 Expiration of permit. Every permit issued by the county building official becomes void if the building or work authorized is not begun within 180 days from the permit's date, or if it is suspended or abandoned for 180 continuous calendar days without excuse satisfying the county building official as being beyond control and remedy by the permittee. Evidence of starting work shall consist of at least one required inspection within 180 days of the permit issuance date or the date the permit was suspended or the work was abandoned. Once a permit becomes void, a new permit shall be obtained before any work is commenced or recommenced, and a new permit fee shall be paid. Any permittee holding an unexpired permit may apply for a permit extension upon a showing of good and satisfactory reason acceptable to the county building official. If the permittee is unable to commence work within the time required by this section, the county building official may extend the time of the permit for a period not exceeding 180 days upon written request by the permittee. No permit shall be renewed more than once. (Ord. 570 5.) 72-6.214 Refunds. The county building official may authorize the refund of required permit fees as follows: (a) Unused Building Permit. On the voiding of a permit within 60 days after issuance, no work having been done, the holder may be allowed a refund of the amount in excess of 15 dollars but not more than 80 percent of the permit fee paid. On the voiding of a permit during the period between sixty days and one year after issuance, no work having been done, the holder may be allowed a refund of the amount in excess of fifteen dollars or one-half the total amount paid for the permit, whichever is smaller. No refunds of plan check fees for issued permits shall be allowed. Any unused plumbing, electrical, or mechanical permit(s) taken in conjunction with a building permit are governed by the refund procedures in subsection (b) of this section. (b) Unused plumbing, electrical, or mechanical permits. No refund of deposits for these permits (including subpermits issued in conjunction with building permits, and miscellaneous permits) shall be allowed, except that on the voiding of a permit within one year after issuance, no work having been done, the holder may be allowed a refund of the amount in excess of 10 dollars. (Ord. 570 5.) Article 72-6.4 Enforcement 72-6.402 Abatement procedure. Any condition existing in violation of this title is a public nuisance.
The procedure for the abatement of any building or any other condition declared to be a public nuisance in violation of this title is the procedure specified in Chapter 1-9, Administrative Citations and Chapter 8-21, Code Enforcement of this code. As an alternative to this procedure, abatement may be performed pursuant to the procedure specified in Article 6 (Action and Proceedings) of Subchapter 1 (State Housing Law Regulations) of Chapter 1 of Division 1 of Title 25 (Housing and Community Development) of the California Code of Regulations (25 C.C.R., 48 et seq.). That procedure is adopted by this reference as though fully set forth herein. (Ord. 570 5.) 72-6.404 Stop work orders. Whenever any work is being done contrary to this title or any other law or regulation (including, but not limited to, the following: zoning, health, sanitation, grading, fire protection and safety, or flood control) relating to or affecting the work, the county building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing of the work; and these persons shall stop work immediately until authorized by the county building official to proceed with the work. The stop work order will state the reason for the order and the conditions under which the cited work may be permitted to resume. If the work continues after the issuance of a stop work order, each day the work continues is a separate code violation. (Ord. 570 5.) 72-6.406 Entry on premises. (a) Whenever it is necessary to make an inspection to enforce the provisions of this code, or whenever the county building official has cause to believe that there exists in any building or upon any premises any violation of this code or any condition that makes the building or premises unsafe, unsanitary, dangerous or hazardous, the county building official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed upon the county building official by this code. If entry is refused, the county building official has recourse to every remedy provided by law to secure entry. (b) No person shall conceal any work until it is inspected and written approval to proceed is given. No person shall cover electrical work, or allow it to be covered, to prevent or hinder its inspection, or remove any notice not to cover placed by the county building officials. (Ord. 570 5.) 72-6.408 Correction notice. If the county building official finds any work as out of compliance with this division, the building official will give written notice to the person engaged in the work. Within 10 days after this notice, or within any reasonable further time that the county building official may prescribe, the person doing the work shall change or remove the work or equipment as the county building official may require to make it comply fully with this division. (Ord. 570 5.) 72-6.410 Withhold permit. The county building official may, in his or her sound discretion, withhold the issuance or reinstatement of a permit under this Title 7 for any structure on a parcel of land concerning either or both of which there exists any violation of law or regulation (including but not limited to the following: building, grading, zoning, fire protection and safety, health, sanitation, or flood control) relating to or affecting that permit. In determining whether a permit shall be issued, the county building official will also consider whether the existing violation constitutes an unlawful occupancy or a hazard to
life or property. The county building official may require correction of a violation before issuing a permit, or as a condition of issuance within a stated period of time including any extensions granted for good cause shown. Failure to comply with such condition is a ground for revocation as provided by law. (Ord. 570 5.) 72-6.412 Disconnection of utility service. (a) The county building official may shut off or disconnect any or all utility service to any structure or facility or to any electrical conductor or apparatus that is in violation of any state or county law or regulation relating thereto or that endangers the public health, safety or welfare, or the county building official may order this done. (b) If the county building official finds that the violation involves an immediate danger to person(s) or properties or to the public health, safety or welfare, the county building official may have the action taken as quickly as he or she deems necessitated by the danger; otherwise the county building official will give 10 days advance notice thereof by mail to the utility and to the owner as shown on the last assessment roll and by conspicuous posting on the property; and the county building official will post notice of the orders and the action taken, which no person shall remove, tamper with or disobey. The county building official will rescind or modify such action which it becomes proper to do so in view of the danger or violation. (Ord. 570 5.) 72-6.414 Power companies to notify county building official. (a) Notice. Whenever in, on or about any building any person engaged in the distribution or sale of electrical energy or natural gas sets, resets, installs or reinstalls any meter for the measurement of electrical energy or natural gas, or connects or reconnects to, or supplies or services any installation of electrical equipment or natural gas, or change the nominal voltage of electrical supply or service to any installation of electrical equipment, or changes any electrical supply or service from two-wire to three-wire or vice versa, or from single-phase to polyphase or vice versa, or from direct current to alternating current or vice versa, that person shall within 2 days thereafter, exclusive of Sundays and holidays, give written notice thereof to the county building official specifying the location and address of the installation affected. (b) Thirty-Day Exception. This notice need not be given for work expressly approved by the county building official within 30 days after inspection approval. (c) Authorization Required. No person engaged in the distribution or sale of electrical energy shall connect a distribution system, including windpower generators, or any live supply or service conductor(s) therefrom, to any electrical equipment in, on or about any building or cause or allow any energizing of such connections, including windpower or emergency/stand by electrical generation until the county building official inspects the electrical equipment and authorizes such connections. No gas utility provider engaged in the distribution or sale of natural gas shall connect a distribution system to any natural gas equipment in, on or about any building until the county building official inspects the natural gas installation and authorizes such connections. (d) Permit required. A permit shall be obtained from the county building official to restore electrical or gas service to any structure that has been without such service for 90 days or more. The county building official will notify the servicing utility that the electrical service equipment and associated wiring
has been inspected and approved before electrical or gas service may be reinstated. (e) Waiver. The county building official may, at his or her discretion, temporarily or permanently waive any or all requirements of this article by giving written notice of such waiver to all persons involved. The county building official may likewise at any time revoke such waiver by similar notice. (Ord. 570 5.) 72-6.416 Enforcement of state law. By authority of Section 18300 of the Health and Safety Code, the county assumes the responsibility for enforcement of Part 2.1 of Division 13 of the Health and Safety Code relating to mobilehomes and mobilehome parks, including regulations adopted thereunder and contained in Chapter 2 (Mobilehome Parks Act) of Division 1 of Title 25 of the California Code of Regulations (25 C.C.R. 1000 et seq.) and to the extent allowed by such laws and regulations, may enforce by the remedies allowed under Division 14 of this code. (Ord. 570 5.) Article 72-6.6 Other Provisions 72-6.604 General safety. All work shall be performed, and all equipment shall be constructed, installed, protected, operated, repaired, used and maintained, in accordance with the requirements of this division and in such manner as to be reasonably safe and free from risk of accident or injury to person or property. No person shall act contrary to this general regulation or neglect to act as required hereby. (Ord. 570 5.) 72-6.606 Liability of county. This title shall not be construed to impose on the county any liability or responsibility for damage resulting from defective building, plumbing, mechanical or electrical work; nor shall the county, or any official or employee of the county, be held to assume this liability or responsibility because of the inspection authorized under this title. The issuance of a building permit under this title shall not be construed as a determination by the county that the permittee has legally sufficient proprietary rights to perform the work on the property for which the permit has been issued nor shall it be construed as permission or license to enter on, occupy or otherwise utilize private or noncounty property without the express consent of the owner or agent in possession thereof. (Ord. 570 5.) (Ord. 570 5 (part), 2008: Ord. 537 1 (part), 2003) 3-304 - County Ordinance Code Division 74Building code. Chapter 74-2 ADOPTION 74-2.002 Adoption. (a) The building code of this county is the 2007 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2 [based on the 2006 International Building Code]),
including Appendix Chapter 1, Appendix C, Appendix F, and Appendix I, as amended by the changes, additions, and deletions set forth in this ordinance. (b) The 2007 California Building Code, with the changes, additions, and deletions set forth in this chapter and Division 72, is adopted by this reference as though fully set forth in this ordinance. (c) At least one copy of this building code is now on file with the building inspection department, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of this ordinance, the provisions of the building code are controlling and enforceable within the county. (Ord. 570 6.) Chapter 74-4 MODIFICATIONS 74-4.002 Amendments. The 2007 California Building Code ("CBC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2007 California Building Code. (a) Section 501.2 of CBC Chapter 5 (General Building Heights and Areas) is amended to read: 501.2 Address numbers. Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property. In addition, every new residential dwelling unit building shall be equipped with a lighted (illuminated) house number or address plainly visible and legible from the street or road fronting the property. As appropriate, the planning agency or county building official may grant exceptions to the illumination requirements when satisfied that the application of its requirements would impose an unreasonable hardship and expense for the owner and/or applicant due to special circumstances applicable to the involved new building(s) because of location, topography, or surroundings. (b) Section 903.1 of CBC Chapter 9 (Fire Protection Systems) is amended to read: Section 903.1 Automatic Sprinkler SystemsGeneral. For new buildings an automatic sprinkler system shall be installed: 1. In all buildings when the total floor area, including mezzanines, exceeds 10,000 square feet. 2. In all buildings separated by one or more fire walls when the total floor area, including mezzanines, exceeds 20,000 square feet. Exceptions to 1 and 2: A. Agricultural buildings. B. Group S Division 2 open parking garage buildings containing no other occupancies and where exterior walls containing openings are located not less than 20 feet from an adjacent property line or center street line or public space.
C. When determining a building's total floor area, the floor area of mechanical rooms of not more than 50 square feet and separated from the remainder of the building by not less than a 1 hour fire resistive occupancy separation need not be considered. D. Nothing in this code prevents the application of more restrictive automatic fire sprinkler system requirements in those fire protection districts which have more restrictive requirements. For purposes of this section, "new building" includes a building which replaces a preexisting building which has been substantially destroyed. The county building official shall determine whether a building has been substantially destroyed. (c) Section 907.2.10.5.4 is added to Section 907.2.10.5 (Group R-3 Occupancies) of CBC Chapter 9 (Fire Protection Systems), to read: 907.2.10.5.4 In existing flat roof buildings, the installation of a smoke detector that complies with Sections 907.2.10 shall be required when a pitch roof is added on top of the existing flat roof and the solid seating of the flat roof is not removed. (d) Section 1406.5 is added to Section 1406 (Combustible Materials on the Exterior Side of Exterior Walls) of CBC Chapter 14 (Exterior Walls), to read: 1406.5 Wood shakes or shingles. Wood shakes or shingles uses for exterior wall covering shall be fire treated unless there is a minimum of 10 feet from the exterior wall (including shakes or shingles) to the property line of all sides, except for any sides of exterior walls facing the street. (e) Section 1614A.1.7 ASCE 7, Section 12.8.1.1 of CBC Chapter 1614A (Modifications to ASCE 7) is amended to read: Section 1614A.1.7 ASCE 7, Section 12.8.1.1. Modify ASCE 7 Section 12.8.1.1 by amending Equation 12.8-5 as follows:
IMAGE NOT FOUND:\file1.municode.com6435614A.jpg (f) Section 1614A.1.32 ASCE 7, Section 12.12.3 is added to Section 1614A (Modifications to ASCE 7) of CBC Chapter 1614A (Structural Design), to read: Section 1614A.1.32 ASCE 7, Section 12.12.3. Replace ASCE 7 Section 12.12.3 as follows: 12.12.3 Minimum Building Separation. All structures shall be separated from adjoining structures. Separations shall allow for the maximum inelastic response displacement (M). M shall be determined at critical locations with consideration for both translational and torsional displacements of the structure as follows:
IMAGE NOT FOUND:\file1.municode.com64352-12-3.jpg where max is the calculated maximum displacement at Level x as defined in ASCE 7 Section 12.8.4.3, and Cd is the deflection amplification factor as defined in ASCE 7 Section 12.8.6.
Adjacent buildings on the same property shall be separated by at least a distance MT where
IMAGE NOT FOUND:\file1.municode.com64352-12B.jpg and M1 and M2 are the maximum inelastic response displacements of the adjacent buildings. Where a structure adjoins a property line not common to a public way, the structure shall also be set back from the property line by at least the displacement, M, of that structure. Exception: Smaller separations or property line setbacks shall be permitted when justified by rational analysis. (g) Section 1805.4.2.3 (Plain Concrete Footings) of CBC Chapter 18 (Soils and Foundations) is deleted. (h) Section 1812.4 (Reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting the exception. (i) Section 1908.1 of CBC Chapter 19 (Concrete) is amended to read: 1908.1 General. The text of ACI 318 shall be modified as indicated in Sections 1908.1.1 through 1908.1.17. (j) Section 1908.1.17 is added to Section 1908 (Modifications to ACI 318) of CBC Chapter 19 (Concrete), to read: 1908.1.17 ACI 318, Section 14.8. Modify ACI 318 Section 14.8.3 and Section 14.8.4, replacing equations (14-7), (14-8) and (14-9) as follows: 1. Modify equation 14-7 of ACI 318, Section 14.8.3 as follows: Icr shall be calculated by Equation (14-7), and Ma shall be obtained by iteration of deflections.
IMAGE NOT FOUND:\file1.municode.com6435908A.jpg
IMAGE NOT FOUND:\file1.municode.com6435484.jpg
IMAGE NOT FOUND:\file1.municode.com64354-8-4C.jpg
IMAGE NOT FOUND:\file1.municode.com6435484B.jpg
IMAGE NOT FOUND:\file1.municode.com64354-8-4E.jpg

Where:
IMAGE NOT FOUND:\file1.municode.com64354-8-4F.jpg ;l; (k) Section 1909 (Structural Plain Concrete) of CBC Chapter 19 (Concrete) is deleted. (l) Section 1910.1 of CBC Chapter 19 (Concrete) is amended to read: 1910.1 Minimum Slab ProvisionsGeneral. Slabs shall have six inches by six inches by ten gauge wire mesh or equal at this midheight. (m) CBC Appendix Chapter 1 is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103, 108, 111, 112, 113, 114, and 115 of CBC Appendix Chapter 1 are deleted. (2) Section 105.2 (Work Exempt from Permit) of CBC Appendix Chapter 1 is amended to provide that a building permit is not required for the following work: Retaining walls that are not more than three feet in height, measured from the top of the footing to the top of the wall, unless supporting a surcharge or ground slope exceeding 1:2 or impounding class I, II, or III-a liquids. All other work listed in Section 105.2 of CBC Appendix Chapter 1 is also exempt from a permit. (3) Section 106.1 (Submittal Documents) of CBC Appendix Chapter 1 is amended by deleting the exception. (4) Section 106.1.1 (Information on Construction Documents) of CBC Appendix Chapter 1 is amended to read: 106.1.1. Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be sufficient clarity to indicate the location, nature and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the house and street address of the work and the name and address of the owner and of the person who prepared the plans. Plans shall include a plot plan showing the location of the lot corners as established on the ground, the elevation of the top and toe of cuts and fills, and the location of the proposed building and of every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. Sections 106.1.1.1, 106.2, and 106.3 are not amended and remain in effect. (5) Section 109.1 (Inspections General) is amended by adding the following to the end of the section: At the time of first inspection by the county building official, property corners (including angle points) shall be identified with monuments in accordance with the legal
description furnished with the application to build, sufficient to locate the proposed structure in relation to the lot lines, except that this requirement shall not apply to minor alterations or repairs to existing structures not affecting the exterior limits thereof, and construction of accessory buildings or structures of a building permit value of less than $500. The plot plan required by Section 106.1.1 shall indicate the locations and identification of all property corner monuments. Property corner monuments shall consist of one of the following: (A) Redwood hub not less than two inches square and twelve inches long; (B) Galvanized iron pipe not less than one inch in diameter and thirty inches long filled with concrete; or (C) Other material of sufficient durability, placed as not to be readily disturbed, acceptable to the county building official. Monuments shall be driven flush with the ground and tagged as required by the Land Surveyor Act (Business and Professions Code Section 8772). (Ord. 570 6 (part), 2008: Ord. 554 3 (part), 2006; Ord. 537 1 (part), 2003) 3-305 - County Ordinance Code Division 76Electrical code. Chapter 76-2 ADOPTION 76-2.002 Adoption. (a) The electrical code of this county is the 2007 California Electrical Code (California Code of Regulations, Title 24, Part 3 [based on the 2005 National Electrical Code]), as amended by the changes, additions, and deletions set forth in this ordinance. (b) The 2007 California Electrical Code, with the changes, additions, and deletions set forth in this division and Division 72, is adopted by this reference as though fully set forth in this ordinance. (c) At least one copy of this electrical code is now on file with the building inspection department, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of this ordinance, the provisions of the electrical code are controlling and enforceable within the county. (Ord. 570 7.) Chapter 76-4 MODIFICATIONS Article 76-4.2 Amendments 76-4.202 General. The 2007 California Electrical Code is amended by the changes, additions, and
deletions set forth in this chapter and Division 72. (Ord. 570 7.) 76-4.204 Amendments. The following sections of the 2007 California Electrical Code ("CEC") are amended. Section numbers used below are those of the 2007 California Electrical Code. (a) Section 210.19 of CEC Article 210 (Branch Circuits) is amended by deleting the fourth FPN, and the following is added after the last sentence of Section 210-19(A)(1) to read: Conductors for branch circuits as defined in Article 100 shall be sized to prevent a voltage drop exceeding 3 percent at the farthest outlet of power, heating and lighting loads, or combinations of such loads, and the maximum total voltage drop on both feeders and branch circuits to the farthest outlet shall not exceed 5 percent. (b) Section 210-70 of CEC Article 210 (Branch Circuits) is amended by adding the following after the last sentence of Section 210-70(A)(2) to read: Approved numbers or addresses as required by Section 501.2 of CBC Chapter 5 (as amended) shall be illuminated for new residential occupancies. (c) Section 210-70 of CEC Article 210 (Branch Circuits) is amended by adding the following after the last sentence of Section 210-70(C) to read: Industrial and Commercial Occupancies. Outdoor lighting outlets for illumination shall be installed at entrances and exits to buildings intended for industrial or commercial occupancies. (Ord. 570 7.) Article 76-4.4 General Requirements 76-4.1002 Authorization. The county building official is authorized to inspect all electrical equipment and work, including electrical equipment and work that is listed in CEC Section 90-2(B)(4) and CEC Section 90-2(B)(5) but is otherwise not covered by the CEC. When the county building official finds any electrical equipment to be dangerous or unsafe, the building official will so notify the person owning, using or operating it, who shall make the repairs or changes required to make the equipment safe, and complete this work within ten (10) days after notice or such further time as the county building official may set. Any electrical system deemed an immediate, imminent hazard to life and property shall be de-energized immediately by the owner, his representative or the county building official. (Ord. 570 7.) 76-4.404 Approved equipment. (a) When obtainable, electrical equipment that an approved testing laboratory has examined, listed or labeled as conforming to applicable standards shall be used in preference to others. (b) Listing or labeling conforming to the Standards of the Underwriters' Laboratories, Ind., the United States Bureau of Standards, the United States Bureau of Mines, or other similar institutions of recognized standing shall be prima facie evidence of conformity with the requirements of this section.
The maker's name, trademark, or other identification symbol shall be placed on all electrical equipment used or installed under this division. (c) Old or used electrical equipment shall not be used in any work under this division without the specific approval of the county building official. (Ord. 570 7.) 76-4.406 Moved buildings. Electrical systems that are part of buildings or structures moved into this jurisdiction shall comply with the provisions of this code for new buildings. (Ord. 570 7.) 76-4.408 Application of Chapters 2, 3, and 5, Division 1, Title 25, C.C.R. Electrical work in mobilehome parks and campgrounds shall comply with Chapters 2, 3, and 5 of Division 1 of Title 25 of the California Code of Regulations. (Ord. 570 7.) Article 76-4.6 Connections to Installations 76-4.602 County building official's approval required. No person shall connect a source of electrical energy, or supply electric service, to any electrical equipment for the installation of which a permit is required without first obtaining the county building official's written authorization. (Ord. 570 7.) 76-4.604 Unlawful reconnections. No person shall connect a source of electrical energy, or supply electric service, to any electrical equipment which the county building official has disconnected or ordered disconnected until the building official authorizes in writing its reconnection and use. The county building official will notify the serving utility of the order to discontinue use. (Ord. 570 7.) 76-4.606 Unlawful wiring, electric fences, warning. (a) Prohibition. Except as hereinafter provided, no person shall construct or maintain any spring gun, or any electric wiring device, designated or intended to injure and/or shock animals or persons, or any contribance or apparatus for such purpose. (b) Livestock Exception. Persons principally engaged in the business of handling livestock as a primary means of production or income may electrify fences to control or confine livestock upon complying with all the following requirements: (1) Any contrivance or mechanism to control electrical current in such fences shall be listed by an approved testing laboratory, and shall include a suitable interrupting device and such other safety devices to prevent dangerous currents getting on the fence at any time. (2) Any electrical fence to which the public may have access, except cross fences to confine and control livestock, shall be posted with a warning notice containing the following or similar wording: "DANGER. ELECTRIC FENCE," or "DANGER. HIGH VOLTAGE." This notice shall be posted
along any such main fence at intervals of not more than 200 feet and in letters at least two inches high. (Ord. 570 7.) 76-4.608 Power from generators. (a) All occupancies that have commercially supplied electricity shall connect to the commercial supplier. (b) Any occupancy that has commercially supplied electricity shall not use a permanent or temporary generator(s), provided that a generator(s) may be used for commercial purposes when authorized by the county building official. (Ord. 570 7.) 76-4.610 Boat docks. Whether open or roofed, lighting shall be provided to insure sufficient protective lighting at least two foot candles at all points for pedestrians on the docks, within covered berths, and on all walkways or ramps to shore and to the nearest access road within or adjacent to the harbor property. (Ord. 570 7.) 76-4.612 Public nuisance lighting. Lighting fixtures shall be so installed, controlled or directed that the light will not glare or be blinding to pedestrians or vehicular traffic or on adjoining property. (Ord. 570 7.) 76-4.614 Time of service. (a) On alteration jobs requiring a change of service, the service shall be changed and inspected at the frame or rough wiring state. (b) On swimming pool jobs requiring a change of service, the service shall be changed and completed prior to the approval for pouring or cementing of the pool or steel inspection of the pool cavity. (Ord. 570 7.) (Ord. 570 7 (part), 2008: Ord. 537 1 (part), 2003) 3-306 - County Ordinance Code Division 78Plumbing code. Chapter 78-2 ADOPTION 78-2.002 Adoption. (a) The plumbing code of this county is the 2007 California Plumbing Code (California Code of Regulations, Title 24, Part 5 [based on the 2006 Uniform Plumbing Code]), as amended by the changes, additions, and deletions set forth in this ordinance. (b) The 2007 California Plumbing Code, with the changes, additions, and deletions set forth in this division and Division 72, is adopted by this reference as though fully set forth in this ordinance.
(c) At least one copy of this plumbing code is now on file with the building inspection department, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of this ordinance, the provisions of the plumbing code are controlling and enforceable within the county. (Ord. 570 8.) Chapter 78-4 MODIFICATIONS Article 76-8.2 Amendments 76-8.202 General. The 2007 California Plumbing Code is amended by the changes, additions, and deletions set forth in this chapter and Division 72. (Ord. 570 8.) 76-8.204 Amendments. The following sections of the 2007 California Plumbing Code ("CPC") are amended. Section numbers used below are those of the 2007 California Plumbing Code. (a) Section 320 is added to CPC Chapter 3 (General Regulations) to read: 320 Inspection. Bathtubs shall be set, shower pans installed, floor flanges for water closets installed, backing installed, and all water piping strapped and backed before the framing inspection. (Ord. 570 8.) (b) Section 1211.2.1 of CPC Chapter 12 (Fuel Piping) is amended by adding the following after the last sentence of Section 1211.2.1 to read: Low pressure gas pipe installed above grade and exposed to the elements is to be galvanized iron pipe. (Ord. 570 8.) (Ord. 570 8 (part), 2008: Ord. 537 1 (part), 2003) 3-307 - County Ordinance Code Division 710Mechanical code. Chapter 710-2 ADOPTION 710-2.002 Adoption. (a) The mechanical code of this county is the 2007 California Plumbing Code (California Code of Regulations, Title 24, Part 4 [based on the 2006 Uniform Mechanical Code]), as amended by the changes, additions, and deletions set forth in this ordinance. (b) The 2007 California Mechanical Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this ordinance.
(c) At least one copy of this mechanical code is now on file with the building inspection department, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of this ordinance, the provisions of the plumbing code are controlling and enforceable within the county. (Ord. 570 9.) (Ord. 570 9, 2008: Ord. 537 3, 2003) 3-308 - Violations. (a) It is unlawful for a person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, or demolish equipment, use, or occupy or maintain a building or structure in violation of a provision of Ordinance 2002-31 and the California Codes adopted by reference by this chapter. (b) A violation of subsection (a) is an infraction punishable by a fine of $100 for a first violation, $200 for a second violation within one year and $500 for each additional violation within one year. Hereafter, fines may be revised as allowed by state law. (c) In place of the penalty provided in subsection (b), a violation is punishable by an administrative fine in the amount of $100 for a first violation, $200 for a second violation within a 36-month period, and $500 for each additional violation within one year. Hereafter, fines may be revised as allowed by state law. (d) Each day during which an offense exists is a separate offense.
(Ord. 570 10, 2008: Ord. 537 4, 2003) 3-309 - Repeals. Ordinance No. 537 and all ordinances adopting a previous edition of the Uniform Codes or California Codes that are adopted by the ordinance codified in this chapter are superceded and repealed. (Ord. 570 11, 2008)
Chapter 3-5 - FIRE SAFETY

Sections:
3-501 - General. 3-502 - Legislative findings and declaration. 3-503 - Definitions. 3-504 - Site design criteria (distance between dwellings). 3-505 - Building and landscaping criteria (materials, landscaping, access and automatic fire extinguishing systems). 3-506 - Automatic fire extinguishing systems. 3-507 - Exceptions. 3-508 - Appeal.
3-501 - General. (a) This chapter regulates the use of construction materials and requires the installation of specific fire safety features in new construction in the city. Except as set forth in Sections 3-501(b), 3-505(a), and 3-507, this chapter does not apply to existing structures. (b) This chapter does not require that an existing building be retrofitted to meet its requirements unless: (1) An exception otherwise granted by this chapter is exceeded; or
(2) An addition or demolition and replacement, exceeds 50 percent of the floor area of an existing building; or except as noted in Section 3-506(a); (3) 50 percent or more of the building is destroyed by fire, earthquake, or other natural or man-made disaster. (c) This chapter implements the safety element of the city's general plan to: (1) Comply with the general plan standards for response time due to the substandard street layout and design in the city; (2) Coordinate the review of development applications between the city and the fire district; and
(3) Regulate the design of building, siting and vegetation management to enhance maximum fire prevention and protection. (d) To the extent that a provision of this chapter conflicts with a provision of the 1991 Uniform Building Code, or any sections of the Contra Costa County Code which have adopted the above code by reference and which have been adopted by reference into this code, this chapter shall prevail. This chapter regulates building construction in the city due to the characteristics of the city's climate, topography and geology which necessitate variations from the 1991 Uniform Building Code. (Ord. 418 1 (part), 1993) 3-502 - Legislative findings and declaration. (a) The city council finds that amendments to the Uniform Building Code (UBC) are necessary due to the climatic, geologic and topographical conditions (the "conditions") which exist in the city. These conditions establish a fire hazard within the community which requires specific amendments to the UBC. (1) The city is located in the rolling hills of central Contra Costa County. The city experiences the hot, dry summer weather that is characteristic of central Contra Costa County but receives the increased rainfall of the East Bay hills. This climate has promoted the rapid growth of native grass lands, chaparral, trees and other flammable plant species in the area. The climate has encouraged the development of the city, with the addition of primarily residential uses within the community and the addition of non-indigenous plant species. Due to its location near the East Bay hills and in a valley, the city often experiences air movements which are not common to other communities. (2) Incrementally and over time Lafayette has been transformed from a small centralized
agrarian community to one characterized by scattered residential development interspersed with large areas of steeper hills. These areas within the urban/wildland interface contain large quantities of potential fuel, including grass, brush and trees. The majority of the roads penetrating the hill areas are narrow and curving and frequently end in cul-de-sacs, which limits fire equipment access and increases response time. (3) The topographic and geologic conditions in the city have not permitted the establishment of an infrastructure which permits adequate fire protection to be provided when new development occurs. It is difficult to widen existing streets or to create interconnections with other streets to meet present response time standards. Fire hydrants, especially in the hillside areas, often have less than optimum water pressure levels. The terrain often causes response times for the fire department to exceed minimum standards and makes the physical fighting of a fire more difficult. (4) The October, 1991 fire storm which occurred in the Oakland/Berkeley hills was an indication of the potential for a similar fire which could occur in the city. Many of the same conditions which contributed to the loss of the property and life in that fire exist in the city. In addition, unlike the situation in Oakland/Berkeley, there is a significant amount of ungrazed open space on the surrounding undeveloped hillsides. Either wildfires or house fires could initiate such a firestorm in the city. (b) The city council finds, pursuant to Health and Safety Code Sections 17958.5 and 17958.7, that the climatic topographic and geologic conditions existing in the city require changes and modifications in the codes which are more stringent than the State Fire Marshal's Standards for fire and public safety. (Ord. 418 1 (part), 1993) 3-503 - Definitions. As used in this chapter: (a) "Fire district" means the Contra Costa Fire Protection District or authorized fire protection agency for Lafayette. (b) "Floor area" means the total horizontal area in square feet of each floor within the exterior walls of all buildings on a parcel, as measured from the outer surface of the exterior walls. Total floor area includes attached and detached primary and accessory buildings, garages, carport roof coverage, and floor space which is capable of being developed as habitable area. (c) "Hillside lot" means a lot or parcel with an average slope of 20 percent or greater.
(Ord. 418 1 (part), 1993) 3-504 - Site design criteria (distance between dwellings). To minimize the risk of the spread of fire, the separation between dwellings on hillside lots shall be a minimum of 30 feet. Exceptions to this requirement may be granted as provided in Section 3-507. (Ord. 418 1 (part), 1993)
3-505 - Building and landscaping criteria (materials, landscaping, access and automatic fire extinguishing systems). (a) Roof Covering Requirements. All roof covering on new construction shall have a minimum Class "A" roofing assembly rating (based on U.L. 790 Test Standard), except that for additions to an existing structure of less than 25 percent of the existing roof area, the roofing assembly may be Class B. Replacement roofing shall have a minimum Class "B" roofing assembly rating, except for repair to an existing roof less than 25 percent of the total roof area. (b) Wood Shingles and Shakes. Wood shingles and shakes may be permitted on exterior wall surfaces provided they are fire retardant treated according to Uniform Building Code (UBC) Standard 32-7. (c) Architectural Appendages. On hillside lots, wherever an exterior overhang, deck, carport, eave, cornice and similar architectural appendage extending beyond the exterior wall poses a potential fire hazard, the fire district may require that it be constructed with materials equivalent to one-hour fire resistive construction or heavy timber construction described in the UBC depending on the particular condition of the affected area. (d) Ventilation. On hillside lots, where an eave extends more than five inches from a wall, an eave vent shall not be located within 18 inches of the wall and roof intersection. (A gable or roof vent is preferred.) Every ventilation opening (attic and foundation) shall be covered with a maximum one-fourth-inch mesh metal screen. Every screen and vent shall be made of nonflammable, corrosion resistant material. (e) Landscaping. Landscaping should be planned to minimize fire hazards. Where subject to design review, review of the landscape plan for fire hazard will be administered according to the specific site characteristics and with consideration of the other requirements of the plan. Goals of the plan should be to: (1) Eliminate as much as possible the use of the highly flammable plants. (As listed in the EBMUD publication Firescape, pages 12-13 (dated January 1993).) (2) (3) (4) (5) Space plants so as not to create fireladders. Create low-fuel fire breaks where appropriate. Incorporate fire-resistant plants where appropriate. Require removal of flammable weeds and debris within 30 feet of the house.
(f) Structure Access. A walkway, path, stair, or other approved access shall be provided from the street to the rear of the building to provide for fire district emergency access. (Ord. 463 1, 1996; Ord. 418 1 (part), 1993) 3-506 - Automatic fire extinguishing systems. (a) An automatic fire extinguishing system shall be provided for new residential construction (Group R).
EXCEPTIONS: (1) When exempted by Section 3-501(b); or
(2) Automatic fire extinguishing systems are not required where all of the following criteria are satisfied: (A) The total floor area is less than 5,000 square feet gross area; (B) The public water supply meets Uniform Fire Code; (C) The access road is not less than 20 feet in unobstructed width, or 16 feet in width if it serves two or less dwellings, a maximum grade of 20 percent, and extending to within 150 feet of any portion of an exterior wall; and (D) A maximum response distance of 1.5 miles from a fire station as shown on maps maintained by the Contra Costa Fire District. However, if the proposed structure is located beyond a response distance of 1.5 miles from a fire station and is within an existing developed area of unsprinklered residences, as shown on a map to be maintained by the fire district and building inspection department, the applicant for exception need only comply with criteria (A) through (C). (b) Installation Standards. Where this section requires an automatic fire extinguishing system, it shall comply with the requirements of the Uniform Building Code Standards 38-1, 38-2 and in accordance with the Uniform Fire Code. (Ord. 418 1 (part), 1993) 3-507 - Exceptions. (a) A person seeking an exception to the requirements of this chapter shall file an application with the planning department, together with payment of the applicable fee. The applicant shall submit with the application all information justifying the exception. Notice will be sent to all property owners within 300 feet of the subject property. (b) Once the application is deemed complete, the planning director shall submit the application and any accompanying documents/plans to other affected departments for comment. (c) An exception request which is not a part of any other application for a land use approval shall be reviewed by the planning director. The planning director shall consult with the director of building inspection and the fire district in making the determination whether to approve or deny the request. An exception request which is part of an application for a land use approval shall be reviewed by the design review commission or the planning commission as part of the application requiring their approval. (d) Exceptions to this chapter may be granted, if a hardship is created because compliance is impractical or infeasible. If a hardship is found, an exception may be granted if substantial evidence shows that any of the following exists: (1) The affected building is located in reasonable proximity to fire suppression services to enable an adequate response to a fire emergency at the building and there is sufficient water pressure and volume in the area to provide adequate fire suppression capabilities; or
(2) The design of the building provides reasonable fire suppression capabilities in the area in which it is located; or (3) The building materials used in the existing building, as well as those of the new construction, are sufficiently fire resistant considering the area in which it is located. (Ord. 418 1 (part), 1993) 3-508 - Appeal. (a) The applicant or a member of the public may appeal the decision of the planning director or the design review commission. The appeal must be in writing and it must be filed within 14 days of the decision being appealed together with payment of the applicable fee. (b) An appeal of the planning director's decision regarding an exception from the requirements of this chapter shall be heard by the design review commission. (c) An appeal of the design review commission's decision which includes a determination regarding a development plan and an exception from the requirements of this chapter shall be heard by the planning commission. (d) An appeal of the design review commission's decision regarding an exception from the requirements of this chapter or of a planning commission decision shall be heard by the city council. (Ord. 418 1 (part), 1993)
Chapter 3-7 - GRADING

Sections:
3-701 - County Ordinance Code section 716-4.202. 3-702 - County Ordinance Code section 716-4.204. 3-703 - County Ordinance Code section 716-4.402. 3-704 - County Ordinance Code section 716-4.414. 3-705 - County Ordinance Code section 716-4.604. 3-706 - County Ordinance Code section 716-4.1002. 3-707 - County Ordinance Code Division 716. 3-708 - County Ordinance Code section 716-4.1416(b). 716-2.1002 - Nuisance abatement. 716-2.202 - Title. 716-2.402 - Definitions generally. 716-2.204 - Scope. 716-2.404 - Approved soil testing agency. 716-2.406 - Bedrock. 716-2.408 - Building official. 716-2.410 - Building pad. 716-2.412 - Civil engineer. 716-2.414 - Compaction. 716-2.416 - County specifications.
716-2.602 - Prohibited actionWork without permit. 716-2.604 - Prohibited actionGrading. 716-2.606 - Prohibited actionWater obstruction. 716-2.608 - Prohibited actionLevee work. 716-2.610 - Prohibited actionConstruction in public rights-of-way.* 716-2.802 - AdministrationAuthority.* 716-2.804 - AdministrationInterpretation. 716-4.402 - ApplicationsWritten. 716-4.404 - ApplicationsSite description. 716-4.406 - ApplicationsName and address of person involved. 716-4.408 - ApplicationsPlans and specifications. 716-4.410 - ApplicationsEstimated cost. 716-4.412 - ApplicationsSignature of applicant. 716-4.414 - ApplicationsOther information. 716-4.602 - Plans and specificationsRequired. 716-4.604 - Plans and specificationsContents. 716-4.606 - Plans and specificationsRequirements. 716-4.608 - Plans and specificationsStatements required. 716-4.802 - ReportsEngineering geological. 716-4.804 - ReportsSoil. 716-4.806 - ReportsReview. 716-6.002 - County inspection. 716-6.004 - Supervised or regular development work defined. 716-6.006 - Regular development requirements. 716-6.008 - Supervised development requirements. 716-6.010 - Notification of noncompliance. 716-6.012 - Termination of services. 716-6.014 - Safety precautions. 716-6.016 - Cessation of work. 716-6.018 - Completion of work. 716-8.202 - ExcavationsMaximum slope. 716-8.204 - ExcavationsDrainage terraces. 716-8.206 - ExcavationsConformance to existing terrain. 716-8.208 - ExcavationsVariations. 716-8.402 - FillsCompaction. 716-8.404 - FillsSpecial compaction. 716-8.406 - FillsNonstructural. 716-8.408 - FillsPlanted slopes. 716-8.410 - FillsPreparation of ground. 716-8.412 - FillsSlope. 716-8.414 - FillsMaterial. 716-8.416 - FillsDrainage terraces. 716-8.418 - FillsSlopes to receive fill. 716-8.420 - FillsConformance to existing terrain. 716-8.422 - FillsSlope location and setbacks. 716-8.424 - FillsVariations. 716-8.602 - DrainageGeneral.* 716-8.604 - DrainageDisposal. 716-8.606 - DrainageSite drainage. 716-8.608 - DrainageTerrace. 716-8.610 - DrainageOverflow protection. 716-8.612 - DrainageMaintenance. 716-8.614 - DrainageVariations. 716-8.802 - Erosion control plantingCut slopes. 716-8.804 - Erosion control plantingApproval. 716-8.806 - Erosion control plantingVariations. 716-8.1002 - Work during rainfall months.
716-8.1004 - Work hours. 716-8.1006 - Encroachments on rights-of-way. 716-8.1008 - Nuisances. 716-8.1010 - Explosives. 716-8.1012 - Responsibility of permittee. 716-8.1014 - Reports requiredFinal approval. 716-8.1016 - Evaluation of existing fill. 716-8.1018 - Site evaluation and investigation.
3-701 - County Ordinance Code section 716-4.202. Section 716-4.202 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 is amended to read as follows: 716-4.202 RequiredGenerally (a) No person may grade as that term is defined in section 716-2.426 without a valid permit unless excepted as provided in section 716-4.204. (b) A grading permit is required for each subdivision as defined by the City's subdivision regulations and every project for which the City requires a grading permit as a condition of approval, notwithstanding the exceptions set forth in section 716-4.204. The community development department shall review the permit for compliance with the City's subdivision regulations. (c) A separate grading permit is required for work on each site. However, if the grading permit covers contiguous sites and the entire area is included in the grading plans accompanying the application for a permit, one permit may cover all the sites. (d) An application for a grading permit involving 50 or more cubic yards must be accompanied by an application for a "project for development." A "project for development" means construction, reconstruction or alteration of the size of a residence or other structure, drainage improvement, slide repair, landscaping, the construction of a swimming pool or retaining wall and any other change in the density or intensity of the use of land. 1. The zoning administrator acts on each application for a permit that involves between 50 and 200 cubic yards and may (i) approve the permit with or without conditions, (ii) schedule and hold a public hearing on the application, or (iii) refer the application to the Design Review Commission. 2. If the application involves more than 200 cubic yards, the zoning administrator may either process the application as the approving authority or may refer the application to the Design Review Commission as the approving authority. In either case, the application requires a public hearing. 3. Before the zoning administrator or Design Review Commission acts upon an application for a grading permit, notice must be given and a hearing held. The City shall mail or deliver notice of the application in accordance with the notice provisions set forth in section 6-211(b) of the Lafayette Municipal Code. The notice shall state the general nature of the application, the street address of the property involved or its legal or boundary description, and the date of the public hearing on the application.
(e) In each case where a public hearing is required and before issuing the grading permit the zoning administrator or Design Review Commission, as the case may be, must make the following findings: 1. The grading will not endanger the stability of the site or adjacent property or pose a significant ground movement hazard to an adjacent property. The decision making authority may require the project geotechnical engineer to certify the suitability of the project supported by appropriate technical studies, including subsurface investigation; 2. The grading will not significantly increase erosion or flooding affecting the site or other property and will not cause impacts to riparian habitats, stream channel capacity or water quality that cannot be substantially mitigated; 3. The grading, when completed, will result in a building site that is visually compatible with the surrounding land; 4. The grading is sensitive to the existing landforms, topography and natural features on the site; 5. The design of the project preserves existing trees on the site and trees on adjoining property to the extent possible; 6. Arborist recommendations for retained trees, if any, are incorporated into the grading plans. (f) The approval of a permit to move more than 200 cubic yards that accompanies an application for a project is subject to approval by the zoning administrator and the Design Review Commission, as the case may be. The decision of the zoning administrator is appealable to the Design Review Commission. The decision of the Design Review Commission is appealable to the Planning Commission. (g) If the application is for a project that requires approval by the zoning administration, Design Review Commission or the Planning Commission, the application for the grading permit shall be included as part of the project application. (h) Each grading permit requires a final grading plan that is subject to review and approval by the City engineer and the zoning administrator. (Ord. 536 1, 2002: Ord. 527 1, 2002) 3-702 - County Ordinance Code section 716-4.204. Sections 716-4.204, 716-4.206 and 716-4.208 of the County Ordinance Code that were adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 are amended and combined and consolidated into section 716-4.204 to read as follows: 716-4.204 Exceptions to the requirement for a grading permit. A grading permit is not required for: 1. minor grading that involves: a. land leveling for agricultural farming, if the average ground elevation is not changed
more than 3 feet (0.914 meters); b. cemetery graves; c. the movement of less than 50 cubic yards. However, if the movement of less than 50 cubic yards would alter a drainage course or have an adverse impact on unique natural features or vegetation, the zoning administrator shall hold a hearing before issuing a grading permit. 2. the following types of grading: a. an excavation below finished grade for basements and footing of structures authorized by a valid building permit or trench excavations for the purpose of installing underground utilities, if to be backfilled to natural grade; b. mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay, for which a permit has been granted by the planning agency; provided that, such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; c. improvement of watercourses and construction of drainage, irrigation and domestic water supply systems and facilities performed under the supervision of the flood control district, an agency of the federal or state government, a water or sanitation district, or an irrigation or reclamation district; d. the construction, repair and maintenance of levees for river and local drainage control performed by a governmental agency; e. refuse and garbage disposal sites controlled by other regulations; f. emergency work, as authorized by the county building official, necessary to protect life, limb or property, or to maintain the safety, use or stability of a public way or drainage way; g. excavation for installation of underground storage tank where the capacity of the tank does not exceed 20,000 gallons (75700 liters); h. grading in an isolated, self-contained area if the county building official determines that no danger to private or public property is likely to result from the grading operations; i. the structural section of subdivision streets in tracts for which subdivision improvement plans have been reviewed by the City and the work is being inspected by the City under the City's subdivision regulations; j. a temporary local borrow pit for road material and top soil for landscaping situated within a larger ownership being subdivided into lots, if the material is being used entirely within the tract being subdivided, and if the excavation does not endanger property under another ownership or creates a public nuisance or safety hazard. The land shall be graded to comply with this division on cessation of excavation within the pit areas; k. a temporary stockpile of top-soil material required for landscaping loss being graded in the immediate area for building purposes if the stockpile is not placed within a public
right-of-way, does not obstruct a drainage way, is not subject to erosion which will cause silting problems in a drainage way, does not endanger another property, and does not create a public nuisance or safety hazard, as determined by the building official. The land shall be graded to comply with this division after removal of the stockpile; 1. a fire trail, or access road to a public utility gas and electric transmission line. (Ord. 536 2, 2002: Ord. 527 2, 3, 2002) 3-703 - County Ordinance Code section 716-4.402. Section 716-4.402 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 and amended by Ordinance No. 527 is amended to read as follows: 716-4.402 ApplicationsWritten. To obtain a permit the applicant shall first file a written application with the planning services division of the City on an approved form. Every application shall conform to the requirements set forth in Sections 716-4.404716-4.414. The City shall process the application as provided in section 716-4.202(d) and (e). (Ord. 536 3, 2002) 3-704 - County Ordinance Code section 716-4.414. Section 716-4.414 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended to read as follows: 716-4.414 ApplicationsOther information. The applicant shall submit such other information as may be required by the City's planning services division or building official. (Ord. 536 4, 2002) 3-705 - County Ordinance Code section 716-4.604. Section 716-4.604 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended by adding subsection (g) to read as follows: (g) such other information as required by the City's planning services division. (Ord. 536 5, 2002) 3-706 - County Ordinance Code section 716-4.1002. Section 716-4. 1002 of the County Ordinance Code that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended to read as follows: 716-4.1002 FeesGenerally. For a grading permit the applicant shall pay (1) the fees set forth in sections 716-4. 1006716-4. 1016 and (2) the fees fixed by resolution of the City Council. (Ord. 536 6, 2002)
3-707 - County Ordinance Code Division 716. In Division 716 of the County Ordinance Code adopted by reference by the City (Chapters 716-2 through 716-8) references are made to the "county building official." Wherever a reference appears to "county building official" in the following sections, there is added "and the Planning Service Division" after the reference to county building official: Section 7164.602 7164.608(e) 7164.802 7164.804 7164.806 (Ord. 536 7, 2002) 3-708 - County Ordinance Code section 716-4.1416(b). Section 716-4.1416(b) that was adopted by reference by section 1.d.(10) of Ordinance No. 131 is amended by deleting the reference to Title 8 and substituting the reference to "Title 6 of the Lafayette Municipal Code." (Ord. 536 8, 2002) APPENDIX A:COSTRA COUNTY GRADING ORDINANCE Title 7 BUILDING REGULATIONS Division 716 GRADING
Chapter 716-2General Provisions Chapter 716-4Permits Chapter 716-6Control of Work Chapter 716-8Regulations 716-2.1002 - Nuisance abatement. Any excavation or fill which the county building official finds is a menace to life, limb or property or adversely affects the safety, use or stability of a public way or drainage way or channel is declared to be a public nuisance, and in addition to any other remedy available under the law, may be abated pursuant to Article 14-6.4. (Ords. 99-46 4: 88-88 15, 69-59 1, 1969)
716-2.202 - Title. This division is the grading ordinance of Contra Costa County. (Ord. 69-59 1, 1969) 716-2.402 - Definitions generally. As used in this division, the following words and phrases have the meanings set forth in Sections 716-2.404716-2.436, unless otherwise required by the context. (Ord. 69-59 1, 1969) 716-2.204 - Scope. This division sets forth regulations for control of excavating, grading, earthwork construction, including fills or embankments and related work. (Ord. 69-59 1, 1969) 716-2.404 - Approved soil testing agency. "Approved soil testing agency" is an agency regularly engaged in the testing of soil under the direction of a civil engineer experienced in soil mechanics (a soil engineer) when such agency has been approved by the building official. (Ord. 69-59 1, 1969) 716-2.406 - Bedrock. "Bedrock" is the relatively solid, undisturbed rock in place either at the ground surface or beneath superficial deposits of gravel, sand or soil. (Ord. 69-59 1, 1969) 716-2.408 - Building official. The county building official is the director of the building inspection department or his or her duly authorized deputy charged with enforcement of this division. (Ords. 99-46 2: 69-59 1, 1969) 716-2.410 - Building pad. "Building pad" is that area of a lot, parcel or site which will be occupied by the building structure, and includes any other structure or improvement attached, adjoining or adjacent thereto. (Ord. 69-59 1, 1969) 716-2.412 - Civil engineer. "Civil engineer" means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state of California. (Ord. 69-59 1, 1969)
716-2.414 - Compaction. "Compaction" means the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material. (Ord. 69-59 1, 1969) 716-2.416 - County specifications. "County specifications" means the current specifications and their amendments adopted by the board of supervisors, relating to county ordinances or to general use by county departments having jurisdiction over earthwork, roads, buildings, drainage, and similar construction. (Ord. 69-59 1, 1969) 716-2.602 - Prohibited actionWork without permit. No person shall perform any work within the scope of this division without first having obtained a permit from the building inspection department pursuant to this division. (Ord. 69-59 1, 1969) 716-2.604 - Prohibited actionGrading. No person shall grade, whether or not a permit is required therefor under this division, so that dirt, soil, rock, debris, or other material washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or an unlawful encroachment on other property or on a public road or street. Any such matter deposited within the right-of-way of a public road or street which may constitute a nuisance or hazard to public traffic shall be removed immediately, and failure to do so on notice from the county, authorizes the county to have the matter removed at the expense of the responsible party and/or permit holder. (Ord. 69-59 1, 1969) 716-2.606 - Prohibited actionWater obstruction. No person shall obstruct, impede or interfere with the natural flow of storm waters, whether unconfined upon the surface of the land, within land depressions or natural drainage ways, within unimproved channels or watercourses, or within improved ditches, channels or conduits, except for construction operations permitted by the county. (Ord. 69-59 1, 1969) 716-2.608 - Prohibited actionLevee work. No person shall excavate, or remove any material from any levee or do any work on levees required for river or local drainage control without prior approval of the local governmental agency responsible for the maintenance of the levee. (Ord. 69-59 1, 1969)
716-2.610 - Prohibited actionConstruction in public rights-of-way.* No person shall perform any work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of this county, without a permit from the county agency having jurisdiction. (Ord. 69-59 1, 1969) * For encroachments of public rights-of-way, see Div. 1002, this code. 716-2.802 - AdministrationAuthority.* The building inspection department shall administer this division. (Ord. 69-59 1, 1969) * For building inspection department, see Ch. 72-2, this code. 716-2.804 - AdministrationInterpretation. The county building official is authorized to issue bulletins to interpret or clarify the administrative and technical details of this division. (Ords. 99-46 3: 69-59 1, 1969) 716-4.402 - ApplicationsWritten. To obtain a permit the applicant shall first file a written application on an approved form. Every application shall conform to the requirements set forth in Sections 716-4.404716-4.414. (Ord. 69-59 1, 1969) 716-4.404 - ApplicationsSite description. The application shall describe the site by lot, block and tract designation, and by a street address or similar description sufficient to readily identify it. (Ord. 69-59 1, 1969) 716-4.406 - ApplicationsName and address of person involved. The application shall state the name and address of the owner of the site, the person who is to perform the work, and the soil and civil engineer if such work is to be performed as supervised grading. The permit shall be issued only to the owner or his agent. (Ord. 69-59 1, 1969) 716-4.408 - ApplicationsPlans and specifications. The applications shall be accompanied by plans, specifications and calculations as may be required by Sections 716-4.602716-4.608. (Ord. 69-59 1, 1969)
716-4.410 - ApplicationsEstimated cost. The application shall state the estimated cost of performing the work. (Ord. 69-59 1, 1969) 716-4.412 - ApplicationsSignature of applicant. The application shall be signed by the applicant or his authorized agent, who may be required to submit evidence of such authority. (Ord. 69-59 1, 1969) 716-4.414 - ApplicationsOther information. The application shall give such other information as may be required by the building official. (Ord. 69-59 1, 1969) 716-4.602 - Plans and specificationsRequired. With each application for a permit and when required by the county building official for enforcement of any provisions of this code, four sets of plans and specifications shall be submitted. Except as waived by the county building official for small and unimportant work, the plans shall be prepared and signed by a civil engineer or architect and shall contain the items set forth in Sections 716-4.604716-4.608, plus any additional material which the county building official deems necessary to show conformance of the proposed grading with the requirements of this division and other related ordinances. (Ords. 99-46 6: 69-59 1, 1969) 716-4.604 - Plans and specificationsContents. Plans and specifications shall contain: (a) (b) (c) A vicinity sketch or other means of adequately indicating the site location; Boundary lines of the site; Each lot or parcel of land into which the site is proposed to be divided;
(d) The location of any existing buildings or structures on the property where the work is to be performed, and the location of any buildings or structures on adjacent land which may be affected by the proposed work; (e) Accurate contours showing the topography of the existing ground; and
(f) Sufficient information to demonstrate compliance with Chapters 816-4 and 816-6 (tree preservation). (Ords. 99-46 6: 69-59 1, 1969) 716-4.606 - Plans and specificationsRequirements. Plans and specifications shall also show:
(a) All of the proposed uses of the site and, if the site is to be divided, the proposed use of each lot or parcel of land; (b) Elevations, location, extent and slope of all proposed grading shown by contours, cross-sections or other means and location of any rock disposal areas, buttress fills or other special features to be included in the work; (c) Detailed plans of all drainage systems and facilities, walls, cribbing, or other erosion protection devices to be constructed in connection with, or as a part of the proposed work, together with a map showing the draining area and estimated runoff of the area served by any drainage systems or facilities. (Ords. 99-46 6: 69-59 1, 1969) 716-4.608 - Plans and specificationsStatements required. Plans and specifications shall also contain: (a) A statement of the quantities of material to be excavated and/or filled and the amount of such material to the imported to, or exported from the site; (b) A statement of the estimated starting and completion dates for work covered by the permit;
(c) A promise signed by the owner, or his authorized agent, that a civil engineer, soil engineer and/or engineering geologist will be employed to give technical supervision or make inspections of the work, whenever approval of the plans and issuance of the permit is to be based on the condition that such professional person be so employed; (d) Routes of travel to be used for trucks hauling material to and from the site;
(e) Hours and days of work approved by the county building official, the zoning administrator, or the appropriate governing body. (Ords. 99-46 6: 69-59 1, 1969) 716-4.802 - ReportsEngineering geological. The county building official may require an engineering geologist's investigation and report, based on the most recent plan. The engineering geological report shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geologic conditions on the proposed development. (Ords. 99-46 7: 69-59 1, 1969) 716-4.804 - ReportsSoil. (a) The county building official may require a soil investigation and report based on the most recent plan. (b) The preliminary soil report shall be prepared by a soil engineer based upon adequate test borings or excavations. The report shall indicate the presence of critically expansive soils, or other soils problems, which if not corrected would lead to defects in structures, buildings or other improvements; and when it so indicates, it shall further report on an investigation of each lot of the development
including recommended corrective action which is likely to prevent such defects or damage to each building, structure or improvement to be constructed. (c) The preliminary soil report shall also contain: (1) Reports on the suitability of the earth material for construction of stable embankments and excavation slopes, including those necessary for any artificial or natural drainage channels; (2) (3) Recommendations for construction procedures to obtain required stability; Maximum design velocities for any natural or artificial drainage channel; and
(4) Any other recommendations concerning slides, unstable soil conditions, springs and seepage conditions, erosion control planting, or drainage facilities to enable proper development of the site. (d) The preliminary soil report shall be prepared on eight and one-half-inch (two hundred ten millimeters) by eleven-inch (two hundred ninety-seven millimeters) paper of durable quality and any maps or documents which accompany the report shall be of a convenient size and scale to fold to eight and one-half-inch (two hundred ten millimeters) by eleven inches (two hundred ninety-seven millimeters). (Ords. 99-46 7: 69-59 1, 1969) 716-4.806 - ReportsReview. All reports shall be subject to review by the county building official. Supplemental reports and data may be required as he may deem necessary. Recommendations included in the reports and approved by the building official shall be incorporated in the development plan or specifications. (Ords. 99-46 7: 69-59 1, 1969)
Chapter 716-6 CONTROL OF WORK 716-6.002 - County inspection. The county building official and other authorized county representatives may, with the consent of the owner or permittee or as allowed by the terms of the permit, enter the site at all times to inspect its condition and the methods of operation and to check or test any feature or operation involved in fulfilling the conditions of the permit. (Ords. 99-46 11: 69-59 1, 1969) 716-6.004 - Supervised or regular development work defined. All work involving a fill intended to support structures, or grading where the county building official determines special conditions or unusual construction hazards exist, shall be performed under the inspection of a civil engineer and/or soil engineer and shall be designated "supervised development work." Work other than supervised development shall be designated "regular development work." (Ords. 99-46 11: 69-59 1, 1969)
716-6.006 - Regular development requirements. (a) The county building official, upon notification from the permittee or his agent, shall inspect the work at the following stages of the work and shall either approve the portion then completed or shall notify the permittee or his agent wherein it fails to comply with the requirements of this division: (1) Initial. When the site has been cleared of vegetation and unapproved fill and has been scarified, benched or otherwise prepared and before any fill is placed; (2) Rough. When rough grading has been completed and approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; and berms installed at the top of slopes; (3) Final. When work has been completed, all drainage devices, systems and facilities installed and slope planting established. (b) In addition to the called inspections specified above, the county building official may: (1) Make such other inspections as he deems necessary to determine that the work is being performed in compliance with the requirements of this division; and (2) Require investigations and reports by a soil engineer and/or engineering geologist.
(Ords. 99-46 11: 69-59 1, 1969) 716-6.008 - Supervised development requirements. (a) It shall be the responsibility of the soil engineer and/or civil engineer to inspect the operations and provide qualified full-time inspection, to assure compliance of the work with the approved development plans and with the requirements of this division. Periodic progress report shall be submitted as required by the building official and shall certify in writing to the satisfactory completion of work specified in Section 716-6.006 (b) The soil engineer shall submit compaction data and soil engineering recommendations made during the development operation to the county building official. (c) The civil engineer shall submit inspection reports regarding drainage facilities, lot drainage, finish grades, to the building official. (d) The engineering geologist shall submit inspection reports regarding geological conditions to the building official. (Ords. 99-46 11: 69-59 1, 1969) 716-6.010 - Notification of noncompliance. If the soil or civil engineer finds that the work is not in conformance with this division or with the plans approved by the county building official, or with good accepted practices, he shall immediately notify the permittee and the building official in writing of the nonconformity and of the corrective measures to be taken. (Ords. 99-46 11: 69-59 1, 1969)
716-6.012 - Termination of services. If the civil engineer or the soil engineer or the geologist is relieved of or otherwise terminates his duties prior to completion of the work shown on the grading plans, he shall report the fact in writing to the county building official within forty-eight hours with a report on the status of the work. (Ords. 99-46 11: 69-59 1, 1969) 716-6.014 - Safety precautions. In addition to the requirements of the permit, the permittee shall comply with all laws, ordinances and regulations of the state and county, and regulations of the State Department of Industrial Relations, Industrial Accident Commission, relating to the character of the work, equipment, and labor personnel involved in the project. (Ords. 99-46 11: 69-59 1, 1969) 716-6.016 - Cessation of work. If the applicant ceases work for any reason before the work is completed, he shall take all necessary steps to leave the premises in a condition that will be safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials. (Ords. 99-46 11: 69-59 1, 1969) 716-6.018 - Completion of work. The county building official shall issue a certificate of completion upon satisfactory completion of work under an approved permit. (Ords. 99-46 11: 69-59 1, 1969)
Chapter 716-8 REGULATIONS
Article 716-8.2. Excavations 716-8.202 - ExcavationsMaximum slope. Cuts shall not be steeper in slope than one vertical to two horizontal unless the applicant furnishes a soil engineering or an engineering geology report, or both, certifying that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property. The county building official may require the excavation to be made with a cut face flatter in slope than one vertical to two horizontal if he finds it necessary for stability and safety. (Ords. 99-46 12: 69-59 1, 1969)
716-8.204 - ExcavationsDrainage terraces. Cut slopes exceeding forty feet in vertical height shall have drainage terraces not less than five feet (1.524 meters) in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding thirty feet (9.144 meters) except that where only one such terrace is required it shall be located at mid-height. For cut slopes exceeding one hundred feet (30.48 meters) in vertical height, the drainage terrace near mid-height shall be not less than twelve feet (3.657 meters) in width. Design and construction of drainage terraces shall conform to the requirements of Sections 716-8.602716-8.614. (Ords. 99-46 12: 69-59 1, 1969) 716-8.206 - ExcavationsConformance to existing terrain. Cut slopes shall be rounded off at the top and toe to blend and conform to existing terrain. (Ords. 99-46 12: 69-59 1, 1969) 716-8.208 - ExcavationsVariations. Variations from the regulations in Sections 716-8.202716-8.206 may be allowed by the county building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ords. 99-46 12: 69-59 1, 1969)
Article 716-8.4. Fills 716-8.402 - FillsCompaction. Except as provided below, all fills shall be compacted throughout their full extent to a minimum of ninety percent of maximum density. Field density shall be determined by a method acceptable to the building official (Ords. 99-46 13: 69-59 1, 1969) 716-8.404 - FillsSpecial compaction. Compaction may be reduced to eighty-five percent of maximum density, as determined by the above test, within the outer eight inches (203.3 millimeters) of fill slope surfaces when such compaction is provided by grid rolling or equivalent means. (Ords. 99-46 13: 69-59 1, 1969) 716-8.406 - FillsNonstructural. Fills not intended to support structures, subdivision streets or improvements need not be compacted to these standards if the county building official determines that such compaction is unnecessary as a safety measure. In making this determination, the county building official may require that an investigation be made by an approved soil testing agency to establish the characteristics of the soil, the amount of settlement to be expected and the susceptibility of the soil to erosion or slippage.
(Ords. 99-46 13: 69-59 1, 1969) 716-8.408 - FillsPlanted slopes. Slope surfaces may be prepared for planting by scarifying, by addition of top soil, or by other methods, if such loose material does not exceed a depth of three inches (76.2 millimeters) and said slopes otherwise comply with the requirements of Sections 716-8.402716-8.424. (Ords. 99-46 13: 69-59 1, 1969) 716-8.410 - FillsPreparation of ground. The natural ground surface shall be prepared to receive fill by removing vegetation or other incompetent material. Where the slope of the natural grade is one vertical to five horizontal or steeper, the fill shall be supported on benches cut into competent material. (Ords. 99-46 13: 69-59 1, 1969) 716-8.412 - FillsSlope. Compacted fill shall not create an exposed slope surface steeper than one vertical to two horizontal. The county building official may require a flatter slope if necessary for stability and safety. Slopes of fills which are not compacted in accordance with Sections 716-8.402716-8.408 shall not exceed three horizontal to one vertical. (Ords. 99-46 13: 69-59 1, 1969) 716-8.414 - FillsMaterial. No organic or other reducible material shall be incorporated in fills. Except as recommended by the soil engineer and approved by the county building official no rock or similar irreducible material with a maximum dimension greater than eight inches (203.2 millimeters) shall be buried or placed within forty-eight inches (249.4 millimeters) of finish grade. (Ords. 99-46 13: 69-59 1, 1969) 716-8.416 - FillsDrainage terraces. Fill slopes exceeding thirty feet (9.144 meters) in vertical height shall have drainage terraces not less than five feet (1.524 meters) in width, measured from the outer edge of the terrace to the invert of the drain, at vertical intervals not exceeding twenty-five feet (7.62 meters) except that where only one such terrace is required it shall be located at mid-height. For fill slopes exceeding one hundred feet (34.8 meters) in vertical height, the drainage terrace near mid-height shall be not less than twelve feet (3.6578 meters) in width. Design and construction of drainage terraces shall conform to the requirements of Sections 716-8.602716-8.614. (Ords. 99-46 13: 69-59 1, 1969) 716-8.418 - FillsSlopes to receive fill. Where fill is to be placed above the top of an existing or proposed cut or natural slope steeper than one vertical to three horizontal, the toe of the fill shall be set back from the top edge of the slope a minimum distance of six feet, (1.829 meters) measured horizontally or such other distance as may be specifically
recommended by a soil engineer or engineering geologist and approved by the county building official. Fills shall not toe out on slopes steeper than one vertical to three horizontal. (Ords. 99-46 13: 69-59 1, 1969) 716-8.420 - FillsConformance to existing terrain. Fill slopes shall be tapered into the existing terrain at the toe and shall be rounded off at the top. (Ords. 99-46 13: 69-59 1, 1969) 716-8.422 - FillsSlope location and setbacks. (a) The property line of any proposed or existing site or parcel located within the grading project shall be located at the top of the slope or along any slope drainage terrace. (b) Excavation and fill slopes shall be set back a minimum of three feet (0.914 meters) plus one-fifth the vertical height of the slope from the project boundary line with a maximum of ten feet (3.048 meters). (c) Buildings and structures shall be set back from excavation or fill slopes a minimum of four feet (1.219 meters) plus one-fifth the vertical height of the slope, with a maximum of ten feet (3.048 meters). (Ords. 99-46 13: 69-59 1, 1969) 716-8.424 - FillsVariations. Variations from the regulations in Sections 716-8.402716-8.422 may be allowed by the county building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ords. 99-46 13: 69-59 1, 1969)
Article 716-8.6. Drainage 716-8.602 - DrainageGeneral.* Storm drainage structures, systems and facilities shall be provided as required by the county building official and in accordance with standard specifications on file in the building inspection department. Design shall be in accordance with recognized principles of hydraulics. (Ords. 99-46 14: 69-59 1, 1969) * For drainage permits, see Ch. 1010-8. 716-8.604 - DrainageDisposal. All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse, approved by the county building official as a safe place to discharge such waters. If the drainage device discharges onto natural ground, rip-rap or a similar energy dissipator may be required.
(Ords. 99-46 14: 69-59 1, 1969) 716-8.606 - DrainageSite drainage. Graded building sites (building pads) shall have a minimum slope of two percent towards a public street or drainage facility approved to receive storm waters. A lesser slope may be approved by the county building official for sites graded in relatively flat terrain, or where special drainage provisions are made, when he finds such modification will not result in unfavorable drainage conditions. (Ords. 99-46 14: 69-59 1, 1969) 716-8.608 - DrainageTerrace. (a) All swales or ditches on drainage terraces shall have a uniform longitudinal grade of not less than one percent nor more than three percent and a minimum depth of one foot (0.305 meters) at the deepest part. Such terraces shall drain into a paved gutter, pipe or approved watercourse adequate to convey the water to a safe disposal area. (b) The drainage terrace shall be provided with a lined ditch, if required by the soil engineer for stability or prevention of erosion: The lined ditch shall be constructed with a five percent minimum slope to provide self cleaning. (Ords. 99-46 14: 69-59 1, 1969) 716-8.610 - DrainageOverflow protection. Berms, swales or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from flowing over or onto, and damaging the face of the slope. Special drainage provisions shall be made where a building or structure exists within five feet (1.524 meters) of the top of a slope. (Ords. 99-46 14: 69-59 1, 1969) 716-8.612 - DrainageMaintenance. The permittee and/or owner shall maintain drainage facilities, in conformance with the requirements of this division, during and after construction. (Ords. 99-46 14: 69-59 1, 1969) 716-8.614 - DrainageVariations. Variations from the regulations in Sections 716-8.602716-8.612 may be allowed by the county building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a one vertical to three horizontal soil engineer or engineering geologist and recommended by the county flood control district. (Ords. 99-46 14: 69-59 1, 1969)
Article 716-8.8. Erosion Control Planting
716-8.802 - Erosion control plantingCut slopes. The surface of all erodible cut slopes more than five feet in height and fill slopes more than three feet in height shall be protected against erosion by planting with grass or ground cover plants. The plants and planting methods shall be suitable for the soil and climatic conditions of the site and in accordance with standard specifications on file in the county building inspection department. (Ord. 69-59 1, 1969) 716-8.804 - Erosion control plantingApproval. The planting shall be installed after rough grading. Final approval of the work shall be made when growth is established on the slopes. (Ord. 69-59 1, 1969) 716-8.806 - Erosion control plantingVariations. Variations from the regulations in Sections 716-8.802716-8.806 may be allowed by the building official if they will provide equivalent safety, stability, and protection against erosion, as recommended by a soil engineer or engineering geologist. (Ord. 69-59 1, 1969)
Article 716-8.10. Miscellaneous Provisions 716-8.1002 - Work during rainfall months. Excavation, grading or construction of fills may be prohibited by the county building official during the months in which he finds that rainfall will likely preclude compliance with these requirements. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1004 - Work hours. If operations under the permit are within five hundred feet (152.4 meters) of residential or commercial occupancies, except as otherwise provided by conditions of approval for the project, grading operations shall be limited to weekdays and to the hours, between seven-thirty a.m. and five-thirty p.m., except that maintenance and service work on equipment may be performed at any time. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1006 - Encroachments on rights-of-way. Encroachment of operations on public rights-of-way without an encroachment permit from the governing body is prohibited except for hauling of legal loads by vehicles permitted by law to operate on public roads. (Ords. 99-46 15: 69-59 1, 1969)
716-8.1008 - Nuisances. Operations shall be controlled to prevent nuisances to public and private ownerships because of dust, drainage, removal of natural support of land and structures, encroachment, noise, and/or vibration. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1010 - Explosives. Blasting or other use of explosives shall be conducted in accordance with regulations by the board of supervisors, the state fire marshal, and local fire authorities. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1012 - Responsibility of permittee. (a) Compliance With Plans and This Division. The permittee, his agent, contractor or employee, shall carry out the proposed work only in accordance with the approved plans and specifications and in compliance with all the requirements of this division. (b) Inspections. In performing regular development work it shall be the responsibility of the permittee to notify the county building official at least one working day in advance so that the inspections required by Sections 716-6.002716-6.012 can be made. (c) Protection of Utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. (d) Temporary Erosion Control. The permittee shall effect and maintain precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the side. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1014 - Reports requiredFinal approval. The county building official may require the following reports, and shall not finally approve any development or work until all required maps and reports have been submitted and approved: (a) A final report by the civil engineer certifying that all grading, lot drainage and drainage facilities have been completed and the slope planning installed in conformance with the approved plans and the requirements of this code with a final contour map if the work is not in substantial conformity with the approved plans; (b) A report by the soil engineer including the recommended soil bearing capacity, a statement as to the expansive qualities of the soil, and summaries of field and laboratory tests. The location of such tests and the limits of the compacted fill shall be shown on a final plan which shall also show by plan and cross-section the location of any subdrains, rock disposal areas and/or buttress fills involved in the work; (c) An engineering geologist's report based on the final contour map including specific approval of the grading as affected by geological factors. The report shall include a revised geologic map and cross-sections, with recommendations regarding the location of buildings or sewage disposal
systems. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1016 - Evaluation of existing fill. The county building official may require the submission of a preliminary soil investigation report and/or engineering geological report before issuing a building permit for a structure to be placed on any fill or embankment constructed before August 11, 1969, or excepted from the requirement for a grading permit, or on any other lot or parcel on which critically expansive soils, slide conditions, or other soils or geologic hazards exist or may reasonably be anticipated to exist. If the county building official determines that the action recommended in this report is likely to prevent structural damage to the proposed structure, he shall approve the report and the recommended action contained in the report shall become a part of the required construction as a condition of the permit. (Ords. 99-46 15: 69-59 1, 1969) 716-8.1018 - Site evaluation and investigation. (a) The county building official may conduct a field investigation and site evaluation of a lot or parcel prior to application for a grading and/or building permit if the owner submits a written request and the fee required by Section 716-4.1014. (b) The investigation shall determine what information, engineering data or plans will be required to be submitted with the application for grading and/or building permits and under what conditions the permits would be issued. (c) No fees or written request will be necessary after an application for a building and/or grading permit has been accepted or if the county building official initiates the field investigation. (Ords. 99-46 15: 69-59 1, 1969)
Chapter 3-9 - GAS SHUT-OFF DEVICES

Sections:
3-901 - Purpose. 3-903 - Definitions. 3-905 - Scope. 3-907 - Exceptions. 3-909 - General Requirements. 3-911 - List of approved valves and devices. 3-913 - Enforcing agency.
3-901 - Purpose. The purpose of this chapter is to require installation of approved excess flow gas shut-off devices in
residential, commercial, and industrial buildings under the conditions contained in this chapter. (Ord. 564 3, 2008) 3-903 - Definitions. For the purpose of this chapter, certain terms shall be defined as follows: (a) "Downstream of Gas Utility Meter" shall refer to all customer owned gas piping.
(b) "Excess Flow Gas Shut-Off Device" shall mean those valves or devices that automatically close a valve to stop the flow of gas, upon detecting an excessively high flow rate that can occur when the downstream gas piping is damaged and leaking gas. This device shall not be the type that is actuated by certain levels of earthquake acceleration, shaking, or vibration. The device shall automatically reopen and permit normal gas flow rates when the integrity of the downstream gas piping has been restored. The device shall be certified by the State Architect or the operational and functional design of the device shall meet or exceed the device certified by the Office of the State Architect. The determination of whether the operational and functional design of the device is at least equal to the device certified by the State Architect may be made by one of the following: the Independent Laboratory of the International Approval Services (IAS), Underwriter's Laboratory (UL), International Association of Plumbing and Mechanical Officials (IAPMO), or other recognized listing and testing agency. (c) "Residential Building" shall mean any single family dwelling, duplex, multifamily dwelling, apartment building, condominium building, townhouse building, lodging house, congregate residence, hotel, or motel. (d) "Vulnerable Appliance Fuel Connector" shall mean an assembly of listed semi-rigid or flexible tubing and fittings to carry fuel between a fuel piping outlet and fuel-burning appliance where the connector is susceptible to being broken or damaged by falling objects or by the appliance shifting during an earthquake. This would include, but not be limited to, fuel connectors for clothes dryers, kitchen ranges, and tank-type water heaters regardless of whether or not the appliance is braced, anchored, strapped or fastened in place. (Ord. 564 4, 2008; Ord. 515 1, 2000) 3-905 - Scope. An approved excess flow gas shut-off device (non-motion sensitive) shall be installed immediately upstream of any vulnerable appliance fuel connector within the following buildings and structures: (a) In any new building construction (commercial, industrial or residential) containing fuel gas piping for which a building permit is first issued on or after the effective date of this chapter. (b) In any existing residential building for which a building permit is first issued on or after the effective date of this chapter for work involving fuel gas piping. When a building permit is issued to an individual condominium or apartment unit, an approved excess flow gas shut-off device shall be installed at each new or existing gas appliance which uses a vulnerable appliance fuel connector to connect it to the gas line only in the unit for which the building permit is issued. (c) In any existing residential building where the value of the alteration or addition is more than $15,000.00 where fuel gas piping is not involved in the work for which a building permit is first
issued on or after the effective date of this chapter. Alterations or additions to individual condominium or apartment units shall require an approved excess flow gas shut-off device to be installed at each gas appliance which uses a vulnerable appliance fuel connector to connect it to a gas line in each individual unit that is being altered or added to. (d) In any existing commercial or industrial building that has fuel gas piping supplying the building for which a building permit is first issued on or after the effective date of this chapter for work involving fuel gas piping. When a building permit is issued to an individual unit or tenant space, an approved excess flow gas shut-off device shall be installed at each new or existing gas appliance which uses a vulnerable appliance fuel connector to connect it to the gas line only in the unit or tenant space for which the building permit is issued. (e) In any existing commercial or industrial building where the value of the alteration or addition is more than $15,000.00 where fuel gas piping is not involved in the work for which a building permit is first issued on or after the effective date of this chapter. Alterations or additions to individual units or tenant spaces shall require an approved excess flow gas shut-off device to be installed at each gas appliance which uses a vulnerable appliance fuel connector to connect it to a gas line in each individual unit that is being altered or added to. (Ord. 564 5, 2008) 3-907 - Exceptions. (a) Excess flow gas shut-off devices installed on a building before the effective date of this chapter are exempt from the requirements of this chapter provided they remain installed on the building or structure and are maintained for the life of the building or structure. (b) This chapter does not apply to mechanical or process equipment used in manufacturing.
(Ord. 564 6, 2008) 3-909 - General Requirements. Excess flow gas shut-off devices installed either in compliance with this ordinance or voluntarily, with a permit issued on or after the effective date of this chapter, shall comply with all of the following requirements: (a) Be installed by a contractor licensed in the appropriate classification by the State of California and in accordance with the manufacturer's instructions. (b) Be certified by the State Architect or be listed by an approved listing and testing agency such as IAS, IAMPO, UL or the Office of the State Architect. (c) Where excess flow gas shut-off devices are installed voluntarily or as required by this chapter, they shall be maintained for the life of the building or structure or be replaced with a valve or device complying with the requirements of this chapter. (Ord. 564 7, 2008; Ord. 515 1, 2000) 3-911 - List of approved valves and devices. The Building Inspection Department shall maintain a list of all excess flow gas shut-off devices
(non-motion sensitive) which meet or exceed the requirements of devices certified by the Office of the State Architect for installation in the State of California and which comply with the standards and criteria set forth in Health and Safety Code section 19180 et seq. (Ord. 564 8, 2008) 3-913 - Enforcing agency. The Contra Costa County Building Inspection Department shall administer and enforce the provisions of this chapter. (Ord. 564 10, 2008)
Title 4 - BUSINESS LICENSES AND REGULATIONS* Chapter 4-4 - PEDDLERS, SOLICITORS AND CANVASSERS
Title 4 - BUSINESS LICENSES AND REGULATIONS*

Chapters:
Chapter 4-1 - FORTUNETELLING Chapter 4-2 - BINGO Chapter 4-3 - BUSINESS REGISTRATION FEE Chapter 4-4 - PEDDLERS, SOLICITORS AND CANVASSERS
Chapter 4-1 - FORTUNETELLING

Sections:
Article 1. - General Provisions Article 2. - Licenses Article 3. - Prohibited Acts

4-101 - Purpose. 4-102 - Fortunetelling. 4-103 - Exemption. 4-104 - Regulations.
4-101 - Purpose. The purpose of this chapter is to prescribe a means of licensing practitioners who engage in fortunetelling for profit so that information about those so engaged is available to the public and the city government. (Ord. 154 2 (part), 1976) 4-102 - Fortunetelling. "Fortunetelling" means engaging for profit, directly or indirectly, in the act of: (a) Foretelling, foreseeing or influencing a future act, event, condition or situation, or finding or
restoring a lost or hidden thing, condition or situation, whether physical, spiritual, emotional or social; or (b) Persuading or procuring another to transfer, pledge, give or deposit anything of value by means of astrology, augury, card reading, clairaudience, clairvoyance, contacting spirits, crystal gazing, divination, handwriting or character reading, life reading, magic mediumship, necromancy, numerology, palmistry, phrenology or the reading of other anatomical features, seership, or by any occult, mystical, psychic or supernatural means, or by means similar to any of these; (c) Making or selling a charm, talisman, potion or other magic thing, or anything purporting to be a magic thing. (Ord. 154 2 (part), 1976) 4-103 - Exemption. This chapter does not normally apply to the bona fide, nonprofit activity of any bona fide nonprofit religious or educational organization, including a charity registered with the California Attorney General. (Ord. 154 2 (part), 1976) 4-104 - Regulations. The city manager may prescribe regulations governing the form of applications, licenses and notices; the issuance, replacement and display of licenses; the determination of exempt organizations pursuant to Section 4-103; and concerning his other functions under this chapter. When approved by the city council, these regulations are enforceable as though set forth in this chapter. (Ord. 154 2 (part), 1976)
Article 2. - Licenses
4-111 - Application. 4-112 - Application fee. 4-113 - Investigation of applicant. 4-114 - Action upon application. 4-115 - Term of license. 4-116 - Renewal of license. 4-117 - Additional terms and conditions of license. 4-118 - Appeal procedure and fee. 4-119 - Notice of hearing. 4-120 - Hearing and decision. 4-121 - Revocation of license. 4-122 - Procedure for revocation. 4-123 - Request of revocation. 4-124 - Appeal of revocation.
4-111 - Application. A person who desires a fortunetelling license shall file an application with the city manager on a form furnished by the city. (a) The applicant shall furnish the following information: (1) (2) Name of applicant; Applicant's permanent home address and present business address;
(3) The names and addresses of the applicant's businesses or employers for the five years preceding the application; (4) A brief description of the nature of the proposed fortunetelling, and the location and premises where the activity will be conducted; (5) Fingerprints and photograph of the applicant;
(6) A statement as to whether the applicant has ever been convicted of a crime or of a violation of a local agency ordinance, the nature of each such offense and the penalty imposed for each; and (7) Such other information as the city manager may reasonably require.
(b) If there are any persons other than the applicant who will be financially interested in the proposed fortunetelling business, the applicant shall furnish the following information about each of them: (1) (2) (3) Name; Permanent home address and present business address; Nature and amount of his financial interest in the business;
(4) A statement as to whether he has ever been convicted of a crime or of a violation of a local agency ordinance, the nature of each such offense and the penalty imposed for each; and (5) Such other information as the city manager may reasonably require.
(Ord. 154 2 (part), 1976) 4-112 - Application fee. At the time of filing an application, the applicant shall pay a fee of $100.00 for cost of processing the application. This fee is not refundable and is in addition to all other fees prescribed by the city. (Ord. 154 2 (part), 1976) 4-113 - Investigation of applicant. On receipt of an application, the city manager shall have an investigation made of the applicant's
character. The city manager may refer the application to the chief of police for a report and recommendation. (Ord. 154 2 (part), 1976) 4-114 - Action upon application. (a) If the city manager finds that either the applicant's character or his business responsibility is unsatisfactory, or that he has been convicted of a crime involving moral turpitude, the city manager shall refuse to issue the license. The city manager shall notify the applicant of his decision in writing not more than 45 days after the application is filed. The decision is final ten days from the date that notice of denial is given. (b) If the city manager finds that both the applicant's character and his business responsibility are satisfactory, that neither the applicant nor his operation is likely to be injurious to the public welfare, and that he complies with applicable laws and regulations, he shall announce his intent to issue the license. The decision shall be made within 45 days after the application is filed. (c) The city manager shall send the written notice of intent to issue the license to the applicant, to each owner of property located within 300 feet of the exterior boundaries of the parcel of land upon which the fortunetelling business is to be conducted, and to any other persons who have made written requests to the city manager to be so notified. (d) Ten days after mailing the notice of intent to issue the license, if no appeal has been filed pursuant to Section 4-116, the city manager shall issue the license. (Ord. 154 2 (part), 1976) 4-115 - Term of license. The first license issued to an applicant shall expire on December 31st of the year in which it is issued. (Ord. 154 2 (part), 1976) 4-116 - Renewal of license. The holder of a valid fortuneteller's license may renew such license for each calendar year by paying to the city a renewal fee of ten dollars. The renewal fee shall be due on January 10th of the year for which renewal is desired. (Ord. 154 2 (part), 1976) 4-117 - Additional terms and conditions of license. The city manager may impose additional terms and conditions upon the issuance of a license, if he finds that it is necessary to do so in order to protect the general public from the threat of fraud or misrepresentation or public nuisance. (Ord. 154 2 (part), 1976) 4-118 - Appeal procedure and fee. Any person who wishes to challenge the decision of the city manager on any application shall file a
letter of appeal within ten days of (a) the written notice of denial, or (b) the written notice of intent to issue the license. The letter shall be addressed to the city council and be accompanied by an appeal fee of fifty dollars. (Ord. 154 2 (part), 1976) 4-119 - Notice of hearing. (a) Upon receipt of a letter of appeal accompanied by the appeal fee, the city manager shall arrange for a hearing on the application before the city council and shall have notice given to the applicant, the appellant and the public. The notice shall state the applicant's name and address, the address of the subject premises, and the time and place for the public hearing before the city council, at which hearing the applicant will present his case and any other interested person may present testimony for or against the issuance of the license. (b) The city manger shall cause a copy of this notice to be posted conspicuously in front of the subject premises and conspicuously at two other public places within 500 feet of those premises; and shall cause copies to be mailed to the applicant, the appellant, property owners whose land is within 300 feet of the subject premises, and other persons who have asked in writing to be so notified. (c) The notice shall be posted and mailed at least ten days before the hearing date.
(Ord. 154 2 (part), 1976) 4-120 - Hearing and decision. (a) At the time and place specified in the notice, or at such later time to which the hearing may be continued, the city council shall hear the appeal. (b) The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a license granted to the applicant if it finds that all of the following conditions are satisfied: (1) The application has been fully and truthfully completed;
(2) Neither the applicant nor any person financially interested in the business to be operated on the premises has been convicted of a felony or of any crime involving moral turpitude or dishonesty, and that all are of good moral character; (3) (4) (c) Neither the applicant nor his operation is likely to be injurious to the public welfare; and All applicable laws and ordinances, including the zoning ordinance, are complied with.
If the city council does not make all of these findings, it shall deny the appeal. Its decision is final.
(d) The city council may impose reasonable conditions to the issuance of a license which is granted upon appeal. (Ord. 154 2 (part), 1976) 4-121 - Revocation of license. A fortunetelling license may be revoked for any of the following reasons:
(a) (b)
Nonpayment of the renewal fee; Conviction of the licensee of a crime related to the conduct of the fortunetelling business;
(c) Violation of a special condition imposed upon the license pursuant to Sections 4-117 or 4-120(d) of this chapter; or (d) Violation by the licensee of the zoning or sign ordinances in connection with the operation of the fortunetelling business. (Ord. 154 2 (part), 1976) 4-122 - Procedure for revocation. If the city manager finds cause, pursuant to Section 4-121, to revoke a fortunetelling license, he shall notify the licensee in writing that his license will be revoked, giving the reason for the revocation and advising the licensee of his rights to have the city manager's revocation decision reviewed by the city council. Unless appealed as provided in Section 4-124, the revocation shall be effective ten calendar days after the date of the city manager's notice of revocation. (Ord. 154 2 (part), 1976) 4-123 - Request of revocation. Any person may request the city manager to revoke a fortunetelling license. Such request shall be in writing and shall state the reason for the proposed revocation. The city manager shall act upon the request within 30 days after receiving it. If the city manager does not revoke the license pursuant to such request, he shall so notify in writing the person making the request, and that person then has the right to appeal that decision pursuant to Section 4-124. (Ord. 154 2 (part), 1976) 4-124 - Appeal of revocation. Either the licensee whose license is revoked, or the person unsuccessfully requesting such revocation, may appeal the city manager's decision to the city council. The appeal shall be in writing, shall be submitted within ten days after notification of the decision, and shall be accompanied by an appeal fee of $50.00 payable to the city. The city manager shall arrange for the hearing and give notice thereof as prescribed in Section 4-119. The burden of proof at the hearing shall be on the city manager in the event of a decision to revoke, or on the appellant in the event of a decision not to revoke. The decision of the city council on the appeal is final. (Ord. 154 2 (part), 1976)
Article 3. - Prohibited Acts

4-131 - Certain activity prohibited.
4-131 - Certain activity prohibited. No person may engage in the activity of fortunetelling: (a) (b) (c) Without a license to do so; In violation of this chapter; or In violation of a term or condition of the license.
(Ord. 154 2 (part), 1976)
Chapter 4-2 - BINGO

Sections:
4-201 - Bingo authorization. 4-202 - Penal Code Section 326.5Eligible organization. 4-203 - License required. 4-204 - Application. 4-205 - Terms of licenseFees. 4-206 - Investigation. 4-207 - Required findings. 4-208 - Issuance or denial. 4-209 - Revocation. 4-210 - Notice of intentShow cause hearing. 4-211 - Summary suspension or revocation. 4-212 - Decision. 4-213 - Appeal. 4-214 - Decision on appeal. 4-215 - License not transferable. 4-216 - License displayed. 4-217 - Hours. 4-218 - Consent.
4-201 - Bingo authorization. Bingo games are allowed pursuant to and as restricted by Section 19(c) of Article IV of the California Constitution, California Penal Code Section 326.5 (including future amendments thereto) and the provisions of this chapter. (Ord. 172 1 (part), 1976) 4-202 - Penal Code Section 326.5Eligible organization. Section 326.5 of the California Penal Code is incorporated in this chapter by this reference. "Eligible organization" as used in this chapter means an organization referred to in Penal Code Section 326.5(a).
(Ord. 188 1, 1978: Ord. 172 1 (part), 1976) 4-203 - License required. (a) No eligible organization may conduct a bingo game without a license.
(b) No person may promote, supervise, operate, conduct or staff a bingo game, or participate in such activity, unless he is a member of an eligible organization licensed to do so and which has designated him to do so. (Ord. 188 2, 1978: Ord. 172 1 (part), 1976) 4-204 - Application. (a) The application for an original or renewal license to conduct bingo games shall be made to the city manager on forms provided by his office. (b) The application shall include the following information: (1) The name, address, date and place of birth, physical description and driver's license number of every officer of the eligible organization; (2) The name, address, date and place of birth, physical description and driver's license number of not more than 20 members to be authorized to operate bingo games on behalf of the organization; (3) The date(s) and location(s) of the proposed bingo game(s);
(4) Proof that the organization is an eligible organization as defined by Penal Code Section 326.5(a); and (5) The application or renewal fee.
(Ord. 188 3, 1978: Ord. 172 1 (part), 1976) 4-205 - Terms of licenseFees. (a) (b) When first issued a bingo license is valid until December 31st of the year of issue. A renewal is for the calendar year.
(c) The fee for an original bingo license is $50.00. The fee for renewal is ten dollars. Except as otherwise provided herein, the fee is nonrefundable and shall be used to defray the cost of issuing or renewing the license. However, if the original application for a license is denied, one-half of the license fee shall be refunded to the applicant. (Ord. 188 4, 1978: Ord. 172 1 (part), 1976) 4-206 - Investigation. Upon receiving a completed application, the city manager shall cause to be made such investigation of the applicant or of the individuals named in the application as he deems necessary in order to determine whether the license may legally be issued.
(Ord. 172 1 (part), 1976) 4-207 - Required findings. In order to issue or reinstate a bingo license, the approving authority shall find: (a) That the applicant meets the qualifications prescribed in Section 326.5 of the Penal Code; and (b) That the conduct of bingo games in the proposed location will not be detrimental to nearby properties, will not disrupt the neighborhood, and will clearly be incidental to the applicant's principal use of the premises. (Ord. 172 1 (part), 1976) 4-208 - Issuance or denial. Within 30 days after receipt of a completed application, the city manager shall either issue the license or deny it in writing, stating his reasons therefor. The city manager may impose reasonable conditions upon any bingo license. (Ord. 172 1 (part), 1976) 4-209 - Revocation. The city manager may suspend or revoke a license for any violation of the provisions of this chapter or of any applicable law or regulation, or for any false, misleading or fraudulent statement of a material fact in the application for the license, or in the promotion, supervision, operation, conduct or staffing of any bingo game. (Ord. 172 1 (part), 1976) 4-210 - Notice of intentShow cause hearing. If the city manager determines that a bingo license should be suspended or revoked, he shall serve on the licensee a notice of his intent with his reasons therefor. The notice shall provide for a suspension or revocation of the license seven days after service of the notice upon the licensee, unless the licensee arranges to appear at a hearing before the city manager to show cause why such action should not be taken. (Ord. 172 1 (part), 1976) 4-211 - Summary suspension or revocation. (a) to: The city manager may immediately suspend or revoke a bingo license upon the licensee's refusal (1) Permit the entry of any peace officer to investigate the conduct of a bingo game; or
(2) Permit the city manager to review or audit the charitable organization's records relating to the conduct of bingo games under the license and to the special account required by Penal Code Section 326.5(j).
(b) Upon taking such action, the city manager shall within 48 hours serve on the licensee a written statement of the reasons for this action, and schedule a show cause hearing on reinstatement of the license within five days of a request to do so by the licensee. (Ord. 172 1 (part), 1976) 4-212 - Decision. The city manager shall issue his written decision within seven days after the conclusion of a show cause hearing. (Ord. 172 1 (part), 1976) 4-213 - Appeal. Actions taken by the city manager pursuant to Sections 4-208 or 4-212 of this chapter may be appealed to the city council by any person within ten days after the date of the decision. The form of appeal, the appeal fee, and the notice and hearing requirements shall be the same as prescribed in Sections 4-118 and 4-119 of this title. (Ord. 172 1 (part), 1976) 4-214 - Decision on appeal. (a) The city council shall decide the appeal by the adoption of a resolution within 30 days after the close of the appeal hearing. (b) The city council may impose reasonable conditions on the issuance of a bingo license which is granted pursuant to an appeal. (Ord. 172 1 (part), 1976) 4-215 - License not transferable. Each license shall be issued to a specific eligible organization authorizing not more than 20 named members to conduct a bingo game on its behalf at one or more named locations. This license is not transferable from one organization to another. The license is only a temporary and nontransferable permit to act within the provisions of this chapter and all other applicable laws and regulations, and always expires no later than one year from its date. It has no validity when it has been seized, suspended, or revoked by the city manager. Any attempt to transfer, assign, pledge, mortgage or hypothecate the license, or to attach or execute on it, immediately and permanently voids it. (Ord. 188 5, 1978: Ord. 172 1 (part), 1976) 4-216 - License displayed. The license shall be prominently displayed at the authorized location(s) during the game(s). (Ord. 172 1 (part), 1976) 4-217 - Hours. No bingo games shall be conducted between the hours of 12:01 a.m. and nine a.m.
(Ord. 172 1 (part), 1976) 4-218 - Consent. The application for or acceptance of a license constitutes: (a) Consent to the entry of any peace officer(s) to investigate the location(s) identified in the application, before the issuance of a license as well as during any game(s) thereafter; (b) Consent to the city manager or his agents reviewing or auditing the eligible organization's records relating to the conduct of bingo games and to the special account required by Penal Code Section 326.5(j), for the purpose of verifying compliance with the financial interest and special fund requirements of Penal Code Section 326.5 and with this chapter and all other applicable laws and regulations. (Ord. 188 6, 1978: Ord. 172 1 (part), 1976)
Chapter 4-3 - BUSINESS REGISTRATION FEE

Sections:
4-301 - Purpose. 4-302 - Definitions. 4-303 - Purpose and scope of registration fee. 4-304 - Chapter not exclusive. 4-305 - Business registration fee required. 4-306 - Procedure for claiming an exemption. 4-307 - Charitable purposes exemption. 4-308 - Nonprofit activity exemption. 4-309 - Part-time occupation exemption. 4-310 - Miscellaneous exemptions. 4-311 - Evidence of doing business. 4-312 - Separate registration for branch establishment. 4-313 - Contents and conditions of registration. 4-314 - Application for first registration. 4-315 - Application to renew registration. 4-316 - Business registration fee. 4-317 - No proration of registration fee. 4-318 - Grounds for denial of registration. 4-319 - Transferability where change of location or ownership. 4-320 - Duplicate registration. 4-321 - Posting and display of registrations. 4-322 - Additional powers of collector. 4-323 - Penalty for failure to pay business registration fee. 4-324 - Doing business without registration does not waive requirements. 4-325 - Violation is an infraction.
4-301 - Purpose. This chapter is adopted for the purpose of registering businesses, trades, occupations and professions in the city. It is enacted under Business and Professions Code Sections 16000 et seq. (Ord. 388 1 (part), 1991) 4-302 - Definitions. In this chapter, unless the context otherwise requires: (a) "Business" includes every profession, trade and occupation, and every kind of calling, whether or not carried on for profit. (b) "Collector" means the finance director or other person the city manager may designate to administer the business registration program. (c) "Engaging in business" means beginning, conducting or continuing in business, and includes the exercise of corporate or franchise powers, and liquidating a business when a liquidator holds itself out to the public as conducting that business. (Ord. 388 1 (part), 1991) 4-303 - Purpose and scope of registration fee. The fee prescribed by this chapter is a regulatory fee. It is not a tax for revenue purposes. The payment of a business registration fee and its acceptance by the city is not a permit and does not entitle the payor to carry on a business unless the business complies with the requirements of all applicable laws. (Ord. 388 1 (part), 1991) 4-304 - Chapter not exclusive. A person required to pay a business registration fee for transacting and carrying on a business under this chapter is not relieved from the payment of any license fee or permit for the privilege of doing business required under any other law. (Ord. 388 1 (part), 1991) 4-305 - Business registration fee required. (a) There is imposed upon each business, trade, profession, calling and occupation specified in this chapter a business registration fee in the amount fixed by resolution of the city council as provided in Section 4-316 (b) This section does not require a person to register before doing business within the city if to do so conflicts with a statute of the United States or of the state of California. A person not required to register before doing business within the city is nevertheless encouraged to comply with the reporting requirements of Section 4-314 (Ord. 388 1 (part), 1991)
4-306 - Procedure for claiming an exemption. A person claiming an exemption shall file a sworn statement with the collector stating the facts upon which exemption is claimed. In the absence of a statement substantiating the claim, or exemption, a person is liable for the payment of the fee. (Ord. 388 1 (part), 1991) 4-307 - Charitable purposes exemption. This chapter does not require the payment of a business registration fee to conduct, manage or carry on a business, occupation or activity by any organization which qualifies for tax exemption under the Internal Revenue Code. (Ord. 388 1 (part), 1991) 4-308 - Nonprofit activity exemption. (a) This chapter does not require the payment of a business registration fee for the conduct of an entertainment, dance, concert, exhibition or lecture by a benevolent, charitable, fraternal, educational, military, state, county or municipal organization or association when the receipts of the activity are dedicated for the purpose and object for which the organization or association is formed and from which profit is not derived, either directly or indirectly, by an individual. (b) Registration under this chapter is not required of a nonprofit institution, corporation, organization or association organized or conducted for nonprofit purposes only, when the receipts derived are wholly for the benefit of the organization and not in whole or in part for the private gain of any person. This exemption does not apply to a promoter employed by a nonprofit institution, corporation, organization or association. (Ord. 388 1 (part), 1991) 4-309 - Part-time occupation exemption. This chapter does not apply to (a) a natural person under the age of 18 or over the age of 65 engaged in a part-time occupation, or (b) a person who performs manual labor only on an hourly or other time basis and who furnishes only such tools and incidentals as may be required in the performance of the manual labor. (Ord. 388 1 (part), 1991) 4-310 - Miscellaneous exemptions. This chapter does not apply to the following: (a) (b) Cafe musician as defined in Business and Professions Code Section 16000.5; Veteran as described in Business and Professions Code Sections 16001 and 16001.5;
(c) Commercial traveler dealing at wholesale as defined in Business and Professions Code Section 16002; (d) Real estate auctioneer as defined in Business and Professions Code Section 16002.1;
(e) Person renting, leasing or operating laundry equipment as defined in Business and Professions Code Section 16002.2; (f) Person renting, leasing or operating a coin-operated vending machine as defined in Business and Professions Code Section 16002.5; (g) A person transacting business on behalf of an agency, department or political subdivision of the United States or the state or to a public agency of the state. (Ord. 388 1 (part), 1991) 4-311 - Evidence of doing business. When a person uses a sign, circular, card, telephone book or newspaper by advertising, holding out or representing that the person is in business in the city, or when a person holds a license or permit issued by a governmental agency indicating that the person is in business in the city, and fails to deny by a sworn statement given to the collector that business is not conducted in the city after being requested to do so by the collector, then these facts are considered prima facie evidence of conducting a business in the city. (Ord. 388 1 (part), 1991) 4-312 - Separate registration for branch establishment. A separate registration must be obtained for each branch establishment or location of the business carried on, and for each separate type of business at the same location. Each registration authorizes the registrant to carry on only the business registered at the location and in the manner designated in the registration. A warehouse or distributing plant used in connection with and incidental to a business registered under this chapter is not considered a separate place of business or branch establishment. (Ord. 388 1 (part), 1991) 4-313 - Contents and conditions of registration. Every person required to register under this chapter shall apply to the collector for registration and pay the applicable fee. Upon the payment of the business registration fee, the collector shall issue a registration containing the following information: (a) (b) (c) (d) (e) The name of the person to whom the registration is issued; The name of the business registered; The place where business is to be carried on; The date of the expiration of the registration; and Such other information as the collector considers necessary to enforce this chapter.
(Ord. 388 1 (part), 1991) 4-314 - Application for first registration. (a) A person applying for the first registration under this chapter shall furnish to the collector a sworn
statement, upon a form provided by the collector, setting forth the following information: (1) The exact nature of business for which registration is requested;
(2) The place where business is to be carried on, or if the business is not to be carried on at a permanent place of business, the place of residence of the owner; (3) If an application is made to register a person doing business under a fictitious name, the application shall set forth the name and place of business of the person owning the business; (4) If an application is made to register a corporation or a partnership, the application shall set forth the name and place of business of each officer or partner; (5) For an established and operating business: the daily average number of employees employed in the business during the 90 day period preceding the date of application. For a new business: the daily average number of employees anticipated to be employed to conduct the business during the 90 day period following the date of the application; (6) Such further information which the collector requires to register the business.
(b) The collector may not register a person for the same or any other business until the person furnishes the sworn statement and pays the business registration fee. (Ord. 388 1 (part), 1991) 4-315 - Application to renew registration. The applicant for the renewal of a registration shall submit to the collector, on or before October 1st of each year the fee and a sworn statement setting forth the information in Section 4-314. (Ord. 388 1 (part), 1991) 4-316 - Business registration fee. The business registration fee imposed under this chapter shall be fixed by resolution adopted by the city council. (Ord. 388 1 (part), 1991) 4-317 - No proration of registration fee. The amount of the registration fees for a business operating for a period less than a full calendar year shall not be prorated. (Ord. 388 1 (part), 1991) 4-318 - Grounds for denial of registration. A registration or renewal of a registration may be denied for one of the following causes: (a) (b) The application is not on the form provided or does not contain the required information; The application contains materially false information;
(c)
Noncompliance with requirements of this chapter;
(d) The vehicle to be used in the business is inadequate or unsafe for the purpose for which it is to be used, or the building or structure where the business is located does not comply with applicable law; (e) The business would interfere with or unreasonably obstruct the free flow of vehicular traffic, or with other means of travel on a public street, or with pedestrian traffic on a sidewalk; (f) (g) Another permit required for the business has not been obtained from the city; or The conduct of the business or activity is contrary to law.
(Ord. 388 1 (part), 1991) 4-319 - Transferability where change of location or ownership. A business registration is not transferable. However, where a registration is issued authorizing a person to carry on a business at a particular place, the registrant may, upon application and payment of the fee fixed by resolution, have the registration amended to authorize the transacting and carrying on of the business under the registration at another location. (Ord. 388 1 (part), 1991) 4-320 - Duplicate registration. The collector may issue a duplicate registration to replace a registration previously issued which has been lost or destroyed, upon the registrant filing a statement of such fact and the payment of a duplicate registration fee of $25.00. (Ord. 388 1 (part), 1991) 4-321 - Posting and display of registrations. (a) Each registrant carrying on business at a fixed place of business in the city shall keep the registration posted in a conspicuous place upon the premises. (b) Each registrant carrying on business in the city but not operating at a fixed place of business in the city shall keep the registration upon his or her person or in the vehicle used for the business while carrying on the business for which it is issued. (Ord. 388 1 (part), 1991) 4-322 - Additional powers of collector. (a) The collector may for good cause shown extend the time for filing a required sworn statement or application for a period not exceeding 30 days and to waive the penalty that would otherwise accrue. (b) The collector may determine whether or not a person is engaged in business in the city when that question arises as a result of an occasional or a single isolated transaction during the course of a calendar year. (Ord. 388 1 (part), 1991)
4-323 - Penalty for failure to pay business registration fee. The business registration fee is due on or before the 30th day following the date of the invoice for the fee and is delinquent on the 30th day following the date of the invoice. The penalty for failure to pay the fee when due is $25.00 plus interest as provided in Section 1-602 of the Municipal Code. (Ord. 388 1 (part), 1991) 4-324 - Doing business without registration does not waive requirements. The conviction and punishment of a person for transacting a business without a registration does not excuse or exempt that person from the payment of the fee. (Ord. 388 1 (part), 1991) 4-325 - Violation is an infraction. It is unlawful for a person to transact, carry on or engage in a business, trade, profession, calling or occupation in the city without paying the business registration fee. The violation of this chapter is an infraction. (Ord. 388 1 (part), 1991)
Chapter 4-4 - PEDDLERS, SOLICITORS AND CANVASSERS [3]

Editor's note The City of Lafayette Ord. No. 131, adopted Feb. 24, 1975 adopted by reference Ch. 56-4, Arts. 56-4.20256-4.1206 inclusive of Title 5 of the Contra Costa Code which pertained to solicitors and peddlers. Ord. No. 579, 1, adopted Jan. 26, 2009, repealed Ch. 56-4, Arts. 56-4.20256-4.1206 inclusive of Title 5 of the Contra Costa Code and enacted the following provisions.
(3)
Sections:
4-401 - Findings and purpose. 4-402 - Definitions. 4-403 - PermitRequired and nontransferable. 4-404 - PermitDisplay requirements. 4-405 - PermitApplication and issuance. 4-406 - PermitRevocation. 4-407 - AppealsProcedure and fee. 4-408 - Hearing and decision. 4-409 - Solicitation, peddling or canvassing where sign displayed is prohibited. 4-410 - Solicitation time limitation. 4-411 - Books and records. 4-412 - Exemptions. 4-413 - Violations and penalties. 4-414 - Enforcement.
4-401 - Findings and purpose. (a) This chapter is based on the following findings: (1) Unregulated door-to-door peddling and soliciting constitutes a serious concern for the City of Lafayette. (2) The goal of protecting residents from fraud and crime and thereby promoting the safety and privacy of residences within the city is a legitimate, urgent, and substantial governmental objective. (3) The city has a legitimate interest in preventing fraudulent or criminal activities which may result from unregulated peddling and soliciting. (4) The city has a legitimate interest in protecting its residents' privacy by preventing unwanted peddling, soliciting and canvassing which is forced upon them. (5) The city has a legitimate interest in protecting its residents' safety and privacy by reasonably limiting the hours of soliciting, peddling and canvassing and requiring permits in a content neutral manner. (6) All of these goals may properly be served by this narrowly tailored regulation which requires peddlers and solicitors to obtain a permit prior to engaging in any peddling or soliciting within the city, reasonably limits the hours of activities, and prohibits peddling, soliciting and canvassing of occupants on property where residents have posted a sign prohibiting such activities which complies with this chapter. (b) The purpose of this chapter is to balance First Amendment rights and the health, safety and welfare of the City of Lafayette and its residents. (Ord. No. 575, 2, 7-28-2008) 4-402 - Definitions. For purposes of this chapter, the following definitions shall apply. (a) "Peddling" includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, from door to door, place to place, house to house, or street to street, carrying, conveying, or transporting goods, wares, merchandise, other personal property of any nature or services in which the person deals. A person who engages in the act of peddling shall be referred to as a "peddler." (b) "Soliciting" includes the act of any person, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, from door to door, place to place, house to house, or street to street, requesting directly or indirectly, money, credit, personal property, or other thing of value or taking or attempting to take orders for the sale of goods, wares and merchandise, or personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future. A person who engages in the act of solicitation shall be referred to as a "solicitor." (c) "Canvassing" includes the act of any person, other than a peddler or a solicitor, whether a resident of the city or not, traveling by foot, vehicle, or any other type of conveyance, who goes
from door to door, place to place, house to house, or street to street conducting a poll, survey, or petition drive, or sharing, communicating or otherwise conveying ideas, views or beliefs, or disseminating oral or written information to a person willing to directly receive such information, whether political, religious, commercial, noncommercial, charitable or otherwise. A person who engages in the act of canvassing shall be referred to as a "canvasser." (d) "Handbilling" includes the act of any person who casts, deposits, places, scatters or throws any commercial or noncommercial handbill, pamphlet, circular, newspaper, paper, booklet, poster, leaflet, or other printed matter onto the property of a business or residence in the absence of a subscription agreement. (e) "Person" shall mean any individual, group, firm, partnership, corporation, joint venture, company, club, association, religious organization, sect, denomination, society, league, and any other organization. (f) "Police department" shall mean the Lafayette police department.
(Ord. No. 575, 2, 7-28-2008) 4-403 - PermitRequired and nontransferable. It is unlawful for any person to peddle or solicit as described in subsections 4-402(a) or 4-402(b) without having a permit from the city issued pursuant to this chapter that is valid, unrevoked and in effect at all times. Such permit shall not be transferred to any person or used by any person other than the person named in and issued the permit. (Ord. No. 575, 2, 7-28-2008) 4-404 - PermitDisplay requirements. Every solicitor or peddler, at all times while engaged in soliciting or peddling shall wear a driver's license or other valid photo identification card, showing such peddler or solicitor's name and permanent address, and the permit issued to him or her by the police department pursuant to this chapter, and when so soliciting or peddling shall display the same upon demand of any police officer of the city and upon demand of any person to whom he or she is soliciting or peddling. No person issued a permit shall alter, remove, or obliterate any entry made upon such permit, or deface such permit in any way. (Ord. No. 575, 2, 7-28-2008) 4-405 - PermitApplication and issuance. (a) An application for a peddlers and solicitors permit pursuant to this chapter shall be made to the Lafayette police department on a form provided by the police department, signed under penalty of perjury and accompanied by a fee as set by resolution of the city council which shall not exceed the actual cost of processing the application. Such application shall be filed with the police department. The police department shall verify the accuracy of the information set forth in the application and shall deny the permit if the application contains false information; if the applicant has ever been convicted of any felony; if the applicant has ever been convicted of any misdemeanor involving theft, violence, drugs, crimes of a sexual nature or acts of a trespassing nature; or if the entity on whose behalf the applicant will be peddling or soliciting, where applicable, has previously been found to have engaged in fraudulent business practices. Otherwise, the permit shall be issued no more than five business days following the police department's receipt of a completed application accompanied by the application
fee. (b) The application required in this chapter shall contain all of the following information: (1) (2) (3) Name and birth date of the applicant; Permanent home address and local address of the applicant; The name and address of the person by whom the applicant is employed, if applicable;
(4) A brief description of the nature of the applicant's business and goods to be sold and the location and premises where the activity will be conducted; (5) The length of time applicant has engaged in such business and the dates and places he has been engaged therein during the preceding five years; (6) Statement as to whether or not the applicant holds a state license for such sales, and if so, copy of sales tax certificate issued by state and sales tax number; (7) Statement setting forth the dates of permits granted to the applicant by the city for the preceding five years; (8) Statement whether or not the applicant or any person financially interested in the business has ever been convicted of any felony; convicted of any misdemeanor involving theft, violence, drugs, crimes of a sexual nature, or acts of a trespassing nature; or of a violation of a local agency ordinance, and if so, the nature of the offense, the date of such conviction and the sentence imposed, if any, and the court in which each conviction and sentence was entered; (9) Statement whether or not the business on whose behalf applicant will be peddling or soliciting has ever been found to have engaged in fraudulent business practices. (c) All such applications shall be accompanied by the fee established by the city council. The application fee is not refundable. (d) If while such application is pending, or during the term of any permit granted pursuant to this chapter, there is any change in fact that would alter the information given in the application, the applicant shall notify the police department in writing within 24 hours of such change. Such change in fact may constitute grounds for revocation. (e) Such permit shall be valid for not more than 180 days following the date of issuance unless earlier revoked pursuant to this chapter. (f) The permit shall bear the name and address of the person by whom the solicitation or sale is to be made, the number of the permit, the date of issuance and expiration, and the kind of goods or services to be peddled or solicited pursuant to such permit, together with a statement that the permit does not constitute an endorsement by the city or any of its departments, officers or employees of the purpose of the person conducting the solicitation or sale. (Ord. No. 575, 2, 7-28-2008) 4-406 - PermitRevocation. (a) Any permit applied for or issued pursuant to this chapter may be denied or revoked at any time by
the police department for any of the following reasons: (1) Fraud, misrepresentation or false statement contained in the application for a permit;
(2) Fraud, misrepresentation or false statement contained in the course of carrying on the activity authorized by such permit; (3) Violation of any provision of this chapter;
(4) Conducting the activity authorized by the permit in an unlawful manner, or in such a manner as to cause a breach of the peace or as to constitute a menace to the health, safety, or general welfare of the public; (5) Conviction of any felony; conviction of or any misdemeanor involving theft, violence, drugs, crimes of a sexual nature, or of a trespassing nature; or finding of fact that if known would have prevented the initial issuance of the permit; or (6) Failure to pay any judgment arising from or connected with the activities authorized by the permit. (b) The police department shall give written notice of the suspension or revocation of the permit to the permittee either in person or by mail at the address listed on the permittee's application. (Ord. No. 575, 2, 7-28-2008) 4-407 - AppealsProcedure and fee. Any person aggrieved by any action of the city or police department pursuant to this chapter or who wishes to challenge the decision of the police department on any permit application including but not limited to the police department's decision to issue or deny a permit shall file a letter of appeal with the city clerk within ten days of the aggrieving action. The letter shall be addressed to the city council, shall set forth the grounds for the appeal and shall be accompanied by permittee's appeal fee as established by resolution of the city council. The city council shall set the time and place for hearing such appeal, and written notice of such time and place shall by given to the applicant by the city clerk either in person or by mail at the address listed in the permittee's application at least ten days prior to the date set for the hearing at which hearing the applicant will present his case and any other interested person may present testimony for or against the applicant. (Ord. No. 575, 2, 7-28-2008) 4-408 - Hearing and decision. (a) At the time and place specified in the notice, or at such later time to which the hearing may be continued, the city council shall hear the appeal. (b) The applicant has the burden of presenting all necessary evidence from which findings required by this section may be made. The city council may order a permit be issued to the applicant if it finds that all of the following conditions are satisfied: (1) (2) The application has been fully, accurately, and truthfully completed; The applicant has not been convicted of any felony; and the applicant has not been convicted
of any misdemeanor involving theft, violence, drugs, crimes of a sexual nature, or of a trespassing nature; (3) The business for which the applicant proposes to peddle or solicit has never been found to have engaged in fraudulent business practices; (4) (5) Neither the applicant nor his operation is likely to be injurious to the public welfare; and All applicable laws and ordinances are complied with.
(c) If the city council does not make all of these findings, it shall deny the appeal. The decision of the city council is final. (d) The city council may impose reasonable conditions on the issuance of a permit which is granted upon appeal. (Ord. No. 575, 2, 7-28-2008) 4-409 - Solicitation, peddling or canvassing where sign displayed is prohibited. (a) No peddler, solicitor, or canvasser shall ring the bell of, or knock on the door of, or attempt to gain admittance to any residential property, or contact or attempt to contact any occupant of any house or dwelling, where there is posted, affixed or otherwise displayed, in letters not less than one inch in height and clearly visible from the public right-of-way or normal entryway to such house or dwelling, a sign prohibiting such soliciting, peddling or canvassing. (b) No peddler or solicitor shall attempt to peddle or solicit on any private commercial property, including those normally open to the general public, where there is posted at all entrances thereto, in letters not less than one inch in height, and clearly visible to persons entering, a sign or placard prohibiting such soliciting or peddling. (Ord. No. 575, 2, 7-28-2008) 4-410 - Solicitation time limitation. No person shall engage in any act of peddling, soliciting, or canvassing between the hours of 6 p.m. and 9 a.m. local time, except by appointment. (Ord. No. 575, 2, 7-28-2008) 4-411 - Books and records. Every person who engages in soliciting or peddling shall maintain a system of accounting whereby all monies collected by such person are entered upon the books or records of such person. (Ord. No. 575, 2, 7-28-2008) 4-412 - Exemptions. (a) The provisions of Section 4-403 shall not apply to the act of carrying, conveying, delivering or transporting milk, dairy products, newspapers or other goods to regular customers on established routes, to solicitation at wholesale or business premises within the city, or to charitable or religious solicitations that are conducted solely by members of said charity or religion at regular assemblies,
meetings or services. (b) The provisions of Section 4-403 shall not apply to persons age 15 and under. These persons shall remain subject to all other applicable regulations set forth in this chapter. (c) Nothing in this chapter shall prohibit persons from distributing handbills door-to-door within the city without a permit, subject to the regulations set forth in this chapter. However, any act of handbilling shall comply with any regulation the city may from time to time adopt relating to the distribution of handbills. (d) Nothing in this chapter shall prohibit persons from canvassing door-to-door within the city without a permit, subject to the regulations set forth in this chapter. Additionally, solicitation of donations made incidental to such canvassing is excluded from the permit requirements of this chapter. (Ord. No. 575, 2, 7-28-2008) 4-413 - Violations and penalties. Engaging in or practicing any activity described in subsections 4-402(a) or 4-402(b) without first having procured a permit to do so, or engaging in or practicing any activity described in subsections 4-402(a), 4-402(b) or 4-402(c) without complying with any and all regulations of such activity contained in this chapter, constitutes a nuisance and a separate violation of this chapter for each and every act that is engaged in or carried on in violation of this chapter. In addition, any person who violates the provisions of this chapter shall be deemed guilty of an infraction for the first violation and a misdemeanor for each subsequent violation thereafter, and shall be subject to penalty as set forth in Section 1-302 of this Code. (Ord. No. 575, 2, 7-28-2008) 4-414 - Enforcement. It shall be the duty of the police department to investigate any complaints of violations of this chapter and to enforce the provisions of this chapter. (Ord. No. 575, 2, 7-28-2008)
Title 5 - HEALTH AND SANITATION* Chapter 5-6 - CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
Title 5 - HEALTH AND SANITATION*

Chapters:
Chapter 5-1 - Repealed by Ordinance 371, effective 11/24/88 Chapter 5-2 - NOISE Chapter 5-3 - SMOKING Chapter 5-4 - STORMWATER POLLUTION PREVENTION REGULATIONS* Chapter 5-5 - RESTRICTIONS ON THE ADVERTISING, ACCESS AND PROMOTION OF TOBACCO PRODUCTS TO MINORS Chapter 5-6 - CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING
Chapter 5-2 - NOISE

Sections:
5-201 - Declaration of policy. 5-202 - Definitions. 5-203 - Noise control officer (NCO). 5-204 - General noise regulation. 5-205 - Maximum permissible noise levels by receiving land use. 5-206 - Noise measurement procedure. 5-207 - Prohibited acts. 5-208 - Special provisions. 5-209 - Exception permits.
5-201 - Declaration of policy. It is declared to be the policy of the city that the peace, health, safety and welfare of the citizens of Lafayette require protection from excessive, unnecessary, annoying and unreasonable noises from any and all controllable noise sources in the community. It is the intention of the city council to control the adverse effect of such noise sources on the citizen under any normal condition of use, especially those conditions of use which have the most severe impact upon any person.
(Ord. 177 1 (part), 1977) 5-202 - Definitions. For the purposes of this chapter, certain terms are defined as follows: (a) "Ambient noise level" means the composite of noise from all sources, near and far. In this context, the ambient noise level constitutes the normal or existing average level of environmental noise at a given location, technically the level exceeded fifty percent of the time or L50. (b) "A-weighted sound level" means the sound level, expressed in decibels, as measured with a sound level meter using the A-weighted network to approximate the frequency characteristics of human hearing, as specified in American National Standards Institute specifications for sound level meters (ANSI S1.4-1971, or the latest approved version thereof). The level so measured is designated "dBA." (c) "Commercial purpose" means the use, operation or maintenance of any sound-amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to, or advertising for, or soliciting patronage of customers to or for any performance, show, entertainment, exhibition or event, or for the purpose of demonstrating such sound equipment. (d) "Construction" means any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property. (e) "Decibel" means a unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals. (f) "Emergency" means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action. (g) "Emergency work" means any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency. (h) "Fixed noise source" means a stationary device which produces sounds while fixed or motionless, including but not limited to residential, agricultural, industrial and commercial machinery and equipment, pumps, fans, compressors, air conditioners and refrigeration equipment. (i) "Impulsive sound" means sound of short duration, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, hammer impacts and the discharge of firearms. (j) "Local background noise level" means the minimum A-weighted sound level repeated during a six-minute period as measured on a sound level meter using "slow" meter response. The local background noise level shall be determined with the noise source at issue silent, and in the same location as the measurement of the noise level of the source or sources at issue. (k) "Mobile noise source" means any noise source other than a fixed noise source.
(l) Motor vehicle" means any self-propelled vehicle as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said code, and all off-highway type motor vehicles subject to identification under said code. (m) "Noise" means any sound which annoys or disturbs human beings or which causes or tends to cause an adverse psychological or physiological effect on human beings. (n) "Noise control officer (NCO)" means the city manager or any other city employee or contractor designated by the city manager. (o) "Noise level" means the maximum continuous sound level or repetitive peak level produced by a source or group of sources, as measured with a type 2 general purpose sound level meter using the A-weighted scale and with the meter response function set to "slow." (p) "Noise zone" means any defined areas or regions of a generally consistent land use wherein the ambient noise levels are within a range of five dB. (q) "Pure tone" means any sound which can be distinctly heard as a single pitch or a set of single pitches. (r) "Real property boundary" means a line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions. (s) "Sound-amplifying equipment" means any device for the amplification of the human voice, music or any other sound, excluding (1) standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and (2) warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle, used only for traffic safety purposes. (t) "Sound" means an oscillation in pressure, particle displacement, particle velocity or other physical parameter in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency. (u) "Sound level meter" means an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, complying with the requirements for type 2 or at least type S2A general purpose meters as delineated in American National Standards Institute specifications for sound level meters, S1-4.1971, or the most recent revision thereof. (v) "Weekdays" means every day, except Sundays and holidays.
(Ord. 177 1 (part), 1977) 5-203 - Noise control officer (NCO). (a) In order to implement and enforce this chapter and for the general purpose of noise abatement and control, the noise control officer shall have the authority to: (1) Investigate and pursue possible violations of this chapter;
(2) Review public and private projects. On all public and private projects which are likely to cause noise in violation of this chapter and which are subject to mandatory review or approval by any city officer, employee or commission: (A) Review for compliance with the intent and provisions of this chapter, (B) Require sound analyses which identify existing and projected noise sources and associated noise levels, (C) Require usage of adequate measures to avoid violation of any provision of this chapter; (3) Perform inspections. After requesting permission to do so, and upon presentation of identification as the noise control officer, enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or by some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be requested from a court of competent jurisdiction upon showing of probable cause to believe that a violation of this chapter may exist. Such inspection may include administration of any necessary tests; (4) Develop measurement and enforcement procedures. In order effectively to implement and enforce this chapter, the noise control officer shall, within a reasonable time after the effective date of the ordinance codified in this chapter: (A) Develop measurement standards and procedures which will further the purposes of this chapter, (B) Develop administrative procedures which will provide for effective enforcement of this chapter. (b) In the enforcement of this chapter, it shall be the policy of the noise control officer to stress voluntary compliance with the provisions hereof, and to seek resolution of problems through cooperation and mutual agreement between those involved. (Ord. 177 1 (part), 1977) 5-204 - General noise regulation. (a) Notwithstanding any other provision of this chapter, and in addition thereto, it shall be unlawful for any person wilfully to make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood or which causes discomfort or annoyance to persons residing in the area. (b) The standards which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not be limited to, the following: (1) (2) (3) (4) The sound level of the objectionable noise; The ambient noise level; Whether the nature of the noise is usual or unusual; The proximity of the noise to residential sleeping facilities;
(5) (6) (7) (8) (9)
The nature and zoning of the area from which the noise emanates; The density of the inhabitation of the area from which the noise emanates; The time of day or night the noise occurs; The duration of the noise and its tonal, informational or musical content; Whether the noise is continuous, recurrent or intermittent;
(10) Whether the noise is produced by a commercial or noncommercial activity. (Ord. 177 1 (part), 1977) 5-205 - Maximum permissible noise levels by receiving land use. (a) The noise standards for the various categories of land use identified by the noise control officer as presented in Table 5-205 shall, unless otherwise specifically indicated, apply to all such property within a designated zone. (b) No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of same on any property owned, leased, occupied or otherwise controlled by such person, any noise which causes the noise level when measured on any other property to exceed: (1) The noise standard for that land use as specified in Table 5-205 for a cumulative period of more than 30 minutes in any hour; (2) (3) (4) or (5) The noise standard plus five dB for a cumulative period of more than 15 minutes in any hour; The noise standard plus ten dB for a cumulative period of more than five minutes in any hour; The noise standard plus 15 dB for a cumulative period of more than one minute in any hour; The noise standard plus 20 dB for any period of time.
(c) If the measured local background noise level exceeds that permissible for the applicable time period within any of the first four noise limit categories described in subsection (b), the allowable noise exposure standard shall be increased in five-dB increments in each category as appropriate to encompass or reflect said ambient noise level. Table 5-205 Outdoor Noise Limits Receiving Land Use Category Time Period Noise Level Limit StandarddBA
Single-family residential
10 p.m.7 a.m. 7 a.m.10 p.m.
45 50
Multifamily residential schools, libraries, public spaces
10 p.m.7 a.m. 7 a.m.10 p.m. 10 p.m.7 a.m. 7 a.m.10 p.m.
50 55 55 60
Commercial
(d) In the event the alleged offensive noise contains a steady, audible tone such as a whine, screech or hum, or is an impulsive noise such as hammering, or contains music or speech conveying informational content, the standard limits set forth in Table 5-205 shall be reduced by five dB. (Ord. 177 1 (part), 1977) 5-206 - Noise measurement procedure. (a) Upon receipt of a complaint from a citizen, the noise control officer or his agent, equipped with sound-level measurement equipment satisfying the requirements specified in Section 5-202, shall investigate the complaint. If, in the opinion of the noise control officer, based upon the readily available and observable information and upon the detailed allegations of the complainant, there is probable cause to suspect a violation of this chapter, the noise control officer shall make and record sound level measurements and shall record all information pertinent to the complaint, including the following: (1) (2) (3) (4) (5) (6) Type of noise source; Location of noise source relative to complainant's property; Time period during which noise source is considered by complainant to be intrusive; Total duration of noise produced by noise source; Date and time of noise measurement survey; Height and location of the sound level meter microphone.
(b) Utilizing the "A" weighting scale of the sound level meter and the "slow" meter response ("fast" response for impulsive type sounds), the noise control officer or his agent shall measure the noise level at a position or positions along the complainant's property line closest to the noise source or at the location along the boundary line where the noise level is at maximum. In general, the microphone shall be located five feet above the ground and six feet or more from the nearest reflective surface, where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. Using an acoustic calibrator, calibration of the meter used shall be performed immediately prior to the measurements. (Ord. 177 1 (part), 1977)
5-207 - Prohibited acts. Except as may otherwise be provided in this chapter, it shall be unlawful for any person to do, or cause to be done, any of the following prohibited acts: (a) Radios, Television Sets, Musical Instruments and Similar Devices. Operating, playing or permitting the operation or playing of any radio, television set, phonograph, drum, musical instrument or similar device which produces or reproduces sound: (1) Between the hours of ten p.m. and seven a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line or at any time to violate the provisions of Section 5-205, or (2) In such a manner as to exceed the levels set forth for public space in Table 5-205, measured at a distance of at least 50 feet (15 meters) from such device operating on a public right-of-way or public space; (b) Loudspeakers (Amplified Sound). Using or operating for any purpose any loudspeaker, loudspeaker system or similar device between the hours of ten p.m. and seven a.m., such that the sound therefrom creates a noise disturbance across a residential real property line, or at any time violates the provisions of Section 5-205 (c) Animals and Birds. Owning, possessing or harboring any animal or bird which frequently or for long duration howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line; (d) Loading and Unloading. Except for the regular collection of garbage and other refuse by a person franchised to engage in that activity, loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of ten p.m. and seven a.m. in such a manner as to cause a noise disturbance across a residential real property line or at any time to violate the provisions of Section 5-205 (e) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, repair, alteration or demolition work between the hours of ten p.m. and seven a.m. on weekdays, or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential or commercial real property line or at any time violates the provisions of Section 5-205, except for emergency work of public service utilities. This subsection shall not apply to the use of domestic power tools for maintenance purposes; (f) Domestic Power Tools and Equipment. (1) Operating or permitting the operation of any portable, mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar tool for maintenance purposes between ten p.m. and seven a.m. so as to create a noise disturbance across a residential or commercial real property line, (2) Any stationary installed motor, machinery, pump, etc. shall be sufficiently enclosed or muffled and maintained as not to create a noise disturbance or at any time violate the provisions of Section 5-205 (g) Warning Signals. Operating or permitting the operation of any vehicle horns or other devices intended primarily to create a loud noise for warning purposes, when the vehicle is at rest, or when
a situation endangering life, health or property is not imminent; (h) Air-conditioning and Air-handling Equipment. Operating or permitting the operation of any air-conditioning or air-handling equipment in such a manner as to exceed the applicable sound levels contained in Table 5-207 (i) Swimming Pool Equipment. Operating or permitting the operation of any residential swimming pool equipment between the hours of eight p.m. and eight a.m., except when below-freezing temperatures are predicted for the city, or on days of electric power shortages; or at other times in such a manner as to exceed the applicable sound levels contained in Table 5-207 Table 5-207 Maximum Allowable Sound Levels for Air-Conditioning, Air-Handling and Swimming Pool Equipment Measurement Location Units Installed Before 1-1-78 Units Installed On or After 1-1-78
Any point on neighboring residential property line, 5 feet above grade level, no closer than 3 feet from any wall Center of neighboring patio, 5 feet above grade level, no closer than 3 feet from any wall Outside the neighboring living area window nearest the equipment location, not more than 3 feet from the window opening, but at least 3 feet from any other surface At 50 feet from equipment if the above locations are at greater distance: Commercial zone Residential zone
Page 8 of 57
50
45
45
40
45
40
60 50
55 55
(Ord. 177 1 (part), 1977) 5-208 - Special provisions. (a) Daytime Exceptions. Any mobile noise source which does not produce a noise level exceeding 70 dBA at a distance of 25 feet under its most noisy condition of use shall be exempt from the provisions of Section 5-205 and 5-207 between the hours of eight a.m. and eight p.m. on weekdays, and between the hours of ten a.m. and six p.m. on Sundays and holidays. (b) Safety Devices. Aural warning devices which are required by law to protect the health, safety and welfare of the community shall not produce a noise level more than three dB above the standard or minimum level stipulated by law. (c) Emergencies. Emergencies and emergency work are exempt from the provisions of this chapter.
(d) Construction and Maintenance. Notwithstanding any other provision of this chapter, between the hours of eight a.m. and eight p.m. on weekdays and between the hours of ten a.m. and six p.m. on Sundays and holidays, construction, alteration and repair activities which are authorized by a valid city permit; and maintenance activities such as lawn mowing, rotovating, tree trimming and painting, which require no city permit (but not including the operation of stationary, installed equipment, such as swimming pool and air-conditioning motors and devices), shall be allowed if they meet at least one of the following noise limitations: (1) No individual piece of equipment shall produce a noise level exceeding 83 dBA at a distance of 50 feet. If the device is housed within a structure on the property, the measurement shall be made outside the structure at a distance as close to 25 feet from the equipment as possible. (2) The noise level at the nearest affected property shall not exceed 80 dBA.
(e) Sound Performances and Special Events. Sound performances and special events not exceeding 80 dBA measured at a distance of 50 feet are exempt from the provisions of this chapter when approval therefor has been obtained from the appropriate governmental entity. (f) Agricultural Operations. All mechanical devices, apparatus or equipment associated with agricultural operations conducted on agricultural property are exempt from the provisions of this chapter unless in the vicinity of residential land uses, in which case the following conditions shall apply: (1) Operations may take place only between six a.m. and eight p.m.;
(2) Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; (3) Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with applicable law and regulations; or (4) Such devices utilized for pest control which incorporate stationary or mobile noise sources are operated only by permit issued by the noise control officer. The allowable hours and days for operation of these devices will be specified in the permit.
(g) Outdoor Activities. The provisions of this chapter shall not apply to occasional outdoor gatherings, public dances, shows and sporting and entertainment events, provided such events are conducted pursuant to a permit or license issued by the city. (Ord. 177 1 (part), 1977) 5-209 - Exception permits. If any person can prove to the noise control officer that a diligent investigation of available noise abatement techniques indicates that immediate compliance with the requirements of this chapter would be impractical or unreasonable, a permit to allow an exception from the provisions contained in all or a portion of this chapter may be issued, after appropriate notice and hearing, by the noise control officer, with suitable conditions to minimize the public detriment caused by such exception. Any such permit shall be of as short duration as reasonable, not exceeding six months, but renewable for additional six-month periods upon a showing of good cause; and shall be conditioned by a schedule for compliance and by details of methods therefor in appropriate cases. Any person aggrieved by the decision of the noise control officer may appeal to the city council pursuant to the appeal procedures provided in Sections 4-118 and 4-119 of this code. (Ord. 177 1 (part), 1977)
Chapter 5-3 - SMOKING

Sections:
5-301 - Findings. 5-302 - Purpose. 5-303 - Definitions. 5-304 - City-owned facilities and property. 5-305 - Prohibition of smoking in enclosed places. 5-306 - Regulation of smoking in places of employment. 5-307 - Optional smoking areas. 5-308 - Posting requirements. 5-309 - Vending machines. 5-310 - Distribution of free samples and coupons. 5-311 - Out of package sales. 5-312 - Enforcement. 5-313 - Penalties. 5-314 - Nonretaliation. 5-315 - Other applicable laws.
5-301 - Findings. The city council finds that: (a) The U.S. Environmental Protection Agency has determined that tobacco smoke is the major contributor of particulate indoor air pollution;
(b) Reliable studies have shown that breathing sidestream or secondhand smoke is a significant health hazard, in particular for elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; (c) Health hazards induced by breathing sidestream or secondhand smoke include heart disease, lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction and bronchospasm; (d) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to the same; (e) The smoking of tobacco, or any other weed or plant, is a danger to health;
(f) The health care costs and lost productivity incurred by smoking-related disease and death represent a heavy and avoidable financial drain on our community; and (g) (1) The free distribution of cigarettes and other tobacco products encourages people to begin smoking and using tobacco products, and tempts those who had quit smoking to begin smoking again, and (2) Free distribution of cigarettes and other tobacco products promotes unsightly litter, thereby increasing the costs to the public in cleaning the streets, and also causes pedestrian traffic congestion. (Ord. 393 1 (part), 1992) 5-302 - Purpose. The purpose of this chapter is to generally promote the health, safety and welfare of all people in the community against the health hazards and harmful effects of the use of addictive tobacco products. (Ord. 393 1 (part), 1992) 5-303 - Definitions. In this chapter unless context otherwise requires: (a) "Area open to the public" means any area available to and customarily used by the general public. (b) "Bar" means an area which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages (Department of Alcoholic Beverage Control Type 61, 42 or 48 licenses). That area of a restaurant which is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages is also considered a bar. An area in which food service is only incidental may not exceed 40 percent of a restaurant's total seating capacity. (c) "Bowlers' settee" means the area immediately behind the bowling lane in which score is kept and seating is provided for bowlers waiting their turn to bowl.
(d) "Bowling center concourse" means that area separated from the bowling lane, bowlers' settee and visitors' settee by at least one step or a physical barrier. (e) "Bowling lane" means and includes a bowler's approach, the foul line and the lanes.
(f) "Distribute" means to give, sell, deliver, dispense, issue, or cause or hire any person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense or issue. (g) "Employee" means a person who is employed by an employer in consideration for direct or indirect monetary wages or profit. (h) "Employer" means and includes a person, municipal corporation or public entity, who employs the services of one or more persons to conduct business within the establishment. (i) "Enclosed" means closed in by a roof and walls with appropriate openings for ingress and egress. (j) "General public" means shoppers, customers, patrons, patients, students, clients and other similar invitees of a commercial enterprise or nonprofit entity. (k) "Place of employment" means any enclosed area under the control of a public or private employer which employees normally frequent during the course of employment, including but not limited to, work areas, employee lounges, conference rooms and employee cafeterias, except for those places specified in Section 5-307. A private residence is not a place of employment unless it is used as a child care or health care facility. (l) "Smoking" means the carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind. (m) "Sports arena" means sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling center, hall, and other similar place where members of the public assemble to engage in physical exercise, participate in athletic competition, or witness sports events. (n) "Vending machine" means any electronic or mechanical device or appliance the operation of which depends upon the insertion of money, whether in coin or paper bill, or other thing representative of value, which dispenses or releases tobacco product or tobacco accessories. (o) "Visitors' settee" means seating provided immediately behind the bowlers' settee.
(Ord. 445 1, 1995: Ord. 393 1 (part), 1992) 5-304 - City-owned facilities and property. Smoking is prohibited in every building, vehicle, or other enclosed area occupied by a city employee that is owned or leased by the city or otherwise operated by the city. Smoking is prohibited, whether indoors or outdoors, on all city-owned property, including without limitation the Lafayette Library and Learning Center, the Lafayette Community Center, the Lafayette Corporation Yard, and Lafayette public parks, except on city owned streets open to normal traffic and on adjacent sidewalks. (Ord. 393 1 (part), 1992)
(Ord. No. 576, 3, 10-26-2009) 5-305 - Prohibition of smoking in enclosed places. (a) Smoking is prohibited in each of the following places within the city and city-owned facilities to the extent prescribed by law: (1) Every enclosed area available to and customarily used by the general public and every business patronized by the public, including but not limited to a restaurant, retail store, the common area of a hotel and motel, pharmacy, bank, shopping mall, and office; (2) Waiting room, hallway, ward, and semiprivate room of a health facility, including but not limited to a hospital, clinic, physical therapy facility, doctor's office, except that a health facility is also subject to Section 5-306 regulating smoking in a place of employment; (3) Elevator, public restroom, indoor service line, bus, taxicab and other means of public transit under the authority of a public entity, and in a ticket, boarding, and waiting area of a public transit deport. However, this prohibition does not prevent the establishment of a separate waiting area for smokers and nonsmokers, provided that at least 60 percent of a given waiting area is designated as a nonsmoking area; (4) In public areas of a museum and gallery, except that a museum and gallery is also subject to Section 5-306 regulating smoking in places of employment; (5) Theater, auditorium, concert facility and hall which is used for motion pictures, stage drama and musical performance, ballet or other exhibition, both indoor and outdoor, except when smoking is part of such production. However, in an outdoor facility a designated smoking area may be provided which is segregated from nonsmoking areas. Where seating area is provided in an outdoor facility, no more than 40 percent of the total seats of the facility may be designated as smoking seats; (6) Retail food marketing establishment, including a grocery store and supermarket;
(7) Public school and other public facility under the control of another public agency, which is available to and customarily used by the general public, to the extent that it is subject to the jurisdiction of the city; (8) Sports arena, both indoor and outdoor, and a convention hall. However, in an outdoor sports arena, a designated smoking area may be provided which is segregated from a nonsmoking area. Where spectator seating is provided at an outdoor arena, no more than 40 percent of the seats may be designated as smoking seats; (9) Bowling center including but not limited to a bowling lane, bowlers' settee, visitors' settee, the bowling center concourse and gameroom. The owner, manager or operator of the bowling center shall post signs as prescribed by Section 5-308(a) and remove all ashtrays from nonsmoking areas; (10) Private residence when used as a child care or health care facility. Such board and care facility shall provide smokefree living quarters for nonsmoking boarders; and (11) Bingo parlor. However, a separate enclosed room may be designated as a smoking room if no one under 18 years of age is admitted, but only until January 1, 1997 or the date of adoption of
regulations by OSHA or federal EPA reducing permissible employee exposure level to environmental tobacco smoke to a level that will prevent anything other than insignificant effects to exposed employees, whichever is earlier. The owner, manager or operator of the bingo parlor shall post signs as prescribed by Section 5-308(a) and remove all ashtrays from the nonsmoking room. (b) An owner, operator, manager or other person who controls an establishment described in this section may declare that the entire establishment is a nonsmoking establishment. (Ord. 445 2, 1995: Ord. 393 1 (part), 1992) 5-306 - Regulation of smoking in places of employment. (a) Smoking is prohibited in any place of employment including, but not limited to every open office area, shared office and private office occupied by an employee performing clerical, technical, administrative or other business or work function, and even a conference and meeting room, classroom, auditorium, rest room, medical facility, hallway and elevator, except for a designated smoking area which complies with Section 5-307(f)(1)(6). (b) The provisions of this chapter shall be communicated to all employees within three weeks of its adoption, and at least annually thereafter. (Ord. 445 3, 1995: Ord. 393 1 (part), 1992) 5-307 - Optional smoking areas. Each of the following areas is not subject to the smoking restrictions of this chapter: (a) A private residence, including one which may serve as a place of employment, except when covered by Section 5-305(a)(10); (b) Hotel and motel room rented to a guest, if the hotel and motel designates not less than 35 percent of its guest rooms as nonsmoking rooms and removes ashtrays from these rooms; (c) Restaurant, hotel and motel conference or meeting room and private assembly room while being used for a private function so long as no food or beverage function is taking place, including setup, service and cleanup activities; (d) Retail store that deals exclusively in the sale of tobacco and smoking paraphernalia;
(e) Bar and license cardroom, where no one under 18 years of age is admitted; however, smoking shall be permitted only until January 1, 1997 or the date of adoption of regulations of OSHA or federal EPA reducing permissible employee exposure level to environmental tobacco smoke to a level preventing other than insignificant harmful effects to exposed employees, whichever is earlier. Upon adoption of such regulations prior to January 1, 1997, the premises has two years within which to come into compliance with those ventilation regulations, during which time smoking would continue to be permitted; and (f) In a place of employment, an employer may provide a specific smoking area for employees if all of the following conditions are met: (1) The smoking area is provided with a heating, ventilation and air-conditioning (HVAC)
system designed such that none of the air from the smoking area will be recirculated into the other areas of the building, but is exhausted directly to the outside, (2) The smoking area is completely separated from the remainder of the building by solid partition or glassing without an opening other than a door, and each door leading to the smoking area is self-closing. The door shall be provided with a gasket so installed as to provide a seal where the door meets the stop on both sides and across the top. The smoking area shall be a nonwork area where no one is required to enter as part of their job responsibility (job responsibility does not include custodial or maintenance work when the room is unoccupied), (3) The smoking area maintains a minimum negative pressure of 0.005-inch water column relative to a nonsmoking area and ventilation standards adopted by OSHA or federal EPA, whichever is stronger, (4) The employer submits written verification and test results to the city manager/Contra Costa health services department or its designee prepared by a licensed mechanical contractor or engineer that the HVAC system has been designed and tested and meets the requirements set forth in subsections (f)(1) through (3) of this section, (5) If the HVAC system is part of a smoke removal system or pressurization system, modification to the system to provide a smoking area requires approval from the Contra Costa fire protection district. Written verification of this approval shall be provided to the city/county health services department, and (6) If the specific smoking area is an employee break room, lunchroom or other area which may be used by nonsmoking employees, then a separate nonsmoking break room, lunchroom or other area shall be provided of equal or larger size and include at least equal facilities. (Ord. 445 4, 1995: Ord. 393 1 (part), 1992) (Ord. No. 576, 3, 10-26-2009) 5-308 - Posting requirements. (a) "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette, enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is controlled by this chapter, by the owner, operator, manager or other person having control of such building or other place. (b) Every hotel or motel regulated by this chapter shall have posted at its entrance a sign clearly stating that nonsmoking rooms are available, and every patron shall be asked as to his or her preference. (Ord. 393 1 (part), 1992) 5-309 - Vending machines. A coin-operated cigarette vending machine may be located only on premises which have either a Type 61, Type 42 or Type 48 license from the Department of Alcoholic Beverage Control. Each cigarette
vending machine must be located at least 25 feet from any entry into the premises. This section does not apply to a human operated vending machine approved by the county health officer. (Ord. 393 1 (part), 1992) 5-310 - Distribution of free samples and coupons. (a) No person in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute, (1) any cigarette or other tobacco product, including any smokeless tobacco product, or (2) coupon, certificate, or other written material which may be redeemed for tobacco products without charge, to any person on a public street or sidewalk or in a public park or other public ground or in any public building. (b) No agent or employee of any person in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes shall in the course of such business distribute, (1) any cigarette product, or (2) coupon, certificate, or other written material which may be redeemed for tobacco products without charge, to any person on a public street or sidewalk or in a public park or other public ground or in any public building. (c) For purposes of this section, "public ground" and "public building" include a publicly or privately owned sports arena and any entertainment facility whether enclosed or not, except a bar, for which a charge is made for admission. (Amended during 6/96 supplement; Ord. 393 1 (part), 1992) 5-311 - Out of package sales. No person shall sell or offer for sale cigarettes or smokeless tobacco not in the original packaging provided by the manufacturer. (Ord. 393 1 (part), 1992) 5-312 - Enforcement. (a) Administration of this chapter is by the city manager or designee.
(b) A citizen who desires to register a complaint under this chapter may initiate enforcement consideration with the city manager. (c) An owner, manager, operator or employer of any establishment controlled by this chapter may inform a person violating this chapter of its provisions. (Ord. 393 1 (part), 1992) 5-313 - Penalties. (a) It is unlawful for a person who owns, manages, operates or controls the use of premises subject to the restrictions of this chapter to knowingly or intentionally permit smoking in a manner inconsistent with the restrictions of this chapter or to fail to properly post signs required by this chapter. (b) (c) It is unlawful for a person to smoke in an area restricted by this chapter. A person who violates this chapter is guilty of an infraction, punishable by:
(1) (2) (3)
A fine, not exceeding $100.00, for the first violation; A fine, not exceeding $200.00, for a second violation within one year; and A fine, not exceeding $500.00, for each additional violation of this chapter within one year.
(Ord. 445 5, 1995: Ord. 393 1 (part), 1992) 5-314 - Nonretaliation. No person or employer may discharge, refuse to hire, or in any manner retaliate against an employee or applicant for employment because the employee or applicant exercises any rights provided by this chapter. (Ord. 393 1 (part), 1992) 5-315 - Other applicable laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord. 393 1 (part), 1992)
Chapter 5-4 - STORMWATER POLLUTION PREVENTION REGULATIONS*

Sections:
Article 1. - General Provisions Article 2. - Prohibited Discharges, Spill and Discharge Reporting, Cleanup and Training Article 3. - Exempt Discharges Article 4. - Stormwater Pollution Prevention Requirements forConstruction Activities, New Development andRedevelopment, Business Activities, UtilityOperations and Watercourse Protection Article 5. - Compliance Bonds Article 6. - Enforcement and Citations Article 7. - Appeals

5-401 - Purpose, objectives and applicable regulations. 5-402 - Administration and definitions. 5-403 - Authorization to adopt and impose best management practices. 5-404 - Remedies not exclusive.
5-401 - Purpose, objectives and applicable regulations. (a) The purpose of this chapter is to protect and enhance the water quality of the city's watercourses, water bodies and wetlands pursuant to, and consistent with the Federal Clean Water Act of 1987 (33 U.S.C. Section 1251 et seq.) and the state's Porter-Cologne Water Quality Control Act (Water Code Section 13000 et seq.). (b) This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act of 1987 and the state's Porter-Cologne Water Quality Control Act and all amendments to them, applicable implementing regulations, and national pollutant discharge elimination system (NPDES) permits issued to the city and any amendments, revisions or re-issuances of the permit, including conditions in the city's NPDES permit that require effective February 15, 2005 implementation of appropriate source control and site design measures and stormwater treatment measures for projects that create or replace an acre or more of impervious surface, and that effective August 15, 2006 reduce the threshold to projects that create or replace 10,000 square feet or more of impervious surface. The purpose and objectives of this chapter are to protect the health, safety and general welfare of Lafayette's citizens as follows: (1) To maintain and improve the quality of water impacted by the storm drainage system within the city of Lafayette; (2) To prevent the discharge of contaminated stormwater runoff and illicit discharges from industrial, commercial, residential, and construction sites into the storm drainage system within the city; (3) To minimize increases in nonpoint source pollution caused by stormwater runoff from development that would otherwise degrade local water quality; (4) To reduce stormwater run-off rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety; (5) To promote public awareness of and minimize the hazards involved in the improper discharge of trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste, sediment and other pollutants into the storm drainage system; (6) To encourage recycling of used motor oil and safe disposal of other hazardous consumer products; (7) To facilitate compliance with state and federal standards and permits by owners of construction sites within the city; (8) To enable the city to comply with all federal and state laws and regulations applicable to the NPDES permitting requirements for stormwater discharges. (Ord. 549 1 (part), 2005) 5-402 - Administration and definitions. (a) Except as otherwise provided herein, the city of Lafayette community development director or designated representative, shall administer, implement, and enforce the provisions of this chapter.
(b) Unless a provision explicitly states otherwise, the following terms and phrases as used in this chapter, shall have the meanings hereinafter designated. Words and phrases in this chapter and not otherwise defined shall be interpreted as defined in the regulations issues by the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act. (1) "Administrative citation" means a citation issued by designated enforcement personnel in accordance with Lafayette Municipal Code Chapter 1-9 for violations of this chapter. (2) "Authorized enforcement officer" means the community development director of the city or any individual designated by director to enforce the provisions of this chapter. A designated individual may include a consultant or an employee of any agency with which the city enters into an agreement. (3) "Best management practices (BMPs)" means and includes structural devices, a schedule of activities, prohibition of practices, general good housekeeping practice, pollution prevention practice, maintenance procedure, and other management practice to prevent or reduce the discharge of pollutants directly or indirectly to a watercourse, water body, wetland or the stormwater system. BMPs can also include a treatment requirement, operating procedure, design specification and practice to control facility site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. (4) "Business" means any partnership, copartnership, firm, company, corporation, association, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, or assigns, including all federal, state, and local governmental entities. (5) "Cash bond" means a check payable to the city of Lafayette, a city approved instrument of credit in favor of the city, or an approved certificate of deposit made in favor of the city. (6) "Cease and desist order" means a written notice detailing any violations of this chapter and any action expected of the violators. (7) "CFR" means the Code of Federal Regulations as that document currently exists or may hereafter be amended. (8) "City" means the city of Lafayette.
(9) "Commercial" means pertaining to any business, trade, industry, or other activity engaged in for profit. (10) "Compliance bond" means a cash bond or approved bond issued by an approved bonding company in favor of the city. (11) "Construction activity" means an activity including, but not limited to, grading, dewatering operations, roadwork and paving operations, concrete operations, structure construction and painting, construction material storage and handling, construction waste/debris storage and disposal, and construction equipment/vehicle cleaning, maintenance, and fueling operations. (12) "Construction site" means any location where construction activity occurs. (13) "Contaminated" means containing harmful quantities of pollutants.
(14) "Contractor" means any person, business, corporation or other entity performing or managing construction work at a construction site, including any construction manager, general contractor or subcontractor. Contractor also includes, but is not limited to, earthwork, paving, building, plumbing, mechanical, electrical or landscaping contractors, and material suppliers delivering materials to the site. (15) "Development runoff requirements" mean the provisions in the city's NPDES permit that contain performance standards to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality. In the city's 1999 NPDES permit these requirements are in Section C.3. (16) "Director" means the community development director of the city or designated representative. (17) "Discharge" means any addition or release of any pollutant, stormwater or any other substance whatsoever into and from the storm drainage system. (18) "Discharger" means any person, business, corporation or other, who causes, allows, permits, or is otherwise responsible for, a discharge, including, without limitation, any owner of a construction site or industrial facility. (19) "Domestic sewage" means sewage originating primarily from kitchen, bathroom and laundry sources, including waste from food preparation, dishwashing, garbage grinding, toilets, baths, showers and sinks. (20) "Earthwork" means the disturbance of soils on a site associated with clearing, grading, or excavation activities. (21) "Environmental protection agency (EPA)" means the United States Environmental Protection Agency, the regional office thereof, any federal department, agency, or commission that may succeed to the authority of the EPA, and any duly authorized official of the EPA or such successor agency. (22) "Facility" means any building, structure, installation, process, or activity from which there is or may be a discharge of a pollutant. (23) "Fertilizer" means a substance or compound that contains an essential plant nutrient element in a form available to plants and is used primarily for its essential plant nutrient element content in promoting or stimulating growth of a plant or improving the quality of a crop, or a mixture of two or more fertilizers. (24) "Fire protection water" means any water, and any substances or materials contained therein, used in any way to control or extinguish a fire, or to inspect or test fire equipment. (25) "Garbage" means putrescible animal and vegetable waste materials from the handling, preparation, cooking, or consumption of food, including waste materials from markets, storage facilities, and the handling and sale of produce and other food products. (26) "General permit" means a Statewide Construction Activities and Statewide Industrial Stormwater General Permit. (27) "Groundwater" means any water residing below the surface of the ground or percolating into
or out of the ground. (28) "Guidebook" means the most recent version of the Contra Costa Clean Water Program Stormwater C.3 Guidebook. (29) "Harmful quantity" means the amount of any substance that the director determines will cause an adverse impact to storm drainage system or will contribute to the failure of the city to meet the water quality based requirements of the NPDES permit for discharges from the MS4. (30) "Hazardous substance" means any substance listed in Table 302.4, designation of hazardous substances, of 40 CFR Part 302, U.S. Environmental Protection Agency. (31) "Hazardous waste" means any substance identified or listed as a hazardous waste by the EPA pursuant to 40 CFR Part 261. (32) "Household hazardous waste (HHW)" means any material generated in a household (including single and multiple residences) that if discarded from homes may threaten human health or the environment when disposed of improperly. (33) "Illicit discharge" is a discharge to the city's stormwater that is not composed entirely of stormwater, except as exempted by Section 5-407 (Exemptions). (34) "Illicit connection" means any drain or conveyance, whether on the surface or subsurface, which allows an illicit discharge to enter the storm drainage system. (35) "Industrial waste or commercial waste" means any wastes produced as a by-product of any industrial, institutional or commercial process or operation, other than domestic sewage. (36) "Maximum extent practicable" means an individual BMP or group of BMPs that address a pollutant concern, that have a cost of implementation reasonably relative to the pollution control benefits achieved, and which are technologically feasible. (37) "Mechanical fluid" means any fluid used in the operation and maintenance of machinery, vehicles and any other equipment, including lubricants, antifreeze, petroleum products, oil and fuel. (38) "Mobile commercial cosmetic cleaning or mobile washing" means power washing, steam cleaning, and any other method of mobile cosmetic cleaning, of vehicles and/or exterior surfaces, engaged in for commercial purposes or related to a commercial activity. (39) "Municipal separate storm sewer system (MS4)" means the system of conveyances, including roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins and ponds owned and operated by the city and designed or used for collecting or conveying stormwater, and not used for collecting or conveying sanitary sewage. (40) "National pollutant discharge elimination system (NPDES)" means a regulatory pollution elimination program, Permit No. CAS0029912, and any subsequent amendment, reissuance or successor to this NPDES permit, established by the Federal Clean Water Act and administered by the state of California under the authority of the U.S. EPA. In the San Francisco Bay Area the program is controlled by the San Francisco Bay Area Regional Water Quality Control Board (RWQCB).
(41) "New development" means any construction, alteration or improvement at a new or already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. (42) "Non-stormwater discharge" means a discharge that is not entirely composed of stormwater. (43) "NPDES" means the national pollutant discharge elimination system. (44) "NPDES permit" means a permit issued by EPA or by the state or regional Water Quality Control Board under their delegated authority from EPA that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis. (45) "Notice of intent (NOI)" means a formal notice with appropriate fee submitted to the SWRCB by the owner of an industrial site or construction site that the owner seeks coverage under a general permit for discharges associated with industrial and construction activities. The NOI provides information on the owner, location, type of project, and certifies that the owner will comply with the conditions of the construction general permit. (46) "Oil" means any kind of oil in any form, including, but not limited to: petroleum, fuel oil, crude oil, synthetic oil, motor oil, cooking oil, grease, sludge, oil refuse, and oil mixed with waste. (47) "Owner" means the person(s), business, corporation or other entity who owns a facility, part of a facility, or land. (48) "Parking lot" means an open area, other than a street or other public way, used for the parking of motorized vehicles, whether for a fee or for free, to accommodate clients or customers or to accommodate residents of multifamily dwellings (e.g., apartments, condominiums, townhomes, mobilehomes, dormitories, or group quarters). (49) "Pesticide" means a substance or mixture of substances intended to prevent, destroy, repel, or migrate any pest. (50) "Pet waste or animal waste" means excrement and other waste from domestic animals. (51) "Petroleum product" means a product that is obtained from distilling and processing crude oil and that is capable of being used as a fuel or lubricant in a motor vehicle or aircraft, including motor oil, motor gasoline, gasohol, other alcohol blended fuels, aviation gasoline, kerosene, distillate fuel oil, and #1 and #2 diesel. (52) "Pollutant" means any substance attributable to water pollution, including but not limited to petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, septic tank waste, pet waste, animal waste, chemical waste, industrial waste, agricultural waste, biological materials, garbage, litter, debris, yard waste, wastewater, mechanical fluid, oil, motor oil, used oil, grease, antifreeze, surfactants, solvents, detergents, cleaning agents, paint, heavy metals, toxins, household hazardous waste, small quantity generator waste, hazardous substances, hazardous waste biological material, fertilizer, pesticide, herbicide, radioactive materials, wrecked or discarded equipment, rock (except in cases of repairs approved by the city's representative), sand, industrial, municipal or agricultural waste, vegetative material, soil, dredged soil, eroded soil, sediment, toxic motor fluids, grease and other kitchen waste. (53) "Pollution" means the alteration of the physical, thermal, chemical, or biological quality of, or
the contamination of, any water that renders the water harmful, detrimental, or injurious to humans, animal life, plant life, property, or public health, safety, or welfare, or impairs the usefulness or the public enjoyment of the water for any lawful or reasonable purpose. (54) "Potable water" means water that has been treated to drinking water standards and is safe for human consumption. (55) "Premises" means a building lot, structure, parcel, real estate, or land or portion of land whether improved, or unimproved, including an adjacent sidewalk and parking strip. (56) "Private drainage system" means all privately owned ground, surfaces, structures or systems, excluding the MS4, that contribute to or convey stormwater, including but not limited to, roofs, gutters, downspouts, lawns, driveways, pavement, roads, streets, curbs, gutters, ditches, inlets, drains, catch basins, pipes, tunnels, culverts, channels, detention basins, ponds, draws, swales, streams and any ground surface. (57) "Public improvement plans" mean engineering drawings subject to approval by the engineering services manager for the construction of public improvements. (58) "Qualified person" means a person who possesses the required certification, license, or appropriate competence, skills, and ability as demonstrated by sufficient education, training, and/or experience to perform a specific activity in a timely and complete manner consistent with the regulatory requirements and generally accepted industry standards for such activity. (59) "Redevelopment" means a project on a previously developed site that results in the addition or replacement of impervious surfaces. (60) "Release" means to dump, spill, leak, pump, pour, emit, empty, inject, leach, dispose or otherwise introduce into the storm drainage system. (61) "Responsible person" means the owner or occupant of any premises or who engages in any activity from which there is or may be a non-stormwater discharge or any person who releases pollutants to the city's stormwater system. (62) "Rubbish" means nonputrescible solid waste, excluding ashes that consist of: (a) combustible waste materials, including paper, rags, cartons, wood, excelsior, furniture, rubber, plastics, yard trimmings, leaves, and similar materials, and (b) noncombustible waste materials, including glass, crockery, tin cans, aluminum cans, metal furniture, and similar materials that do not burn at ordinary incinerator temperatures (1,600 to 1,800 degrees Fahrenheit). (63) "Sanitary sewage" means the domestic sewage and/or industrial waste that is discharged into the sanitary sewer system and passes through the sanitary sewer system to the sewage treatment plant for treatment. (64) "Sanitary sewer" means the system of pipes, conduits, and other conveyances that carry industrial waste and domestic sewage from residential dwellings, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, to the sewage treatment plant (and to which stormwater, surface water, and groundwater are not intentionally admitted). (65) "Sediment" means soil (or mud) that has been disturbed or eroded and transported naturally by water, wind or gravity, or mechanically by any person.
(66) "Septic tank waste" means any domestic sewage from holding tanks such as vessels, chemical toilets, campers, trailers, septic tanks and aerated tanks. (67) "Shall" means mandatory; "may" means discretionary. (68) "Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity. (69) "Small quantity generator waste" means any hazardous waste generated by a small quantity generator as defined in the U.S. Environmental Protection Agency 40 CFR Part 302, Table 302.4, Designation of Hazardous Substances. (70) "Solid waste" means any garbage, rubbish, refuse and other discarded material, including solid, liquid, semisolid, or contained gaseous material, resulting from industrial, municipal, commercial, construction, mining or agricultural operations, and residential, community and institutional activities. (71) "State" means the state of California. (72) "Storm drainage system" means all surfaces, structures and systems that contribute to or convey stormwater, including private drainage systems, the MS4, surface water, groundwater, waters of the state and waters of the United States. (73) "Stormwater" means surface runoff and drainage associated with storm events and resulting from precipitation. (74) "Stormwater control plan" means a plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C.3 Guidebook. (75) "Stormwater management facility" means any device designated to detain, retain, filter, or infiltrate stormwater. (76) "Stormwater pollution prevention plan (SWPPP)" means a document that identifies pollutant sources that may affect the quality of stormwater discharges from the construction site and describes the best management practices to be implemented at a site, to prevent or reduce the discharge of pollutants, including proposed post-construction controls. (77) "Stormwater system" means and includes, but is not limited to, those facilities within the city, whether publicly or privately maintained, by which stormwater may be conveyed to waters of the United States. These facilities include a creek, flood control channel, street, catch basin, curb, gutter, ditch, man-made channel, storm drain, and other stormwater conveyance system which is not part of publicly owned treatment works (POTW) as defined at 40 CFR 122.2. (78) "Surface water" means water bodies and any water temporarily residing on the surface of the ground, including oceans, lakes, reservoirs, rivers, ponds, streams, puddles, channelized flow and runoff. (79) "Uncontaminated" means not containing harmful quantities of pollutants. (80) "Used oil or used motor oil" means any oil that as a result of use, storage, or handling, has become unsuitable for its original purpose because of impurities or the loss of original properties.
(81) "Utility agencies" mean private utility companies, city departments or contractors working for private utility companies or city departments, engaged in the construction or maintenance of utility distribution lines and services, including water, sanitary sewer, storm sewer, electric, gas, telephone, television and communication services. (82) "Waste discharger identification (WDID)" means a number that will be issued within ten business days after the SWRCB receives a complete NOI package with an original signed NOI, vicinity map, and check. (83) "Watercourse" means a natural or man-made channel with defined banks and bottom that has the ability to carry stormwater during all or part of the year. (c) Words and phrases, when used in this chapter and not otherwise defined shall be interpreted as defined in the regulations promulgated by the EPA to implement the requirements of the Federal Clean Water Act, or as defined by the State Water Resources Control Board to implement the California Water Code (Porter-Cologne Water Quality Control Act). (Ord. 549 1 (part), 2005) 5-403 - Authorization to adopt and impose best management practices. (a) The city may adopt and impose requirements identifying BMPs for any activity, operation, or facility, which may cause a discharge of pollutants to the storm drainage system. Where specific BMPs are required, every person, business, corporation or other entity undertaking such activity or operation, or owning or operating such facility shall implement and maintain these BMPs at their own expense. (b) BMPs are of two types: "source controls" (nonstructural) and "treatment controls" (structural). Source controls are practices that prevent pollution by reducing potential pollutants at their source, before they come into contact with stormwater. Treatment controls remove pollutants from stormwater. The selection, application and maintenance of BMPs must be sufficient to prevent or reduce the likelihood of pollutants entering the storm drainage system. Specific BMPs may be imposed by the city and are discussed further in Article 4 of this chapter. (Ord. 549 1 (part), 2005) 5-404 - Remedies not exclusive. The remedies identified in this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal. The remedies provided herein are cumulative and not exclusive. (Ord. 549 1 (part), 2005)
Article 2. - Prohibited Discharges, Spill and Discharge Reporting, Cleanup and Training
5-405 - General. 5-406 - Illicit discharge and spill reporting and cleanup and training.
5-405 - General. (a) A discharge, including an exempt discharge listed in Section 5-407 of this chapter, that would result in or contribute to a violation of an NPDES permit and each amendment, revision, or reissuance, either separately or when combined with another discharge, is prohibited. The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the city's NPDES permit is prohibited. Liability for any such discharge shall be the responsibility of the person(s) or entity causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the city in any administrative or judicial enforcement action relating to such discharge. (1) No person, business, corporation or other entity shall release or cause to be discharged into the storm drainage system any discharge that is not composed entirely of uncontaminated stormwater, except as allowed in Section 5-407 of this chapter. Common stormwater contaminants include trash, yard waste, lawn chemicals, pet waste, wastewater, oil, petroleum products, cleaning products, paint products, hazardous waste and sediment. (2) Notwithstanding the provisions of Section 5-407 of this chapter, any discharge shall be prohibited by this section if the discharge in question has been determined by the city's representative to be a source of pollutants to the storm drainage system. No discharge shall cause the following conditions, create a nuisance or adversely affect beneficial uses of waters of the state: floating suspended or deposited macroscopic matter or foam, bottom deposits or aquatic growth, alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota, visible, floating, suspended or deposited oil or products of petroleum origin, substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl or which render any of these unfit for human consumption. (3) The construction, use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. (4) No person, business, corporation or other entity shall connect a line conveying sanitary sewage, domestic sewage or industrial waste, to the storm drainage system, or allow such a connection to continue. (5) No person, business, corporation or other entity shall maliciously destroy or interfere with BMPs implemented pursuant to this section. (6) No mobile commercial cosmetic cleaning person, business, corporation or other entity cleaning operations shall discharge to the stormwater system in violation of this chapter. (b) The standards set forth herein are minimum standards; therefore this section does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution, nor unauthorized discharge of pollutants into waters of the United States caused by said person. (Ord. 549 1 (part), 2005)
5-406 - Illicit discharge and spill reporting and cleanup and training. (a) Reporting Illicit Discharge or Spill. (1) Any person, business, corporation or other entity in charge of a facility having knowledge of a known or suspected release or spill of materials which are resulting in or may result in illicit or prohibited discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such discharge. (2) Any person, business, corporation or other entity responsible for a known or suspected release or spill of materials which are resulting in or may result in illicit and prohibited discharges to the storm drainage system shall take all necessary steps to ensure the discovery, containment, abatement and cleanup of such release or spill. In the event of such a release or spill of a hazardous material, said person, business, corporation, or other entity shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release or spill, and: (A) In the event the discharge or spill is a hazardous material, or suspected hazardous material, said person, business, corporation or other entity shall immediately call police dispatch and/or 911, and notify the director no later than nine a.m. of the next business day; (B) In the event of a discharge or spill of nonhazardous materials, said person, business, corporation or other entity shall notify the director no later than nine a.m. of the next business day. (3) Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the city of Lafayette, public works services division within three business days of the telephone or personal notice. (4) The owner and/or responsible party shall establish, maintain and retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years and made available to the city within three business days of written request. (b) Cleanup of Illicit Discharge or Spill. In the event the discharge or spill is a hazardous material, or suspected to be hazardous, said person, business, corporation or other entity shall comply with all state, federal, and local laws requiring reporting, cleanup, containment, and any other appropriate remedial action in response to the release. (c) Training. A person, business, corporation or other entity in charge of a facility or responsible for emergency response for a facility is responsible for training facility personnel and maintaining notification procedures to assure that immediate notification is provided to the city of suspected, confirmed or unconfirmed release or spill of material, pollutant or waste creating a risk of illicit or prohibited discharge into the city's stormwater system. (Ord. 549 1 (part), 2005)
Article 3. - Exempt Discharges

5-407 - Exemptions.
5-407 - Exemptions. A discharge from the following activities or sources is not considered a source of pollutants to the city's stormwater system when properly managed: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) Uncontaminated water line flushing and other discharge of a potable water source; Uncontaminated irrigation and lawn watering; Irrigation water; Diverted stream flow; Ground water infiltration to storm drains; Uncontaminated pumped ground water; Foundation and footing drain; Water from crawl space pump; Air conditioning condensation; Natural springs; Individual residential car washing; Flow from riparian habitat and wetland;
(m) Dechlorinated swimming pool discharge; (n) Fire protection water; and
(o) A discharge in compliance with an NPDES permit issued to the discharger and administered by the state under the authority of the U.S. EPA, if the discharger is in full compliance with all requirements of the permit and applicable laws or regulations. This section does not relieve the discharger from responsibilities under Section 5-411 of this chapter. In addition, the discharger shall supply written verification of permit authority to the city before discharging. (Ord. 549 1 (part), 2005)
Article 4. - Stormwater Pollution Prevention Requirements for
Construction Activities, New Development and Redevelopment, Business Activities, Utility Operations and Watercourse Protection
5-408 - General requirements. 5-409 - Construction sites requiring an approved Stormwater Pollution Prevention Plan (SWPPP). 5-410 - New development and redevelopment requiring an approved SWPPP. 5-411 - SWPPP requirements for businesses. 5-412 - Requirements for utility construction. 5-413 - Preparation and content of an SWPPP. 5-414 - Implementation of SWPPP and plan revisions. 5-415 - Coordination with hazardous materials release response and inventory plan. 5-416 - Notification of intent and compliance with general permits. 5-417 - Watercourse protection.
5-408 - General requirements. (a) Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States EPA, the State WRCB, or the California RWQCB, San Francisco Bay Region, shall provide the director with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to dischargers. Each discharger identified in an individual NDPES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit. (b) Every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the city's NPDES permit shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C.3 Guidebook. Effective February 15, 2005 this requirement shall apply to: (1) All developments that create one acre (43,560 square feet) or more of impervious surface. Excluded from this category is the construction of one single-family home, which is not part of a larger plan of development, with appropriate pollutants source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces. (2) Streets and road projects that create one acre (43,560 square feet) or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features. (3) Projects on previously developed sites that result in the addition or replacement of a combined total of one acre (43,560 square feet) or more of impervious surface, routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation with the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that
right-of-way are developed. Effective August 15, 2006 this requirement shall apply to: (1) All developments that create 10,000 square feet or more of impervious surface. Excluded from this category is the construction of one single-family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces. (2) Streets and road projects that create 10,000 square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features. (3) Projects on previously developed sites that result in the addition or replacement of a combined total of 10,000 square feet or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine repaving and road pavement structural section rehabilitation within the existing footprint and any other reconstruction work within a public street or road right-of-way where both sides of that right-of-way are developed. (c) Requirements shall be interpreted in a manner that is consistent with the development runoff requirements and exclusions in the city's NPDES permit. (d) Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section. (e) All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the guidebook. (f) All stormwater management facilities shall be maintained according to the guidebook and the approved stormwater control operation and maintenance plan. The person or organization responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance may be required to inspect the stormwater management facility at least annually and obtain a valid operation and maintenance certificate of compliance certifying to the inspection of a proper operation and maintenance of the treatment measures and other appropriate source control and site design measures. Each responsible person subject to this requirement shall contact the city annually and request an inspection form from the city every 12 months, if an inspection is required by the city at that time. Upon the filing of such request, and the payment of a fee covering the cost of inspection, the city inspector shall inspect the property and shall either issue such certificate upon a determination by the inspector that all treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, or shall issue a conditional certificate noting deficiencies that must be corrected within a time indicated on the certificate, or shall deny the certificate. A certificate shall be valid for one year from the date of issuance. The city council may by resolution establish the fee for the inspection and certificate. (g) In lieu of a city inspection, such person may arrange for an inspection from a private company authorized to conduct inspections by the city. Such company shall use a city-approved inspection form that shall be executed under penalty of perjury. Should such inspection form establish that the treatment measures and other appropriate source control and site design measures have been properly
maintained and are in good condition, the city may issue an operation and maintenance certificate of compliance or the city may at its cost reinspect the property and proceed as described in the city inspection in subsection (f) of this section. The filing of a false inspection report shall be a misdemeanor. (h) The plan shall also describe how the maintenance costs will be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this chapter or the plan, the city may perform the maintenance and recover its costs from the responsible person as provided in Section 5-428 (Enforcement actions) of this chapter. (i) For access to stormwater management facilities for inspections and maintenance, recorded covenants and/or easements shall be provided by the property owner for access by the city, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board. (j) Any person, business, corporation or entity owning or operating a facility or responsible for or in control of an activity that may contribute pollutants to the city's stormwater system shall undertake all practicable BMPs to reduce the potential for pollutants entering the system and may be required by the director to develop and implement a stormwater pollution prevention plan, which shall include an employee training program. Example facilities include, but are not limited to, operation of parking lots, repair shops and other commercial enterprises. Examples of construction activities include, but are not limited to, grading, roadwork and paving operations, structure construction, and construction material storage and handling. The following minimum standards shall be met at all times: (1) Compliance with BMPs. All dischargers shall comply with BMP guidelines or requirements adopted by any federal or state agency or by the city. Where there is conflict between various guidelines and requirements the more stringent shall apply. (2) Private Drainage System Maintenance. The owner of any private drainage system shall maintain the system to prevent or reduce the discharge of pollutants. This maintenance shall include, but is not limited to, sediment removal, bank erosion repairs, maintenance of vegetative cover, and removal of debris from pipes and structures. (3) Minimization of Irrigation Runoff. A discharge of irrigation water that is of sufficient quantity to cause a concentrated flow in the storm drainage system is prohibited. Irrigation systems shall be managed to reduce the discharge of water from a site. (4) Cleaning of Paved Surfaces Required. The visible buildup of mechanical fluid, waste materials, sediment or debris on any paved parking lot, street or other paved surface is a violation of this chapter. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gas station, a paved private street or road, or other paved surface and related stormwater systems shall clean the pavement as frequently as required to prevent the buildup and discharge of pollutants to the city's stormwater system. Paved surfaces shall be cleaned by dry sweeping, wet vacuum sweeping or other method in compliance with approved BMPs. (5) Sidewalk Maintenance. The occupant or tenant, or in the absence of occupant or tenant, the owner or proprietor of any real property in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sidewalks shall be hand swept or vacuumed only, none of the material from the sidewalk shall be swept or otherwise made or allowed to go into the gutter or roadway, and shall be disposed of in a receptacle maintained as required for disposal of solid waste.
(6) Litter. No person, business, corporation or other entity shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects or other potential pollutants, articles or other litter in or upon any street, alley, sidewalk, place of business, creek, stormwater system, fountain, pool, lake, stream, or any other body of water, or upon any public or private parcel or land so that the same might become a pollutant, except in lawfully established waste disposal facilities. (7) Maintenance of Equipment. Any leak or spill related to equipment maintenance in an outdoor, uncovered area shall be contained to prevent the potential release of pollutants. Vehicles, machinery and equipment must be maintained to reduce leaking fluids. (8) Materials Storage. In addition to other requirements of this code, materials shall be stored to prevent the potential release of pollutants. The uncovered, outdoor storage of unsealed containers of hazardous substances is prohibited. (9) Pet Waste. Pet waste shall be disposed of as solid waste or sanitary sewage in a timely manner, to prevent discharge to the storm drainage system. (10) Pesticides, Herbicides and Fertilizers. Pesticides, herbicides and fertilizers shall be applied in accordance with manufacturer recommendations and applicable laws. Excessive application shall be avoided. (11) Prohibition on Use of Pesticides and Fungicides Banned from Manufacture. Use of any pesticide, herbicide or fungicide, the manufacture of which has been either voluntarily discontinued or prohibited by the Environmental Protection Agency, or any federal, state or city regulation is prohibited. (12) Open Drainage Channel Maintenance. Every person, business, corporation or other entity owning or occupying property through which an open drainage channel passes shall keep and maintain that part of the drainage channel within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or retard the flow of water through the drainage channel. In addition, the owner or occupant shall maintain existing privately owned facilities adjacent to a drainage channel, so that such facilities will not become a hazard to the use, function, or physical integrity of the drainage channel. (13) Mobile commercial cosmetic cleaning operations shall not discharge to the stormwater system in violation of this chapter. (k) All construction shall conform to the requirements of the latest editions of the California Stormwater Quality Association (CASQA), Stormwater Best Management Practices Handbooks, California Regional Water Quality Control Board San Francisco Bay Region, Guidelines for Construction Projects, California Regional Water Quality Control Board San Francisco Bay Region, Erosion and Sediment Control Field Manual, the Association of Bay Area Governments (ABAG), Manual of Standards for Erosion and Sediment Control Measures, city standard specifications, the city's grading and erosion control ordinance and other generally accepted engineering practices for erosion controls and any special conditions set forth by the city as a condition of approval of development, to the approved SWPPP (if required pursuant to Section 5-411 of this chapter), and to the requirements set forth by this chapter. The director may establish controls on the rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.
(Ord. 549 1 (part), 2005) 5-409 - Construction sites requiring an approved Stormwater Pollution Prevention Plan (SWPPP). This section applies to all development construction sites excluding new development and redevelopment. Where construction activities occur on a previously divided legal parcel that exceeds the one or more acres (or 10,000 square feet on or after August 15, 2006, or as amended by the RWQCB) of land during the life of the construction project, the site owner is required to notify the state, prepare and implement an approved SWPPP for the project and monitor the effectiveness of the approved plan. (a) The owner of a site of construction activity shall be responsible for compliance with the requirements of Section 5-408 of this chapter. (b) Waste Disposal. Solid waste, industrial waste, yard waste and any other pollutants or waste on any construction site shall be controlled through the use of BMPs. Waste or recycling containers shall be provided and maintained by the owner or contractor on construction sites where there is the potential for release of waste. Uncontained waste that may blow, wash or otherwise be discharged from the site is prohibited. (c) The area disturbed shall be assumed to include the entire property area unless all applicable plans specifically exclude certain areas from disturbance. (d) The SWPPP must be provided by the owner and submitted to the city for approval. Two copies of the SWPPP shall be submitted to the city's engineering services division. For sites subject to plan review by the planning and building services division, the plan will not be approved for construction, and no construction permits issued prior to SWPPP approval. (e) The preparation and implementation of the SWPPP must comply with Section 5-413 of this chapter. (f) The engineering services manager, or authorized representative, will review the SWPPP submitted for the site and will return either a letter of approval or a request for revisions within 14 days of submission of the SWPPP. Construction activity, including any soil disturbance or removal of vegetation, shall not commence on the site until the manager has issued a letter of approval. (g) The owner bears the responsibility for implementation of the SWPPP and notification of all contractors and utility agencies on the site. (h) Ready-mixed concrete, or any materials resulting from the cleaning of vehicles or equipment containing or used in transporting or applying ready-mixed concrete, shall be contained on construction sites for proper disposal. Release of these materials is prohibited. (i) Erosion and Sediment Control. BMPs shall be implemented to prevent the discharge of sediment from construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately. (j) Upon completion of permitted construction activity on any site, the property owner and subsequent property owners will be responsible for continued compliance with the requirements of this section.
(Ord. 549 1 (part), 2005) 5-410 - New development and redevelopment requiring an approved SWPPP. (a) Where construction of a new development and redevelopment project will disturb soil or remove vegetation on one or more acres (or 10,000 square feet on or after August 15, 2006, or as amended by the RWQCB) of land during the life of the development project. The site owner must notify the state, prepare and implement an approved SWPPP and monitor its effectiveness. The SWPPP for the project must be provided and implemented by the developer/owner as follows: (1) The area disturbed shall be assumed to include the entire platted area.
(2) An SWPPP must be provided by the developer/owner and included in improvement plans submitted to the engineering services manager for the development. (3) Improvement plans, final maps and parcel maps will not be approved, no construction permits issued, and no construction activity shall begin prior to SWPPP approval by the city. (4) The preparation and implementation of an SWPPP must comply with Section 5-413 of this chapter. (5) An SWPPP must be provided for all phases of development, including sanitary sewer construction, storm drainage system construction, waterline, street and sidewalk construction, general grading and the construction of individual homes. The developer/owner will not be required to provide an SWPPP for the activities of utility agencies within the new development and redevelopment. Utility construction is addressed in Section 5-412 of this chapter. (6) Approval of public improvement plans by the engineering services manager will constitute approval of the SWPPP. (7) The developer/owner shall provide a copy of the approved SWPPP to all utility agencies prior to project commencement. (8) The developer/owner bears the responsibility for implementation of the approved SWPPP for all project construction activity, excluding construction under the control of subsequent owners of individual lots in the case of a subdivision and construction managed by utility agencies. (9) The subsequent owner of an individual lot bears the responsibility for continued implementation of the approved SWPPP for all construction activity within or related to the individual lot, excluding construction managed by utility agencies. (b) The city may establish controls on the rate of stormwater runoff from new development and redevelopment projects as may be appropriate to minimize, or eliminate, the discharge and transport of pollutants to the city's stormwater system. (Ord. 549 1 (part), 2005) 5-411 - SWPPP requirements for businesses. The engineering services manager may require a business that is engaged in an activity that may result in a discharge of pollutants to develop and implement an SWPPP if, in the judgment of the engineering services manager, there is reason to believe that adequate control of pollutants will not occur in the
absence of an SWPPP. The engineering services manager shall require that the SWPPP include an employee-training program. A business activity which may require an SWPPP includes, but is not necessarily limited to: maintenance, assembly, equipment operation, vehicle loading or fueling, or clean-up procedure which is carried out partially or wholly out-of-doors. The engineering services manager may accept an individual NPDES permit in lieu of an SWPPP. (Ord. 549 1 (part), 2005) 5-412 - Requirements for utility construction. (a) Utility agencies shall be responsible for compliance with the requirements of Section 5-408 of this chapter and city encroachment permit requirements as defined by the engineering services department. (b) Utility agencies shall develop and implement BMPs to prevent the discharge of pollutants on any site of utility construction within the city. In addition, the city may adopt and impose BMPs on utility construction activity. (c) Utility agencies shall implement BMPs to prevent the release of sediment from utility construction sites. Disturbed areas shall be minimized, disturbed soil shall be managed and construction site entrances shall be managed to prevent sediment tracking. Excessive sediment tracked onto public streets shall be removed immediately. (d) Prior to entering a site, utility agencies shall have obtained from the owner a copy of the approved SWPPP. Any disturbance to BMPs resulting from utility construction shall be repaired immediately by the utility company in compliance with the SWPPP. (Ord. 549 1 (part), 2005) 5-413 - Preparation and content of an SWPPP. An SWPPP shall comply with and contain the following (See California Regional Water Quality Control Board San Francisco Bay Region, Guidelines for Construction Projects, for details of SWPPP requirements.): (a) Be prepared under the direction of a qualified person, as defined in Section 5-402 of this chapter; (b) Provide the name, address, phone number (daytime and emergency phone number) of the project owner and contractor for purposes of correspondence and enforcement; (c) Provide the WDID for the project (assigned upon submittal of an NOI for coverage under the general permit); (d) Include certification page as required by general permit standard provision or as requested by the RWQCB, USEPA or local stormwater management agency; (e) Identify existing natural resources such as streams, tree groves, riparian vegetation, forest cover, and other established vegetative cover; (f) Specify and provide detail for all BMPs necessary to meet the requirements of this chapter, including any applicable BMPs that have been adopted and imposed by the city;
(g) Specify when each BMP will be installed, and for how long it will be maintained within the construction schedule. Multiple plans may be required for major phases of construction such as rough grading, building construction and final grading; (h) Delineate all anticipated disturbed areas and specify the vegetative cover that must be established in those areas to achieve final stabilization; (i) Include post-construction stormwater management and monitoring and reporting plans.
(Ord. 549 1 (part), 2005) 5-414 - Implementation of SWPPP and plan revisions. (a) BMPs shall be installed and maintained by qualified persons. The owners or their representative shall provide upon the director's request the SWPPP on site within one hour during construction activity, or within the next business day for periods of inactivity, and shall be prepared to respond to unforeseen maintenance of specific BMPs. (b) The owner or their representative shall inspect all BMPs at least once per month and within the next business day after a rainfall of one quarter of an inch or more as measured at the site or generally reported in the Lafayette area. (c) Based on inspections performed by the owner or by authorized city personnel, modifications to the SWPPP will be necessary if at any time the specified BMPs do not meet the objectives of this chapter. In this case, the owner shall meet with authorized city personnel to determine the appropriate modifications. All modifications shall be approved by the city and completed within seven days of the referenced inspection, and shall be recorded on the owner's copy of the SWPPP. (Ord. 549 1 (part), 2005) 5-415 - Coordination with hazardous materials release response and inventory plan. A business subject to the hazardous material release response and inventory plan, Division 20 Chapter 6.95 of the California Health and Safety Code (commencing with Section 25500), shall include in that plan provisions for compliance with this chapter, including the prohibitions of illicit discharges and non-stormwater discharges, and the requirement to reduce the release of pollutants to the maximum extent practicable. (Ord. 549 1 (part), 2005) 5-416 - Notification of intent and compliance with general permits. Each discharger associated with construction activity or other discharger described by any general stormwater permit addressing discharges, as may be adopted by the USEPA, SWRQCB, or SFRWQCB shall provide the director with the notice of intent, shall comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit. (Ord. 549 1 (part), 2005)
5-417 - Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse. The owner or lessee shall not remove healthy bank vegetation beyond that actually necessary for maintenance, nor remove said vegetation in such a manner as to increase the vulnerability of the watercourse to erosion. The property owner shall be responsible for maintaining and stabilizing that portion of the watercourse that is within their property lines in order to protect against erosion and degradation of the watercourse originating or contributed from their property. (Ord. 549 1 (part), 2005)
Article 5. - Compliance Bonds

5-418 - General. 5-419 - Compliance bonds. 5-420 - Cash bond. 5-421 - Additional compliance bond or cash deposit. 5-422 - Exclusion for public utilities or public agencies.
5-418 - General. When a compliance bond and/or cash bond is required by the city, no SWPPP, improvement plans, final maps and parcel maps will be approved, no construction permits issued, and no construction activities allowed to commence (including demolition, clearing and grubbing) until an approved compliance bond and/or cash bond has been accepted by the city. (Ord. 549 1 (part), 2005) 5-419 - Compliance bonds. (a) As a condition of approval of an SWPPP or city-required permits, or where necessary to insure reasonable compliance with the provisions of this chapter, the engineering services manager may, by written notice, order any owner of a construction site, new development and redevelopment or business to file a compliance bond with the city. (b) The form of the bond shall be as approved by the city and issued by an approved surety company.
(c) The amount of the bond shall be as determined by the engineering services manager, to be necessary to achieve consistent compliance with this chapter. (Ord. 549 1 (part), 2005)
5-420 - Cash bond. (a) In addition to or in lieu of the compliance bond, the city may require posting of a cash bond in an amount determined by the engineering services manager to insure compliance with the provisions of this chapter. (b) A required cash bond may be used by the city for emergency work performed or ordered by the city. (Ord. 549 1 (part), 2005) 5-421 - Additional compliance bond or cash deposit. The director may require additional compliance surety in the form of a bond or cash bonding be made at any time when, in the director's opinion, the amount of the compliance bond or cash deposit previously made is insufficient. When such additional surety is required, the owner of a construction site, new development and redevelopment or business shall be notified in writing. The additional surety shall be filed with the city within 14 calendar days of the notice. (Ord. 549 1 (part), 2005) 5-422 - Exclusion for public utilities or public agencies. A compliance bond or cash deposits shall not be required of any public utility or public agency. (Ord. 549 1 (part), 2005)
Article 6. - Enforcement and Citations

5-423 - Enforcement personnel designated and authorized. 5-424 - Authority to inspect. 5-425 - Right of entry and sampling. 5-426 - Cease and desist order. 5-427 - Action without prior notice. 5-428 - Enforcement actions. 5-429 - Criminal penalties. 5-430 - Other legal action. 5-431 - Fees, charges, fines, penalties, recovery of cost to city to abate, special assessment. 5-432 - Remedies not exclusive.
5-423 - Enforcement personnel designated and authorized. The following personnel are hereby designated by the city as "enforcement personnel" and shall have the power to issue notices of violations and implement other enforcement actions under this chapter: (a) All authorized personnel under the supervision of the city manager or community development director;
(b) All inspectors under the supervision of the Contra Costa County Building Department, and all inspectors under the supervision of the Central Contra Costa Sanitary District; (c) All authorized representatives of the Contra Costa County Environmental Services Department. (Ord. 549 1 (part), 2005) 5-424 - Authority to inspect. Routine or scheduled inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this chapter, including, but not limited to, random sampling and/or sampling areas with evidence of stormwater contamination, discharge of non-stormwater or an illicit discharge to the stormwater system, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections such as building permit and grading permit inspections and or routine or scheduled inspections conducted by other public agencies or special districts, such as the Central Contra Costa Sanitary District, Contra Costa County Fire Protection District, Contra Costa County Public Works, Contra Costa County Environmental Health Department, Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board. (Ord. 549 1 (part), 2005) 5-425 - Right of entry and sampling. (a) Whenever the city has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this chapter, the city, with the consent of the owner or occupant or pursuant to a search or inspection warrant, shall have the right to enter the premises at any reasonable time to determine if the discharger is complying with all requirements of this chapter. (b) The city shall have the right to access without permission or a warrant any premises at the time of an emergency or suspected emergency situation, including but not limited to not being able to contact the owner or occupant or in the event of an actual or threatened discharge that presents or may present imminent danger to the environment, or to the health or welfare of persons or to the storm drainage system. (c) The city shall have the right to set up on the property of any discharger to the storm drainage system such devices that are deemed necessary to conduct sampling or metering operations of discharges to the stormwater system. During all authorized inspections, the officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site. (d) It shall be unlawful for any person, business, corporation, entity, or agent in possession of any premises to refuse to allow city representatives to enter upon the premises for these purposes. (Ord. 549 1 (part), 2005) 5-426 - Cease and desist order. In addition to other enforcement powers and remedies established by this chapter, an authorized enforcement officer may issue a cease and desist order:
(a) Cease and Desist Order. When an authorized enforcement officer finds that an illicit discharge has taken place or is likely to take place, the officer may issue a written order to cease and desist the illicit discharge, practice or operation likely to cause the illicit discharge and direct that a person, business, corporation or other entity subject to the cease and desist order shall comply with one or more of the following: (1) Take appropriate immediate remedial action to stop and prevent further contamination of the city's stormwater system; (2) Take immediate action to remove any and all contaminates from the city's stormwater system; (3) (4) (b) Develop and implement an SWPPP as described in Section 5-413 of this chapter; Comply with a time schedule for compliance.
The cease and desist order shall identify: (1) (2) (3) (4) (5) (6) The name of the responsible person; The date and location of the violation; A description of the violation; Actions that must be taken by the responsible person to remedy the violation; The deadline within which the required actions must be completed; Enforcement actions that may be taken by the city.
(Ord. 549 1 (part), 2005) 5-427 - Action without prior notice. Any person, business, corporation or other entity who violates a prohibition or fails to meet a requirement of this chapter will be subject, without prior notice, to one or more of the enforcement actions identified in Section 5-428 of this chapter. When attempts to contact the person, business, corporation or other entity have failed and the enforcement actions are necessary to stop an actual or threatened discharge that presents or may present imminent danger to the environment, or to the health or welfare of persons, or to the storm drainage system, appropriate actions will be immediately enforced. (Ord. 549 1 (part), 2005) 5-428 - Enforcement actions. (a) In addition to any enforcement action imposed by federal, state and other local agencies, any person, business, corporation or other entity who fails to comply with or appeal a cease and desist order, or fails to comply with an appeal decision of the director or city council, may be subject to one or more of the following enforcement actions: (1) Stop Work Order. The director may issue a stop work order to the owner and contractors on a construction site, by posting the order at the construction site and distributing the order to all city
departments whose decisions may affect any activity at the site. Unless express written exception is made, the stop work order shall prohibit any further construction activity at the site and shall bar any further inspection or approval necessary to commence or continue construction or to assume occupancy at the site until written authorization to continue is received from the director. A cease and desist order shall accompany the stop work order, and shall define the compliance requirements. (2) Administrative Remedies. Designated enforcement personnel may invoke the provisions of Chapter 1-10 of this code to remedy any violation of this chapter. (3) Administrative Citation. Designated enforcement personnel may issue an administrative citation for any violation of this chapter as allowed by Chapter 1-9 of this code. (4) Abatement of a Violation on Private Property. The city's authorized representatives are authorized to enter upon private property and to take any and all measures required to remediate any violation of this code. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking other and further relief authorized by this code. (5) Requirement to Test and/or Monitor. Director or designated enforcement personnel may require that a person, business, corporation or other entity engaged in an activity or owning or operating a facility that may cause or contribute to an illicit discharge, shall monitor activity and/or undertake an analysis, and furnish a report as required. The property owner's burden including the cost of this activity, analysis and report shall bear a reasonable relationship to the need for monitoring, analysis and report and the benefit to be obtained as defined by the director. (6) Termination of Utility Services. After lawful notice to the customer and property owner concerning the proposed disconnection, the director shall have the authority to order the disconnection of water, sanitary sewer and/or sanitation services, upon a finding by the director that the disconnection of utility services will remove a violation of this chapter that poses a public health hazard or environmental hazard. (7) Criminal Prosecution. Any person, business, corporation or other entity who violates or continues to violate a prohibition or requirement of this chapter shall be liable to criminal prosecution to the fullest extent of the law, and shall be subject to criminal penalties. (8) Civil Suit. In addition to enforcement actions specified herein, any person, business, corporation or other entity that violates any provision of this chapter may be subject to civil suit and the imposition by the court of civil penalties pursuant to Section 17200 of the State Business and Professions Code. In such action, the city may seek, as appropriate, any and all of the following remedies: (A) A temporary restraining order, preliminary injunction and permanent injunction; (B) An action for an unlawful business practice pursuant to Business and Professions Code Section 17206; (C) Reimbursement for the costs of investigation, inspection or monitoring survey which led to the establishment of the violation; (D) Reimbursement for reasonable costs of preparing and bringing administrative action
under this chapter; (E) Reimbursement for all costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation; (F) Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to the city and shall be exclusively for costs associated with monitoring and establishing a stormwater discharge control system and/or implementing provisions of this article; (G) The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan; and (H) Recovery of costs including attorney's fees and expenses as part of any civil action. (b) Concealing, aiding or abetting a violation of any provision of this chapter shall constitute a violation of such provision, and is subject to the enforcement actions contained herein. (Ord. 549 1 (part), 2005) 5-429 - Criminal penalties. Any violation or failure to comply with any provision of this chapter shall be deemed a municipal offense. Any person, business, corporation or other entity violating this chapter shall, upon an adjudication of guilt or a plea of no contest, be fined a minimum of $250.00 to a maximum of $1,500.00. Each separate day on which a violation is committed or continues shall constitute a separate offense. The municipal court judge shall have no authority to suspend all or a portion of the minimum fine. (Ord. 549 1 (part), 2005) 5-430 - Other legal action. (a) Any person, business, corporation or other entity who violates any provision of this chapter, and provision of any permit issued pursuant to this chapter, or who unlawfully discharges, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act and/or the Porter-Cologne Act and may be subject to the enforcement provisions of those acts, including civil and criminal penalties. Any enforcement actions authorized pursuant to this chapter may also include notice to the violator of such potential liability pursuant to federal law. (b) Notwithstanding any other remedies or procedures available to the city, if any person, business, corporation or other entity discharges into the storm drainage system in a manner that is contrary to the provisions of this chapter, the city attorney may commence an action for appropriate legal and equitable relief including damages and costs in the District Court of Contra Costa County. The city attorney may seek a preliminary or permanent injunction or both which restrains or compels the activities on the part of the discharger. (c) In addition to the penalties specified previously, any violator is subject to the following statutory penalties: (1) Water Code Violations. Section 13387(a)(4) of the Water Code specifies, among other things, that a "knowing" or negligent violation of the Federal Clean Water Act Section 301 (33 U.S.C. Section 311) is a crime, subject to the following penalties:
(A) Negligent Violation (misdemeanor) - Minimum fine $13,500.00 to a maximum of $67,500.00 and/or up to one year in jail. (B) Knowing Violation (felony) - Minimum fine $13,500.00 to a maximum of $135,500.00 and/or up to three years in jail. Repeat violations, or violations which place a person in imminent danger of death or serious bodily injury, call for even greater penalties. (2) Government Code Violations (Oil Spill Prevention and Response Act). (A) Section 8670.64(3) provides that it is illegal if any person, business, corporation or other entity knew or reasonably should have known that he or she was engaging in or causing the discharge or spill (42 gallons or more) of oil to marine waters. A violation may be a felony or misdemeanor, with penalties of up to three years in state prison and/or a fine and penalty assessment of not less than $13,500.00 and up to $1,350,000.00. (B) Section 8670.66(a) provides for civil penalties of between $25,000.00 and $500,000.00 for an intentional or negligent spill of a barrel or more of oil to marine waters. (3) Penal Code Violations. (A) Section 374.7 prohibits the littering or dumping of waste matter into a bay, lagoon, channel, river, creek, creek bank or within 150 feet of the high water mark of a body of water. A violation is a misdemeanor punishable by up to six months in jail, and a fine of between $270.00 and $2,700.00. (B) Section 374.8 prohibits knowingly causing any "hazardous substance" to be deposited on any road, street, land of another without permission, or into the waters of the state. A violation can be a felony or misdemeanor, punishable by up to three-years in prison and a fine of between $135.00 to $27,000.00. (C) Sections 374.3(a) and (b) prohibit the placing, depositing, or dumping of any waste matter or any rocks or dirt, or causing the same, on any highway or road, on any private property without consent of the owner, or in or upon any public park property. A violation is punishable as an infraction, with a fine of between $675.00 and $2,700.00, and may include the requirement to remove the material dumped. (D) Section 674.3(h) prohibits the placing, depositing, or dumping of waste matter in commercial quantities (one cubic yard or more), or causing the same, on any highway or road, on any private property without the consent of the owner, or in or upon any public park property. A violation is punishable as a misdemeanor, with a fine of between $1,350.00 and $4,050.00 and/or six-month jail sentence. (4) Hazardous Waste Control Law (Chapter 6.5 of Division 20 of the Health and Safety CodeSections 251000 et seq.). The HWCL enacts a "cradle to grave" system for regulating the state prison sentence and generation transportation, treatment and disposal of hazardous waste. Disposal of hazardous waste to water (or any place else in the environment) without a permit or other authorization from the department of toxic substances control is illegal. Intentional, knowing, or negligent disposal of hazardous waste may be a felony, and may result in fines of as high as $250,000.00 and a prison sentence. Civil penalties may be up to $25,000.00 per violation. (d) The extent of fines, penalties and prison sentences indicated herein are subject to change in
accordance with revisions in state and federal laws and regulations. (Ord. 549 1 (part), 2005) 5-431 - Fees, charges, fines, penalties, recovery of cost to city to abate, special assessment. (a) Fees and charges for administration and enforcement of the provisions of this chapter shall be as specified by Chapter 1-6 of this code and as further specified herein. (b) Any expense related to administration, enforcement and abatement pursuant to the provisions of this chapter by the city shall be fully reimbursed by the owner, business, contractor, utility company or entity in accordance with Stormwater Pollution Prevention Ordinance No. 549. (c) Within 90 days after abatement by city representatives, the director shall notify the property owner of the costs of abatement, including administrative costs, legal fees, and the deadline for payment. The property owner may protest the amount of the abatement cost before the city council. The written protest must be received by the city manager's office within 15 days of the date of the notification. A hearing on the matter will be scheduled before the city council. The decision of the city council shall be final. (d) If the amount due is not paid within the protest period or within ten days following of the decision of the city council, a special assessment shall be filed against the property and shall constitute a lien on the property for the amount of the assessment. A copy of the resolution shall be turned over to the county clerk so that the clerk may enter the amounts of the assessment against the parcel as it appears on the current assessment roll, and the treasurer shall include the amount of the assessment on the bill for taxes levied against the parcel of land. (Ord. 549 1 (part), 2005) 5-432 - Remedies not exclusive. The remedies identified in this chapter are in addition to, and do not supersede or limit, any and or all other remedies, administrative, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. (Ord. 549 1 (part), 2005)
Article 7. - Appeals
5-433 - General. 5-434 - Appeal of cease and desist order. 5-435 - Appeal of administrative citations. 5-436 - Appeal of administrative remedies. 5-437 - Judicial review. 5-438 - Liability and hold harmless.
5-433 - General. (a) Except as appeal procedures are specified by other provisions of this section or other applicable provisions of the Lafayette Municipal Code, any recipient of a written notice issued by an enforcement officer may file a written appeal with the director. Such appeal must be made within ten calendar days following the date of the notice, upon a form provided by the city. (b) Upon receipt of the request, the director shall set the matter for hearing at the earliest practical date. At the hearing, the director may hear additional evidence, and may reject, affirm or modify the written notice requirements. The action upon the appeal by the director shall be final. (Ord. 549 1 (part), 2005) 5-434 - Appeal of cease and desist order. (a) Any person, business, corporation or other entity receiving a cease and desist order may appeal, following immediate corrective action taken to alleviate the pollutant situation, the order to the director. The written appeal must be received by the director within seven days of the date of the order. The director will affirm, modify or rescind the order in writing, within seven days of the date of the appeal. (b) Any person, business, corporation or other entity may appeal the decision of the director to the city council by submitting a written appeal to the city clerk within 15 days of the date of the director's written decision. A hearing on the appeal will be scheduled before the city council. The decision of the city council shall be final. (Ord. 549 1 (part), 2005) 5-435 - Appeal of administrative citations. A recipient of an administrative citation issued pursuant to Title 1, General Provisions, Chapter 1-9 (Administrative Citations) of the Lafayette Municipal Code may request a hearing to appeal such citation in accordance with Section 1-1005 (Hearing) of said chapter. (Ord. 549 1 (part), 2005) 5-436 - Appeal of administrative remedies. A recipient of a compliance order issued pursuant to Title 1, General Provisions, Chapter 1-10 (Administrative Remedies) of the Lafayette Municipal Code may request a hearing to appeal such order in accordance with Section 1-1005 (Hearing) of said chapter. (Ord. 549 1 (part), 2005) 5-437 - Judicial review. The provisions of Code of Civil Procedure Section 1094.5 are applicable to judicial review of determinations made by the director pursuant to this chapter. (Ord. 549 1 (part), 2005) 5-438 - Liability and hold harmless. (a) Liability for prohibited discharge lies with the person, business, corporation or other entity causing
or responsible for the discharge, and that person, business, corporation or other entity shall defend, indemnify and hold harmless the city and its employees in every administrative and judicial enforcement action relating to the discharge. (b) The ordinance codified in this chapter shall not create liability on the part of the city of Lafayette, or any agent or employee thereof for any damages that result from any discharger's reliance on this article, ordinance or any administrative decision lawfully made thereunder. (Ord. 549 1 (part), 2005)
Chapter 5-5 - RESTRICTIONS ON THE ADVERTISING, ACCESS AND PROMOTION OF TOBACCO PRODUCTS TO MINORS
Sections:
Article 1. - General Article 2. - Restriction on Tobacco Advertising, Sales and Promotions to Minors Article 3. - Retailer License Requirement
Article 1. - General
5-501 - Purpose. 5-502 - Definitions. 5-503 - Administration.
5-501 - Purpose. The purpose of the ordinance codified in this chapter is to promote the welfare of minors by discouraging the commercial exploitation of potential underage tobacco users and by discouraging actions that promote the unlawful sale of tobacco products to minors as well as the unlawful purchase or possession of tobacco products by minors. (Ord. 507 2 (part), 1999) 5-502 - Definitions. In this chapter: (a) "Advertising display" sign means a sign, billboard, signboard, poster, placard, freestanding sign, pennant, banner, graphic display, mural or similar device that is used to advertise or promote a product. It includes a sign which is temporary or permanent, placed on or affixed to the ground, sidewalk, a pole or post, fence, or a building, or displayed in the window or door of a commercial
establishment. (b) "City manager" means the city manager or his/her designee.
(c) "Mobile billboard" means an advertising display sign which is placed on or affixed to a parked vehicle used primarily to advertise a product. (d) "Offering for sale" refers to tobacco products that are sold or displayed in the retail establishment. (e) "Promotion" means a display of a logo, brand name, character, graphic, artwork, color, scene or design that is a recognized image of a particular product brand that calls the public's attention to the product brand. (f) "Publicly visible location" means an outdoor location that is visible from a street, sidewalk or other public thoroughfare, or a location inside a commercial establishment that is in or adjacent to a window or doorway and is visible from a street, sidewalk or other public thoroughfare. To be considered publicly visible, an inside location must be within one foot of a window or doorway. (g) "Tobacco product" means a substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco and smokeless tobacco. (Ord. 507 2 (part), 1999) 5-503 - Administration. This chapter shall be administered by the city manager. The city manager may issue guidelines to ensure implementation of this chapter. (Ord. 507 2 (part), 1999)
Article 2. - Restriction on Tobacco Advertising, Sales and Promotions to Minors

5-511 - Restrictions on the advertising of tobacco productsExceptions. 5-512 - Sale and distribution of tobacco-related promotional items prohibited. 5-513 - Self-service displays prohibited. 5-514 - Violations. 5-515 - Additional remediesDisclaimers.
5-511 - Restrictions on the advertising of tobacco productsExceptions. (a) Restriction. No person shall place or maintain any advertising or promotion of tobacco products on an advertising display sign in a publicly visible location within 1,600 feet of the perimeter of: a public or private elementary, middle or secondary school; or a public playground or playground area in a public park (e.g., a public park with equipment such as a swing, baseball diamond or basketball court). (b) Exceptions. Subsection (a) of this section does not apply to advertising or promotion for tobacco products which are:
(1) Located inside a commercial establishment, unless the advertising display sign or promotion is attached to, affixed to, leaning against, or otherwise in contact with a window or door in such a manner that it is visible from a street, sidewalk or other public thoroughfare; (2) On a vehicle, other than a mobile billboard;
(3) On a sign located inside or immediately outside a commercial establishment if the sign provides notice that the establishment sells tobacco products, so long as the sign does not promote a brand of tobacco product; or (4) On tobacco product packaging.
(Ord. 507 2 (part), 1999) 5-512 - Sale and distribution of tobacco-related promotional items prohibited. (a) No manufacturer, distributor, or retailer of tobacco products may market, license, distribute or sell an item (other than tobacco products) or service to a minor, that bears the brand name (alone or in conjunction with any other word), logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia or product identification that is identical with, similar to, or identifiable with one that is used for any brand of tobacco product. (b) No person in the business of selling or distributing tobacco products for commercial purpose shall, in the course of business, distribute, authorize or permit an agent or employee to distribute any of the following on a public street or sidewalk, in a public park or playground, or on any other public ground or in a public building: (1) a cigarette or other tobacco product; or (2) a coupon, certificate, or other written material which may be redeemed for tobacco products without charge. (Ord. 507 2 (part), 1999) 5-513 - Self-service displays prohibited. (a) It is unlawful for a person to sell, offer for sale, or display for sale any packaged tobacco product by means of a self-service display, rack, counter top or shelf that allows a self-service customer access to a packaged tobacco product. (b) Every packaged tobacco product shall be offered for sale exclusively by means of seller assistance. Every packaged tobacco product shall be located exclusively in a locked case, located behind a counter out of reach from customers, or in a similar location that is inaccessible to customers and requires seller assistance for the customer to obtain access to the packaged tobacco product. (Ord. 507 2 (part), 1999) 5-514 - Violations. (a) City Manager Review. A private citizen or a city officer or employee may submit a written complaint to the city manager concerning the advertising or promotion prohibited by this article. The city manager shall review and, if determined to be appropriate, act upon the complaint in a timely manner. The city manager may serve written notice requiring correction of violation of this article upon the person responsible for the business or for the advertising display sign or promotion or self-service display prohibited by this article. The notice shall specify a date by which the violation must be corrected. The notice shall be served by: (1) personal service or (2) certified first class mail.
(b) Correction. The person responsible shall correct the violation within the time specified in the notice. (c) Each Display and Each Day a Separate Offense. Each separate display of tobacco advertising or promotion prohibited by this article is considered a separate violation. Each day a violation continues is considered a separate violation. (d) Each Business Location a Separate Entity. For purposes of determining liability, each individual franchise or business entity is considered a separate entity. (Ord. 507 2 (part), 1999) 5-515 - Additional remediesDisclaimers. (a) Intent as to Additional Legal Restrictions and Remedies. This chapter is not intended to alter the obligations or restrictions that apply to a person under any other law governing signs, billboards, tobacco advertising or other related matter covered by this chapter. The remedies set forth in this article are not exclusive. If an action prohibited by this chapter is also unlawful under another law, the penalties and remedies under other laws may be pursued in addition to those provided in this chapter. (b) Disclaimers. By prohibiting the advertising or promotion of tobacco products in outdoor or publicly visible locations and prohibiting the distribution of tobacco-related promotional items and self-service displays of tobacco products, the city is only promoting the general welfare. It is not assuming, nor is it imposing upon its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Ord. 507 2 (part), 1999)
Article 3. - Retailer License Requirement

5-521 - License requirement generally. 5-522 - License application procedure. 5-523 - Issuance of license. 5-524 - Fee for license. 5-525 - Display of license. 5-526 - License nontransferable. 5-527 - Suspension of license. 5-528 - Administrative fine.
5-521 - License requirement generally. (a) License Required. It is unlawful for a person or retailer who, within the last 12 months, has been found to be in violation of this chapter or applicable state or federal law governing the sale and distribution of tobacco, to sell or offer for sale any tobacco product within the city without first obtaining and maintaining a tobacco retailer's license from the city. (1) It is unlawful for a person or retailer who is required to have a tobacco retailer's license to sell
or offer a tobacco product for sale if the license has been suspended under Section 5-527 (b) The city manager shall issue each tobacco retailer's license.
(c) Term of LicenseObligation to Maintain. A license is valid for three years. A person subject to this license requirement must maintain the license during the three-year period. If there is no further violation of a law regulating the sale or distribution of tobacco during that three-year period, a tobacco retailer's license is no longer required. (Ord. 507 2 (part), 1999) 5-522 - License application procedure. An application for a tobacco retailer's license shall be submitted in the name of a person or retailer, who, following a finding of violation (as referenced to in Section 5-521), proposes to conduct retail tobacco sales. The application shall be signed by the person or retailer or its authorized agent. The application shall be submitted on a form provided by the city and shall contain the following information: 1. 2. The names, address and telephone number of the applicant; The business name, address and telephone number where tobacco is to be sold; and
3. Such other information as the city manager determines is reasonably necessary for implementation of this chapter. (Ord. 507 2 (part), 1999) 5-523 - Issuance of license. Upon receipt of a completed application for a tobacco retailer's license, including payment of the license fee, the city manager shall issue a license. (Ord. 507 2 (part), 1999) 5-524 - Fee for license. The fee for a tobacco retailer's license shall reflect the actual cost of processing the license, including inspection of the tobacco retailer's business premises and implementation of the licensing program, as established by resolution of the city council. The fee shall not exceed $500.00 annually. (Ord. 507 2 (part), 1999) 5-525 - Display of license. The license must be prominently displayed at the location where tobacco retail sales are conducted. (Ord. 507 2 (part), 1999) 5-526 - License nontransferable. The tobacco retailer's license is nontransferable. If there is a change in location, a new tobacco retail license will be issued for the new address upon receipt of an application for change of location. The new license retains the same expiration data as the previous one.
(Ord. 507 2 (part), 1999) 5-527 - Suspension of license. (a) Suspension of License. To discourage violations of law, a tobacco retailer's license may be suspended if the city manager finds that the licensee or an employee has violated any law regulating the sale or distribution of tobacco. (Section 5-521(a)) The city manager may suspend the license only after giving the licensee notice and a reasonable opportunity to be heard on the matter. The city manager shall put the findings regarding the violation in writing. (b) Time Period of Suspension. (1) The first time that the city manager finds a violation occurred, the license to sell tobacco products may be suspended for up to 60 days. (2) After the second time that the city manager finds a violation occurred within a 12-month period, the license to sell tobacco products may be suspended for up to 120 days. (3) After the third and each subsequent time that the city manager finds a violation occurred within a 12-month period, the license to sell tobacco products may be suspended for up to one year. (c) Appeal of Suspension. A decision of the city manager to suspend a tobacco retailer's license may be appealed to the city council or its designee. (Ord. 507 2 (part), 1999) 5-528 - Administrative fine. (a) Imposition of FineAmounts. If the city manager finds a person or retailer is selling or offering tobacco products for sale without a valid tobacco retailer's license (or with a suspended license), that person or retailer is subject to an administrative fine, as permitted under Government Code Section 53069.4. A fine may be imposed only after the city manager gives notice and an opportunity to be heard. The fine amount is: (1) (2) (3) Up to a maximum $100.00 for a first violation; Up to a maximum $200.00 for a second violation within one year; Up to a maximum $500.00 for the third and subsequent violations within one year.
Each day that a tobacco product is offered for sale without a license by a person or retailer required to have a license is a separate violation. (b) Fine Procedures. Notice of the fine shall be served on the person or retailer who is the owner of the establishment by certified first-class mail. The notice shall contain notice of the right to request a hearing before the city council or its designee contesting the imposition of the fine. The hearing must be requested within ten days of the date of the notice of the fine. (c) Judicial Review. A person contesting the decision of the city council may seek judicial review under Government Code Section 53069.4(b).
(d) Failure to Pay Fine. An outstanding fine must be paid before the city may issue the tobacco retailer's license. (Ord. 507 2 (part), 1999)
Chapter 5-6 - CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING

Sections:
5-601 - Definitions. 5-602 - Threshold for covered projects. 5-603 - Submission of a waste management plan. 5-604 - Performance security. 5-605 - Review of a waste management plan. 5-606 - Compliance with a waste management plan. 5-607 - Infeasibility exemption. 5-608 - Appeal. 5-609 - Enforcement.
5-601 - Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Applicant" means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who applies to the city for the applicable permits or approvals to undertake construction, demolition or renovation projects within the city. (b) "Construction" means the building or improvement of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure. (c) "Construction and demolition debris" ("C&D debris") means used or discarded materials removed from premises during construction or renovation of a structure resulting from construction, remodeling, repair or demolition operations on any pavement, residential or commercial building or other structure. (d) "Conversion factor" means the value set forth in the standardized volume-to-weight conversion table approved by the city pursuant to this chapter for use in estimating the volume or weight of materials identified in a waste management plan. (e) "Covered project" means the projects that shall be subject to the requirements of Section 5-602(a) of this chapter. (f) "Deconstruction" means the process of carefully dismantling a building or structure in order to salvage components for reuse or recycling. (g) "Demolition" means the decimating, razing, ruining, tearing down or wrecking of any facility,
structure, pavement or building, whether in whole or in part, whether interior or exterior. (h) "Divert" means to use material for any purpose other than disposal in a landfill or transformation facility. (i) "Diversion requirement" means redirection from the waste stream of at least 50 percent of the total construction and demolition debris generated by a project via reuse or recycling, unless the applicant has been granted an infeasibility exemption pursuant to Section 5-607, in which case the diversion requirement shall be the maximum feasible diversion rate established by the WMP compliance official for the project. (j) "Noncovered project" shall have the meaning set forth in subsection 5-602(b) of this chapter.
(k) "Project" means any activity, which requires an application for a building, grading or demolition permit, or any similar permit from the city. (l) "Recycling" means the process of collecting, sorting, cleansing, treating and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused or reconstituted products which meet the quality standards necessary to be used in the marketplace. (m) "Renovation" means any change, addition or modification in an existing structure. (n) "Reuse" means further or repeated use of materials in their original form.
(o) "Salvage" means the controlled removal of construction or demolition debris from a permitted building or demolition site for the purpose of recycling, reuse or storage for later recycling or reuse. (p) "Tenant improvements" means a project involving structural or other modifications to an existing developed property resulting in the generation of C&D debris. (q) "Total costs" means the total construction value of the project using standard commercial and residential valuation formulas. (r) "Vendor" means a commercial recycler permitted by CCCSWA.
(s) "Waste management plan" ("WMP") means a completed WMP form, approved by the city for the purpose of compliance with this chapter, submitted by the applicant for any covered project. The WMP shall identify C&D debris materials that will be generated for disposal and recycling and shall contain actual material weight or volume and disposal and recycling receipts. (t) "WMP compliance official" ("official") means the designated city employee(s) authorized and responsible for implementing this chapter. (Ord. 535 2, 2002) 5-602 - Threshold for covered projects. (a) Covered projects. All construction, demolition and renovation projects within the city, the total costs of which are, or are projected to be, greater than or equal to $50,000, or which involve the construction, demolition or renovation of 5,000 square feet or more shall be considered covered
projects and shall comply with this chapter. For the purposes of determining whether a project meets the foregoing thresholds, all phases of a project and all related projects taking place on a single or adjoining parcels, as determined by the official, shall be deemed a single project. (b) Noncovered projects. Construction, demolition and renovation projects within the city that have not met the threshold for covered projects shall be considered noncovered projects. Applicants for noncovered projects shall be encouraged to divert as much project-related C&D debris as possible. (c) Public projects undertaken by the city or redevelopment agency. All construction, demolition and renovation projects undertaken by the city or redevelopment agency whose total costs are equal to or greater than $50,000, or which involve the construction, demolition or renovation of 5,000 square feet or more shall be considered covered projects for the purposes of this chapter. The project sponsor shall submit a WMP to the official prior to beginning any construction or demolition activities and shall be subject to all applicable provisions of this chapter. (d) Building, grading and demolition permits. No building, grading or demolition permit shall be issued for a covered project unless and until the official has approved a WMP for the project. Compliance with the provisions of this chapter shall be listed as a condition of approval on any building, grading or demolition permit issued for a covered project. (Ord. 535 2, 2002) 5-603 - Submission of a waste management plan. (a) WMP form. Applicants for any covered projects shall complete and submit a WMP on a form approved by the city for this purpose as part of the application submittal requirements for a building, grading or demolition permit. The completed WMP shall indicate all of the following: (1) A list of the C&D debris material types to be generated; and
(2) An acknowledgement of responsibility that the applicant understands the consequences of not meeting the 50 percent diversion requirement and that the applicant is responsible for the actions of their contractors or other agents with regard to the diversion requirement. (b) Deconstruction. In preparing the WMP, an applicant for a covered project involving the removal of all or part of an existing structure shall consider deconstruction, to the maximum extent feasible, and shall make the materials generated thereby available for salvage prior to landfilling. (Ord. 535 2, 2002) 5-604 - Performance security. The applicant shall submit a performance security with the WMP. The amount of the performance security shall be calculated as a percentage of a project's total costs, as follows: Project Total Costs 50,000 500,000 500,001 1,000,000 1,000,001 2,000,000 Performance Security % 2.00 1.75 1.50 Performance Security $ 1,000 10,000 10,000 18,750 18,750 33,750
2,000,001 5,000,000 Above 5,000,000 (Ord. 535 2, 2002)
1.25 1.00
33,750 91,250 91,250 and up
5-605 - Review of a waste management plan. (a) Approval. Notwithstanding any other provision of the Lafayette Municipal Code, no building, grading or demolition permits shall be issued for any covered project, nor shall any demolition, construction or renovation take place on any covered project, unless and until the official has approved the WMP. Approval shall not be required, however, when the city determines an emergency demolition is required to project public health or safety. A WMP shall be approved only if the official determines that the following conditions have been met: (1) The WMP provides all of the information set forth in subsection 5-603(a); and
(2) The WMP indicates that at least 50 percent of all C&D debris generated by the project will be diverted. If the official determines that these two conditions have been met, the WMP shall be marked as "Approved" and a copy of the WMP returned to the applicant. (b) Nonapproval. If the official determines that the WMP does not comply with the provisions of Section 5-603(a), the official shall either: (1) Return to the applicant the WMP marked "Denied", including a statement of reasons for nonapproval; or (2) Return to the applicant the WMP marked "Further Explanation Required."
(Ord. 535 2, 2002) 5-606 - Compliance with a waste management plan. (a) Documentation. Within 30 days after the completion of any covered project, the applicant shall submit documentation that it has met the diversion requirement for the project to the official. This documentation shall include the following: (1) A copy of the previously approved WMP for the project with the addition of the actual material volume or weight generated by the project; (2) Receipts from both disposal and recycling facilities and/or vendors that received each material showing whether the material was landfilled or recycled; and (3) Any additional information that the applicant believes is relevant to determining its efforts to comply in good faith with this chapter. (b) Weighing of wastes. Applicants shall make reasonable efforts to ensure that all C&D debris diverted or landfilled are measured and recorded using the most accurate method of measurement available. To the extent practical, all C&D debris shall be weighted by measurement on scales. Such scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For
C&D debris for which weighing is not practical due to small size or to other considerations as determined by the official, a volumetric measurement shall be used. For conversion of volumetric measurements to weight, the applicant shall use the standardized conversion rates approved by the city for this purpose. (c) Determination of compliance. The official shall review the information submitted pursuant to subsection 5-606(a) and determine whether the applicant has complied with the diversion requirement as follows: (1) Full compliance. If the official determines that the applicant has fully complied with the diversion requirement applicable to the project, such compliance shall be indicated on the WMP and the full performance security shall be released to the applicant within 30 days after full compliance is determined. (2) Good effort to comply. If the diversion requirement has not been achieved, the official shall determine on a case-by-case basis whether the applicant has made a good faith effort to comply with the chapter. In making this determination, the official shall consider the availability of markets for the C&D debris landfilled, the size of the project and the documented efforts of the applicant to divert the C&D debris. If the official determines that the applicant has made a good faith effort to comply with this chapter, such determination shall be indicated on the WMP and the full performance security shall be released to the applicant within 30 days after full compliance is determined. (3) Noncompliance. If the official determines that the applicant has not complied with the WMP, only that portion of the performance security equivalent to the portion of C&D debris actually diverted compared to the portion that should have been diverted according to the WMP shall be released to the applicant. Any portion of the performance security not released to the applicant shall be forfeited to the city to recover the costs of administering the provisions of this chapter. If the official determines that the applicant has fully failed to comply with the WMP or other provisions of this chapter, then the full amount of the performance security shall be forfeited to the city to recover the costs of administering the provisions of this chapter. (Ord. 535 2, 2002) 5-607 - Infeasibility exemption. (a) Application. If an application for a covered project experiences unique circumstances that the applicant believes makes it infeasible to comply with the diversion requirement, the applicant may apply for an exemption at the time that the WMP is submitted as required under Section 5-603. The applicant shall indicate on the WMP the minimum rate of diversion that is feasible for each material and the specific circumstances that makes it infeasible to comply with the diversion requirement. Increased costs to the applicant generally will not be sufficient basis for an exemption unless such costs are extraordinary. (b) Meeting with the official. The official shall review the information supplied by the applicant and may meet with the applicant to discuss possible ways of meting the diversion requirement. The official may request staff from the CCCSWA to attend this meeting or may require the applicant to request a separate meeting with CCCSWA staff. Based on the information supplied by the applicant and, if applicable, CCCSWA staff, the official shall determine whether it is possible for the applicant to meet the diversion requirement.
(c) Granting of exemption. If the official determines that it is infeasible for the applicant to meet the diversion requirement due to unique circumstances, the official shall determine the minimum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the applicant. The official shall return a copy of the WMP to the applicant marked "Approved for Infeasible Exemption." (d) Denial of exemption. If the official determines that it is possible for the applicant to meet the diversion requirement, the official shall so inform the applicant in writing. The applicant shall have 30 days to resubmit a WMP form in compliance with Section 5-603. If the applicant fails to resubmit the WMP, or if the resubmitted WMP does not comply with subsection 5-605(a), the official shall deny the WMP in accordance with subsection 5-605(b). (Ord. 535 2, 2002) 5-608 - Appeal. Appeal of a determination made under this chapter shall be made to the city council pursuant to Section 1-214 of the Lafayette Municipal Code and shall be limited to 1) the granting or denial of an exemption or 2) whether the applicant has made a good faith effort to comply with the WMP. (Ord. 535 2, 2002) 5-609 - Enforcement. Violation of any provision of this chapter may be enforced through remedies pursuant to the Lafayette Municipal Code, including Chapters 1-3, 1-9 and 1-10. (Ord. 535 2, 2002)
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION
Title 6 - PLANNING AND LAND USE*

Chapters:
Part 1. - General Administration Part 2. - General Regulations Part 3. - Land Use Districts Part 4. - Special Land Use Regulations Part 5. - Signs and Outdoor Advertising Part 6. - Subdivisions Part 7. - Special Housing Regulations
Part 1. - General Administration

Chapter 6-1 - PLANNING AND ZONING ADMINISTRATION Chapter 6-2 - APPLICATIONS AND PERMITS
Chapter 6-1 - PLANNING AND ZONING ADMINISTRATION

Sections:
6-101 - Composition of planning agency.* 6-102 - Powers and duties of the planning commission. 6-103 - Zoning administrator. 6-104 - Procedural rules for conduct of duties of zoning administrator. 6-105 - Duties of zoning administrator. 6-106 - Planning staff. 6-107 - Duties of planning director.* 6-108 - Repealed by Ordinance 317.
6-101 - Composition of planning agency.* Under Sections 65100 through 65906 of the Government Code there is created the planning agency of the city consisting of the following: (a) (b) City council; Planning commission;
(c) (d) (e)
Zoning administrator; Planning staff; Design review committee.
(Ord. 324 2 (part), 1984; Ord. 101 1 (part), 1973)

* Editor's Note: Ordinance 214, which amended 6-101, was itself repealed by Ordinance 317, effective June 13, 1985.
6-102 - Powers and duties of the planning commission. The planning commission shall: (a) Exercise the powers and duties prescribed by statute and ordinance and as assigned by the city council; (b) Initiate preparation of general plans, specific plans, regulations, programs and legislation to implement the planning and zoning power of the city; (c) Be generally responsible for advising the city council of matters relating to planning which, in the opinion of the commission, should be studied; (d) Hear and decide each application for land use permit, rezoning, minor subdivision, and site plan and building elevations approval, unless otherwise specified in this title; (e) Hear and decide each application for variance and land use permit referred to it by the zoning administrator; (f) Be the advisory agency for the purpose of administering the laws and ordinances governing review and approval of subdivisions; (g) Act as the board of appeals to hear and decide each appeal from an order, requirement, decision or determination made by the zoning administrator; (h) Hear and decide each appeal from an order, requirement, decision or determination made by the planning director in the administration and enforcement of the zoning regulations; and (i) Hear and decide each proposal for the revocation of a land use permit or variance.
(Ord. 300 2, 1984; Ord. 101 1 (part), 1973) 6-103 - Zoning administrator. The office of the zoning administrator is established. The planning director is the zoning administrator. (Ord. 275 1, 1982: Ord. 101 1 (part), 1973) 6-104 - Procedural rules for conduct of duties of zoning administrator. The city council shall, by resolution, adopt rules and regulations for the transaction of business by the zoning administrator. (Ord. 101 1 (part), 1973)
6-105 - Duties of zoning administrator. (a) The zoning administrator shall hear and decide each application for variance permit unless he determines that, because of the probable controversial nature of the proposal or because of its significance to the entire city, the planning commission should hear and decide the application. (b) The zoning administrator shall have such authority, and shall perform such duties, under such terms, conditions and restrictions, as may be specified elsewhere in this title. (Ord. 275 2, 1982: Ord. 101 1 (part), 1973) 6-106 - Planning staff. There is in the city government a group of employees known as the planning staff. The administrative officer of the planning staff is the planning director. Subject to approval of the city council, the city manager shall determine which city employees comprise the planning staff. (Ord. 101 1 (part), 1973) 6-107 - Duties of planning director.* The planning director is the chief administrative officer of the planning staff. He shall advise the planning commission and the design review committee, and conduct investigations and make reports and recommendations on matters relating to planning and land use, zoning, subdivisions, minor subdivisions and architectural controls, and shall review such other matters as directed. (Ord. 214 2 (part), 1984; Ord. 101 1 (part), 1973)
* Editor's Note: Ordinance 214, which amended 6-107, was itself repealed by Ordinance 317, effective June 13, 1985.
6-108 - Repealed by Ordinance 317.
Chapter 6-2 - APPLICATIONS AND PERMITS

Sections:
Article 1. - In General Article 2. - Notices, Hearings and Findings Article 3. - Decisions and Appeal Article 4. - Expiration and Revocation Article 5. - Design Review
Article 1. - In General
6-201 - Application form.
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-202 - Fees fixed by city council resolution. 6-203 - Who qualifies as an applicant. 6-204 - Repealed by Ordinance 324. 6-205 - Processing application and setting public hearing.
6-201 - Application form. The planning director shall prescribe the form for each application provided for or required under this title. The planning director may require an applicant to submit such information and supporting data as he considers necessary to the processing of the application. (Ord. 101 1 (part), 1973) 6-202 - Fees fixed by city council resolution. The city council shall, by resolution, fix the fee to be charged for the filing and processing of the application, the preparation of environmental impact statements, and the appeal from the decision of a subordinate agency. (Ord. 101 1 (part), 1973) 6-203 - Who qualifies as an applicant. Only a qualified applicant may file an application. A qualified applicant is a person who has either (a) a freehold interest in the land which is the subject of the application, (b) a possessory interest in that land which entitles him to exclusive possession, or (c) a contractual interest which is specifically enforceable and thereby may become a freehold or exclusive possessory interest. The planning director may require an applicant to submit proof of his interest. "Applicant" includes an authorized agent. The planning director may require an agent to submit evidence of his authority to act. (Ord. 101 1 (part), 1973) 6-204 - Repealed by Ordinance 324. 6-205 - Processing application and setting public hearing. The planning director shall endorse on it the date the application is received. He shall review each application. If he finds that it is complete, he shall accept it for filing. When a public hearing is required, the planning director shall fix the time for the holding of a public hearing and give the notice required by law. (Ord. 101 1 (part), 1973)
Article 2. - Notices, Hearings and Findings

6-210 - Planning director's duty to give notice. 6-211 - Notice requirements. 6-212 - Rules governing conduct of hearingOpportunity to be heard and burden of proof. 6-213 - Findings before making recommendation on change in land use district classification or land use Lafayette, California, Code of Ordinances Page 4 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION regulation. 6-214 - Specific findings necessary for variance. 6-215 - Specific findings necessary for land use permit. 6-216 - Findings for approval of subdivision or minor subdivision. 6-217 - Repealed by Ordinance 324. 6-218 - Conditions to approval. 6-219 - Repealed by Ordinance 324. 6-220 - Contract zoning.
6-210 - Planning director's duty to give notice. The planning director shall give the notice of public hearing required by law. The form of the notice shall contain: (a) The time and place of the hearing;
(b) A general explanation of the matter to be considered, including a general description of the area affected; and (c) Other information the planning director considers necessary or desirable.
(Ord. 101 1 (part), 1973) 6-211 - Notice requirements. The notice requirement is as follows: (a) For a public hearing on an application for rezoning, adoption of land use regulation authorized under Government Code Section 65850, approval of tentative subdivision map, approval of minor subdivision map, land use permit, or site plan and building elevations approval: (1) Publication of a notice once at least ten calendar days before the hearing in a newspaper of general circulation published and circulated in the city; (2) Posting at least ten calendar days before the hearing in at least three conspicuous places at a distance of not less than 100 feet apart and in close proximity to the exterior boundaries of the subject property; and (3) Mailing notice postage prepaid and at least ten calendar days before the hearing to owners of property which is contiguous to the subject property, and to the owners of other property which, in the opinion of the planning director, is directly affected by the proposal. Failure of any property owner to receive notice shall not invalidate the proceedings. The planning director may use names and addresses either (A) from the last equalized assessment roll, (B) from other records of the assessor or tax collector as contain more recent addresses, or (C) as known to him as being more recent or current. (b) For a public hearing on an application for a variance permit, the notice is by posting and mailing as required under subparagraphs (2) and (3) of subsection (a) of this section. Publication is not required. (Ord. 101 1 (part), 1973)
6-212 - Rules governing conduct of hearingOpportunity to be heard and burden of proof. The city council shall adopt rules governing the conduct of public hearings by the zoning administrator, the planning commission and the city council. Each may supplement the rules prescribed by the city council by adopting such additional rules as it determines necessary or convenient. The public hearing shall be conducted in accordance with the rules governing the conduct of hearings by the zoning administrator, the planning commission or the city council, as the case may be. Each person interested in the matter shall be given an opportunity to be heard. In each case the applicant has the burden of proof at the public hearing on the application and at the public hearing on the appeal. (Ord. 101 1 (part), 1973) 6-213 - Findings before making recommendation on change in land use district classification or land use regulation. Before making its recommendation on the application for (1) change of land use district applicable to the subject property or (2) change in the text of land use regulations, the planning commission shall determine whether or not: (a) The change proposed is consistent with the general plan and each element of it;
(b) In the case of a general land use regulation, the proposed change is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed; and with the regulations for other land use districts; and (c) Community need is demonstrated for the change proposed.
(Ord. 101 1 (part), 1973) 6-214 - Specific findings necessary for variance. (a) A variance is a modification of the requirements of zoning regulations as to lot area, lot coverage, width, depth, side yard, rear yard, setback, parking requirements, height of building, or other regulation affecting the size, shape or design of a lot or the placement of buildings on it. A variance may only be granted when: (1) Because of special circumstances concerning the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning regulations deprives the property of privileges enjoyed by other properties in the vicinity and in the same land use district; (2) The variance will not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district; and (3) The variance substantially complies with the intent and purpose of the land use district in which the property is classified. (b) The granting authority must make specific findings that each of the standards described in subsection (a) of this section is met before it may grant the variance. (Ord. 101 1 (part), 1973)
6-215 - Specific findings necessary for land use permit. (a) A land use permit is an authorization for a use consistent with other permitted uses in the applicable zoning district. It may be granted only after a public hearing and determination that the particular use sought is appropriate to the specific location. A land use permit may be granted only when the proposed land use: (1) (2) Is not detrimental to the health, safety and general welfare of the city; Will not adversely affect the orderly development of property within the city;
(3) Will not adversely affect the preservation of property values and the protection of the tax base within the city; (4) Is consistent with the general plan and each element of it and will not adversely affect the policies and goals set forth in the general plan; (5) (6) (7) Will not create a nuisance or enforcement problem within the neighborhood; Will not encourage marginal development within the neighborhood; and Is consistent with the purpose section of the zoning district in which it is located.
(b) The granting authority must make specific findings that each of these standards is met before it may grant the land use permit. (Ord. 359 1 (C), 1987: Ord. 101 1 (part), 1973) 6-216 - Findings for approval of subdivision or minor subdivision. The findings necessary for approval of the tentative map for a subdivision or a minor subdivision map are the same as set forth in Section 6-215 for granting a land use permit. In addition, a tentative subdivision map and a minor subdivision map shall be denied approval if the approving authority makes any finding set forth in Business and Professions Code Section 11549.5. (Ord. 101 1 (part), 1973) 6-217 - Repealed by Ordinance 324. 6-218 - Conditions to approval. The zoning administrator or the planning commission acting on the original application, and the planning commission or the city council acting on an appeal, may impose such reasonable conditions to (a) the approval of a tentative subdivision map, minor subdivision map or site plan and building elevations, or (b) the grant of a land use permit or variance, as it considers necessary to carry out the purpose and intent of this title and comply with the general plan and each of its elements. The conditions which may be imposed include but are not limited to dedication of right-of-way, construction of public facilities and other improvements, detailed plan approval, architectural standards, access controls, time limitation, phasing of improvements, planting and screening. (Ord. 101 1 (part), 1973)
6-219 - Repealed by Ordinance 324. 6-220 - Contract zoning. The city council may, pursuant to a written and recorded agreement between the city and all owners of record of the property, impose reasonable conditions to the land use reclassification of property, where it finds that the conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city. (Ord. 101 1 (part), 1973)
Article 3. - Decisions and Appeal

6-225 - Time and manner of decision. 6-226 - When decision is final. 6-227 - Denial without prejudice. 6-228 - Appeal by city councilman. 6-229 - Appeal by planning commissioner. 6-230 - Filing and form of notice of appeal. 6-231 - Reasons for appeal. 6-232 - Appeal from action of zoning administrator. 6-233 - Appeal from decision of planning commission. 6-234 - Appeal from decision of staff. 6-235 - City council decision on appeal. 6-236 - Limitations of actions attacking certain decisions. 6-237 - Reconsideration. 6-238 - Time limit on reapplication for same matter.
6-225 - Time and manner of decision. (a) Form. After hearing the evidence and considering the application, the granting authority shall make its findings and have them entered in the minutes. If the granting authority is the zoning administrator, he shall make his findings in writing. (b) Time. The granting authority shall, unless the applicant agrees to a continuance beyond this limit, hear the matter and close the hearing within 120 days after the date of the application; and shall make its findings and render its decision within 30 days after the close of the public hearing. (c) Notice of Decision. The planning director shall have a notice of the decision mailed to the applicant at the address given in the application and to each other person who requests it in writing. (d) Acceptance Is Applicant's Agreement. The applicant's acceptance of the decision is his agreement to comply with the decision and its terms and conditions. (Ord. 101 1 (part), 1973) 6-226 - When decision is final. (a) A decision by the granting authority is not final until the time for appeal expires. The time for
appeal is as follows: (1) In the case of an appeal from the planning commission recommendation against changing property from one land use classification to another, within five calendar days after the planning commission files its recommendation with the city council (Government Code Section 65856); (2) In the case of an appeal from any other action of the planning commission or the action of the zoning administrator, within 14 calendar days after the date of the decision. (b) The time for appeal may not be extended.
(Ord. 101 1 (part), 1973) 6-227 - Denial without prejudice. If the granting authority denies an application "without prejudice," the applicant may reapply for substantially the same request without complying with the time limit prescribed in Section 6-238. (Ord. 101 1 (part), 1973) 6-228 - Appeal by city councilman. (a) A city councilman may appeal a decision of the zoning administrator or the planning commission whenever he believes that a decision on an application is of such importance that it should be reviewed. (b) The appeal of a decision of the zoning administrator is to the planning commission and shall be processed in the same manner as appeals by other persons from a decision of the zoning administrator. (c) The appeal of a decision of the planning commission shall be presented to the city council before the appeal hearing is held. If three members of the city council object to considering the matter, the appeal of the councilman is considered as abandoned and the time for appeal by any other person begins to run from this abandonment. The councilman appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the city council. (Ord. 101 1 (part), 1973) 6-229 - Appeal by planning commissioner. A planning commissioner may appeal a decision of the zoning administrator whenever he believes that a decision on an application is of such importance that it should be reviewed. The appeal shall be presented to the planning commission before the appeal hearing is held. If four members of the planning commission object to considering the matter, the appeal of the commissioner is automatically abandoned and the time for appeal by any other person begins to run from this abandonment. The commissioner appealing the decision is not disqualified by that action from participating in the appeal hearing and the deliberations, nor from voting as a member of the planning commission. (Ord. 101 1 (part), 1973)
6-230 - Filing and form of notice of appeal. The notice of appeal shall be filed with the designated city official. It shall contain the name and address of the person appealing the action, the decision appealed from and the grounds for the appeal. The planning director shall provide the form of notice of appeal. (Ord. 101 1 (part), 1973) 6-231 - Reasons for appeal. The applicant or any other person who is dissatisfied with a decision of the zoning administrator, of a member of the city staff pursuant to Section 6-234, or of the planning commission may file an appeal in accordance with the provisions of this article, accompanied by the required fee. In addition, an applicant may appeal the failure of the granting authority to act within the time limits prescribed in Section 6-225. (Ord. 101 1 (part), 1973) 6-232 - Appeal from action of zoning administrator. (a) Notice of Appeal. A person desiring to appeal the decision of the zoning administrator shall file a notice of appeal with the planning director within the time required by Section 6-226 (b) Action on Appeal. The planning director shall set the matter for hearing before the planning commission and shall give notice of the hearing on the appeal in the time and manner set forth in Sections 6-210 and 6-211 (c) De Novo Hearing. The planning commission shall hear the appeal as it would an original application in the first instance. The commission may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. The applicant has the burden of proof. (d) Decision on Appeal. The planning commission may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from. The decision of the planning commission on appeal may be appealed to the city council and the procedure is the same as in the case of an appeal from a decision of the planning commission (Section 6-233). (Ord. 101 1 (part), 1973) 6-233 - Appeal from decision of planning commission. (a) Notice of Appeal. A person desiring to appeal a decision of the planning commission shall file a notice of appeal with the city manager within the time required by Section 6-226 (b) Action on Appeal. The city manager shall set the appeal for public hearing at a regularly scheduled city council meeting not later than 60 days after the appeal is filed. He shall give notice of the hearing on appeal in the time and manner set forth in Sections 6-210 and 6-211 (c) De Novo Hearing. The city council shall hear the appeal as a new matter. The original applicant has the burden of proof. The city council may act upon the application, either granting it, conditionally granting it or denying it, irrespective of the precise details of the appeal. In addition to considering the testimony and evidence presented at the hearing on the appeal, the city council shall consider all pertinent information from the file as a result of the previous hearings from which the appeal is taken.
(d) Decision on Appeal. The city council may reverse or affirm in whole or in part, or may modify the order, requirement, decision or determination appealed from. (Ord. 101 1 (part), 1973) 6-234 - Appeal from decision of staff. (a) An aggrieved person may appeal a decision, requirement or determination made by a member of the city staff in the administration of the land use regulations in Part 2 of this title not otherwise provided for in this Part 1. The city manager shall hear the appeal in the first instance. The appeal shall be in writing, filed with the planning director, and shall specifically set forth the decision appealed from and the grounds for the appeal. The notice of appeal shall be filed within 30 days of the action appealed from. (b) Upon receiving the notice of appeal, the city manager shall set the matter for hearing and shall give the person appealing written notice of the time and place of hearing at least ten days before the hearing. The hearing shall be held within 30 days of the date the notice of appeal is filed. The parties may extend this time by agreement. (c) The decision of the city manager is final ten days after notice is given the appellant of the ruling on the appeal, unless an appeal is taken from the decision of the city manager. Such an appeal is to the city council, shall be in writing, shall set forth the decision appealed from and the grounds for the appeal, and shall be filed with the city manager within ten days after the appellant received notice of the city manager's decision. (d) Upon receiving the appeal from his decision the city manager shall schedule the appeal for consideration of the city council within 30 days and shall give the appellant ten days notice of the time and place of the council meeting. After the appellant has been heard by the city council, the council shall decide the matter. The decision of the city council is final. (Ord. 101 1 (part), 1973) 6-235 - City council decision on appeal. If the city council decision on the appeal requires that it adopt an ordinance, the city council shall adopt the ordinance within 45 days after it closes the public hearing. In all other cases, the city council decision on appeal shall be by resolution. The city council shall adopt the resolution within 30 days after it closes the public hearing. Within five days after adoption, the city manager shall have a copy of the resolution or ordinance, as the case may be, furnished to the appellant, the planning director and any other parties to the proceedings. The decision of the city council is final. (Ord. 101 1 (part), 1973) 6-236 - Limitations of actions attacking certain decisions. An action or proceeding to attack, review, set aside or annul a decision of the city council under this title, or concerning a proceeding, act or determination taken or made before such decision, or to determine the reasonableness, legality or validity of any condition attached thereto, shall not be maintained by any person unless the action or proceeding is brought within 180 days after the date of the decision. Thereafter every person is barred from an action or proceeding or any defense of invalidity or unreasonableness of the decision or the proceeding, act or determination.
(Ord. 101 1 (part), 1973) 6-237 - Reconsideration. (a) The zoning administrator or the planning commission, as the case may be, may reconsider its decision upon request from an interested party to do so if it determines that there were important factual or legal matters which it failed to consider before making its decision. (b) The request for reconsideration shall be filed in writing within the time allowed to appeal, setting forth the factual or legal matters which were not considered. The zoning administrator or the planning commission shall act upon the request at the next meeting. If the request is denied, the time to appeal is extended only the number of days required to hear and decide the request. If the request is granted, each person recording his appearance at the initial hearing is entitled to mailed notice of the time of the new hearing. (Ord. 101 1 (part), 1973) 6-238 - Time limit on reapplication for same matter. When the city denies an application for rezoning, land use permit, variance, subdivision, minor subdivision or site plan and building elevations approval and the denial becomes final, no person may file a new application for substantially the same request for a period of one year from the date the action of the city is final, except as provided in Section 6-227 for denial "without prejudice." (Ord. 101 1 (part), 1973)
Article 4. - Expiration and Revocation

6-250 - Expiration of permits. 6-251 - Grounds for revocation of permits. 6-252 - Procedure for revocation.
6-250 - Expiration of permits. (a) A permit which is not used within the time specified in the permit, or, if no time is specified, within one year after the permit is granted, is void. Upon a showing of good cause, the planning director may extend the period to exercise the permit for up to one additional year. (b) A permit is void three months after the use for which it is issued is discontinued. Upon a showing of good cause, the planning director may grant an extension for up to six additional months. (Ord. 101 1 (part), 1973) 6-251 - Grounds for revocation of permits. The planning commission may revoke a permit on any of the following grounds: (a) Violation of a zoning regulation of the city;
(b) (c)
Violation of a term, limitation or condition of the permit after notice of the violation; Causing or allowing a nuisance in connection with the premises after notice to abate; or
(d) Conviction of a violation of federal or state law or city ordinance in connection with the operation of the permitted use. (Ord. 101 1 (part), 1973) 6-252 - Procedure for revocation. (a) If the planning commission finds that there is probable cause for revoking a permit, the planning commission shall direct the planning director to give notice of a hearing to the permittee and the public in the same manner as prescribed for the original application. (b) The public hearing shall be conducted in the same manner as the original application, except that the city has the burden of proving the charges. If the planning commission finds that grounds for revocation exist, it shall revoke the permit. (c) An order revoking or failing to revoke a permit may be appealed to the city council in accordance with the provisions of this chapter relating to appeals on original applications. (Ord. 101 1 (part), 1973)
Article 5. - Design Review

6-270 - Findings and purpose. 6-271 - DefinitionsApplicability. 6-272 - General requirement. 6-273 - Required information. 6-274 - Evaluation. 6-275 - Specific findings required. 6-276 - Reviewing body. 6-277 - Notice. 6-278 - Decision and findings. 6-279 - Conditions may be imposed. 6-280 - AppealReconsideration. 6-281 - Other regulations.
6-270 - Findings and purpose. (a) The city council finds that: (1) The appearance of open space, buildings and structures has a material and substantial relationship to property values and the taxable value of property in the city and to the health, safety and general welfare of the city; (2) Neighborhoods can and will deteriorate because of poor planning, neglect of property design standards and the existence of buildings and structures unsuitable to and incompatible with the
character of the neighborhood and the community. This has resulted in poor design, the lowering of property values, the discouraging of maintenance and improvement of surrounding properties, and has impaired the public health, safety and welfare; (3) It is the policy of the city to prevent deterioration and to preserve and enhance the property values, the visual character of the community and the public health, safety and welfare of its citizens; (4) The quality of life and stable property values are enhanced by good quality design; and
(5) This article is adopted under the appropriate provisions of the Planning and Zoning Law of the State of California, Government Code Section 65000 et seq. (b) The purpose of this article is to: (1) Improve the general standards of orderly development of the city through design review of individual buildings and structures and their environs; (2) Establish standards and policies that will promote and enhance good design, site relationships and other aesthetic considerations in the city; (3) Provide for the review of the design of proposed projects for which design review is required; and (4) Accelerate and streamline the design review process in the city and provide a mechanism for design review at the early stages of a project, with the goal that every application be successful, consistent with city standards. (Ord. 324 1 (part), 1984) 6-271 - DefinitionsApplicability. (a) "Design review" means review of the aesthetic elements of a project. Reference elsewhere in this title or in conditions of approval to design approval, site plan and building elevations approval, or in the case of the environmental review commission, means design review under this article. (b) "Gross floor area," under this article, means the total horizontal area in square feet of each floor within the exterior walls of all buildings on a parcel, including garages and carports as measured at the exterior face of the enclosing walls. (c) This article applies to: (1) New construction, exterior remodeling, or any change to a structure or facility which affects the exterior appearance, and which occurs in a multiple-family or commercial land use district (site plan and building elevations applications); (2) (3) A project or construction for which design review is required as a condition of approval; Any other projects for which design review is required; and
(4) New single-family residential construction which exceeds 6,000 square feet in gross floor area or an addition to an existing residence which will increase its gross floor area to over 6,000 square feet and which occurs in a single-family residential district.
(Ord. 386 2, 1991: Ord. 324 1 (part), 1984) 6-272 - General requirement. A person proposing a project or construction for which design review is required shall comply with the requirements of this article. If design review is required, no permit may be issued or city approval granted unless the applicant has complied with this article. (Ord. 324 1 (part), 1984) 6-273 - Required information. An application for which design review is required by this article shall be accompanied by copies (in a quantity specified by the planning director) of site plans, diagrams, photographs, materials or other presentation material as may be necessary for complete review and consideration of the proposed plan. The application shall include information set forth in a policy adopted by the design review committee and additional information which may be reasonably required by the planning director. (Ord. 324 1 (part), 1984) 6-274 - Evaluation. The reviewing body shall consider the following aspects of a design review plan, to the extent they are applicable: (a) Height, mass, lot coverage, setback and relationship of structures;
(b) Site plan, including orientation and location of structures to one another and to open spaces and topography; definition of vehicular and pedestrian areas; (c) Design of special features such as walls, screens, fences, street furniture, signs, lighting; concealment and sound protection of equipment (mechanical, electrical, solar energy), utilities and other exterior appurtenances; (d) (e) Continuity of design in the composition of structures and the use of materials and colors; Design relationship of the proposed plan to neighboring properties and structures;
(f) Landscaping plan, including the preservation of existing trees, the size and hardiness of trees and plants, the plans for irrigation and maintenance, and the degree to which landscaping complements the structure(s) and terrain; all in accordance with the guidelines in "Trees for Lafayette"; (g) (h) (i) Drainage systems; Use of passive or active solar energy; Adequacy of traffic circulation and parking.
(Ord. 324 1 (part), 1984)
6-275 - Specific findings required. (a) In granting final approval under this article, the reviewing body must make all the following findings: (1) Every provision of this chapter is complied with;
(2) The approval of the plan is in the best interest of the public health, safety and general welfare; (3) General site considerations, including site layout, open space and topography, orientation and location of buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, public safety and similar elements have been designed to provide a desirable environment for the development; (4) General architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements have been incorporated in order to ensure the compatibility of this development with its design concept and the character of adjacent buildings; and (5) General landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance and protection of landscaped areas and similar elements have been considered to ensure visual relief, to complement buildings and structures and to provide an attractive environment for the enjoyment of the public. (b) In addition to the findings required in subsection (a) of this section, the following findings must be made for a new residence exceeding 6,000 square feet in gross floor area or an addition to an existing residence which will increase its gross floor area to over 6,000 square feet: (1) The house substantially complies with the city's residential design guidelines;
(2) The house is so designed that its mass will not appear significantly out of scale with the existing neighborhood; (3) The house does not, because of its size, unduly impact, restrict or block significant views; and (4) The house does not, because of its size, require removal of natural features, require excessive grading or cause the unreasonable removal of a healthy tree(s). (c) The reviewing body shall deny a design review plan if it cannot make all of these findings.
(Ord. 386 4, 1991: Ord. 324 1 (part), 1984) 6-276 - Reviewing body. (a) Planning Director. (1) (2) The planning director shall review each application for design review. Matters which may be approved directly by the planning director include the following:
(A) Changes in exterior color; (B) Solar installations; (C) Minor changes to the exterior surface; (D) Minor landscaping; (E) Parking lot modifications; (F) Addition of minor ancillary structures (e.g., on roofs).
(G) A minor ground-level addition, including a one-story accessory building, to an existing house containing more that 6,000 square feet in gross floor area that is not located within a sensitive resource area (see Section 6-2002). (3) (4) (b) The planning director may refer a matter at his discretion to the design review commission. A decision of the planning director is final unless appealed under Section 6-280
Design Review Commission. (1) The design review commission shall review: (A) An exterior change to an existing building or parking lot; (B) A plan for which design review is required as a condition of approval; except for those minor matters delegated to the planning director under subsection (a) of this section; and (C) An application under Section 6-271(c)(4) for new single family residential construction which exceeds 6,000 square feet in gross floor area that is not located within a sensitive resource area (see Section 6-2002). (2) A decision of the design review commission is final unless appealed under Section 6-280
(3) The design review commission may conduct study sessions on the aesthetic aspects of any application at the request of the applicant or upon referral from the planning commission or planning director. When such a session is held, the commission's role is advisory, and it shall provide a written report to the planning commission. (4) When part of an application otherwise before the design review commission for decision, variances for height, setback and yards may be granted subject to procedures and findings conforming to Section 6-214, specific findings necessary for variance. (c) Planning Commission. The planning commission is the reviewing authority for all applications not covered by subsections (a) and (b) of this section. (d) "Minor" defined. In this section, "minor" when used to describe the extent of a change or addition that is permitted upon an approval means a change or addition that is consistent with and conforms to the findings set forth in Section 6-275 (Ord. 508 1, 2000: Ord. 457 3, 1996; Ord. 386 3, 1991; Ord. 324 1 (part), 1984)
6-277 - Notice. Whenever an application is scheduled for review by the design review commission or planning commission, the planning director shall send written notice at least ten days in advance to the applicant and to any person who has filed a written request for notice in conformance with Section 6-211 and shall post at least three notices near the property which is the subject of the application. (Ord. 324 1 (part), 1984) 6-278 - Decision and findings. The reviewing body making a final decision shall make findings and render its decision, and shall provide a written copy of the findings and decision to the applicant within ten days. (Ord. 324 1 (part), 1984) 6-279 - Conditions may be imposed. (a) The reviewing body may impose conditions to the granting of design review approval if it finds that the proposed project or structure does not otherwise meet the applicable design review standards. (b) In addition to any other conditions which may reasonably be imposed, the planning director may require that a boundary survey by a licensed surveyor or engineer which confirms the substantial accuracy of the boundaries shown in the application shall be filed with the planning director before construction. (Ord. 324 1 (part), 1984) 6-280 - AppealReconsideration. (a) Any person may appeal a decision made under this chapter. A decision by the planning director is appealable to the design review committee. A decision of the design review committee is appealable to the planning commission. The procedures and time limits set forth in Article 3 of this chapter (Decisions and Appeal) apply. (b) Unless an application is denied without prejudice under Section 6-227 or is reconsidered under Section 6-237, no new application for design review substantially in the form of the application which was denied may be made within six months after the date of final denial. (Ord. 324 1 (part), 1984) 6-281 - Other regulations. The planning commission may adopt additional policies and procedures to implement this article. (Ord. 324 1 (part), 1984)
Part 2. - General Regulations

Chapter 6-3 - DEFINITIONS Chapter 6-4 - ACTIVITY CLASSIFICATIONS Chapter 6-5 - GENERAL PROVISIONS Chapter 6-6 - OFF-STREET PARKING
Chapter 6-3 - DEFINITIONS

Sections:
6-301 - General. 6-302 - Accessory building. 6-303 - Accessory use. 6-304 - Accessory sign. 6-305 - Agriculture. 6-306 - Apartment unit. 6-307 - Average dwelling unit density. 6-308 - Average width. 6-309 - Reserved. 6-310 - Reserved. 6-311 - Reserved. 6-312 - Building. 6-313 - Building height. 6-314 - Repealed by Ordinance 266. 6-315 - Repealed by Ordinance 240. 6-316 - Depth of a lot. 6-317 - District. 6-318 - Repealed by Ordinance 266. 6-319 - Duplex. 6-320 - DwellingDwelling unit. 6-321 - Existing grade. 6-322 - Flag lot. 6-323 - Family. 6-324 - Front yard. 6-325 - Frontage. 6-326 - Half story. 6-327 - Home occupation. 6-328 - Hotel. 6-329 - Reserved. 6-330 - Reserved. 6-331 - Kitchen. 6-332 - Inner court. 6-333 - Landscaping. 6-334 - Livestock. 6-335 - Lot. 6-336 - Motel. 6-337 - Multiple-family building. 6-338 - Multiple-family building group. 6-339 - Multiple-family dwelling. 6-340 - Reserved. 6-341 - Reserved. Lafayette, California, Code of Ordinances Page 19 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-342 - Nonaccessory sign. 6-343 - Nonconforming use. 6-344 - Repealed by Ordinance 240. 6-345 - Repealed by Ordinance 240. 6-346 - Rear yard. 6-347 - Residential business. 6-348 - Retail business. 6-349 - Reserved. 6-350 - Single-family dwelling. 6-351 - Side yard. 6-352 - Repealed by Ordinance 240. 6-353 - Small farming. 6-354 - Story. 6-355 - Structure. 6-356 - Repealed by Ordinance 240. 6-357 - Repealed by Ordinance 240. 6-358 - Townhouse. 6-359 - Yard.
6-301 - General. The definitions in this chapter govern the construction of this title unless the context otherwise requires. Unless the natural construction of the word indicates otherwise, the present tense shall include the future and the plural number shall include the singular. (Ord. 221 4 (part), 1980) 6-302 - Accessory building. "Accessory building" means a subordinate building, the use of which is incidental to that of a main building on the same lot. (Ord. 221 4 (part), 1980) 6-303 - Accessory use. "Accessory use" means a use incidental and accessory to the principal use of a lot, or a use accessory to the principal use of a building located on the same lot. (Ord. 221 4 (part), 1980) 6-304 - Accessory sign. "Accessory sign" means any surface, or portion thereof, on which lettered, figured or pictorial matter is displayed for the purpose of advertising or identifying goods and services sold or produced on the property upon which the surface is located. (Ord. 221 4 (part), 1980) 6-305 - Agriculture. "Agriculture" means the tilling of soil, the raising of crops, horticulture, dairying and the raising and managing of livestock, including all uses customarily incident, but not including slaughterhouses, fertilizer yards, bone yards, plants for the reduction of animal matter, or any other industrial use which
may be objectionable because of odor, smoke, dust or fumes. (Ord. 221 4 (part), 1980) 6-306 - Apartment unit. "Apartment unit" means a separate suite, including kitchen facilities, designed for and occupied as the home, residence or sleeping place of one or more persons living as a single housekeeping unit. (Ord. 221 4 (part), 1980) 6-307 - Average dwelling unit density. "Average dwelling unit density" is expressed as one dwelling unit per the unit of area that results from dividing the entire area of a parcel of residentially zoned land proposed for subdivision by the proposed number of lots. In computing average dwelling unit density, those portions of lots lying within the exterior boundaries of an existing or proposed public road, street, highway, right-of-way or easement owned, dedicated or used for purposes of vehicular access shall not be included in order to satisfy minimum area requirements. Example: eight hectares is proposed to be divided into four lots. A private road easement will require 0.2 hectare, an area which cannot be counted in the calculation of average dwelling unit density. Therefore, since eight hectares minus 0.2 hectare equals 7.8 hectares, which, when divided by four lots, equals 1.95 hectares, the proposed average dwelling unit density is one unit for each 1.95 hectares. That is, average dwelling unit density H (8 F 0.2 % 4) H 1.95 hectares per unit. (Ord. 221 4 (part), 1980) 6-308 - Average width. "Average width" of a lot is the total area of the lot divided by the depth of the lot. (Ord. 221 4 (part), 1980) 6-309 - Reserved. 6-310 - Reserved. 6-311 - Reserved. 6-312 - Building. "Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels. (Ord. 221 4 (part), 1980) 6-313 - Building height. "Building height" means the vertical distance between the average of the highest and lowest grade at the lowest foundation wall (measured at existing grade or finished grade, whichever is lower) and the (1) highest point of a flat roof or (2) deck line of a mansard roof or (3) average height of the highest gable of a pitched or hip roof. (Ord. 494 1, 1999: Ord. 221 4 (part), 1980)
6-314 - Repealed by Ordinance 266. 6-315 - Repealed by Ordinance 240. 6-316 - Depth of a lot. "Depth of a lot" means the distance normal to the frontage to the point of the lot farthest from the frontage. (Ord. 221 4 (part), 1980) 6-317 - District. "District" means a portion of the territory of the city within which certain uses of land, buildings and structures are permitted; certain other uses of land, buildings and structures are not permitted; certain yards and other open spaces are required, and certain minimum lot areas and maximum heights are established for buildings and structures, under the regulations of this title. (Ord. 221 4 (part), 1980) 6-318 - Repealed by Ordinance 266. 6-319 - Duplex. "Duplex" means a detached building or part of it, designed for occupancy as the residence of two families living independently of each other. (Ord. 221 4 (part), 1980) 6-320 - DwellingDwelling unit. "Dwelling" or "dwelling unit" means a room or suite of rooms designed or occupied as separate living quarters for one of the persons or groups specified in Section 6-323 of this chapter. (Ord. 240 3, 1981) 6-321 - Existing grade. "Existing grade" means the elevation of the ground surface prior to any disturbance of the site resulting from construction of the proposed improvements. (Ord. 494 2, 1999) 6-322 - Flag lot. "Flag lot" means a lot, which is configured in the general shape of a flag on a pole, in which access from the street is accomplished by an easement, license or fee interest at least 20 feet in width through or along side another lot for creation of a private driveway (pole portion) connecting the building site (flag portion) of the lot to the street. (Ord. 468 2, 1998)
6-323 - Family. "Family" means (a) an individual, (b) two or more persons related by blood, marriage or legal adoption, or (c) a group of not more than five persons, excluding servants, who are not related by blood, marriage or legal adoption, living together as a single nonprofit housekeeping unit in a dwelling unit, as distinguished from a hotel, club, fraternity or sorority house, dormitory or boarding house. A family includes necessary servants. (Ord. 221 4 (part), 1980) 6-324 - Front yard. "Front yard" means an open area extending across the front of a lot, measured toward the rear of the lot to the nearest line of any building on it. If any setback is established by this Part 2 of this title for a lot, the area between the setback line and the boundary line that determines the position of the setback line shall constitute the front yard of the lot. (Ord. 221 4 (part), 1980) 6-325 - Frontage. "Frontage" of a lot means the distance measured between the two points on the principal road, street or access that are farthest apart. (Ord. 221 4 (part), 1980) 6-326 - Half story. "Half story" means that portion of a building under a gable, hip or gambrel roof, the top wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such building portion. (Ord. 221 4 (part), 1980) 6-327 - Home occupation. "Home occupation" means an activity conducted by a person at his principal place of residence as a means of livelihood or in expectation of profit, which may involve not more than one nonresident employee employed in the home occupation, and which: (a) Does not change the residential character of the dwelling;
(b) Is not detrimental to the health, safety or welfare of the occupants of nearby property or of the community generally; (c) Involves no evidence outside any structure or visible from outside the structure that the activity is being conducted on the premises; (d) Requires no vehicular or pedestrian traffic or parking in excess of that normally associated with a strictly residential use of the premises; (e) Is not a use which is an otherwise prohibited use in a residential area.
(Ord. 433 1, 1994: Ord. 221 4 (part), 1980) 6-328 - Hotel. "Hotel" means a building or part of it containing six or more guest rooms designed, intended to be used, or used by six or more persons for money, goods, services or other compensation. Excepted are buildings where occupants are housed or detained under legal restraint, buildings for the refuge, maintenance or education of needy, aged, infirm or young persons and buildings where patients or injured persons receive medical or surgical treatment. (Ord. 221 4 (part), 1980) 6-329 - Reserved. 6-330 - Reserved. 6-331 - Kitchen. "Kitchen" means any room or portion thereof containing facilities designed or used for the preparation of food, including but not limited to stoves, ranges, ovens and/or hot plates. (Ord. 240 4, 1981) 6-332 - Inner court. "Inner court" means a court enclosed either in whole or in part on all sides by buildings. (Ord. 221 4 (part), 1980) 6-333 - Landscaping. "Landscaping" means the following unless specifically noted to the contrary: walks, fences, retaining walls, stairs, terraces, surface drainage necessary for landscape development, irrigation (lawn and hose bibb systems), pools, fountains, recreation areas, garden lighting; rough grading, excavation, filling and fine grading required for preparation of an area for planting; and general planting (lawns, shrubs, trees and ground covers). Excluded are roads, parking areas, driveways, general site drainage, fire hydrants, public sidewalks and public utility items. (Ord. 221 4 (part), 1980) 6-334 - Livestock. "Livestock" means domestic farm animals such as horses, cows, sheep, goats, etc. (Ord. 221 4 (part), 1980) 6-335 - Lot. "Lot" means a parcel or area of land occupied or to be occupied by a building and buildings accessory thereto, together with such open and yard spaces as are required by the provisions of Part 2 of this title. In computing the area of a lot, those portions lying within the exterior boundaries of an existing or proposed public or private road, street, highway, right-of-way, or easement owned, dedicated or used for purposes of vehicular or pedestrian access to the lot shall not be included in order to satisfy
minimum area, yard or dimensional requirements. In the case of a flag lot, the pole portion of the lot, the primary function of which is connecting the building site (flag portion) to a public or private street must be at least 20 feet wide and is excluded from the calculation of the lot area requirements. (Ord. 468 1, 1998: Ord. 221 4 (part), 1980) 6-336 - Motel. "Motel" means detached or attached dwelling units providing automobile storage space for each dwelling unit and providing transient living accommodations primarily for automobile travelers. (Ord. 221 4 (part), 1980) 6-337 - Multiple-family building. "Multiple-family building" means a detached building designed and used exclusively as a dwelling by three or more families occupying separate suites or apartments. (Ord. 221 4 (part), 1980) 6-338 - Multiple-family building group. "Multiple-family building group" means two or more detached single-family buildings, duplexes or multiple-family buildings occupying a parcel of land in one ownership, with common yards. (Ord. 221 4 (part), 1980) 6-339 - Multiple-family dwelling. "Multiple-family dwelling" means a dwelling including one and only one kitchen and designed for occupancy as a residence of one family, and located in a multiple-family building. (Ord. 240 5, 1981) 6-340 - Reserved. 6-341 - Reserved. 6-342 - Nonaccessory sign. "Nonaccessory sign" means any surface, or portion thereof, on which letters, figures or pictorial matter is displayed for purposes of advertising other than the name and occupation of the user of the premises on which such surface is located, or advertising other than the nature of the business or activity conducted thereon, or advertising of goods and services other than those primarily sold or produced thereon. (Ord. 221 4 (part), 1980) 6-343 - Nonconforming use. "Nonconforming use" means a use of land, building or structure on land that does not conform to this
Part 2 of this title for the district in which it is situate. (Ord. 221 4 (part), 1980) 6-344 - Repealed by Ordinance 240. 6-345 - Repealed by Ordinance 240. 6-346 - Rear yard. "Rear yard" means an open area extending across the rear of a lot, measured from the rear line toward the front to the nearest line of any building on the lot. (Ord. 221 4 (part), 1980) 6-347 - Residential business. "Residential business" means an activity conducted by a person at his principal place of residence as a means of livelihood or in expectation of profit, which may involve more than one nonresident employee employed in the business at the residence, and which: (a) Does not change the residential character of the dwelling;
(b) Is not detrimental to the health, safety or welfare of the occupants of nearby property, or of the community generally; (c) Involves no activity which is incompatible because of noise, vibration, glare, odor or appearance with the surrounding land uses; and (d) Requires no vehicular or pedestrian traffic or parking in excess of that normally associated with a strictly residential use of the premises. (Ord. 221 4 (part), 1980) 6-348 - Retail business. "Retail business" means the sale, barter and exchange of retail goods, wares, merchandise, services or other personal or real property or any interest in them for profit or livelihood; and includes all types of business and professional offices. (Ord. 221 4 (part), 1980) 6-349 - Reserved. 6-350 - Single-family dwelling. "Single-family dwelling" means a dwelling including one and only one kitchen, designed for occupancy as a residence of one family and located on a single lot of its own. This includes mobilehomes certified under the National Mobile Home Construction and Safety Standards Act of 1974, and any subsequent revisions thereto, and conforming to the requirements of Section 6-527 of this code. (Ord. 275 3, 1982: Ord. 240 6, 1981)
6-351 - Side yard. "Side yard" means an open area between each side line of a lot and the nearest line of any building on the lot and extending from the front line to the rear line of the lot. (Ord. 221 4 (part), 1980) 6-352 - Repealed by Ordinance 240. 6-353 - Small farming. "Small farming" means horticulture on a small area of land and the raising and keeping of more than 24 fowl, rabbits, other grain-fed rodents, or livestock. (Ord. 221 4 (part), 1980) 6-354 - Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and ceiling or roof above. If the finished floor level directly above a basement, cellar or unused under-floor space is more than six feet above the ground adjacent to the building for more than 50 percent of the total perimeter or is more than 12 feet above ground at any point, such basement, cellar or unused under-floor space shall be considered a story. (Ord. 221 4 (part), 1980) 6-355 - Structure. "Structure" means anything constructed or erected and permanently attached to land, except (a) a building as defined in Section 6-312 of this title; and (b) sidewalks, gateways, pipes, meters, meter boxes, manholes, mailboxes, poles and wires, and appurtenant parts of all devices for the transmission and transportation of electricity and gas for light, heat or power, devices for the transmission of telephone and telegraphic messages, and devices for the transportation of water. (Ord. 243 1, 1981: Ord. 221 4 (part), 1980) 6-356 - Repealed by Ordinance 240. 6-357 - Repealed by Ordinance 240. 6-358 - Townhouse. "Townhouse" means an attached or detached family unit with air space or air space and yard space for each individual unit. Townhouse ownership may include ownership of common grounds or facilities. (Ord. 221 4 (part), 1980) 6-359 - Yard. "Yard" means an open space other than a court, on the same lot with the building, which open space is unobstructed from the ground upward to the sky, except as otherwise provided in this Part 2 of this title. In determining the dimensions of a yard as provided in this Part 2, the line of the building shall mean a
line drawn parallel to the nearest lot line through the point of a building which is the nearest building to the lot line, without regard to parts of the building designated in this Part 2 as parts not to be considered in measuring yard dimensions. (Ord. 221 4 (part), 1980)
Chapter 6-4 - ACTIVITY CLASSIFICATIONS

Sections:
6-401 - General. 6-402 - Administrative activity. 6-403 - Administrative civic activity. 6-404 - Repealed by Ordinance 359. 6-405 - Animal care commercial activity. 6-406 - Automotive repair and cleaning activity. 6-407 - Automotive sales, rental and delivery activity. 6-408 - Automotive servicing activity. 6-409 - Reserved. 6-410 - Community assembly and education activity. 6-411 - Business and communication service activity. 6-412 - Commercial automotive fee parking activity. 6-413 - Commercial laundry or dry cleaning activity. 6-414 - Commercial recreation activity. 6-415 - Consultative service activity. 6-416 - Construction sales and service activity. 6-417 - Convenience market activity. 6-418 - Day-care and educational services activity. 6-419 - Fast-food restaurant activity. 6-420 - Financial service activity. 6-421 - Firearm sales. 6-422 - Health care activity. 6-423 - Full-service restaurant activity. 6-424 - General commercial sales and service activity. 6-425 - General food sales activity. 6-426 - General personal service activity. 6-427 - General retail sales activity. 6-428 - Light manufacturing and research activity. 6-429 - Limited child-care activity. 6-430 - Medical service activity. 6-431 - Kennel activity. 6-432 - Multiple pet activity. 6-433 - Real estate service activity. 6-434 - Self-service laundry or retail dry cleaning activity. 6-435 - Repealed by Ordinance 359. 6-436 - Hotels and motels activity. 6-437 - Undertaking service activity. 6-438 - Utility distribution and civic service activity. 6-439 - Home/business furnishings activity. 6-440 - Sales representatives and goods brokers activity.
6-401 - General. The planning director shall assign each type of business or other economic activity to one of the activity classifications defined in this chapter. His decision as to each assignment shall be appealable once as provided in Section 6-234 of this title. The planning director shall keep a list of uses that have been determined to be included in each activity classification. (Ord. 221 5 (part), 1980) 6-402 - Administrative activity. "Administrative activity" means the executive, management, administrative and clerical activities of private, profit-oriented firms, including public utility administrative offices. (Ord. 221 5 (part), 1980) 6-403 - Administrative civic activity. "Administrative civic activity" means the local offices of state and federal legislators, city administrative offices and chamber of commerce offices. (Ord. 221 5 (part), 1980) 6-404 - Repealed by Ordinance 359. 6-405 - Animal care commercial activity. "Animal care commercial activity" means the provision of animal care, treatment, grooming and boarding services. (Ord. 221 5 (part), 1980) 6-406 - Automotive repair and cleaning activity. "Automotive repair and cleaning activity" means the major repair or painting of motor vehicles, including body work and installation of major accessories, as well as the washing and polishing of motor vehicles. (Ord. 221 5 (part), 1980) 6-407 - Automotive sales, rental and delivery activity. "Automotive sales, rental and delivery activity" means the retail or wholesale sale or rental, from the premises, of motor vehicles, with incidental maintenance, as well as the retail or wholesale sale or rental, from the premises, of any type of goods where orders are placed predominantly by telephone or mail order with delivery being provided by motor vehicle. (Ord. 221 5 (part), 1980) 6-408 - Automotive servicing activity. "Automotive servicing activity" means the sale, from the premises, of goods and the provision of services which are generally required in the operation and maintenance of automotive vehicles and the fulfilling of motorist needs, including sale of petroleum products together with sale and servicing of tires,
batteries, automotive accessories and replacement items, lubricating services, and performance of minor repairs. (Ord. 221 5 (part), 1980) 6-409 - Reserved. 6-410 - Community assembly and education activity. "Community assembly and education activity" means and consists of activities typically performed by, or at, the following institutions or installations: (a) Churches, temples, synagogues and other religious institutions;
(b) Private clubs, lodges, meeting halls and recreation facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (c) Public, parochial and private schools, including elementary, intermediate and high schools.
(Ord. 245 1, 1981) 6-411 - Business and communication service activity. "Business and communication service activity" means the provision to firms and individuals of services of a clerical, communication or minor processing nature, including multicopy and blueprinting services, but excluding printing of books, other than pamphlets and small reports. (Ord. 221 5 (part), 1980) 6-412 - Commercial automotive fee parking activity. "Commercial automotive fee parking activity" means the parking and storage of motor vehicles on a fee basis, including those fee or non-fee basis facilities operated by or contracted by the city. (Ord. 221 5 (part), 1980) 6-413 - Commercial laundry or dry cleaning activity. "Commercial laundry or dry cleaning activity" means the wholesale cleaning or repair of personal apparel or other household or institutional goods, but excluding self-service laundry and retail dry cleaning. (Ord. 359 2(B), 1987: Ord. 221 5 (part), 1980) 6-414 - Commercial recreation activity. "Commercial recreation activity" means the provision of entertainment, amusement and athletic services to assembled groups of spectators or participants. (Ord. 221 5 (part), 1980) 6-415 - Consultative service activity. "Consultative service activity" means the provision of advice, designs, information or consultation of a
professional nature, such as architects, engineers, attorneys or accountants. (Ord. 221 5 (part), 1980) 6-416 - Construction sales and service activity. "Construction sales and service activity" means construction storage and incidental storage activities performed by construction contractors on lots other than construction sites, also the storage of heavy equipment, trucks or other vehicles, as well as the retail or wholesale sale, from the premises, of materials used in construction of buildings or other structures, other than paint, fixtures and hardware. (Ord. 221 5 (part), 1980) 6-417 - Convenience market activity. "Convenience market activity" means the retail sale of food, beverages and small personal convenience items, primarily for off-premises consumption and typically found in establishments with long or late hours of operation and a relatively small building; but excludes delicatessens, other specialty food shops and establishments which have a sizable assortment of fresh fruits and vegetables and fresh-cut meat. (Ord. 221 5 (part), 1980) 6-418 - Day-care and educational services activity. "Day-care and educational services activity" means the following: (a) Child-care services for seven or more children, provided, however, that care for four or more children be provided only in facilities licensed by a state or county agency; (b) Nursery schools and kindergartens.
(Ord. 221 5 (part), 1980) 6-419 - Fast-food restaurant activity. "Fast-food restaurant activity" means the retail sale of ready-to-eat cooked foods and beverages, for on-premises or off-premises consumption, wherever the foods and beverages are available upon a short waiting time and primarily served in or on disposable wrappers, containers or plates. (Ord. 221 5 (part), 1980) 6-420 - Financial service activity. "Financial service activity" means the provision of financial advice, receiving, deposit, lending or changing of money, such as banks, savings and loans, and finance companies. (Ord. 221 5 (part), 1980) 6-421 - Firearm sales. "Firearm sales" means the sale, transfer, lease, offer or advertising for sale or lease of a firearm, which includes a gun, pistol, revolver, rifle or any device designed to be used as a weapon from which is
expelled through a barrel a projectile by the force of any explosion or other form of combustion. (Ord. 443 1, 1995: Ord. 433 2, 1994) 6-422 - Health care activity. "Health care activity" means and consists of the activities typically performed by the following institutions: (a) (b) (c) Health clinics; Hospitals and convalescent hospitals; Nursing homes, rest homes and homes for the aged, with seven or more patients.
(Ord. 245 2, 1981) 6-423 - Full-service restaurant activity. "Full-service restaurant activity" means a place which is regularly and in a bona fide manner used and kept open for the serving of at least lunch or dinner to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking and assortment of foods which may be required for such meals. The sale or service of sandwiches (whether prepared in a kitchen or made elsewhere and heated up on the premises) or snack foods does not constitute a full-service restaurant. (Ord. 221 5 (part), 1980) 6-424 - General commercial sales and service activity. "General commercial sales and service activity" means the retail or wholesale sale of goods, or provision of services, of a nature which are not readily carried by a pedestrian and usually necessitates the use of a motor vehicle to transport the goods or materials, and requires that parking or loading areas be provided on-site to facilitate convenient loading or unloading of goods by patrons. Generally these uses by their nature are almost totally reliant upon on-site patron parking and loading facilities. (Ord. 221 5 (part), 1980) 6-425 - General food sales activity. "General food sales activity" means the retail sale from the premises of a comprehensive variety of generally used foods and beverages, including sizable assortments of fresh fruits and vegetables and fresh-cut meat; but excludes convenience markets. (Ord. 359 2(C), 1987: Ord. 221 5 (part), 1980) 6-426 - General personal service activity. "General personal service activity" means the provision to individuals of informational, instructional, personal care, repair of personal apparel, and similar services of a nonprofessional small-scale nature which are not needed frequently, such as barber and beauty care and shoe repair. (Ord. 342 1, 1985: Ord. 221 5 (part), 1980)
6-427 - General retail sales activity. "General retail sales activity" means the retail sale from the premises of shopper goods which are generally of a nature that are easily carried or transported from place to place by a pedestrian, and does not normally necessitate the use of motor vehicles for portage of goods or the provision of parking in close proximity to the place of business. (Ord. 221 5 (part), 1980) 6-428 - Light manufacturing and research activity. "Light manufacturing and research activity" means a limited-volume function of on-site production, processing or examination of goods when the goods or the materials which are used in the production, processing or examination of the goods, or the process itself, do not create noise, odor, dust, smoke or vibration which might be obnoxious or offensive to persons residing or conducting business on neighboring properties. (Ord. 221 5 (part), 1980) 6-429 - Limited child-care activity. "Limited child-care activity" means the provision of day-care service for six or fewer children, provided, however, that care for four or more children be provided only in facilities licensed by a state or county agency. (Ord. 221 5 (part), 1980) 6-430 - Medical service activity. "Medical service activity" means the provision of therapeutic, preventive or corrective personal treatment services by physicians, dentists and other medical practitioners, and includes medical testing and analysis services. (Ord. 221 5 (part), 1980) 6-431 - Kennel activity. "Kennel activity" means the keeping of more than 20 cats and/or dogs over six months old; or the keeping of any cats or dogs for certain commercial purposes, including boarding, breeding, sales for resale (wholesaling), training and similar purposes, but not including veterinary or medical treatment, grooming, hospitalization, impoundment or retail sales, nor killing of such animals. (Ord. 266 2, 1982) 6-432 - Multiple pet activity. "Multiple pet activity" means keeping more than three dogs over six months old, or more than five cats over six months old, but not more then 20 dogs and/or cats, none of which are kept for commercial purposes. (Ord. 266 3, 1982)
6-433 - Real estate service activity. "Real estate service activity" means the provision of real estate sales or brokerage services, or both, and includes provision of advice, information or consultation relative to the sale, rental, lease or financing of real estate. (Ord. 221 5 (part), 1980) 6-434 - Self-service laundry or retail dry cleaning activity. "Self-service laundry or retail dry cleaning activity" means a facility providing one or more of the following: (a) coin-operated washing, drying or dry-cleaning machines for self-service; (b) drop-off, pick-up station; or (c) on-site professional dry cleaning of personal apparel and household goods brought into the facility by retail customers. (Ord. 359 2(D), 1987: Ord. 221 5 (part), 1980) 6-435 - Repealed by Ordinance 359. 6-436 - Hotels and motels activity. "Hotels and motels activity" means the provision of lodging services to transient guests on a less-than-weekly basis other than in the case of activities involving the provision of a special kind of care such as in nursing homes or orphanages. (Ord. 359 2(E), 1987: Ord. 221 5 (part), 1980) 6-437 - Undertaking service activity. "Undertaking service activity" means the provision of undertaking and funeral services involving the care and preparation of the human dead prior to burial or cremation. (Ord. 221 5 (part), 1980) 6-438 - Utility distribution and civic service activity. "Utility distribution and civic service activity" means the maintenance and operation of the following installations: (a) (b) (c) (d) (e) (f) Communications equipment installations and exchanges; Electrical substations; Gas substations; Police stations and fire stations; Neighborhood newscarrier distribution centers; Recycling center.
(Ord. 221 5 (part), 1980)
6-439 - Home/business furnishings activity. "Home/business furnishings activity" means the sale or rental of home or business furnishings. (Ord. 359 2(F), 1987) 6-440 - Sales representatives and goods brokers activity. "Sales representatives and goods brokers activity" means the sales of goods by contract, provided that the associated sales tax is coded and credited to the city. The use must be in compliance with the purpose section of the zoning district in which the business is located. The use may include display and storage of goods in appropriate amounts in compliance with the purpose section of the zoning district in which the business is located. (Ord. 359 2(G), 1987)
Chapter 6-5 - GENERAL PROVISIONS

Sections:
Article 1. - Miscellaneous Article 2. - Nonconforming Uses Article 3. - Second Units Article 4 - Recreation Courts
Article 1. - Miscellaneous
6-501 - Repealed by Ordinance 221. 6-502 - Synonymous symbols and phrases. 6-503 - Enforcement. 6-504 - Land use permits. 6-505 - Variances in new subdivisions. 6-506 - Repealed by Ordinance 221. 6-507 - Division and consolidation of lots. 6-508 - Required area reduced by public use. 6-509 - Lots divided by district. 6-510 - Highway setback lines. 6-511 - Sight obstructions at intersections. 6-512 - Setback requirements. 6-513 - Building height. 6-514 - Obstructions in yard areas. 6-515 - Side yards on lots established before effective date of zoning. 6-516 - Local agencies, utilities and pipelines. 6-517 - Accessory uses in rear yards. 6-518 - Rear yard abutting on side yard. 6-519 - Contract zoning.
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-520 - Drilling for oil, gas and minerals. 6-521 - Repealed by Ordinance 266. 6-522 - Drainage requirements. 6-523 - Livestock. 6-524 - Animal structures. 6-525 - Repealed by Ordinance 543. 6-526 - Height limitations in required yards. 6-527 - Mobilehomes. 6-528 - Helicopter facilities. 6-529 - Temporary sales. 6-530 - Satellite dish antennas. 6-531 - Residential conversions. 6-532 - Criteria for retail dry cleaners. 6-533 - Firearm sales.
6-501 - Repealed by Ordinance 221. 6-502 - Synonymous symbols and phrases. (a) Map symbol "R-2" is synonymous with "D-1."
(b) "Transitional residential agricultural district" is synonymous with "single-family residential district-20" and map symbol "R-A" is synonymous with "R-20." (Ord. 54 2 (part), 1971) 6-503 - Enforcement. (a) No land in the city shall be used for any purpose not permitted under Part 2 of this title, nor shall any building or structure be erected, constructed, altered, moved or maintained contrary to this Part 2. Any use of land, building or structure contrary to this Part 2 is unlawful and may be subject to provisions of Chapters 1-9 and/or 8-21 of this municipal code. (b) All property improvements or other changes permitted under this title shall be maintained in accordance with such permits. Violations of permits may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this municipal code. (Ord. 560 5 (part), 2006: Ord. 54 2 (part), 1971) 6-504 - Land use permits. (a) A qualified applicant may apply for a land use permit to apply to land in any land use district established in this Part 2 of this title, for one or more of the uses for which land use permits may be granted in the district. A qualified applicant is any person having a freehold interest in land, a possessory interest entitling him to exclusive possession, or a contractual interest which may become a freehold or exclusive possessory interest and is specifically enforceable. An application shall be filed with the planning director. (b) The planning commission shall administer land use permits.
(Ord. 54 2 (part), 1971)
6-505 - Variances in new subdivisions. (a) A modification or variance in the requirements of lot area, side yards, height or setback necessary to the consideration of a tentative map of a subdivision shall be considered and granted or denied as an exception, under Division 4 of Title 8 of the Contra Costa County Ordinance Code; notice of the hearing of the exception shall be given as for notice of the hearing on an application for a land use permit. (b) The planning commission shall administer modification or variance in lot area, side yard, height or setback necessary to the consideration of the tentative map of a subdivision. (Ord. 54 2 (part), 1971) 6-506 - Repealed by Ordinance 221. 6-507 - Division and consolidation of lots. (a) Except as otherwise provided in this section, a person shall not divide any lot or parcel of land and shall not convey any lot or parcel of any part of it if the division or conveyance so reduces the area, width, yard or setback of the lot or parcel or creates a lot or parcel with an area, width, yard or setback so small that it does not conform to this Part 2 of this title. (b) No land providing the required area, width, yard or setback for a dwelling unit shall be considered as providing the required lot area, width, yard or setback for any other dwelling unit. (c) Any lot or parcel of the land of less width or area than the minima established in this Part 2 may be occupied by a single-family dwelling and its accessory buildings if: (1) The owners of the lot or parcel do not own enough adjoining property to make the lot or parcel of proper width and area; (2) The setback, side yard and rear yard requirements of this Part 2 are met; and
(3) The lot is delineated on a recorded subdivision map, or its ownership is of record in the county recorder's office on the effective date of the adoption of the zoning district applicable to the lot or parcel. (Ord. 287 2, 1982; Ord. 54 2 (part), 1971) 6-508 - Required area reduced by public use. If part of the lot or parcel of land having not less than the required area for its land use district is acquired for public use in any manner, including dedication, condemnation or purchase, and if the remainder of the lot or parcel has not less than 80 percent of the area required for its land use district, the remainder shall be considered as having the required area, but setback, side yard and rear yard requirements shall be met. If a lot or parcel of land has an authorized nonconforming status as to area under any city ordinance, the parcel shall retain its nonconforming status if the acquisition for public use does not reduce the remainder below 80 percent of the existing nonconforming area. The setback, side yard and rear yard requirements of the land use district shall be met, except for buildings or structures in existence at the time of public acquisition. (Ord. 54 2 (part), 1971)
6-509 - Lots divided by district. When any zoning district boundary divides a lot or parcel owned of record as one unit, the regulations of the least restricted district shall extend for 30 feet into the more restrictive district, provided both zoning districts are generally similar (commercial to commercial, residential to residential). (Ord. 361 2, 1987: Ord. 54 2 (part), 1971) 6-510 - Highway setback lines. (a) No building or structure (other than excepted structures as herein defined) shall hereafter be erected, constructed or placed on any land in this city between the highway setback lines hereby established and the common boundary line of the land and any state highway or public road in this city. The highway setback lines shall be lines parallel to the boundary lines of highways and public roads. In determining the location of highway setback lines the distance from the boundary of the state highway or public road to the setback line shall be measured inward on the land, at right angles to the boundary lines. The setback line on land bounded on one or more sides by a public road other than a state highway shall be ten feet inward from each boundary line. (b) Land use permits to modify the provisions of subsection (a) of this section may be granted after application in accordance with Part 1 of this title. (Ord. 54 2 (part), 1971) 6-511 - Sight obstructions at intersections. (a) Obstructions Prohibited. No structure (including but not limited to fences and gateways) or vegetation which obstructs the visibility of and from vehicles approaching the intersection of a state highway, public road or street with another state highway, public road or street shall be constructed, grown, maintained or permitted higher than two and one-half feet above the curb grade, or three feet above the edge of pavement, within a triangular area bounded by the right-of-way lines and a diagonal line joining points on the right-of-way lines 25 feet back from the point of their intersection, or, in the case of rounded corners, the triangular area between the tangents to the curve of the right-of-way line and a diagonal line joining points on said tangents 25 feet back from the point of their intersection. The tangents referred to are those at the beginning and at the end of the curve of the right-of-way line at the corner. (b) Exceptions. This section does not apply to existing public utility poles, or existing permanent structures or existing supporting members or appurtenances thereof; official traffic signs or signals; or corners where the contour of the land itself prevents visibility. (c) Enforcement. Violations of this section may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this municipal code. (d) Repealed by Ordinance 560.
(Ord. 560 5 (part), 2006; Ord. 54 2 (part), 1971) 6-512 - Setback requirements. On a corner lot the setback requirements applicable to the district in which the lot is located shall apply to all state highway, public road and street frontages of the lot. The setback lines established by this
Part 2 shall apply wherever any boundary line of a lot or parcel of land is common with the boundary line of any state highway, public road or street. (Ord. 54 2 (part), 1971) 6-513 - Building height. The limits of heights of structures established in this Part 2 of this title for any district shall not apply to chimneys, stacks, fire towers, radio towers, television towers, water towers, windmills, oil and gas well derricks, wind chargers, grain elevators, penthouses, cupolas, spires, belfries, domes, monuments, flagpoles, telephone poles, telegraph poles, silos, water tanks and necessary mechanical appurtenances attached to buildings. In all cases parapet or fire walls on buildings or structures otherwise conforming to the regulations established in this Part 2 may be constructed not higher than three feet. (Ord. 54 2 (part), 1971) 6-514 - Obstructions in yard areas. Every part of a required yard area shall be open and unobstructed to the sky, except that fire escapes, open stairways, chimneys and the ordinary projections of sills, belt-courses, cornices, eaves and ornamental features which do not obstruct the light and ventilation on any adjoining parcel of land shall not constitute obstruction nor violate required yard regulations. (Ord. 54 2 (part), 1971) 6-515 - Side yards on lots established before effective date of zoning. Notwithstanding any other provisions of this Part 2 of this title, side yards shall be permitted in any single-family residential district, multiple-family residential district, and forestry recreational district, according to the following table, for any lot or parcel of land which was established by records in the office of the recorder before the effective date of the initial zoning by Contra Costa County for the area or district in which the lot or parcel of land is situated: Front Width of Lot 100 feet or less but more than 80 feet 80 feet or less but more than 51 feet 51 feet or less but more than 41 feet 41 feet or less but more than 31 feet 31 feet or less (Ord. 54 2 (part), 1971) Minimum Aggregate Side Yard Agreement 20 feet 15 feet 10 feet 8 feet 6 feet Minimum Single Side Yard Allowed 10 feet 5 feet 5 feet 3 feet 3 feet
6-516 - Local agencies, utilities and pipelines. (a) The use of land for rights-of-way for the construction, maintenance and repair of public utilities and publicly owned facilities, and for privately owned pipelines for the transportation of oil, gas, water and other substances transportable by pipelines, is not regulated or restricted by this title. (b) A local agency (an agency of the state for the local performance of governmental or proprietary functions within limited boundaries) is regulated as provided in Government Code Sections 53091 through 53096. (Ord. 358 1, 1987: Ord. 59 2, 1971) 6-517 - Accessory uses in rear yards. An accessory building or accessory use may occupy not more than 30 percent of a required rear yard. (Ord. 54 2 (part), 1971) 6-518 - Rear yard abutting on side yard. In all single-family residential districts and multiple-family residential districts, there shall be a rear yard of not less than five feet wherever the rear yard of a lot or parcel of land abuts on a side yard. (Ord. 54 2 (part), 1971) 6-519 - Contract zoning. The city council may, pursuant to a written and recorded agreement between the city and all owners of record of the property, impose reasonable conditions to the land use reclassification of property, where it finds that the conditions must be imposed so as not to create problems inimical to the public health, safety and general welfare of the city. (Ord. 50 2, 1971) 6-520 - Drilling for oil, gas and minerals. Land use permits may be granted, after application in accordance with the provisions of Chapter 6-1 of this title, for exploration and drilling for the production of oil, gas or minerals in all land use districts. (Ord. 59 3, 1971) 6-521 - Repealed by Ordinance 266. 6-522 - Drainage requirements. Drainage facilities shall be installed under a permit issued pursuant to Divisions 1, 2 or 3 of Title 8 of the Contra Costa County Ordinance Code, adequate to meet and comply with the drainage design standards and requirements set forth in Chapter 3 of Division 4 of Title 8 of said code. A permit for the installation of drainage facilities will not be issued until applications, plans and exhibits for such facilities are submitted which comply with the requirements of this title. (Ord. 59 5, 1971)
6-523 - Livestock. (a) Livestock may be kept in the single-family residential-10 (R-10), single-family residential-12 (R-12), single-family residential-15 (R-15), single-family residential-20 (R-20), single-family residential-40 (R-40), single-family residential-65 (R-65), single-family residential-100 (R-100) and low-density residential (L-R) land use districts, subject to the following requirements: (1) Livestock may be kept only on a parcel of land of not less than 40,000 square feet in area in single fee ownership. (2) No more than one head of livestock shall be maintained per 20,000 square feet of area.
(3) In the R-10, R-12 and R-15 zoning districts a land use permit shall be obtained for the keeping of livestock. Development in these districts, however, is of such a nature, because of small lots, narrow side yards and close development, that the keeping of livestock in such highly developed areas is seldom appropriate. Land use permits for the keeping of livestock will be issued only where it can be demonstrated that the lot involved in the application and lots in the surrounding area are of such a size and configuration that the keeping of livestock on such lots is compatible and consistent with the surrounding development and that such area is comparable to other areas within the city where a land use permit is not required for the keeping of livestock. (b) Variance permits to modify subsection (a)(1) of this section may be granted in accordance with the applicable provisions of Chapter 6-2 of this title. (Ord. 232 1, 1980: Ord. 80 1, 1972: Ord. 63 2, 1972) 6-524 - Animal structures. Notwithstanding the setback, side yard and rear yard provisions in the single-family residential land use districts, the following provisions shall apply to the location of animal structures in all such districts, provided such structures are permitted at all: (a) Chicken houses, rabbit hutches, barns, stables and similar accessory structures used to shelter poultry, small animals or livestock shall be located in the rear yard of the principal structure. (b) Chicken houses, rabbit hutches, barns, stables and similar accessory structures used to shelter poultry, small animals or livestock shall be set back not less than 60 feet from the front property line and from any street line and shall be not less than 55 feet from any point on an adjoining parcel of land, at which point the exterior wall of a dwelling unit either exists or could legally be constructed. (c) Fenced pasture, paddocks or other enclosures for livestock, poultry or small animals shall not be located nearer than ten feet to any property line. (d) Variance permits to modify subsections (a), (b) and (c) of this section may be granted in accordance with the applicable provisions of Chapter 6-2 of this title. (Ord. 125 1, 1974: Ord. 80 2, 1972: Ord. 63 3, 1972)
6-525 - Repealed by Ordinance 543. 6-526 - Height limitations in required yards. (a) Accessory buildings, as defined in Section 6-302 of this title, and structures, as defined in Section 6-355 of this title, shall not exceed the following height limits, if constructed in the required setback (front yard), side yard or rear yard which is applicable to the main building or principal structure on the lot: (1) (2) Accessory buildings, 12 feet; Structures, six feet.
For example, if the rear yard for the principal structure is 15 feet, but the rear yard for an accessory building is three feet, any accessory building within the 15-foot rear yard required for the principal structure shall not exceed 12 feet in height. (b) For the purpose of this section, the height of a structure shall be determined by measurement on its tallest side between natural grade and its highest part; and the height of an accessory building shall be determined as provided in Section 6-313 of this title. (c) Variance permits to modify the provisions of this section may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 274 1, 1982: Ord. 243 2, 1981) 6-527 - Mobilehomes. Mobilehomes shall be permitted in the R-6, R-10, R-12, R-15, R-20, R-40, R-65, R-100 and LR districts, subject to the following provisions: (a) The mobilehome shall be certified under the National Mobilehome Construction and Safety Standards Act of 1974, and any subsequent revisions thereto. (b) The mobile home shall comply with all applicable zoning regulations, including but not limited to use restrictions, number and location of required parking spaces, setback and yard requirements, and height limits. (c) The mobilehome shall be installed on a permanent foundation approved by the Contra Costa County building inspection department. (d) The exterior covering material shall extend to the ground, consistent with the requirements of the Uniform Building Code. (e) After making an inspection of the proposed site, and of its neighborhood, but without requiring notice and hearing, the zoning administrator shall make a finding that the mobilehome is compatible with the neighborhood surroundings. Such finding shall be based on the following standards: (1) The exterior material, the roofing material, the roof pitch and the roof overhang shall be the same as those on existing structures in the surrounding area. Where there is no consistency of materials, pitch and/or overhang, the mobilehomes shall be compatible in
these respects with the surrounding area. (2) The landscape treatment of the property and placement of structures on the site shall be such as to ensure compatibility with the surrounding area. (3) Additions to the mobilehome, including those of conventional or modular construction, and accessory buildings such as a garage or storage shed, shall be compatible with the design treatment of the mobilehome. (Ord. 275 4, 1982) 6-528 - Helicopter facilities. The construction and use of helicopter landing pads, heliports and all other helicopter facilities are prohibited in all land use classification (zoning) districts. (Ord. 282 1, 1982) 6-529 - Temporary sales. Notwithstanding other provisions in this title, the temporary sales of perishable goods from vehicles or from temporary structures or facilities may be conducted subject to written conditional approval of the planning director for each such use, and subject to the restrictions contained in this section. (a) The planning director may authorize the conduct of these uses in any zoning district except the RB and SRB districts, provided that: (1) The property fronts on either Mt. Diablo Boulevard, Moraga Road, St. Mary's Road, Pleasant Hill Road or Deer Hill Road; (2) The property owner gives written consent thereto;
(3) The use will, in the planning director's opinion, neither create nor aggravate a traffic hazard nor a parking problem; and (4) Not more than two advertising or identification signs, totaling not more than 50 square feet in total area, and not more than 25 square feet in area for a single sign, are displayed. (b) A person who desires to conduct a temporary sale as defined in this section shall submit a written application therefor, in a form acceptable to the planning director, and containing such information as he may reasonably require. (c) There shall be a nonrefundable application fee for the processing of an application submitted pursuant to this section. The city council shall by resolution prescribe the amount of said fee, or the method of calculating it. (d) Approval of a temporary sales use shall be for not more than three months, subject to reconsideration by the planning director and renewal by him for additional periods of three months each. (e) The planning director may impose reasonable conditions on such temporary sales uses. Such conditions may include, but are not limited to, restricting the days and/or hours of operation, prescribing the appearance, location and size of signs, controlling the locations for customer and
employee parking, limiting the scope or size of the activity, requiring a minimum number of persons to be on duty, controlling refuse collection and cleanup of the premises, and prescribing the appearance of the vehicles, structures or facilities to be used. (f) Upon request by any person, the planning director shall refer the application for conduct of temporary sales to the planning commission for action. (g) The temporary sales allowed by this section are exempted from the provisions of this title which may otherwise be in conflict with the provisions of this section. (h) The provisions in this section shall not exempt these temporary uses, their structures or facilities, from the requirements of any applicable construction code, nor from any applicable health or safety law or ordinance. (i) This section is not intended to prohibit permanent sales from movable structures, such as carts, kiosks, etc., if such sales are conducted pursuant to the necessary permits under this chapter; or the conduct of special events for short periods of time, if such special events are conducted pursuant to the necessary city approvals. (Ord. 281 1, 1982) 6-530 - Satellite dish antennas. (a) Purpose and Definition. This section regulates the installation of satellite dish antennas in all residential and agricultural districts of the city. A satellite antenna is any parabolic or spherical antenna over three feet in diameter which receives television or other signals from orbiting satellites or other devices. (b) Findings. The council finds that the installation of satellite dish antennas, unless regulated, may adversely affect the aesthetic values and safety of residential areas of the city. Therefore, the installation of these antennas is regulated to protect views from public rights-of-way and from adjacent properties, while not preventing the installation of such antennas in an unobtrusive and aesthetically pleasing manner. (c) Regulations. The following regulations apply to the installation of a satellite dish antenna (unless a modification to subparagraphs (7) through (10) of this subsection is approved under subsection (e) of this section). (1) (2) A satellite dish shall be constructed and erected in a secure and wind-resistant manner. A satellite dish shall be constructed of noncombustible and noncorrosive materials.
(3) A satellite dish shall be constructed of nonreflective materials, and its color shall blend in with the surroundings. Perforated or wire-mesh dishes are encouraged. (4) No advertising or signage of any type is permitted on a satellite dish.
(5) All wires or cables necessary for the operation of the satellite dish should be placed underground. Guy wires are discouraged. (6) A satellite dish shall be maintained in an operable state with no structural defects or visible damage.
(7)
There shall be no more than one satellite dish per lot.
(8) For a ground-mounted antenna located in an interior side or rear yard, a setback equal to the height of the antenna is required between the property line and any part of the antenna, notwithstanding Section 6-526 (9) The maximum height permitted is 12 feet, measured from ground level immediately under the antenna to the highest point of the antenna or any appurtenance attached to it. The height is measured when the satellite dish is directed at a point 20 degrees above horizontal. (10) In any case where a side or rear yard abuts a public right-of-way or private street, a setback of 15 feet is required between the public right-of-way or the right-of-way of a private street and any portion of the satellite dish. (11) For hillside lots, additional attention, evaluation and conditions may be imposed by the city to assure that visual impacts on other properties are minimized. (12) The planting of screening landscape materials or provision of solid fencing is encouraged and may be required by the city to screen satellite dishes from public rights-of-way and other properties. (d) Procedures. (1) The planning director shall establish submittal requirements for applications for satellite dish antennas. Each application shall be accompanied by a fee in an amount established by city council resolution. (2) Except as provided in subsection (d)(3), the planning director is authorized to review and approve an application for a satellite dish antenna provided he sends written notice to all property owners within 300 feet at least ten days beforehand and considers any comments received before making a decision. The planning director may impose conditions of approval consistent with the intent and purpose of this section. (3) The planning director (A) may refer any application to the design review commission and (B) shall refer to the design review commission an application for a satellite dish antenna to be placed in one of the sensitive locations listed in subsection (e) of this section. Before approving a satellite dish antenna in one of the listed sensitive locations, the design review commission shall hold a noticed public hearing in accordance with Section 6-211(b). The design review commission may impose conditions of approval consistent with the intent and purpose of this section. (4) A decision by the planning director or design review commission may be appealed under Section 6-280 (e) Sensitive Locations and Required Findings. (1) An application for a satellite dish antenna to be placed in one of these sensitive locations requires approval by the design review commission: (A) On a roof top; (B) In a required front setback, or street sideyard on a corner lot;
(C) Between the required front setback, or street sideyard of a corner lot, and a dwelling when the antenna is visible from the abutting street; (D) At a location in conflict with subsection (c), subparagraphs (7) through (10). (2) Before approving a satellite dish antenna in one of the listed sensitive locations, the design review commission shall make the following findings: (A) There is no other location which can effectively receive incoming signals; and (B) Because of topography, house design or location or landscaping, the proposed satellite dish will not have a significant adverse impact on any surrounding property. (Ord. 350 1, 1986) 6-531 - Residential conversions. No person may convert a building from a residential to a nonresidential use or replace a residential building with another building or facility for nonresidential use in the SRB, RB, C or C-1 districts without first obtaining a land use permit. In reviewing an application, the planning commission shall consider all of the following: (a) The number of residential tenants who would be displaced;
(b) Whether the proposed conversion or redevelopment would reduce the availability of low and moderate housing in the city; (c) (d) Whether the building is in a desirable or marginal location for residential use; The compatibility with the adjacent uses, whether residential or nonresidential;
(e) Whether the proposed conversion would result in a significant reduction of the existing amenities such as landscaping and open space; (f) Whether the proposed conversion complies with: (1) The off-street parking requirements of Sections 6-601 through 6-661 of this code,
(2) The commercial building requirements of the building code (including access for the handicapped) and the fire code. (Ord. 359 1(A), 1987: Ord. 349 8, 1986) 6-532 - Criteria for retail dry cleaners. A retail dry cleaners shall comply with all of the following: (a) The dry cleaning system shall be a self-contained enclosed system, nonvented to the atmosphere; (b) Evidence of approval of the proposed system by the Bay Area air quality management district shall be submitted prior to commencement of use; and
(c)
Maximum square footage of the facility shall be 2,000 square feet total.
(Ord. 359 1(B), 1987) 6-533 - Firearm sales. (a) Purpose. It is the purpose of this section to provide for the appropriate location of firearm sales activity and regulate such activity through the permitting process. (b) Permit Requirement. The sale of firearms is permitted on the issuance of a land use permit, and a police permit as provided under Chapter 8-6, Article 2, in the Retail Business District (RB), General Commercial District (C), Special Retail Business District (SRB) and General Commercial District 1 (C-1). Firearm sales are prohibited in all other land use districts. (c) Procedure. An applicant for a land use permit for sale of firearms shall apply to the planning commission by application prescribed by the city in the manner provided by Section 6-201 et seq. (d) Criteria. In addition to the findings required under Section 6-215, the planning commission shall review an application for a land use permit for the sale of firearms for satisfaction of the following criteria: (1) Locational compatibility of the proposed use with other existing uses in close proximity, in particular elementary, middle or high school, pre-school or day-care center, other firearms sales business, liquor stores and bar, and residentially zoned area; (2) Architectural compatibility of the proposed use with other existing uses in the vicinity, due to the requirements of Chapter 8-6, Article 2 regarding a "secure facility." (e) Conditions. An approved land use permit is not valid until the applicant satisfies the following terms and conditions: (1) (2) Possession of a valid police permit as required under Sections 8-605 et seq.; Possession of all licenses and permits required by federal and state law; and
(3) Compliance with the requirements of the city's building code, fire code and other technical code and regulation which governs the use, occupancy, maintenance, construction or design of the building or structure. The use permit shall also contain a condition that the applicant must obtain a final inspection from the city building official demonstrating code compliance before the applicant may begin business at the premises at issue. (f) Nonconforming Use. An operator of a firearm sales activity in a residential zone who is the holder of a valid seller's permit issued by the State Board of Equalization and a valid certificate of eligibility issued by the California Department of Justice, all of which were issued prior to October 24, 1994, may continue his/her firearms sales activity provided a police permit and business registration are obtained from the city within 60 days of the effective date of the ordinance codified in this section, and provided the operator remain fully licensed by all agencies listed above. (Ord. 433 3, 4, 1994)
Article 2. - Nonconforming Uses

6-550 - General. 6-551 - Regulations. 6-552 - Certificates. 6-553 - Alterations. 6-554 - Reconstruction. 6-555 - Rezoning or changes in district boundaries.
6-550 - General. (a) Unless otherwise stated in the regulations for a specific zoning district, the regulations in this article shall apply to all nonconforming uses. (b) The use of land, or the use of a building, structure or improvement, existing on May 1, 1980, which does not conform to the land use regulations in this title, may continue as provided in this article, so long as the use does not violate any other ordinance or law. (c) "Land, building, structure or improvement," as used in this section, refers only to that portion which is actually utilized for the nonconforming but preexisting use. The term does not include an improvement which is not a part of the existing use; and any land, building, structure or improvement which is not a part of the existing use shall be disregarded in the application of the provisions of this article. (Ord. 221 7 (part), 1980) 6-551 - Regulations. The following regulations apply to each nonconforming use: (a) No physical change in the use is permitted other than ordinary maintenance and repair, except as provided by Section 6-553 (b) (c) No increase or enlargement of the area, space or volume occupied and used is permitted. No change in the nature or character of the nonconforming use is permitted.
(d) If the nonconforming use is replaced by a conforming use, the right to continue the nonconforming use is automatically terminated. (e) If the nonconforming use discontinues active operation, except for reasons defined by Section 6-554 for a continuous period of 120 days, the nonconforming use terminates and the facilities accommodating or serving such activity shall thereafter be utilized only for uses permitted or conditionally permitted by the regulations of the applicable zoning district. (Ord. 221 7 (part), 1980) 6-552 - Certificates. (a) The planning director shall compile a list of all nonconforming uses which exist within the
commercial districts of the city and shall issue a "certificate of nonconforming use" to the proprietor of each such use and to the owner of property upon which the nonconforming use exists. No use of land, building or structure may be made other than that specified in the certificate of nonconforming use unless the use conforms with the regulations of the land use district in which the property is located. Failure of the proprietor or owner to receive such certificate of nonconforming use, or failure of the planning director to issue such certificate, shall not affect the nonconforming status of such use. (b) The planning director shall file a copy of each certificate of nonconforming use in the office of the building inspection department. No building permit may be issued to an applicant for property for which a certificate of nonconforming use exists, without the prior written approval of the planning director. (Ord. 221 7 (part), 1980) 6-553 - Alterations. Physical changes may be made in a building or structure which contains a nonconforming use, and the use may continue after said changes are made, provided that: (a) A land use permit is obtained prior to the making of, and authorizing, the physical changes; and (b) There is no expansion or extension of the nonconforming use, nor any change in the nature, character or intensity of such use. (Ord. 221 7 (part), 1980) 6-554 - Reconstruction. A building or structure containing a nonconforming use may be rebuilt and the use continued if the building or structure is damaged by fire, collapse, explosion or act of God, occurring after May 1, 1980; and if the expense of the work to restore the building to its former status prior to the damage does not exceed 50 percent of the fair market value of the building or structure in its damaged state at the time immediately before the proposed work will be undertaken. The 50-percent factor is a determinant of whether or not a nonconforming use may continue and is not a maximum limit of moneys which could be expended for restoration work. The value of the structure shall be determined by an independent appraisal and approved by the planning commission. The floor area and overall outside dimensions of any building, or portion thereof, devoted to the nonconforming use shall not be increased; no open parking, loading, sales, display, service, production or storage area accommodating or serving the nonconforming use shall be relocated or increased in size; and no such building or open area shall be wholly reconstructed. (Ord. 221 7 (part), 1980) 6-555 - Rezoning or changes in district boundaries. When the city changes the boundaries of a land use district or rezones an area from one land use district to another, the provisions of this article apply to a nonconforming use created by the change in boundaries or change in land use district classification. (Ord. 221 7 (part), 1980)
Article 3. - Second Units

6-560 - Purpose and findings. 6-561 - Definitions. 6-562 - General provisions. 6-563 - Development standards. 6-564 - Permit required. 6-565 - Permit process. 6-566 - Variances. 6-567 - Appeals. 6-568 - Deed restriction.
6-560 - Purpose and findings. (a) Purpose. The purpose of this article is to comply with Government Code Section 65852.2 regarding the development of second units and to implement the goal and policy of the housing chapter of the Lafayette general plan regarding second units. It is also the purpose of this article to preserve the character and property values of existing neighborhoods. (b) Findings. The city council finds that: (1) The single most important goal of the city's housing program is to achieve safe, decent housing for all residents of Lafayette. It is a specific goal of the housing chapter of the general plan to facilitate and encourage the development of diverse housing types and additional affordable housing units to accomodate a diversity of Lafayette citizens in terms of age and socio-economic background and to meet the regional housing needs. It is a policy to achieve this goal to continue to facilitate the construction of second units. (2) It is also a goal of the city to protect the scenic value of its hillsides. The city has found through its general plan that adequate housing to meet the needs of the community can be provided while still protecting its scenic resources. (Ord. 540 2 (part), 2003) 6-561 - Definitions. In this chapter, unless the context otherwise requires: (a) "Attached unit" means a second unit connected to the primary unit by common wall construction and under the same existing or new roof structure. (b) "Height" means the vertical distance between the average of the highest and lowest grade at the lowest foundation wall (measured at existing grade or finished grade, whichever is lower) and the highest point of the structure. An appurtenance attached to a second unit, which is listed in Section 6-513, is excepted from the height limit. (c) 3. (d) "Hillside overlay district" means the zoning overlay district described in Chapter 6-20, article "Living area" means the interior habitable area of a second unit including basements and
attics but does not include a garage or any accessory structure. (e) "Owner" means the person, persons, trust, partnership or other form of property ownership that is shown on the latest county assessor's rolls or the legally authorized agent of the owner. (f) "Primary unit" means a single-family or multi-family detached residential dwelling unit that either exists on or is proposed for a lot zoned for single-family or multi-family residential uses. (g) "Protected tree" means a tree listed in subsection 6-2502(m).
(h) "Second unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the primary unit is situated. A second unit also includes: (1) (2) (i) An efficiency unit, as defined in Health and Safety Code Section 17958.1. A manufactured home, as defined in Health and Safety Code Section 18007.
"Zoning administrator" means the city's planning and building services manager or designee.
(Ord. 540 2 (part), 2003; Ord. 300 1 (part), 1984) 6-562 - General provisions. The following provisions shall apply to a second unit: (a) One second unit may be located on a lot that is zoned for single-family or multi-family residential uses with an existing primary unit within the area of the lot allowed for the primary unit. (b) A second unit shall be: (1) (2) (3) (4) A conversion of existing living area within the primary unit; An attached unit; A conversion of an existing garage; or A unit detached from the primary unit.
(c) A second unit shall be accessory to the primary unit by being a smaller size and in a less visible location. (d) An owner of a property with a primary unit shall occupy either the primary unit or second unit as their primary residence. An owner may be absent from the primary or second unit for up to 12 consecutive months for health, family, employment or military reasons. The zoning administrator may grant two 12-month extensions at the request of the owner for such reasons. (e) A second unit is not intended for sale and may be rented.
(f) A second unit shall not be allowed where streets, public utilities and other public services are inadequate to serve the unit.
(g)
A second unit shall comply with all current building, health and safety codes.
(h) A second unit shall not exceed the allowable density for the lot upon which the second unit is located and shall be a residential use that is consistent with the existing general plan and zoning designation for the lot. (i) A second unit within the hillside overlay district shall not be subject to the provisions of chapter 6-20 except: (1) For the development standard in subsection 6-563(m); and
(2) It shall not be allowed in a restricted ridgeline area pursuant to the development restrictions in Sections 6-2023 and 6-2024 (j) Second units that were approved prior to the effective date of this article, but do not conform to this article, may continue to operate as a legal nonconforming use. Second units that were constructed without approval prior to the effective date of this article are considered unauthorized until the zoning administrator determines they are in compliance with all provisions of this article. (Ord. 540 2 (part), 2003; Ord. 300 1 (part), 1984) 6-563 - Development standards. A second unit shall comply with all of the following development standards. (a) Maximum Unit Size In Zoning Districts Except LR-5 and LR-10. The living area of an attached second unit shall not exceed 30 percent of the existing living area of the primary unit or 750 square feet, whichever is less. If an attached second unit is incorporated into the existing living area of the primary unit, the living area of the primary unit shall not be reduced to less than 900 square feet. If a second unit is incorporated totally within the existing living area of the primary unit with no increase in the floor area of the primary unit, the second unit shall not exceed 1,250 square feet and the living area of the primary unit shall not be reduced to less than 900 square feet. The total living area of a detached second unit shall not exceed 750 square feet. (b) Maximum Unit Size in the LR-5 and LR-l 0 residential zoning districts. The living area of an attached second unit shall not exceed 30 percent of the existing living area of the primary unit or 1,250 square feet, whichever is less. If an attached second unit is incorporated into the existing living area of the primary unit, the living area of the primary unit shall not be reduced to less than 1,500 square feet. If a second unit is incorporated totally into the existing living area of the primary unit with no increase in the floor area of the primary unit, the second unit shall not exceed 1,250 square feet and the living area of the primary unit shall not be reduced to less than 1,500 square feet. The total living area of a detached unit shall not exceed 750 square feet. (c) Minimum Unit Size. The living area of a second unit shall be at least 250 square feet of floor area. (d) Height in Single Family Zoning Districts. The height of a second unit shall not exceed 17 feet in height or the maximum height of the primary unit, whichever is less. (e) Height in Other Zoning Districts. The height of a second unit shall not exceed the height of the primary unit or the maximum height of the zoning district in which the primary unit is located, whichever is less.
(f) Setback. The setback of a second unit shall be the same as required in the zoning district in which the primary unit is located. (g) Side Yards and Rear Yard. The side yards and rear yard of a second unit shall be the same as required in the zoning district in which the primary unit is located. (h) Bedrooms. A second unit shall have no more than two bedrooms.
(i) Exterior Design. The exterior design of a second unit shall substantially incorporate the same exterior design of the primary unit in terms of architectural style, architectural features, building materials and colors. (j) Entrance. The entrance to a second unit shall not be located on the same side as the entrance to the primary unit. If a second unit is accessed by an outside stairway, the stairway shall not be on the same side as the entrance to the primary unit. (k) Off-Street Parking. A second unit shall provide one off-street parking space per bedroom. A parking space shall be at least 10 feet by 20 feet, and may be open, covered or tandem. It shall not be located within a required setback or side yard, and shall not block vehicular access to a parking space that is required for the primary unit. (l) Privacy. A second unit shall be designed so that its exterior windows, decks and doors do not overlook directly the exterior or interior living areas of adjoining properties. A detached second unit shall be at least as close to the primary residence as it is to a primary unit or second unit on an adjacent property. (m) Access. The subject property shall be accessible by emergency vehicles. Road access to the parcel shall be adequate. Consideration of adequate road access shall include road width, especially for passing purposes, sight distance and existing and potential traffic volume. The off-street parking for a second unit shall be accessed by the primary unit's existing curb cut(s). (n) Properties Within the Hillside Overlay District. When a second unit is within the hillside overlay district, the second unit and its covered parking shall be substantially concealed when viewed from lower elevations from publicly owned property (including freeways, roadways, open space, parks and trails), using the Viewing Evaluation Map as a guide to establish locations from which views are considered. (o) Protected Tree. A second unit proposed for a property with a protected tree shall comply with the provisions of Chapter 6-17. The zoning administrator shall determine compliance with Chapter 6-17 prior to making a determination on the second unit application. (p) Garage Conversion. When a primary unit's existing garage is proposed for conversion to a second unit, the zoning administrator shall determine first if the required parking for the primary unit is satisfied elsewhere on the subject property. If not, an application for the development of the primary unit's required parking shall be considered prior to making a determination on the second unit application. (Ord. 543 2, 2004; Ord. 540 2 (part), 2003) 6-564 - Permit required. A permit is required for the approval of a second unit. An application that meets the general provisions
in Section 6-562 and development standards in Section 6-563 shall be approved mini-sterially by the zoning administrator without discretionary review or public hearing. (Ord. 540 2 (part), 2003) 6-565 - Permit process. (a) Application. An application for a second unit shall be filed with the zoning administrator on a form approved by the city together with a fee fixed by resolution of the city council. The application shall include the information required for design review by the city regarding a site plan, grading and drainage plan, floor plans, elevations, cross sections, floor and lot area calculations, and color and materials. The zoning administrator may require additional information to determine a second unit's conformance with the general provisions in Section 6-562 and development standards in Section 6-563. If a variance is requested pursuant to Section 6-566 or if a protected tree permit is requested pursuant to Chapter 6-17, the application for the second unit shall not be considered until a decision is made on the variance application or protected tree application. (b) Public Notice. Within ten days of deeming an application complete, a notice of pending application shall be sent to all property owners within 300 feet of the subject property. The notice shall include the following information: (1) Description of the proposed second unit.
(2) Statement that project review is ministerial and not discretionary, and the scope of application review permitted by this article; (3) Date by which public comments regarding the application shall be submitted for consideration; (4) (5) Date that the zoning administrator shall make a determination on the application; and Appeal rights as described in Section 6-567
(c) Determination. Within 60 days of deeming an application complete, the zoning administrator shall approve or deny the application. An application shall be approved if the second unit meets the general provisions in Section 6-562 and development standards in Section 6-563 (d) Expiration of Permit. The permit is valid for 12 months from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire. (Ord. 540 2 (part), 2003) 6-566 - Variances. In the event a second unit application does not comply with subsections 6-563(d), (e), (f), (g), (k) and (l) relating to development standards for second units, an application for a variance to a measurable standard for building height, setback, side yards, rear yard, number of parking spaces or number of curb cuts may be filed with the zoning administrator. The zoning administrator shall consider the variance application in accordance with Section 6-214 and in accordance with the city's procedures for variance applications prior to making a determination on the second unit application.
(Ord. 540 2 (part), 2003: Ord. 408 1 1993: Ord. 300 1 (part), 1984) 6-567 - Appeals. A person desiring to appeal the determination of the zoning administrator regarding the approval or denial of a second unit application shall file a notice of appeal with the city clerk within 14 days after the date of determination. The city council will consider the appeal within 30 days after the notice is filed. The city council shall limit its consideration of the appeal to whether the second unit meets the general provisions in Section 6-562 and development standards in Section 6-563. A person desiring to appeal the determination regarding the approval or denial of a variance application or protected tree application shall comply with the provisions of Section 6-232. (Ord. 540 2 (part), 2003) 6-568 - Deed restriction. Prior to the issuance of a building permit for a second unit, the property owner shall provide written proof to the zoning administrator that a covenant setting forth the following requirements, in a form satisfactory to the zoning administrator and the city attorney, has been recorded in the office of the Contra Costa Recorder: (a) The second unit shall not be sold separately.
(b) The second unit shall be considered legal only so long as either the primary unit or the second unit is occupied by the owner of record of the property pursuant to subsection 6-562 (d). (c) The restrictions shall be binding upon any successor in ownership of the property and lack of compliance may result in legal action against the property owner. (Ord. 540 2 (part), 2003)
Article 4 - Recreation Courts

6-570 - Purpose. 6-571 - Definitions. 6-572 - Courts subject to land use permit approval. 6-573 - Procedures for review. 6-574 - Development standards. 6-575 - Exceptions. 6-576 - Fees.
6-570 - Purpose. The purpose of this article is to reduce the impacts of recreation courts and their appurtenant fencing and lighting in residential land use districts, and to implement the Lafayette general plan which envisions maintaining the semi-rural character of the city. This article is intended to: (a) Protect the health and welfare of residential neighborhoods;
(b) (c)
Prevent nuisance situations that can change the nature of a residential neighborhood; Minimize the impacts of noise and visual appearance of recreation courts; and
(d) Permit the use of reasonable recreational activity within the yards of properties within a residential land use district. (Ord. 541 1 (part), 2004) 6-571 - Definitions. In this article unless the context requires otherwise: (a) "Fence height" means the vertical distance from the court surface to the top of the fence at any given point; (b) "Recreation court" means an area primarily designed or intended to be used for a sport, athletic or game activity, such as but not limited to tennis, handball, volleyball, basketball, shuffleboard and ball batting. Recreation court encompasses such elements as fencing, lighting, overhead enclosure, netting, equipment and other structures designed, used or intended to be used in an activity conducted on a recreation court; (c) "Residential land use district" means both single family and multifamily land use districts.
(Ord. 541 1 (part), 2004) 6-572 - Courts subject to land use permit approval. A recreation court in a residential land use district is subject to land use permit approval as provided in this article. (Ord. 541 1 (part), 2004) 6-573 - Procedures for review. The procedure for land use permit approval of a recreation court is as follows: (a) An application for a land use permit shall be submitted to the zoning administrator accompanied by the required fee; (b) If the zoning administrator finds that the proposed recreation court fully complies with the purpose, intent and development standards of this article and meets the findings required for a land use permit set forth in Section 6-215 of this code, the zoning administrator may issue a land use permit without the requirement for a public hearing; (c) If the zoning administrator determines that a public hearing is necessary to address potential impacts or to act on a request for an exception, written notice of an application shall be provided as prescribed in Section 6-211 of this code; (d) The zoning administrator may refer the application to the design review commission or to the planning commission, or both, for review and action; (e) The hearing authority may approve, conditionally approve or deny the application;
(f) The decision of the hearing authority is subject to the right of appeal in the manner as set forth in Chapter 6-2, Article 3. (Ord. 541 1 (part), 2004) 6-574 - Development standards. A recreation court shall comply with each of the following development standards. (a) No court shall be sited closer than 50 feet to a residence on an adjacent parcel;
(b) No court shall be located within the setbacks governing main dwelling units in the zoning district in which it is proposed to be located; (c) No court shall be located in the front yard area between the front property line and the primary residence; (d) No court shall be illuminated with court lighting;
(e) No court shall adversely impact existing natural or manmade drainage systems of the neighborhood. The applicant shall implement on-site detention or other means to achieve zero net increase to peak storm water runoff. Offsite improvements may be required to mitigate an increase in runoff from the site; (f) A recreation court shall be landscaped with plantings that provide mitigation screening for each side of the court which has the potential to have an adverse visual or aural impact on a neighboring property; (g) A recreation court shall be used solely for the recreational use and enjoyment of the occupants of the property and their guests and may not be used for other uses such as but not limited to a commercial activity, parking lot, storage or other use not meeting the definition of a recreation court; (h) Fencing and other court enclosures shall be dark in color and designed to be unobtrusive. The height shall be no taller than ten feet above the finished surface of the court. (Ord. 541 1 (part), 2004) 6-575 - Exceptions. (a) If a recreation court does not comply with the development standards in Section 6-574 (1-4), an applicant may submit a request to the zoning administrator for an exception. The zoning administrator shall act on each request for an exception to Section 6-574 (1-3). The reviewing body for an exception to Section 6-574 (4) is the planning commission. The reviewing body for an exception shall make the following finding to grant an exception. (b) The grant of an exception will not result in a recreation court that has the potential to adversely impact a neighboring property, the local neighborhood, a street, a public walk-way, trail or other public space. (Ord. 541 1 (part), 2004)
6-576 - Fees. (a) The fee for the exception authorized in Section 6-575 is the same as that required for a variance application, as fixed by city council resolution. (b) The fee for the land use permit authorized in Section 6-572 is the same amount required for a land use permit application by the zoning administrator or by the planning commission, as fixed by city council resolution. (Ord. 541 1 (part), 2004)
Chapter 6-6 - OFF-STREET PARKING

Sections:
Article 1. - General Article 2. - Parking Lot Design Article 3. - Number of Parking Spaces Article 4. - Off-street Loading Spaces Article 5. - Variances
6-601 - Purpose. 6-602 - Nonconforming uses. 6-603 - Parking shortages. 6-604 - Parking development payment. 6-605 - Off-street parking account. 6-606 - Fractional parking space. 6-607 - Combined uses. 6-608 - Shared parking. 6-609 - Location of off-street parking. 6-610 - Net floor area. 6-611 - Maintenance and operation. 6-612 - Parking lots in residential areas.
6-601 - Purpose. It is the intent of this chapter, together with other parking regulations contained in this title, that all land uses shall be provided with sufficient space located off-street for the parking of vehicles to meet the needs of persons employed or residing at or patronizing such land uses. No use shall be established or expanded and no building or structure shall be erected, enlarged or structurally altered, unless adequate parking is provided as required by this chapter. The provisions of this chapter are intended, collectively and in an equitable manner, to:
(a) Alleviate existing parking shortages, and prevent an aggravation of those shortages, especially in the downtown business district; (b) Encourage property owners and tenants to provide for their own sufficient parking;
(c) Foster assistance from the city, and from residential and business owners and occupants, in correcting parking shortages, which discourage orderly use of properties, including associated tenancy and patronage; and (d) Establish the foundation for viable development of supplemental off-site parking areas where needed. (Ord. 181 2 (part), 1977) 6-602 - Nonconforming uses. (a) It is the policy of the city that land uses in the land use districts for which regulations are prescribed in Chapters 6-9 and 6-10 of this title, and which do not comply with the parking requirements prescribed in this chapter, shall be brought into compliance by the owners of such land at the earliest practical time. In order to help such owners comply with said parking requirements, the city will encourage, and try to assist in, the establishment of off-site parking facilities. Primary purposes of the off-site parking facilities so established shall be (1) to provide a means to offset existing parking shortages, and (2) to the extent possible, to provide for the parking needs resulting from the application of the provisions of Section 6-603 of this chapter. (b) Methods of financing individual off-site parking facilities shall include, but shall not be limited to, (1) exclusive use of parking development payments; (2) special districts and authorities; (3) tax increments; and (4) any combination of the foregoing. Whenever a public parking facility is provided at the expense of any owner of benefited property, on behalf of which a parking development payment has previously been paid to the city, the owner shall be given credit against his share of the cost up to the amount of his parking development payment (or any remaining portion thereof not previously used for a prior parking facility). (Ord. 181 2 (part), 1977) 6-603 - Parking shortages. (a) Whenever one of the following situations pertains to a particular parcel of land, and the required parking spaces under Article 3 of this chapter for the proposed new, expanded or reestablished occupancy, combined with the required parking spaces under Article 3 of this chapter for the other continuing occupancies, if any, exceed the number of parking spaces existing on the parcel, or serving the parcel as provided in Sections 6-604 and 6-609, the provisions of this section shall apply: (1) A proposed change of use, to a use enumerated in a different section of Article 3 of this chapter, unless the parking requirements of the new use are less than the parking requirements for the previous use; (2) A proposed expansion of an existing use, with no enlargement of any building, such as adding beds in a hospital or seats in a restaurant, or adding to an outdoor use some previously unused land; (3) A proposed change from one type of outdoor use to a different type of outdoor use, both of
which are subject to the provisions of Section 6-641(n); (4) A proposed use for premises in which the immediately prior use, even though the same, has been abandoned for at least 120 days; (5) A proposed action affecting land or improvements which requires a land use permit, a rezoning, land acquisition or site plan and building elevations approval (except site plan and building elevations applications which pertain to exterior building facade changes only). (b) Whenever one of the situations enumerated in subsections (a)(1) through (a)(5), inclusive, of this section pertains, the property owner or tenant shall apply to the planning commission for approval of the proposed use, expansion or occupancy. All such applications which involve parking shortages shall be referred to the planning commission for decision with regard to the off-street parking. (c) The planning commission, after notice and hearing, shall approve, conditionally approve or deny the request for approval of the proposed parking. In making its decision the commission shall consider the present and probable future availability of off-street parking in the immediate vicinity of the subject property, the extent of the parking deficiency on the subject property and other pertinent facts. If parking shortages exceed 20 percent, the commission shall impose the payment requirements of Section 6-604 (d) Appeals from the decision of the planning commission shall be to the city council, using the same procedure as applies to appeals from decisions of the sign commission on applications for sign permits (see Section 6-2548 of this title). (Amended during 10-98 supplement; Ord. 457 1, 1996; Ord. 378 1, 1989; Ord. 291 1, 1983; Ord. 261 1, 2, 1982; Ord. 181 2 (part), 1977) 6-604 - Parking development payment. (a) Whenever the parking shortage exceeds 20 percent, the planning commission shall and for lesser shortages the commission may, impose, among other reasonable conditions, as a condition of approval, a requirement that the applicant pay to the city off-street parking account an amount of money, referred to as a parking development payment ("PDP"). (b) The PDP is $36,900.00 for a parking space in the Downtown Core area, and $19,200.00 for a parking space in the East End Commercial or West End Commercial areas of the Downtown. The Downtown Core, East End Commercial and West End Commercial areas are shown on Map I-1 Land Use in the general plan. The PDP fee is based on the cost of land and improvements for a 350 square foot parking space. The $19,200.00 surface parking fee is based on the assumption that the unit cost of land is $44.25 per square foot and the cost of improvements is $10.31 per square foot. The $36,900.00 structured parking fee is based on the assumption that half an acre of land is utilized to construct a two-level parking structure with one level underground, and one at grade, containing 124 stalls. The total cost of land equals $963,765.00 and the total cost of improvements equals $3,611,512.00. The total project costs of $4,575,277/124 = $36,900.00. The estimate of land cost at $44.25 per sq. ft. is based upon a survey of properties sold in Downtown Lafayette between the years of 1997 and 2004, after trending for time. (c) Upon approval of an application, the tendered PDP becomes nonrefundable.
(d) The amount required under subsection (b) of this section shall be reviewed every two years and revised as appropriate. (e) The number of parking spaces for which a PDP has been made shall be taken into account in processing any subsequent applications under Section 6-603 for the subject property. (Ord. 552 2, 2005; Ord. 457 2, 1996; Ord. 431 1, 1994: Ord. 403 1, 2, 1993; Ord. 239 1, 1981: Ord. 181 2 (part), 1977) 6-605 - Off-street parking account. An off-street parking account is established in the general fund. Revenues credited to the account under Section 6-604 shall be used only for the acquisition, construction, operation and maintenance of municipally-owned or leased public parking facilities. (Ord. 431 2, 1994: Ord. 181 2 (part), 1977) 6-606 - Fractional parking space. Where the computation of required off-street parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one. (Ord. 181 2 (part), 1977) 6-607 - Combined uses. When two or more uses are proposed for a property, with differing parking requirements, the number of parking spaces shall be calculated separately for each use, and the results shall be totaled to determine the number of parking spaces required for the property, except as otherwise provided in Section 6-608 of this chapter. Nothing in this chapter shall be construed to prevent joint use of off-street parking for two or more land uses if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with the requirements of this chapter, except as otherwise provided in Section 6-608. (Ord. 181 2 (part), 1977) 6-608 - Shared parking. When two or more uses proposed for a property have differing hours of operation, or differing peak time parking needs, the parking commission may, pursuant to an application therefor, authorize a reduction in the total number of parking spaces required by Section 6-607 of this chapter, provided that the number of parking spaces is adequate for the peak needs of the property. (Ord. 181 2 (part), 1977) 6-609 - Location of off-street parking. (a) Required off-street parking shall normally be provided on the same lot or premises as the main use it serves, but, separated from said use by the exterior walls of the building, or if within the same building, by a wall of minimum one-hour construction; or on an adjoining lot. Where this is impractical, the parking commission may, pursuant to an application therefor, authorize provision for parking on any parcel of land, except parcels in single-family residential zoning districts (see Section 6-612) located
within 200 feet of the lot containing the main use. (b) Whenever any required off-site parking facilities are located on a lot other than the lot containing the activity served, the owner or owners of both lots shall prepare and execute to the satisfaction of, and on a form provided by, the city, an agreement guaranteeing that such facilities will be maintained and reserved for the activity served, for the duration of said activity. (Ord. 312 1 (part), 1984; Ord. 261 3, 1982: Ord. 181 2 (part), 1977) 6-610 - Net floor area. In calculating the net floor area of a building, each floor area which is permanently set aside and used for the following shall be excluded: corridors, storage areas, mechanical room and toilet. The excluded area must contain permanently installed fixtures or equipment or otherwise be so shaped and constructed that they are unsuitable for work area regardless of the occupancy (such as a corridor in open office space plans where fire codes and uniform building codes make it illegal to occupy this space). (Ord. 431 3, 1994: Ord. 261 4, 1982: Ord. 181 2 (part), 1977) 6-611 - Maintenance and operation. All required parking facilities shall be provided and maintained so long as any uses exist which require the parking facilities. Off-street parking facilities shall not be reduced in total area or in number of parking stalls, except when such reduction is in conformity with the requirements of this chapter. (Ord. 181 2 (part), 1977) 6-612 - Parking lots in residential areas. Notwithstanding other provisions in this title to the contrary, parking lots for business purposes may be constructed and used on land in residential zoning districts, subject to the following conditions: (a) The parking areas are limited to land contiguous with, and within 150 feet of the boundary of, the district allowing the business use. Any portion of a parcel of land beyond this distance may be used for landscaping and planting in conjunction with the parking lot. (b) (c) The parking area may be used for automobile parking only. No commercial repair work or sales of any kind are allowed.
(d) No signs are permitted other than those to guide traffic, to identify the parking lot, and to state the conditions of use. (e) The parking area is designed and developed in the manner and with the conditions deemed proper and adequate to protect residences in the vicinity. These conditions shall include, among others, the following: (1) Proper planting and screening shall be provided either with fencing or planting, or both, to protect nearby residences from noise, light and other detrimental effects. (2) The entrances and exits shall be designated and located to minimize conflict with both existing and reasonably foreseeable vehicular and pedestrian traffic.
(3)
The area used for drives and parking shall be suitably paved to prevent dust and mud.
(4) Proper provision shall be made for adequate lighting of entrances, exits and parking areas, with measures to shield adjacent residential areas from the lights. (f) Approval shall require a land use permit for the residentially zoned land. The application shall contain a precise plot plan depicting the design details of the parking lot and shall be consistent with requirements for such land use permits. (Ord. 361 1, 1987; Ord. 181 2 (part), 1977)
Article 2. - Parking Lot Design

6-621 - General. 6-622 - Dimensions. 6-623 - Access driveways. 6-624 - Paving. 6-625 - Uses prohibited. 6-626 - Parking lot landscaping requirements. 6-627 - Pavement marking. 6-628 - Lighting. 6-629 - Repealed by Ordinance 378. 6-630 - Backing onto streets prohibited. 6-631 - Boundary walls. 6-632 - Wheel stops. 6-633 - Abutting obstruction. 6-634 - End of aisle spaces.
6-621 - General. All parking lots which are subject to the provisions of this chapter shall comply with the design standards contained in this article. The purpose of the design standards is to provide adequate parking space size and access drive width to facilitate the use of the parking lots by all sizes of passenger motor vehicles. Parking lots shall be designed so that all parking spaces can be entered with no backing movement required and exited with only one backing movement required. (Ord. 291 2, 1983: Ord. 181 2 (part), 1977) 6-622 - Dimensions. All off-street parking spaces required under this chapter shall have the minimum dimensions set forth in Table 6-622. All required off-street parking spaces shall have a standardized width of 8.5 feet. Table 6-622 OFF-STREET PARKING DIMENSIONS 8.5 Foot Stalls
Angle
Curb Length L 22.0 17.0 14.9 13.2 12.0 11.1 10.4 9.8 9.4 9.1 8.5
Depth D 8.0 16.3 17.0 17.8 18.5 19.0 19.2 19.8 19.5 19.5 18.0
Aisle A *12.0 *12.0 *12.0 *12.0 *12.0 *12.0 *13.0 *15.0 *18.0 **21.0 *26.0
(D+A) N 20.0 28.3 29.0 29.8 30.5 31.0 32.2 34.8 37.5 40.5 44.0
(D+A+D) P 28.0 44.6 46.0 47.6 49.0 50.0 51.4 54.6 57.0 60.0 62.0
0 30 35 40 45 50 55 60 65 70 90
IMAGE NOT FOUND:\file1.municode.com6435-622.jpg Parking between walls or required boundaries.
* For one-way aisles only. Minimum width for primary two-way aisles is 26.0 feet and for secondary two-way aisles is 19.0 feet. ** For one-way aisles only. Minimum width for primary two-way aisles is 26.0 feet and for secondary aisles is 21.0 feet. (Ord. 403 3, 1993: Ord. 261 5, 1982: Ord. 181 2 (part), 1977) 6-623 - Access driveways. All off-street parking facilities shall be designed with appropriate maneuvering areas and means of vehicular access to the main and auxiliary streets. Where the parking area does not abut on a street, there shall be provided an access drive not less than 12 feet in width in the case of one-way traffic, and not less than 20 feet in width in all other cases, leading to the parking area in such a manner as to secure the most appropriate development of the land. Curb cuts for driveways shall be so located as to ensure an efficient and safe traffic flow into the parking areas and along the public streets. (Ord. 181 2 (part), 1977) 6-624 - Paving. Required off-street parking areas shall be surfaced with an asphaltic or portland cement binder pavement, or similar material so as to provide a durable and dustless surface, and shall be so graded as to prevent the ponding of water.
(Ord. 181 2 (part), 1977) 6-625 - Uses prohibited. Parking areas shall not be used for automobile sales, storage, repair work, dismantling or servicing of any kind. (Ord. 181 2 (part), 1977) 6-626 - Parking lot landscaping requirements. (a) A planting or landscape strip at least five feet wide shall be provided adjacent to all public street rights-of-way. Low walls, earth berms, dense landscaping, or other similar material shall be used to screen the parking lot from the adjacent street. (b) A planting strip not less than three feet wide (exclusive of auto overhangs and curbs) shall be provided between parking lots and adjoining buildings, private road easement lines, fences, property lines or other nonstreet edges of the parking lot, wherever practical. (c) Dead corners and other unused areas shall be landscaped to provide a visual break in the paved area. (d) Parking areas of more than 15 spaces shall provide, within the interior of the lot and in addition to the required perimeter landscaping, an area of planting strips equal to that shown in the following table: Size of Parking Lot (sq. ft.)
Minimum of Required Interior Planting (% of total area) 5.0 7.5 10.0
Under 14,999 15,00029,000 30,000+
To be counted in this calculation the area may not include that portion under car overhangs. In addition, the planting strip must have a minimum dimension of five feet. Where total parking provided is located in more than one place on a site separated by at least ten feet of nonpaved area, each such area shall be considered a separate facility. (e) Rows of 15 or more adjoining parking spaces shall, in addition to other required landscaping, be interrupted by a landscape area at least five feet in width at intervals no greater than every ten spaces. (f) Trees shall be a major design feature in all parking lots. Canopy trees shall be provided at a maximum spacing of one tree per 27 lineal feet and with a minimum of one tree per four parking stalls. The final location and spacing of trees is dependent on the type of tree used, but the overall effect should be a relatively consistent tree cover which at maturity will shade the majority of the pavement and vehicles. (g) An automatic irrigation system shall be installed within all landscaped planters and strips. In most
cases low-volume spray, bubbler or drip systems will be required. (h) Where a minimum-width planting strip is required by subsection (a) or (b) of this section, and the planter is proposed to be used as an overhang for vehicles, the planter strip shall be increased two feet in width greater than that otherwise required. Vehicle overhangs shall not be permitted over sidewalks or other pedestrian walkways. Measurement of parking lot landscape areas required by this section shall be exclusive of curbing. (i) Site plans and landscape plans for parking lots must also show dumpsters, utility boxes or underground vaults, loading areas, wheel stops if required, and vehicular overhangs. (j) Unless specifically excluded by the city in the design review process, all landscaped areas within or abutting parking lots and access driveways shall be protected by a six-inch-minimum-high concrete curb. (k) Additional requirements may be imposed through the design review procedure.
(l) For parking lots of five or less parking spaces, or the addition of five or less spaces to an existing lot the requirements contained in subsection (a) through (k) are advisory rather than mandatory. (Ord. 403 4, 5, 1993; Ord. 378 2, 1989: Ord. 181 2 (part), 1977) 6-627 - Pavement marking. Parking spaces shall be marked and maintained on the pavement and necessary directional markings or signs shall be installed to ensure the maximum utilization of space, convenient traffic flow, and general safety. Unless otherwise specified in the approved documents, parking stalls shall be double-striped to demarcate the central six and one-half feet of width in each space. (Ord. 403 6, 1993: Ord. 181 2 (part), 1977) 6-628 - Lighting. Lighting, if provided, shall be directed downward and away from residential areas and public streets so as not to produce a glare as seen from such areas, in order to ensure the general safety of other vehicular traffic and the privacy and well-being of the residential areas, and the lighting intensity shall be no greater than reasonably required to light the parking area. (Ord. 181 2 (part), 1977) 6-629 - Repealed by Ordinance 378. 6-630 - Backing onto streets prohibited. Within any of the business and commercial, office and multiple-family residential land use districts, and within parking lots created pursuant to Section 6-612, parking areas shall be designed so that vehicles are not permitted to back out of the parking areas onto streets. (Ord. 181 2 (part), 1977)
6-631 - Boundary walls. A six-feet-high solid fence, or masonry wall of acceptable design, shall be provided along the edge(s) of any public parking areas adjacent to residentially zoned property to protect these residential properties from the interruption and nuisances of the vehicles using the parking areas (including parking lots created pursuant to Section 6-612). (Ord. 181 2 (part), 1977) 6-632 - Wheel stops. A barrier curb or wheel stop firmly attached to the ground at least six inches in height shall be provided adjacent to landscaping, buildings and other structures to prevent damage to these facilities by the vehicles utilizing the parking areas. (Ord. 181 2 (part), 1977) 6-633 - Abutting obstruction. Each parking space adjoining a wall, column, landscape planting strips or other obstruction higher than 0.5 feet shall be increased in width by one foot on each obstructed side. (Ord. 378 4, 1989) 6-634 - End of aisle spaces. At the end of a parking bay, an aisle providing access to a parking space perpendicular to the aisle shall extend a minimum of two feet beyond the required width of the parking space. (Ord. 378 5, 1989)
Article 3. - Number of Parking Spaces

6-641 - Parking spaces required.
6-641 - Parking spaces required. Off-street parking spaces complying with the applicable provisions of this chapter shall be provided for the various uses enumerated in this section in the indicated amounts: For a new commercial building or addition over 500 square feet the number of parking spaces shall be the number of spaces indicated in this section but in no case shall the number of spaces be less than one space per 333 gross square feet of constructed building area: (a) (b) Administrative activity: one space for each 250 square feet of net floor area; Administrative civic activity: one space for each 250 square feet of net floor area;
(c) Animal care commercial activity: one space for each two hundred square feet of net floor area. (d) Automotive repair and/or cleaning activity: One space for each 250 square feet of net floor area for repair/cleaning inside or outside; parts storage/warehouse, not including repair stalls; one space for each 500 square feet of net floor area. One space for each 250 square feet of net floor area for retail parts sales activity and office space. (e) Automotive sales, rental and delivery activity: one space for each 250 square feet of net floor area; (f) Automotive servicing: one space for each 250 square feet of net floor area;
(g) Business and communications service activity: one space for each 250 square feet of net floor area; (h) (i) Commercial automotive fee parking activity: See Article 2, Chapter 6; Commercial laundry activity: one space for each 250 square feet of net floor space;
(j) Commercial recreation: theaters, sports arenas, auditoriums, and assembly halls, one space for each four permanent seats, plus one space for each 40 square feet of assembly and meeting areas which do not contain permanent seats, except as noted below: (1) Bowling alleys: five spaces for each alley.
(k) Community assembly and education activity: office use, one space for each 250 square feet of net floor area. Meeting rooms/assembly halls, one space for each four permanent seats plus one space for each 40 square feet of assembly and meeting areas which do not contain permanent seats; shops/repair/miscellaneous, one space for each 500 square feet of net floor area, except as noted below: (1) Adult schools: one space for each 100 square feet of net floor area in classrooms and libraries, plus one space for each 250 square feet of office area, plus one space for each 40 square feet of assembly area, (2) Churches: either one space for each four permanent seats in the main auditorium or meeting hall, or one space for each 40 square feet of floor area in the main auditorium or meeting hall, whichever provides the greater number of spaces; (l) Consultative service activity: one space for each 250 square feet of net floor area;
(m) Construction sales and service activity: office/retail/hardware, one space for each 250 square feet of net floor area. Outdoor sales/service yards, one space for each 1,000 square feet of land area designed for use in the business. Warehouse/storage buildings, areas not used for sales, one space for each 2,000 square feet of gross land area; (n) Convenience market activity: one space for each 250 square feet of net floor area;
(o) Day care and educational service activity: one space for each 400 square feet of net floor area, plus additional number of pickup/dropoff spaces, four spaces for first 20 children, plus one space for each additional ten children.
(p) Fast-food restaurant activity: one space for each 100 square feet of gross floor area, not including floor area used for customer seating, plus one space for each 45 square feet of gross dining area (both indoor and outdoor areas). (q) Financial service activity: one space for each 200 square feet of net floor area.
(r) Full service restaurant activity: including nightclub, cocktail lounge and other alcoholic beverage on-sale activity, one space for every 45 square feet of gross dining area (both indoor and outdoor area), plus one space for every 500 square feet of gross kitchen area; (s) General commercial sales and service activity: retail sales, except as otherwise specified in this section: one space for each 250 square feet of net floor area; (1) Sales and service, bulk item, such as furniture, major appliances, and floor coverings: one space for each 500 square feet of net floor area, (2) Outdoor sales and service yards: one space for each 1,000 square feet of land area designated for use in the business, (3) Offices in conjunction with principal use, one space for each 250 net square feet.
(t) General food sales activity: one space for each 250 square feet of net floor area except as noted below: (1) Specialty food sales activity: where there is any form of customer seating such as delicatessen, ice cream, yogurt, gourmet coffee shop, etc., one space for each 100 square feet of gross floor area, not including floor area used for customer seating, plus one space for each 45 square feet of gross dining area (both indoor and outdoor areas), (2) Bakery: one space for each 250 square feet of net floor area.
(u) General personal service activity: one space for each 250 square feet of net floor area, except as noted below: (1) Beauty parlors, barbershops and nail salons: one space for each 200 square feet of net floor area, (2) Exercise studio: one space for each 250 square feet of net floor area of gym or weight room, plus one space for each 100 square feet of net floor area of aerobics or other areas of assembled exercise classes, plus one space for each 250 net square feet of office/retail area. (v) General retail sales activity: one space for each 250 square feet of net floor area. (Storage area, one space for each 500 square feet of net floor area.) (w) Health care activity: such as health clinics and hospital services, one space for each two beds. (1) Sanitariums, convalescent homes, rest homes and nursing homes: ten spaces, or one space for each four beds, whichever is the larger number. (x) Home/business furnishings: one space for each 500 net square feet of floor area.
(y)
Hotels and motels: one space for each sleeping unit; (1) Roominghouses and lodginghouses service activity: one space for each bedroom;
(z) Light manufacturing and research activity: one space for each 500 square feet of net floor area, plus one space for each 250 net square feet of office, plus loading spaces as required in Section 6.651; (1) Non-sales warehousing and storage buildings: one space for each 1,000 square feet of gross building area; (aa) Limited child care: zoning district parking required; (bb) Medical service activity: medical and dental offices: one space for each 200 square feet of net floor area; (cc) Kennel activity: zoning district requirements plus additional spaces as required by land use permit approval. (dd) Multiple pet activity: zoning district requirements plus additional spaces as required by land use permit approval. (ee) Real estate activity: residential sales, one space for each 100 square feet of net floor area; commercial/industrial sales, one space for each 250 square feet of net floor area. (ff) Sales representative goods broker: one space for each 250 square feet of net floor area.
(gg) Self-service laundry activity: one space for each 250 square feet of net floor area. (hh) Undertaking service activity: either one space for each four permanent seats in the main auditorium or meeting hall, or one space for each forty square feet of floor area in the main auditorium or meeting hall, whichever provides the greater number of spaces. (ii) Utility distribution and civic service activity: (1) Utility distribution such as communications equipment installations and exchanges, electrical substations, gas substations: one space for each 500 square feet of net floor area, plus one space for each 250 net square feet of office, plus loading spaces as required in Section 6-651 (2) Civic service activity: one space for each 250 square feet of net floor area for office use; one space for each 40 square feet of assembly and meeting area; one space for each 500 square feet of net floor area for shop/repair/miscellaneous; (jj) Warehousing, storage building and other non-sales area service activity: one space for each 1,000 square feet of building area or gross land area used for storage, plus loading space as required in Section 6-651 (kk) All other uses: the number of spaces deemed most appropriate by the approving authority, based upon the most nearly comparable use category, if any such category is determined to be comparable; and based upon expected parking demand if no comparable category is listed in this section.
(Ord. 378 6, 1989: Ord. 312 1 (part), 1984; Ord. 277 1, 1982: Ord. 181 2 (part), 1977)
Article 4. - Off-street Loading Spaces

6-651 - Loading spaces required. 6-652 - Design.
6-651 - Loading spaces required. In any district, in connection with every building or part thereof hereafter erected or enlarged, which is to be used for manufacturing, storage, warehousing, goods display, retail sales, wholesaling, hotel, hospital, mortuary, laundry, dry cleaning or other uses similarly requiring the receipt or distribution by vehicles of materials, there shall be provided and maintained on the same lot with such building, or on an adjoining lot, off-street loading spaces as per the following schedules: (a) (b) (c) 10,000 to 20,000 square feet of gross floor area: one space; 20,001 to 30,000 square feet of gross floor area: two spaces; 30,001 to 45,000 square feet of gross floor area: three spaces; and
(d) 45,001 to 75,000 square feet of gross floor area: four spaces; plus one space for each additional 75,000 square feet of gross floor area. (Ord. 181 2 (part), 1977) 6-652 - Design. The requirements of this section shall apply to the loading spaces required by this article: (a) No loading operation for any use required to provide off-street loading space, nor the parking of any vehicle incident to such loading operation shall be permitted within any street right-of-way. (b) Each off-street loading space shall have a minimum width of ten feet, a minimum length of 35 feet and a minimum height of 15 feet. (c) Off-street loading spaces required by this section shall be separately and permanently maintained as such, and shall be used only for this purpose. No part of a required loading space shall be encroached upon by buildings, storage or any other activity. (d) Each off-street loading space shall be accessible from a public street and shall not be located within the required front yard or side yard, nor cause trucks to encroach upon the front yard or side yard during the process of loading or unloading. (Ord. 181 2 (part), 1977)
Article 5. - Variances
6-661 - Modifiable sections.
6-661 - Modifiable sections. Variance permits to modify the provisions of Sections 6-606, 6-609, 6-612, 6-621 to 6-632 inclusive, 6-641, 6-651 and 6-652 of this chapter may be granted in accordance with the applicable provisions of Part 1 of this title. (Ord. 181 2 (part), 1977)
Part 3. - Land Use Districts

Chapter 6-7 - SINGLE-FAMILY RESIDENTIAL DISTRICTS Chapter 6-8 - MULTIPLE-FAMILY RESIDENTIAL DISTRICTS Chapter 6-9 - BUSINESS AND COMMERCIAL DISTRICTS Chapter 6-10 - OFFICE DISTRICTS Chapter 6-11 - PLANNED DISTRICTS Chapter - 6-11.5 SENIOR HOUSING OVERLAY DISTRICT Chapter 6-12 - COMBINING LAND USE DISTRICTS Chapter 6-13 - SPECIAL DISTRICTS
Chapter 6-7 - SINGLE-FAMILY RESIDENTIAL DISTRICTS

Sections:
Article 1. - Single-Family Residential District-6 Article 2. - Single-family Residential District-10 Article 3. - Single-family Residential District-12 Article 4. - Single-family Residential District-15 Article 5. - Single-family Residential District-20 Article 6. - Single-family Residential District-40 Article 7. - Single-family Residential District-65 Article 8. - Single-family Residential District-100 Article 9. - Low Density Residential District-5 Article 10. - Low Density Residential District-10 Article 11. - Procedure for Requesting a Reduction in the Minimum Lot Area in the Low Density Residential-10 District
Article 1. - Single-Family Residential District-6

6-701 - General. 6-702 - Purpose. 6-703 - Uses permitted. 6-704 - Uses requiring a permit. 6-705 - Lot area. 6-706 - Lot width. 6-707 - Lot depth. 6-708 - Height. 6-709 - Side yards. 6-710 - Setback. 6-711 - Rear yard. 6-712 - Parking space. 6-713 - Modifiable sections. 6-714 - No rezoning to R-6. 6-715 - Creation and improvement of new lots.
6-701 - General. All land in the single-family residential district-6 (map symbol R-6) shall be used in accordance with the provisions of this article. (Ord. 49 1 (part), 1971) 6-702 - Purpose. The level land in the city of Lafayette has been substantially developed, and it is necessary for the general welfare of the city to preserve hills and open space, to prevent erosion of creek banks and hillsides, and in general to retain the rural nature of the city. In order to accomplish these ends, it is necessary to prevent the creation of additional residential lots which are smaller than 10,000 square feet in size. Therefore, although this article prescribes regulations for lots as small as 6,000 square feet in size, many of which now exist, it requires newly subdivided lots in the R-6 district to contain not less than 10,000 square feet; and it prohibits the placement of additional land into the R-6 district. (Ord. 49 1 (part), 1971) 6-703 - Uses permitted. The following uses are permitted in the R-6 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Crop and tree farming not including the raising or keeping of any animals other than ordinary household pets; (c) Publicly owned parks and playgrounds;
(d) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six
minors reside on the premises with not more than two supervisory persons; (e) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 49 1 (part), 1971) 6-704 - Uses requiring a permit. In the R-6 district the following uses are permitted on the issuance of a land use permit: (a) (b) Residential businesses; Hospitals, eleemosynary and philanthropic institutions, and convalescent homes;
(c) Churches and religious institutions and parochial and private schools, including nursery schools; (d) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (e) (f) Greenhouses, over 300 square feet; A second unit which complies with Chapter 6-5, Article 3 of this title;
(g) Commercial nurseries (an application shall include a site plan indicating planting and landscaping areas, existing and proposed structures, and plans and elevations to indicate architectural type); (h) (i) (j) Medical and dental offices and medical clinics; Publicly owned buildings and structures, except as provided in Section 6-516 Reserved;
(k) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (l) Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices; (m) Multiple pet activity, but only on parcels of land 20,000 square feet in size or larger; (n) A recreation court as required in section 6-572
(Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 3 (part), 4 (part), 1984; Ord. 266 4, 1982; Ord. 120 1 (part), 2 (part), 1973; Ord. 115 5 (part), 1973; Ord. 49 1 (part), 1971) 6-705 - Lot area. No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot smaller than 6,000 square feet in area. (Ord. 49 1 (part), 1971)
6-706 - Lot width. No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot less than 60 feet in average width. (Ord. 49 1 (part), 1971) 6-707 - Lot depth. No single-family dwelling or other structure permitted in the R-6 district shall be erected or placed on a lot less than 90 feet in depth. (Ord. 49 1 (part), 1971) 6-708 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-709 - Side yards. There shall be an aggregate side yard width of at least 15 feet for any structure in the R-6 district. No side yard shall be less than five feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 50 feet from the front property line. (Ord. 49 1 (part), 1971) 6-710 - Setback. There shall be a setback (front yard) of at least 20 feet for any structure in the R-6 district; on corner lots the principal frontage shall have a setback of at least 20 feet and the other setback shall be at least 15 feet. (Ord. 49 1 (part), 1971) 6-711 - Rear yard. There shall be a rear yard, for any principal structure in the R-6 district, of at least 15 feet. There shall be a rear yard for accessory structures of at least three feet. (Ord. 49 1 (part), 1971) 6-712 - Parking space. Every new dwelling unit constructed or installed in the R-6 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; this space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the setback or side yard area of a principal structure.
(Ord. 261 7, 1982: Ord. 49 1 (part), 1971) 6-713 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-704, and variance permits to modify the provisions contained in Sections 6-705 to 6-712, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 49 1 (part), 1971) 6-714 - No rezoning to R-6. No land may hereafter be placed in the R-6 zoning district. (Ord. 49 1 (part), 1971) 6-715 - Creation and improvement of new lots. Any new lots created in the R-6 zoning district shall comply with the minimum standards for lot area, width and depth prescribed in Article 2 of this chapter for the R-10 zoning district. Any buildings or other structures erected on such newly-created lots shall be placed on the lot in compliance with the side yard requirements of the R-10 zoning district. (Ord. 49 1 (part), 1971)
Article 2. - Single-family Residential District-10

6-721 - General. 6-722 - Uses permitted. 6-723 - Uses requiring a permit. 6-724 - Lot area. 6-725 - Lot width. 6-726 - Lot depth. 6-727 - Height. 6-728 - Side yards. 6-729 - Setback. 6-730 - Rear yard. 6-731 - Parking space. 6-732 - Parking restrictions. 6-733 - Modifiable sections.
6-721 - General. All land in the single-family residential district-10 (map symbol R-10) shall be used in accordance with the provisions of this article. (Ord. 63 4 (part), 1972)
6-722 - Uses permitted. The following uses are permitted in the R-10 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 63 4 (part), 1972) 6-723 - Uses requiring a permit. In the R-10 district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) Residential businesses; Churches, religious institutions and parochial and private schools, including nursery schools; Reserved. Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds;
(f) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (g) (h) (i) Greenhouses, over 300 square feet; Crop and tree farming; The keeping of livestock as provided in Sections 6-523 and 6-524
(j) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (k) (l) Multiple pet activity, but only on parcels of land 20,000 square feet in size or larger; A second unit which complies with Chapter 6-5, Article 3 of this title;
(m) A recreation court as required in Section 6-572 (Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 4 (part), 1984; Ord. 266 5, 1982; Ord. 120 1 (part), 2 (part), 1973; Ord. 115 5 (part), 1973; Ord. 80 3, 1972: Ord. 63 4 (part),
1972) 6-724 - Lot area. No single-family dwelling or other structure permitted in the R-10 district shall be erected or placed on a lot smaller than 10,000 square feet in area. (Ord. 63 4 (part), 1972) 6-725 - Lot width. No single-family dwelling or other structure permitted in the R-10 district shall be erected or placed on a lot less than 80 feet in average width. (Ord. 63 4 (part), 1972) 6-726 - Lot depth. No single-family dwelling or other structure permitted in the R-10 district shall be erected or placed on a lot less than 90 feet deep. (Ord. 63 4 (part), 1972) 6-727 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-728 - Side yards. There shall be an aggregate side yard width of at least 20 feet for any structure in the R-10 district. No side yard shall be less than ten feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 50 feet from the front property line. (Ord. 63 4 (part), 1972) 6-729 - Setback. There shall be a setback (front yard) of at least 20 feet for any structure in the R-10 district; on corner lots the principal frontage of the lot shall have a setback of at least 20 feet and the other setback shall be at least 15 feet. (Ord. 63 4 (part), 1972) 6-730 - Rear yard. There shall be a rear yard for any principal structure in the R-10 district of at least 15 feet. There shall be a rear yard for accessory structures of at least three feet.
(Ord. 63 4 (part), 1972) 6-731 - Parking space. Every dwelling unit permitted in the R-10 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; each parking space shall have minimum dimensions of at least ten feet by 20 feet either covered or open, and shall not be located within the setback or side yard area of a principal structure. (Ord. 63 4 (part), 1972) 6-732 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-10 district. (Ord. 63 4 (part), 1972) 6-733 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-723, and variance permits to modify the provisions contained in Sections 6-724 to 6-732, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 4 (part), 1972)

6-742 - Uses permitted. The following uses are permitted in the R-12 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Foster home or family care home operated by a public agency, which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care home for the aged, operated by a public agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 85 1, 1972: Ord. 63 5 (part), 1972) 6-743 - Uses requiring a permit. In the R-12 district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) Residential businesses; Churches, religious institutions and parochial and private schools, including nursery schools; Reserved. Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds;
(f) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (g) (h) (i) Greenhouses, over 300 square feet; Crop and tree farming; The keeping of livestock, as provided in Sections 6-523 and 6-524
(j) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (k) (l) Multiple pet activity, but only on parcels of land 20,000 square feet in size, or larger; A second unit which complies with Chapter 6-5, Article 3 of this title;
(m) A recreation court as required in Section 6-572 (Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 4 (part), 1984; Ord. 266 6, 1982; Ord. 120 1 (part), 2 (part), 1973; Ord. 115 5 (part), 1973; Ord. 80 4, 1972: Ord. 63 5 (part),
1972) 6-744 - Lot area. No single-family dwelling or other structure permitted in the R-12 district shall be erected or placed on a lot smaller than 12,000 square feet in area. (Ord. 63 5 (part), 1972) 6-745 - Lot width. No single-family dwelling or other structure permitted in the R-12 district shall be erected or placed on a lot less than 100 feet in average width. (Ord. 63 5 (part), 1972) 6-746 - Lot depth. No single-family dwelling or other structure permitted in the R-12 district shall be erected on a lot less than 100 feet deep. (Ord. 63 5 (part), 1972) 6-747 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-748 - Side yards. There shall be an aggregate side yard width of at least 25 feet for any structure in the R-12 district. No side yard shall be less than ten feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 65 feet from the front property line. (Ord. 63 5 (part), 1972) 6-749 - Setback. There shall be a setback (front yard) of at least 20 feet for any structure in the R-12 district; on corner lots the principal frontage of the lot shall have a setback of at least 20 feet and the other setback shall be at least 15 feet. (Ord. 63 5 (part), 1972) 6-750 - Rear yard. There shall be a rear yard for any principal structure in the R-12 district of at least 15 feet. There shall be a rear yard for accessory structures of at least three feet.
(Ord. 63 5 (part), 1972) 6-751 - Parking space. Every dwelling unit permitted in the R-12 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; each parking space shall have dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the setback or side yard area of a principal structure. (Ord. 63 5 (part), 1972) 6-752 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-12 district. (Ord. 63 5 (part), 1972) 6-753 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-743, and variance permits to modify the provisions contained in Sections 6-744 to 6-752, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 5 (part), 1972)

6-762 - Uses permitted. The following uses are permitted in the R-15 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than 2 supervisory persons; (c) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 63 6 (part), 1972) 6-763 - Uses requiring a permit. In the R-15 district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) Residential businesses; Churches, religious institutions, and parochial and private schools, including nursery schools; Reserved. Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds;
(f) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (g) (h) (i) Greenhouses, over 300 square feet; Crop and tree farming; The keeping of livestock, as provided in Sections 6-523 and 6-524
(j) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (k) (l) Multiple pet activity, but only on parcels of land 20,000 square feet in size, or larger; A second unit which complies with Chapter 6-5, Article 3 of this title;
(m) A recreation court as required in Section 6-572 (Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 4 (part), 1984; Ord. 266 7, 1982; Ord. 120 1 (part), 2 (part), 1973; Ord 115 5 (part), 1973; Ord. 80 5, 1972: Ord. 63 6 (part),
1972) 6-764 - Lot area. No single-family dwelling or other structure permitted in the R-15 district shall be erected or placed on a lot smaller than 15,000 square feet in area. (Ord. 63 6 (part), 1972) 6-765 - Lot width. No single-family dwelling or other structure permitted in the R-15 district shall be erected or placed on a lot less than 100 feet in average width. (Ord. 63 6 (part), 1972) 6-766 - Lot depth. No single-family dwelling or other structure permitted in the R-15 district shall be erected or placed on a lot less than 100 feet deep. (Ord. 63 6 (part), 1972) 6-767 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-768 - Side yards. There shall be an aggregate side yard width of at least 25 feet for any structure in the R-15 district. No side yard shall be less than ten feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 65 feet from the front property line. (Ord. 63 6 (part), 1972) 6-769 - Setback. There shall be a setback (front yard) of at least 20 feet for any structure in the R-15 district; on corner lots the principal frontage of the lot shall have a setback of at least 20 feet and the other setback shall be at least 15 feet. (Ord. 63 6 (part), 1972) 6-770 - Rear yard. There shall be a rear yard for any principal structure in the R-15 district of at least 15 feet. There shall be a rear yard for accessory structures of at least three feet.
(Ord. 63 6 (part), 1972) 6-771 - Parking space. Every dwelling unit permitted in the R-15 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; each parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the setback or side yard area of a principal structure. (Ord. 63 6 (part), 1972) 6-772 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-15 district. (Ord. 63 6 (part), 1972) 6-773 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-763, and variance permits to modify the provisions of Sections 6-764 to 6-772, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 6 (part), 1972)

6-781 - General. 6-782 - Uses permitted. 6-783 - Uses requiring a permit. 6-784 - Lot area. 6-785 - Lot width. 6-786 - Lot depth. 6-787 - Height. 6-788 - Side yards. 6-789 - Setback. 6-790 - Rear yard. 6-791 - Parking spaces. 6-792 - Parking restrictions. 6-793 - Modifiable sections.
6-782 - Uses permitted. The following uses are permitted in the R-20 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care home for the aged, operated by a public agency or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) (e) The keeping of livestock, as provided in Sections 6-523 and 6-524 A home occupation.
(Ord. 115 3 (part), 1973; Ord. 63 7 (part), 1972) 6-783 - Uses requiring a permit. In the R-20 district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) (f) Residential businesses; Churches, religious institutions, and parochial and private schools, including nursery schools; A second unit which complies with Chapter 6-5, Article 3 of this title; Reserved. Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds;
(g) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (h) Crop and tree farming and horticulture;
(i) Small farming, including the raising of poultry or rabbits or other grain-fed rodents, exclusively for home consumption; (j) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (k) (l) Multiple pet activity, but only on parcels of land 20,000 square feet in size or larger; A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 3 (part), 4 (part), 1984; Ord. 266 8,
1982; Ord. 120 1 (part), 2 (part), 1973; Ord. 115 5 (part), 1973; Ord. 63 7 (part), 1972) 6-784 - Lot area. No single-family dwelling or other structure permitted in the R-20 district shall be erected or placed on a lot less than 20,000 square feet in area. (Ord. 63 7 (part), 1972) 6-785 - Lot width. No single-family dwelling or other structure permitted in the R-20 district shall be erected or placed on a lot less than 120 feet in average width. (Ord. 63 7 (part), 1972) 6-786 - Lot depth. No single-family dwelling or other structure permitted in the R-20 district shall be erected or placed on a lot less than 120 feet deep. (Ord. 63 7 (part), 1972) 6-787 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-788 - Side yards. There shall be an aggregate side yard width of at least 35 feet for any structure in the R-20 district. No side yard shall be less than 15 feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 65 feet from the front property line. (Ord. 63 7 (part), 1972) 6-789 - Setback. There shall be a setback (front yard) of at least 25 feet for any structure in the R-20 district; on corner lots the principal frontage of the lot shall have a setback of at least 25 feet and the other setback shall be at least 20 feet. (Ord. 63 7 (part), 1972) 6-790 - Rear yard. There shall be a rear yard for any principal structure in the R-20 district of at least 15 feet. There shall be a rear yard for accessory structures of at least three feet.
(Ord. 63 7 (part), 1972) 6-791 - Parking spaces. Every dwelling unit permitted in the R-20 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; each parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the setback or sideyard area of a principal structure. (Ord. 63 7 (part), 1972) 6-792 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-20 district. (Ord. 63 7 (part), 1972) 6-793 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-783, and variance permits to modify the provisions of Sections 6-784 to 6-792, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 7 (part), 1972)

6-7102 - Uses permitted. The following uses are permitted in the R-40 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) The keeping of livestock, as provided in Sections 6-523 and 6-524
(e) Small farming, including the raising of poultry or rabbits or other grain-fed rodents exclusively for home consumption; (f) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 63 8 (part), 1972) 6-7103 - Uses requiring a permit. In the R-40 district, the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) (f) (g) Residential businesses; Churches, religious institutions, and parochial and private schools, including nursery schools; A second unit which complies with Chapter 6-5, Article 3 of this title; Reserved. Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds; Crop and tree farming and horticulture;
(h) Horse riding academies and horse riding instruction, if the requirements listed in Sections 6-523 and 6-524 are met; (i) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (j) (k) (l) Multiple pet activity, but only on parcels of land 20,000 square feet in size, or larger; Kennel activity; A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 3 (part), 4 (part), 1984; Ord. 266 9, 1982; Ord. 115 5 (part), 1973; Ord. 63 8 (part), 1972) 6-7104 - Lot area. No single-family dwelling or other structure permitted in the R-40 district shall be erected or placed on a lot smaller than 40,000 square feet in area. (Ord. 63 8 (part), 1972) 6-7105 - Lot width. No single-family dwelling or other structure permitted in the R-40 district shall be erected or placed on a lot less than 140 feet in average width. (Ord. 63 8 (part), 1972) 6-7106 - Lot depth. No single-family dwelling or other structure permitted in the R-40 district shall be erected or placed on a lot less than 140 feet deep. (Ord. 63 8 (part), 1972) 6-7107 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-7108 - Side yards. There shall be an aggregate side yard width of at least 40 feet. No side yard shall be less than 20 feet wide. These minima may be reduced to three feet for an accessory building or structure, if it is set back at least 75 feet from the front property line. (Ord. 84 1, 1972: Ord. 63 8 (part), 1972) 6-7109 - Setback. There shall be a setback (front yard) of at least 25 feet for any structure in the R-40 district; on corner lots the principal frontage of the lot shall have a setback of at least 25 feet and the other setback shall be at least 20 feet. (Ord. 63 8 (part), 1972) 6-7110 - Rear yard. There shall be a rear yard for any principal structure in the R-40 district of at least 15 feet. There shall
be a rear yard for accessory structures of at least three feet. (Ord. 63 8 (part), 1972) 6-7111 - Parking space. Every dwelling unit permitted in the R-40 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; each parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within the setback or side yard area of a principal structure. (Ord. 63 8 (part), 1972) 6-7112 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-40 district. (Ord. 63 8 (part), 1972) 6-7113 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-7103, and variance permits to modify the provisions of Sections 6-7104 to 6-7112, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 8 (part), 1972)

6-7121 - General. 6-7122 - Uses permitted. 6-7123 - Uses requiring a permit. 6-7124 - Lot area. 6-7125 - Lot width. 6-7126 - Lot depth. 6-7127 - Height. 6-7128 - Side yards. 6-7129 - Setback. 6-7130 - Rear yard. 6-7131 - Parking space. 6-7132 - Parking restriction. 6-7133 - Modifiable sections.
6-7122 - Uses permitted. The following uses are permitted in the R-65 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) The keeping of livestock, as provided in Sections 6-523 and 6-524
(e) Small farming, including the raising of poultry or rabbits or other grain-fed rodents exclusively for home consumption; (f) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 63 9 (part), 1972) 6-7123 - Uses requiring a permit. In the R-65 district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) (f) (g) Residential businesses; Churches, religious institutions, and parochial and private schools, including nursery schools; A second unit which complies with Chapter 6-5, Article 3 of this title; Reserved. Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds; Crop and tree farming and horticulture;
(h) Horse riding academies and horse riding instructions, if the requirements of Section 6-523 and 6-524 are met; (i) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (j) (k) (l) Multiple pet activity, but only on parcels of land 20,000 square feet in size or larger; Kennel activity; A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 3 (part), 4 (part), 1984; Ord. 266 10, 1982; Ord. 115 5 (part), 1973; Ord. 63 9 (part), 1972) 6-7124 - Lot area. No single-family dwelling or other structure permitted in the R-65 district shall be erected or placed upon a lot smaller than 65,000 square feet in area. (Ord. 63 9 (part), 1972) 6-7125 - Lot width. No single-family dwelling or other structure permitted in the R-65 district shall be erected or placed upon a lot which is less than 140 feet in average width. (Ord. 63 9 (part), 1972) 6-7126 - Lot depth. No single-family dwelling or other structure permitted in the R-65 district shall be erected or placed upon a lot which is less than 140 feet deep. (Ord. 63 9 (part), 1972) 6-7127 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-7128 - Side yards. There shall be an aggregate side yard width of at least 40 feet for any structure in the R-65 district. No side yard shall be less than 20 feet in width. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 75 feet from the front property line. (Ord. 63 9 (part), 1972) 6-7129 - Setback. There shall be a setback (front yard) of at least 25 feet for any structure in the R-65 district; on corner lots, the principal frontage of the lot shall have a setback of at least 25 feet and the other setback shall be at least 20 feet. (Ord. 63 9 (part), 1972) 6-7130 - Rear yard. There shall be a rear yard for any principal structure in the R-65 district of at least 15 feet. There shall
be a rear yard for accessory structures of at least three feet. (Ord. 63 9 (part), 1972) 6-7131 - Parking space. Every dwelling unit permitted in the R-65 district shall have, on the same lot or parcel, automobile storage space sufficient for at least two automobiles; each parking space shall have minimum dimensions of at least ten feet by 20 feet, either covered or open, and shall not be located within any setback or side yard area provided for principal structures. (Ord. 63 9 (part), 1972) 6-7132 - Parking restriction. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-65 district. (Ord. 63 9 (part), 1972) 6-7133 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-7123, and variance permits to modify the provisions of Sections 6-7124 to 6-7132, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 9 (part), 1972)

6-7142 - Uses permitted. The following uses are permitted in the R-100 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary thereto; (b) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) The keeping of livestock, as provided in Section 6-523 and 6-524
(e) Small farming, including the raising of poultry or rabbits or other grain-fed rodents exclusively for home consumption; (f) (g) Crop and tree farming and horticulture; A home occupation.
(Ord. 115 3 (part), 1973; Ord. 63 10 (part), 1972) 6-7143 - Uses requiring a permit. In the R-100 district, the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) (f) Residential businesses; Churches, religious institutions, and parochial and private schools, including nursery schools; A second unit which complies with Chapter 6-5, Article 3 of this title; Reserved; Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds;
(g) Horse riding academies and horse riding instructions, if the requirements of Sections 6-523 and 6-524 are met; (h) Commercial nurseries (the application shall include a site plan indicating planting and landscaping areas, automobile parking areas, existing and proposed structures, and plans and elevations to indicate architectural type); (i) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (j) Multiple pet activity, but only on parcels of land 20,000 square feet in size or larger;
(k) (l)
Kennel activity; A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 333 1 (part), 1985; Ord. 300 3 (part), 4 (part), 1984; Ord. 266 11, 1982; Ord. 115 5 (part), 1973; Ord. 84 3, 1972; Ord. 63 10 (part), 1972) 6-7144 - Lot area. No single-family dwelling or other structure permitted in the R-100 district shall be erected or placed on a lot smaller than 100,000 square feet in area. (Ord. 63 10 (part), 1972) 6-7145 - Lot width. No single-family dwelling or other structure permitted in the R-100 district shall be erected on a lot less than 200 feet in average width. (Ord. 63 10 (part), 1972) 6-7146 - Lot depth. No single-family dwelling or other structure permitted in the R-100 district shall be erected on a lot less than 200 feet deep. (Ord. 63 10 (part), 1972) 6-7147 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-7148 - Side yards. There shall be an aggregate side yard width of at least 60 feet for any structure in the R-100 district. No side yard shall be less than 30 feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 65 feet from the front property line. (Ord. 63 10 (part), 1972) 6-7149 - Setback. There shall be a setback (front yard) of at least 30 feet for any structure in the R-100 district; on corner lots, the principal frontage of the lot shall have a setback of at least 30 feet and the other setback shall be at least 25 feet. (Ord. 63 10 (part), 1972)
6-7150 - Rear yard. There shall be a rear yard for any principal structure in the R-100 district of at least 30 feet. There shall be a rear yard for accessory structures of at least three feet. (Ord. 63 10 (part), 1972) 6-7151 - Parking space. Every dwelling unit permitted in the R-100 district shall have on the same lot or parcel enough automobile storage space for at least two automobiles; each parking space shall have dimension of at least ten feet by 20 feet either covered or open, and shall not be located within the setback or side yard area of a principal structure. (Ord. 63 10 (part), 1972) 6-7152 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the R-100 district. (Ord. 63 10 (part), 1972) 6-7153 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-7143, and variance permits to modify the provisions of Sections 6-7144 to 6-7152, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 10 (part), 1972)
Article 9. - Low Density Residential District-5

6-7181 - General. 6-7182 - Purposes. 6-7183 - Uses permitted. 6-7184 - Uses requiring a permit. 6-7185 - Development requiring hillside development permit. 6-7186 - Lot area. 6-7187 - Lot width. 6-7188 - Lot depth. 6-7189 - Height. 6-7190 - Yards. 6-7191 - Parking space. 6-7192 - Variances.
6-7181 - General. All land in the low-density residential district-5 (map symbol L-R-5) shall be used in accordance with this title.
(Ord. 529 1, 2002) 6-7182 - Purposes. The purposes of the low-density residential (L-R-5) district include the following: (a) Provide for areas of low-density residential uses consistent with the general plan and with the city's primary objective of preservation and enhancement of its semi-rural residential character; (b) Promote the health, safety and welfare of the community by protecting the land in the L-R-5 district from uses that would disturb the natural environment and increase geologic, pedologic, seismic, hydrologic or other inherent hazards; (c) Preserve and maintain the scenic, recreational, biotic, historic and other resources of land in the L-R-5 district. (Ord. 529 1, 2002) 6-7183 - Uses permitted. In the L-R-5 district, the following uses are allowed on a lot: (a) A single-family residence and an accessory structure and use normally auxiliary to it;
(b) The keeping of livestock, consistent with recognized principles of range management and in compliance with sections 6-523 and 6-524 (c) Small farming, including the raising of poultry or rabbits or other grain-fed rodents exclusively for home consumption in compliance with Section 6-524 (d) (e) A home occupation; A second unit which complies with Section 6-560 through 6-568
(Ord. 543 3, 2004; Ord. 529 1, 2002) 6-7184 - Uses requiring a permit. The planning commission, after a public hearing and upon a showing by an applicant that such use is consistent with the uses in the general area, may grant a land use permit for the following uses: (a) (b) (c) (d) A residential business; Church, religious institution, parochial and private school, including nursery school; Publicly owned buildings and structures, except as provided in Section 6-516 Crop and tree farming, horticulture, viticulture, grazing and other similar agriculture uses;
(e) Community building, club or activities of a quasi-public, social or fraternal character, private recreational facility, such as a golf club, swimming pool and tennis club, whether or not operated for profit; (f) Horse riding academy or horse riding school meeting the requirements of Sections 6-523 and
6-524 (g) Kennel activity;
(h) Uses that the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (i) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 529 1, 2002) 6-7185 - Development requiring hillside development permit. New development or the expansion of an existing use requires the issuance of a hillside development permit pursuant to Sections 6-2061 et seq. (Ord. 529 1, 2002) 6-7186 - Lot area. The minimum lot area in the L-R-5 district is five acres. (Ord. 529 1, 2002) 6-7187 - Lot width. No lot shall be created in the L-R-5 district that is less than 200 feet in average width. (Ord. 529 1, 2002) 6-7188 - Lot depth. Not lot shall be created in the L-R-5 district that is less than 200 feet deep. (Ord. 529 1, 2002) 6-7189 - Height. No single-family residence dwelling or other structure permitted in the L-R-5 district shall exceed 30 feet in height or two and one-half stories, whichever is less. (Ord. 529 1, 2002) 6-7190 - Yards. Each building erected in the L-R-5 district, including an accessory building, shall be a minimum of 50 feet from property lines or easement lines. (Ord. 529 1, 2002) 6-7191 - Parking space. (a) Residential parking space. Each dwelling unit permitted in the L-R-5 district shall have, on the same lot or parcel, space for at least four automobiles. Each parking space shall have dimensions of at
least 10 feet by 20 feet, and shall not be located within 50 feet of any property line. (b) Nonresidential parking space. Parking for a recreation building, club building, or nonresidential uses in the L-R-5 district is governed by Sections 6-601 through 6-661 (Ord. 529 1, 2002) 6-7192 - Variances. The planning commission may grant a variance to alter the requirements of 6-7187 through 6-7191 in accordance with the applicable provisions of Sections 6-201 through 6-238. (Ord. 529 1, 2002)
Article 10. - Low Density Residential District-10

6-7201 - General. 6-7202 - Purposes. 6-7203 - Uses permitted. 6-7204 - Uses requiring a permit. 6-7205 - Development requiring hillside development permit. 6-7206 - Lot area. 6-7207 - Lot width. 6-7208 - Lot depth. 6-7209 - Height. 6-7210 - Yards. 6-7211 - Parking space. 6-7212 - Variances.
6-7201 - General. All land in the low-density residential district-10 (map symbol L-R-10) shall be used in accordance with this article. (Ord. 530 1, 2002) 6-7202 - Purposes. The purposes of the low-density residential (L-R-10) district include the following: (a) Provide for areas of low-density residential uses consistent with the general plan and with the city's primary objective of preservation and enhancement of its semi-rural residential character; (b) Promote the health, safety and welfare of the community by protecting the land in the L-R-10 district from uses that would disturb the natural environment and increase geologic, pedologic, seismic, hydrologic or other inherent hazards; (c) Preserve and maintain the scenic, recreational, biotic, historic and other resources of land in the L-R-10 district.
(Ord. 530 1, 2002) 6-7203 - Uses permitted. In the L-R-10 district, the following uses are allowed on a lot: (a) A single-family residence and an accessory structure and use normally auxiliary to it;
(b) The keeping of livestock, consistent with recognized principles of range management and in compliance with Sections 6-523 and 6-524 (c) Small farming, including the raising of poultry or rabbits or other grain-fed rodents exclusively for home consumption in compliance with Section 6-524 (d) (e) A home occupation; A second unit which complies with Sections 6-560 through 6-568
(Ord. 543 4, 2004; Ord. 530 1, 2002) 6-7204 - Uses requiring a permit. The planning commission, after a public hearing and upon a showing by an applicant that such use is consistent with the uses in the general area, may grant a land use permit for the following uses: (a) (b) (c) (d) A residential business; Church, religious institution, parochial and private school, including nursery school; Publicly owned buildings and structures, except as provided in Section 6-516 Crop and tree farming, horticulture, viticulture, grazing and other similar agriculture uses;
(e) Community building, club or activities of a quasi-public, social or fraternal character, private recreational facility, such as a golf club, swimming pool and tennis club, whether or not operated for profit; (f) Horse riding academy or horse riding school meeting the requirements of Sections 6-523 and 6-524 (g) Kennel activity;
(h) Uses that the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (i) A recreation court as required in Section 6-572
(Ord. 543 5, 2004; Ord. 541 2 (part), 2004; Ord. 530 1, 2002) 6-7205 - Development requiring hillside development permit. New development or the expansion of an existing use requires the issuance of a hillside development permit pursuant to Sections 6-2061 et seq.
(Ord. 530 1, 2002) 6-7206 - Lot area. The minimum lot area in the L-R-10 district is 10 acres. The minimum lot area of an existing L-R parcel that was less than 10 acres on July 8, 2002 is the area of the parcel that existed on that date. (Ord. 530 1, 2002) 6-7207 - Lot width. No lot shall be created in the L-R-10 district that is less than 200 feet in average width. (Ord. 530 1, 2002) 6-7208 - Lot depth. No lot shall be created in the L-R-10 district is less than 200 feet deep. (Ord. 530 1, 2002) 6-7209 - Height. No single-family residence dwelling or other structure permitted in the L-R-10 district shall exceed 30 feet in height or two and one-half stories, whichever is less. (Ord. 530 1, 2002) 6-7210 - Yards. Each building erected in the L-R-10 district, including an accessory building, shall be a minimum of 50 feet from property lines or easement lines. (Ord. 530 1, 2002) 6-7211 - Parking space. (a) Residential parking space. Each dwelling unit permitted in the L-R-10 district shall have, on the same lot or parcel, space for at least four automobiles. Each parking space shall have dimensions of at least 10 feet by 20 feet, and shall not be located within 50 feet of any property line. (b) Nonresidential parking space. Parking for a recreation building, club building, or nonresidential uses in the L-R-10 district is governed by Sections 6-601 through 6-661 (Ord. 530 1, 2002) 6-7212 - Variances. The planning commission may grant a variance to alter the requirements of 6-7207 through 6-7211 in accordance with the applicable provisions of Sections 6-201 through 6-238. (Ord. 530 1, 2002)
Article 11. - Procedure for Requesting a Reduction in the Minimum Lot Area in the Low Density Residential-10 District
6-7221 - Claim. 6-7222 - Application for reduction in minimum lot area. 6-7223 - Information required to measure economic impact of the minimum lot area. 6-7224 - Processing concurrently with general plan amendment and zoning change request. 6-7225 - City retention of economic consultant. 6-7226 - Notice. 6-7227 - Hearing recommendation and decision. 6-7228 - Factors in determination. 6-7229 - Findings supporting recommendation and decision. 6-7230 - Time limit for judicial review.
6-7221 - Claim. If an owner of property claims that the application of the minimum lot area in the L-R-10 district as applied to that property deprives the owner of the economic use of the property to the extent that its application is a taking under either the state or federal constitution or both, the owner may request a reduction in the minimum lot area of the property to a size that would not deprive the owner of the economically viable use of the property. An owner, however, may not request a reduction in the minimum lot area that is less than the minimum lot area that applied to the property before the ten-acre minimum was imposed. (Ord. 531 1, 2002) 6-7222 - Application for reduction in minimum lot area. An application requesting a reduction in the minimum lot area shall be on a form prescribed by the city and accompanied by a fee prescribed by city council resolution. (Ord. 531 1, 2002) 6-7223 - Information required to measure economic impact of the minimum lot area. An applicant for a reduction in the minimum lot area of ten acres shall provide the basis upon which the applicant believes the ten-acre minimum prevents the economically viable use of the property. The information shall include the following: (a) Basis for application. (1) (2) (3) (4) Brief description of the property together with a map or plat; Date of acquisition of the property; Purchase price of the property; General plan and zoning designations for the property at the time of acquisition; and
(5) An explanation of how the application of the ten-acre minimum lot area would deprive the applicant of the economically viable use of the property.
(b)
Property information. (1) A map drawn to scale showing both the property for which the reduction in minimum lot area is requested and the property lines for the properties within 500 feet of the exterior boundary lines of the subject property; (2) A conceptual plan showing how the property could be developed in accordance with the ten-acre minimum lot area standard; (3) Names and mailing addresses for each person holding an interest in or encumbrance on the subject property including a lessee; (4) Copy of each recorded restriction and every document defining or affecting control or use of the property; (5) A map indicating all property owners within a 300-foot radius of the exterior boundaries of the subject property; and (6) A description and analysis of the alternate allowable uses under the L-R-10 zoning.
(c)
Economic data. (1) The dates and amounts of invested capital following acquisition of the property;
(2) The description and amount of each assessment, if any, imposed upon the property for public improvements; (3) Actual and planned activities for the property with documentation as to their nature and timing; (4) (5) (6) (7) The value of the parcel at the time the taking was said to have occurred; The time period of the loss; The portion of the property retaining economic use, if any; The applicant's ability to carry out the uses and activities intended for the property;
(8) The market conditions that created the opportunities that are prevented by the ten-acre minimum lot area standard; and (9) The reduced profits caused by the imposition of the ten-acre minimum lot area standard, including the assumptions underlying the estimates. (d) Additional information.
Such additional information as the city may request in order to take action on the request. The applicant shall cooperate with city requests for financial information regarding the property. Confidential business information provided by an applicant to the city shall remain confidential consistent with the requirements of the Public Records Act (Government Code 6250 et seq.) (e) Consultants and experts.
The name, address and occupation of each consultant and expert providing information or in any way assisting in the preparation of the application shall be provided. (Ord. 531 1, 2002) 6-7224 - Processing concurrently with general plan amendment and zoning change request. The application shall be accompanied by and processed concurrently with an application requesting a amendment to the general plan and a change in zoning to the minimum lot area requested. (Ord. 531 1, 2002) 6-7225 - City retention of economic consultant. The city may retain an economic consultant to evaluate the basis upon which the applicant claims that the minimum lot area standard deprives the owner of the economically viable use of the property. The applicant shall pay the fees for the retention of such consultant. (Ord. 531 1, 2002) 6-7226 - Notice. The city shall give notice of the filing of an application to reduce the minimum lot area in the manner prescribed in section 6-210. The notice shall also fix the time and place of each hearing on the request as required by section 6-7227 and shall be given by posting and mailing as prescribed in section 6-211. (Ord. 531 1, 2002) 6-7227 - Hearing recommendation and decision. The application shall be heard initially by the appeals hearing board after the giving of notice. The board shall, at the conclusion of the hearing, make its findings and recommendation and forward them to the planning commission for its consideration as part of the general plan amendment and zoning change request. The planning commission shall hold a hearing and make its findings and recommendation and forward them to the city council for its consideration as part of the general plan amendment and zoning change request. The city council is the decision-making body on the request. It shall hold a hearing and thereafter make its findings and decision. (Ord. 531 1, 2002) 6-7228 - Factors in determination. In acting upon an application, the hearing body shall consider among other matters, the following: (a) Characteristics of the property, including: (1) (2) (b) Size, shape and location; Topography, geology and available information relating to soils;
Details of the applicant's acquisition of the property, including: (1) Date of purchase;
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(2) (3) (4) (c) (d) (e) (f)
Purchase price; Nature of title; Activities planned for the use of the property at the time of acquisition;
General plan designation and zoning at time of acquisition; Allowable uses at time of acquisition; Present use of the property and duration of that use; History of the land use of the property preceding acquisition, including: (1) (2) Each general plan designation and zoning classification applied to the property; Each use to which the property was put;
(g) (h)
Fair market value of the property before the ten-acre minimum lot area was applied; and Fair market value of the parcel after the ten-acre minimum lot area was applied.
(Ord. 531 1, 2002) 6-7229 - Findings supporting recommendation and decision. Each hearing body shall make its recommendation or decision, as the case may be, based on the evidence presented to it. The recommendation and decision shall be in writing with specific findings on the following: (a) What were the reasonable investment-backed expectations of the applicant; and
(b) What was the economic impact of the application of the ten-acre minimum lot area on the subject property The findings must be supported by substantial evidence in the record before the hearing body. (Ord. 531 1, 2002) 6-7230 - Time limit for judicial review. The time limit for judicial review of the city council's decision on the application is governed by Code of Civil Procedure 1094.6(b). (Ord. 531 1, 2002)
Chapter 6-8 - MULTIPLE-FAMILY RESIDENTIAL DISTRICTS
Sections:
Article 1. - Two-family Residential District Article 2. - Multiple-family Residential District A Article 3. - Multiple-family Residential District B Article 4. - Multiple-family Residential/Professional Office District Article 5. - Multiple-family Residential Townhouse District Article 6. - Multiple-family Residential/Professional Office, One-story District
Article 1. - Two-family Residential District

6-801 - General. 6-802 - Purpose. 6-803 - Uses permitted. 6-804 - Uses requiring a permit. 6-805 - Lot area. 6-806 - Lot width. 6-807 - Lot depth. 6-808 - Height. 6-809 - Setback. 6-810 - Side yards. 6-811 - Rear yard. 6-812 - Lot coverage. 6-813 - Parking space. 6-814 - Reserved. 6-815 - Modifiable sections. 6-816 - Design review.
6-801 - General. All land in the two-family residential district (map symbol D-1) shall be used in accordance with the provisions of this article. (Ord. 137 2 (part), 1975) 6-802 - Purpose. The purpose of this article is to provide a two-family residential district, and regulations therefor, in areas close to the central area and major transportation services; to enhance the semirural residential character of the city; to ensure attractive and compatible architectural treatment of structures; and to encourage quality development consistent with the goals and policies and other provisions of the general plan. (Ord. 137 2 (part), 1975) 6-803 - Uses permitted. The following uses are permitted in the D-1 district: (a) A detached single-family dwelling on each lot, and the accessory structures and uses normally auxiliary to it;
(b) On lots 10,000 square feet in size or larger, a detached two-family dwelling (duplex) on each lot and the structures and uses normally auxiliary thereto; (c) A foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (d) A residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (e) A home occupation.
(Ord. 137 2 (part), 1975) 6-804 - Uses requiring a permit. In the D-1 district the following uses are permitted on the issuance of a land use permit: (a) Residential businesses;
(b) Churches and religious institutions and parochial and private schools, including nursery schools; (c) (d) On lots 10,000 square feet in size or larger, two detached single-family residences; Publicly owned buildings and structures, except as provided in Section 6-516
(e) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (f) Eleemosynary and philanthropic institutions, and convalescent homes;
(g) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses; (h) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 137 2 (part), 1975) 6-805 - Lot area. No new lot may be created in the D-1 district smaller than 10,000 square feet in area. (Ord. 137 2 (part), 1975) 6-806 - Lot width. No new lot may be created in the D-1 district with an average width of less than 80 feet. (Ord. 137 2 (part), 1975)
6-807 - Lot depth. No new lot may be created in the D-1 district with a depth of less than 90 feet. (Ord. 137 2 (part), 1975) 6-808 - Height. No building or structure in the D-1 district may exceed one and one-half stories in height. No building or structure may exceed 25 feet in height. (Ord. 137 2 (part), 1975) 6-809 - Setback. There shall be a setback (front yard) of at least 20 feet for any structure in the D-1 district; on corner lots the principal frontage of the lot shall have a setback of at least 20 feet and the other setback shall be at least 15 feet. (Ord. 137 2 (part), 1975) 6-810 - Side yards. No side yard in the D-1 district shall be less than ten feet wide. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 50 feet from the front property line. (Ord. 137 2 (part), 1975) 6-811 - Rear yard. There shall be a rear yard for any principal structure in the D-1 district of at least 15 feet. There shall be a rear yard for any accessory structure of at least three feet. (Ord. 137 2 (part), 1975) 6-812 - Lot coverage. No buildings or structures permitted in the D-1 district shall cover more than 50 percent of the lot area. (Ord. 137 2 (part), 1975) 6-813 - Parking space. Every dwelling unit in the D-1 district shall have on the same lot or parcel covered automobile parking space for at least two automobiles; each parking space shall have minimum dimensions of at least ten feet by 20 feet. (Ord. 137 2 (part), 1975) 6-814 - Reserved. 6-815 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-804 and variance permits to modify the
provisions of Sections 6-805 to 6-814, inclusive, may be granted in accordance with the applicable provisions of Part 1 of this title. (Ord. 137 2 (part), 1975) 6-816 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 137 2 (part), 1975)
Article 2. - Multiple-family Residential District A

6-821 - General. 6-822 - Purpose. 6-823 - Uses permitted. 6-824 - Uses requiring a permit. 6-825 - Lot area. 6-826 - Floor area ratio (FAR). 6-827 - Lot width. 6-828 - Lot depth. 6-829 - Height. 6-830 - Setback. 6-831 - Side yards. 6-832 - Rear yard. 6-833 - Lot coverage. 6-834 - Open space. 6-835 - Planted open space. 6-836 - Private open space. 6-837 - Parking. 6-838 - Reserved. 6-839 - Design review. 6-840 - Modifiable sections.
6-821 - General. All land in the multiple-family residential district A (map symbol M-R-A) shall be used in accordance with the provisions of this article. (Ord. 141 2 (part), 1975) 6-822 - Purpose. The purpose of this article is to provide a multiple-family residential district which allows a varied mix of housing types within the core area of the city convenient to central business areas and public transit, and regulations therefor, development of which will be consistent with and further the city's overall planning objective of the preservation and enhancement of its semirural residential character. The
regulations in this article are intended to require carefully conceived plans; to preserve natural settings and open space; to achieve the optimum in quality development, preservation of the environment, enhancement of the tax base, and beneficial use of available land; and to provide for development which is consistent with the goals and policies and other provisions of the general plan. (Ord. 279 1, 1982: Ord. 141 2 (part), 1975) 6-823 - Uses permitted. The following uses are permitted in the M-R-A district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) (c) Duplex; Multiple-family building;
(d) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (e) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (f) A home occupation;
(g) Consultative services in buildings which contain such uses on November 30, 1982, and for which the main building permit was issued prior to June 1, 1982, provided there is no future conversion of residential use to office use; (h) Medical services in buildings which contain such uses on November 30, 1982 and for which the main building permit was issued prior to June 1, 1982, provided there is no future conversion of residential use to medical services; (i) Limited child care.
(Ord. 279 2, 1982: Ord. 141 2 (part), 1975) 6-824 - Uses requiring a permit. In the M-R-A district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) (e) Residential businesses; Community assembly and education; Publicly owned buildings and structures, except as provided in Section 6-516 Day-care and educational services; Eleemosynary and philanthropic institutions, convalescent homes, and boarding homes;
(f) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses. (g) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 279 3, 1982: Ord. 141 2 (part), 1975) 6-825 - Lot area. No new lots may be created in the M-R-A district smaller than 10,000 square feet in area. (Ord. 141 2 (part), 1975) 6-826 - Floor area ratio (FAR). (a) The maximum gross floor area for dwelling units which may be allowed shall be in accordance with the following chart. To determine the floor area allowed, the floor area ratio (FAR) is multiplied by the lot size, measured in square feet. (b) The planning commission may increase the FAR of a lot under 20,000 square feet in size to a FAR of .40 if it finds that the lot cannot feasibly be merged with a contiguous lot to form a larger parcel. (c) Small size, studio and one-bedroom units are encouraged. F . A . R . Less Than 10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000 25,000
Lot Size (Square Feet)
At Least
10,000 11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000 21,000 22,000 23,000 24,000
.25 .30 .31 .32 .33 .34 .35 .36 .37 .38 .39 .40 .41 .42 .43 .44
25,000 26,000 27,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 36,000 37,000 38,000 39,000 40,000 50,000 60,000 70,000 80,000+
26,000 27,000 28,000 29,000 30,000 31,000 32,000 33,000 34,000 35,000 36,000 37,000 38,000 39,000 40,000 50,000 60,000 70,000 80,000
.45 .46 .47 .48 .49 .50 .51 .52 .53 .54 .55 .56 .57 .58 .59 .60 .61 .62 .63 .64
(Ord. 279 4, 1982: Ord. 141 2 (part), 1975) 6-827 - Lot width. No new lots may be created in the M-R-A district with an average width of less than 80 feet. (Ord. 141 2 (part), 1975) 6-828 - Lot depth. No new lots may be created in the M-R-A district with a depth of less than 90 feet. (Ord. 141 2 (part), 1975) 6-829 - Height. On lots in the M-R-A district smaller than 30,000 square feet in area, no building shall exceed 25 feet in height. On lots not less than 30,000 square feet in area, no building may exceed 35 feet in height. Any building exceeding 25 feet in height shall be reviewed by the planning commission so as to ensure that its height and proportions are compatible with other buildings in the vicinity, and that it is favorably located in relation to topographic conditions in a manner that visually attenuates its height. (Ord. 279 5, 1982: Ord. 141 2 (part), 1975) 6-830 - Setback. There shall be a minimum setback (front yard) of at least 20 feet for any structure in the M-R-A district. On corner lots the principal frontage of the lot shall have a setback of at least 20 feet and the other
setback shall be at least 15 feet. (Ord. 279 6, 1982: Ord. 141 2 (part), 1975) 6-831 - Side yards. There shall be a minimum side yard of at least ten feet for any structure in the M-R-A district. For a three-story building there shall be an average side yard of at least 20 feet, with a minimum side yard of ten feet. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 50 feet from the front property line and from any street line. (Ord. 279 7, 1982: Ord. 141 2 (part), 1975) 6-832 - Rear yard. There shall be a minimum rear yard of at least 15 feet for any principal structure in the M-R-A district. There shall be a rear yard of at least three feet for any accessory structure. (Ord. 279 8, 1982: Ord. 141 2 (part), 1975) 6-833 - Lot coverage. There shall be a maximum lot coverage of 35 percent in the M-R-A district. Lot coverage includes all buildings and structures. (Ord. 279 9, 1982: Ord. 141 2 (part), 1975) 6-834 - Open space. A minimum of 45 percent of the ground level of the lot shall not be occupied by buildings, structures or pavement for automobiles, but shall be maintained as open space, and devoted to landscaping. Open space includes planted open space, and may include ground-level private open space. (Ord. 279 10, 1982: Ord. 141 2 (part), 1975) 6-835 - Planted open space. A minimum of 20 percent of the ground level of a lot in the M-R-A district shall be planted and maintained with growing plants. To qualify as planted open space, an area must have a minimum dimension of 15 feet. Planted open space may include ground-level private open space if the latter has a minimum dimension of 15 feet. The 20 percent of the lot which must be planted open space is part of the 45 percent of the lot which must be open space. (Ord. 279 11, 1982: Ord. 141 2 (part), 1975) 6-836 - Private open space. A private patio, balcony or other open area shall be provided for each dwelling unit in the M-R-A district. This private open space shall be equal to or greater than ten percent of the floor area of each dwelling unit, and in no case shall be smaller than 100 square feet. The minimum dimension of this private open space shall be five feet. (Ord. 279 12, 1982: Ord. 141 2 (part), 1975)
6-837 - Parking. (a) In the M-R-A district, off-street parking shall be provided on the same lot, convenient to all dwelling units, in accordance with the following schedule: (1) (2) (3) One-bedroom units, 1.0 spaces per unit; Two-bedroom units, 1.2 spaces per unit; Three or more bedroom units, 1.5 spaces per unit.
(b) In addition, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per unit shall be covered. (Ord. 141 2 (part), 1975) 6-838 - Reserved. 6-839 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 141 2 (part), 1975) 6-840 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-824 and variance permits to modify the provisions of Sections 6-825 to 6-838, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 141 2 (part), 1975)
Article 3. - Multiple-family Residential District B

6-841 - General. 6-842 - Purpose. 6-843 - Uses permitted. 6-844 - Uses requiring a permit. 6-845 - Lot area. 6-846 - Density. 6-847 - Lot width. 6-848 - Lot depth. 6-849 - Height. 6-850 - Setback. 6-851 - Side yards. 6-852 - Rear yard. 6-853 - Lot coverage. 6-854 - Open space.
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-855 - Landscaped space. 6-856 - Private open space. 6-857 - Parking. 6-858 - Reserved. 6-859 - Design review. 6-860 - Modifiable sections.
6-841 - General. All land in the multiple-family residential district B (map symbol M-R-B) shall be used in accordance with the provisions of this article. (Ord. 146 2 (part), 1975) 6-842 - Purpose. The purpose of this article is to provide a medium-density multiple-family residential district, and regulations therefor, development of which will be consistent with and further the city's overall planning objective of the preservation and enhancement of its semirural residential character. The regulations in this article are intended to require carefully conceived plans; to preserve natural settings and open space; to ensure attractive and compatible architectural treatment of structures; to achieve the optimum in quality development, preservation of the environment, enhancement of the tax base, and beneficial use of available land; and to provide for development which is consistent with the goals and policies and other provisions of the general plan. (Ord. 146 2 (part), 1975) 6-843 - Uses permitted. The following uses are permitted in the M-R-B district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) (c) Duplex; Multiple-family building;
(d) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (e) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (f) A home occupation.
(Ord. 146 2 (part), 1975) 6-844 - Uses requiring a permit. In the M-R-B district the following uses are permitted on the issuance of a land use permit:
(a) (b) (c)
Residential business; Churches, religious institutions, and parochial and private schools, including nursery schools; Publicly owned buildings and structures, except as provided in Section 6-516
(d) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (e) Eleemosynary and philanthropic institutions, convalescent homes and boarding homes;
(f) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses; (g) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 146 2 (part), 1975) 6-845 - Lot area. No new lots may be created in the M-R-B district smaller than 10,000 square feet in area. (Ord. 146 2 (part), 1975) 6-846 - Density. In the M-R-B district, one dwelling unit may be constructed for each 2,500 square feet or more of lot area. (Ord. 146 2 (part), 1975) 6-847 - Lot width. No new lots may be created in the M-R-B district with an average width of less than 80 feet. (Ord. 146 2 (part), 1975) 6-848 - Lot depth. No new lots may be created in the M-R-B district with a depth of less than 90 feet. (Ord. 146 2 (part), 1975) 6-849 - Height. No building in the M-R-B district may exceed 35 feet in height. (Ord. 146 2 (part), 1975) 6-850 - Setback. There shall be a setback (front yard) of at least 20 feet for any structure in the M-R-B district. On corner lots the principal frontage of the lot shall have a setback of at least 20 feet, and the other setback shall
be at least 15 feet. (Ord. 146 2 (part), 1975) 6-851 - Side yards. There shall be a side yard of at least ten feet for any structure in the M-R-B district. For a three-story building there shall be an average side yard of at least 20 feet, with a minimum side yard of ten feet. These minima may be reduced to three feet for an accessory building or structure if it is set back at least 50 feet from the front property line or any street line. (Ord. 146 2 (part), 1975) 6-852 - Rear yard. There shall be a rear yard of at least 15 feet for any principal structure in the M-R-B district. There shall be a rear yard of at least three feet for any accessory structure. (Ord. 146 2 (part), 1975) 6-853 - Lot coverage. There shall be a maximum lot coverage of 25 percent in the M-R-B district. Lot coverage includes all buildings and structures, except that roof areas which are approved by the planning commission as recreation space shall have only one-half of their area considered as lot coverage. (Ord. 146 2 (part), 1975) 6-854 - Open space. In the M-R-B district, 50 percent of the lot shall not be occupied by buildings, structures or pavement for automobiles, but shall be maintained as open space, and devoted to landscaped or private open space uses. Open space includes landscaped space and private open space. (Ord. 146 2 (part), 1975) 6-855 - Landscaped space. In the M-R-B district, 30 percent of the lot shall be planted and maintained with growing plants. To qualify as landscaped space, an area must be a minimum of 15 feet wide. Landscaped space includes private open space if it is at least 15 feet wide. (Ord. 146 2 (part), 1975) 6-856 - Private open space. A private patio, balcony or other open area shall be provided each dwelling unit in the M-R-B district. This private open space shall be equal to or greater than ten percent of the floor area of each dwelling unit, and in no case shall be smaller than 100 square feet. The minimum width of this private open space shall be eight feet. (Ord. 146 2 (part), 1975)
6-857 - Parking. (a) In the M-R-B district, off-street parking shall be provided on the same lot, convenient to all dwelling units, in accordance with the following schedule: (1) (2) (3) One-bedroom units, 1.2 spaces per unit; Two-bedroom units, 1.5 spaces per unit; Three or more bedroom units, 2.0 spaces per unit.
(b) In addition, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per unit shall be covered. (Ord. 146 2 (part), 1975) 6-858 - Reserved. 6-859 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 146 2 (part), 1975) 6-860 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-844 and variance permits to modify the provisions of Sections 6-845 to 6-858, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 146 2 (part), 1975)
Article 4. - Multiple-family Residential/Professional Office District

6-861 - General. 6-862 - Purpose. 6-863 - Uses permitted. 6-864 - Uses requiring a permit. 6-865 - Lot area. 6-866 - Lot width. 6-867 - Lot depth. 6-868 - Height. 6-869 - Setback. 6-870 - Side yards. 6-871 - Rear yard. 6-872 - Floor area ratio. 6-873 - Open space. 6-874 - Landscaped space.
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-875 - Parking space. 6-876 - Reserved. 6-877 - Design review. 6-878 - Modifiable sections.
6-861 - General. All land in the multiple-family residential/professional office district (map symbol M-R-O) shall be used in accordance with the provisions of this article. (Ord. 139 2 (part), 1975) 6-862 - Purpose. The purpose of this article is to allow a mixture of professional offices and multiple-family residences, in locations where those uses are compatible, and where proximity to rapid transit facilities, freeway off-ramps and central commercial areas combine to create a need for both uses. The regulations in this article are intended to require carefully conceived plans, at a physical scale compatible with nearby residential areas; to preserve natural settings and a feeling of open space; to ensure attractive and compatible architectural treatment of structures; to achieve the optimum in quality development; and to provide for development which is consistent with the goals and policies and other provisions of the general plan. (Ord. 280 1, 1982: Ord. 139 2 (part), 1975) 6-863 - Uses permitted. The following uses are permitted in the M-R-O district: (a) (b) (c) (d) (e) (f) (g) Duplexes; Multiple-family buildings; Home occupations; Consultative service; Medical service; Limited child-care; A recreation court as required in section 6-572
(Ord. 541 2 (part), 2004; Ord. 280 2, 1982: Ord. 139 2 (part), 1975) 6-864 - Uses requiring a permit. In the M-R-O district, the following uses are permitted on the issuance of a use permit: (a) (b) Residential businesses; Day care and educational services;
(c) (d) (e)
Publicly owned buildings and structures, except as provided in Section 6-516 Community assembly and education; Eleemosynary and philanthropic institutions, convalescent homes, and boarding homes;
(f) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses. (g) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 280 3, 1982: Ord. 139 2 (part), 1975) 6-865 - Lot area. No new lots may be created in the M-R-O district smaller than 10,000 square feet in area. (Ord. 139 2 (part), 1975) 6-866 - Lot width. No new lots may be created in the M-R-O district with an average width of less than 80 feet. (Ord. 139 2 (part), 1975) 6-867 - Lot depth. No new lots may be created in the M-R-O district with a depth of less than 90 feet. (Ord. 139 2 (part), 1975) 6-868 - Height. The following height restrictions apply in the M-R-O district: (a) Office use only: no building may exceed two stories or 30 feet in height.
(b) Combined office/residential use (as defined in Section 6-872(b)), or residential-only use: no building may exceed three stories or 35 feet in height. (c) For a building in excess of 25 feet in height, the planning commission shall ensure that its height and proportions are compatible with other buildings in the vicinity, and that it is favorably located in relation to topographic conditions in a manner that visually attenuates its height. No part of the third-floor portion of a building shall be located within 50 feet of the right-of-way of Moraga Road or St. Mary's Road. (Ord. 280 4, 1982: Ord. 139 2 (part), 1975) 6-869 - Setback. There shall be a minimum setback (front yard) of at least 20 feet for any structure in the M-R-O district. On corner lots the principal frontage of the lot shall have a setback of at least 20 feet and the other setback shall be at least 15 feet.
(Ord. 280 5, 1982: Ord. 139 2 (part), 1975) 6-870 - Side yards. There shall be a minimum side yard of at least ten feet for any structure in the M-R-O district. This minimum may be reduced to three feet for an accessory structure if it is set back at least 50 feet from the front property line or any street line. (Ord. 280 6, 1982: Ord. 139 2 (part), 1975) 6-871 - Rear yard. There shall be a minimum rear yard of at least 15 feet for any principal structure in the M-R-O district. There shall be a rear yard of at least three feet for any accessory structure. (Ord. 280 7, 1982: Ord. 139 2 (part), 1975) 6-872 - Floor area ratio. The following floor area ratio restrictions apply in the M-R-O district: (a) Office Use. On any office site, the maximum floor area of all buildings shall be no greater than 0.30 times the area of the site. (b) Combined Office/Residential Use. On any combined-use site, where 50 percent or more of the floor area will be residential, the maximum floor area of all buildings shall be no greater than 0.50 times the area of the site. Where less than 50 percent of the floor area will be residential, the maximum floor area of all buildings shall be no greater than 0.30 times the area of the site. (c) Residential Use. On any residential site, the maximum floor area shall be no greater than that allowed if the parcel were in the M-R-A zoning district, except that it need not be less than 0.50 times the area of the site. (Ord. 280 8, 1982: Ord. 139 2 (part), 1975) 6-873 - Open space. A minimum of 30 percent of the ground level of a lot in the M-R-O district shall not be occupied by buildings, structures or pavement for automobiles, but shall be maintained as open space, and devoted to landscaping, recreational or private open space uses. Open space includes landscaped space. To be included in the calculation of open space, each area must have a minimum dimension of ten feet. (Ord. 280 9, 1982: Ord. 139 2 (part), 1975) 6-874 - Landscaped space. A minimum of 20 percent of the ground level of a lot in the M-R-O district shall be planted and maintained with growing plants. To qualify as landscaped space, an area must have a minimum dimension of ten feet. (Ord. 280 10, 1982: Ord. 139 2 (part), 1975)
6-875 - Parking space. (a) In the M-R-O district, off-street parking shall be provided on the same lot, convenient to all offices and dwelling units, in accordance with the following schedule: (1) (2) (3) (4) One-bedroom units, 1 space per unit; Two-bedroom units, 1.2 spaces per unit; Three or more bedroom units, 1.5 spaces per unit; Offices, as required under Chapter 6-6 of this title.
(b) In addition, for multifamily residential developments, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per dwelling unit shall be covered. (c) For combined office and residential developments the number of parking stalls specified above may be modified by the planning commission in consideration of the cumulative parking needs of all the uses on the subject property. (Ord. 280 11, 1982: Ord. 139 2 (part), 1975) 6-876 - Reserved. 6-877 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 139 2 (part), 1975) 6-878 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-864 and variance permits to modify the provisions of Sections 6-865 to 6-875, inclusive, may be granted in accordance with the applicable provisions of Part 1 of this title, except that no variance may be granted to Section 6-868(a), number of stories for office use. (Ord. 280 12, 1982: Ord. 139 2 (part), 1975)
Article 5. - Multiple-family Residential Townhouse District

6-881 - General. 6-882 - Purpose. 6-883 - Uses permitted. 6-884 - Uses requiring a permit. 6-885 - Density. 6-886 - Height. 6-887 - Property development standards. Lafayette, California, Code of Ordinances Page 123 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-888 - Open space. 6-889 - Design review. 6-890 - Parking. 6-891 - Site plan and building elevation approval. 6-892 - Modifiable sections.
6-881 - General. All land in the multiple-family residential townhouse district (map symbol M-R-T) shall be used in accordance with the provisions of this article. (Ord. 129 2 (part), 1974) 6-882 - Purpose. The purpose of this article is to provide a medium-density residential district for townhouse development, which will be consistent with and further the city's overall planning objective of the preservation and enhancement of its semirural residential character. The regulations in this article are intended to require carefully conceived plans at a physical scale compatible with nearby residential areas; to preserve natural settings and open space; to ensure attractive and compatible architectural treatment of structures; to achieve the optimum in quality development, preservation of the environment, enhancement of the tax base, and beneficial use of available land; and to provide for development which is consistent with the goals and policies and other provisions of the general plan. (Ord. 314 1 (part), 1984: Ord. 129 2 (part), 1974) 6-883 - Uses permitted. The following uses are permitted in the M-R-T district: (a) Townhouses;
(b) Foster homes or family care homes operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (c) Residential care homes for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (d) Home occupations.
(Ord. 129 2 (part), 1974) 6-884 - Uses requiring a permit. In the M-R-T district, the following uses are permitted on the issuance of a land use permit: (a) (b) (c) Residential businesses; Eleemosynary and philanthropic institutions, convalescent homes and boarding homes; Uses which the planning commission has found, after notice and hearing, to be comparable
to the above uses; (d) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 129 2 (part), 1974) 6-885 - Density. The maximum number of dwelling units permitted on any lot in the M-R-T district shall conform to the general plan density range for that area. (Ord. 314 1 (part), 1984: Ord. 129 2 (part), 1974) 6-886 - Height. No building in the M-R-T district may exceed 25 feet in height. (Ord. 129 2 (part), 1974) 6-887 - Property development standards. There are no minimum standards for lot area, setback, side and rear yard, and lot coverage in the M-R-T district. This is intended to allow flexibility in design. During the review process, the planning commission may impose such conditions as it deems necessary to assure in any development proposal provision of adequate privacy, general appearance and relationship to the natural and manmade elements of the environment. (Ord. 314 1 (part), 1984: Ord. 129 2 (part), 1974) 6-888 - Open space. A minimum of 50 percent of the ground level of a lot in the M-R-T district shall not be occupied by buildings, structures or pavement for automobiles, but shall be maintained as open space and devoted to landscaping. Open space includes landscaped open space and ground-level private open space. (Ord. 314 1 (part), 1984: Ord. 129 2 (part), 1974) 6-889 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 314 1 (part), 1984: Ord. 129 2 (part), 1974) 6-890 - Parking. (a) In the M-R-T district off-street parking shall be provided on the same lot, convenient to all dwelling units, in accordance with the following schedule: (1) (2) One-bedroom units, 1.5 spaces per unit; Two or more bedroom units, 2.0 spaces per unit.
(b) In addition, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per unit shall be covered. (c) The provisions of Chapter 6-6 of this title apply to the M-R-T district.
(Ord. 314 1 (part), 1984: Ord. 129 2 (part), 1974) 6-891 - Site plan and building elevation approval. (a) In the M-R-T district no building shall be constructed or altered or painted a new color in such a manner as to affect exterior appearance, unless plans for such proposal have been approved pursuant to the site plan and building elevations requirements set forth in Part 1 of this title. (b) Design review of townhouses shall include special emphasis to ensure that building styles and forms, clustering arrangements, heights, materials, colors, street alignments, grading approaches and introduced plantings are designed in a manner which is harmonious and consistent with nearby residential units and which minimizes visual impact from public property. (Ord. 314 1 (part), 1984) 6-892 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-834 and variance permits to modify the provisions of Sections 6-886, 6-888, 6-889 and 6-890 may be granted in accordance with the applicable provisions of Chapter 6-2 of this title. (Ord. 314 1 (part), 1984)
Article 6. - Multiple-family Residential/Professional Office, One-story District

6-8101 - General. 6-8102 - Purpose. 6-8103 - Uses permitted. 6-8104 - Uses requiring a permit. 6-8105 - Lot area. 6-8106 - Lot width. 6-8107 - Lot depth. 6-8108 - Height. 6-8109 - Property development standards. 6-8110 - Parking space. 6-8111 - Reserved. 6-8112 - Design review. 6-8113 - Modifiable sections.
6-8101 - General. All land in the multiple-family residential/professional office, one-story district (map symbol M-R-P) shall be used in accordance with the provisions of this article.
(Ord. 158 1 (part), 1976) 6-8102 - Purpose. The purpose of this article is to allow a mixture of one-story professional offices and multiple-family residences, in locations that are immediately adjacent both to low-density residential areas and to major streets. The regulations in this article are intended to require carefully conceived plans, at a physical scale compatible with nearby low-density residential areas; to preserve natural settings and a feeling of open space; to ensure attractive and compatible architectural treatment of structures; to achieve the optimum in quality development; and to provide for development which is consistent with the goals and policies and other provisions of the general plan. (Ord. 158 1 (part), 1976) 6-8103 - Uses permitted. The following uses are permitted in the M-R-P district: (a) (b) (c) Duplexes; Multiple-family buildings; Home occupations;
(d) Professional offices and laboratories, such as medical and dental offices and clinics, or offices for attorneys, architects, engineers and individual and family counselors (not including group counseling), such as psychiatrists, sociologists and psychologists; (e) Other uses determined by the planning director to be compatible with the purpose of the district, such as research uses, small real estate offices, insurance offices, offices of product manufacturers' or distributors' representatives, and similar small general business offices, but not including general retail sales of products or services such as clothing stores, furniture stores, beauty and barber shops, restaurants, food stores, automobile service stations and similar uses. (Before permitting a use not otherwise specifically permitted, the planning director shall find that the proposed use will not create additional pedestrian or vehicle traffic sufficient to substantially alter the character of residential development near land in the district, and shall find that the proposed use will not result in any audibly or visually obtrusive effect on residential development near land in the district.) (Ord. 158 1 (part), 1976) 6-8104 - Uses requiring a permit. In the M-R-P district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) (d) Residential businesses; Nursery schools; Publicly owned buildings and structures, except as provided in Section 6-516 Community buildings, clubs and activities of a quasi-public, social or fraternal character;
(e)
Eleemosynary and philanthropic institutions, convalescent homes, and boarding homes;
(f) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses; (g) A recreation court as required in Section 6-572
(Ord. 541 2 (part), 2004; Ord. 158 1 (part), 1976) 6-8105 - Lot area. No new lot may be created in the M-R-P district smaller than 10,000 square feet in area. (Ord. 158 1 (part), 1976) 6-8106 - Lot width. No new lot may be created in the M-R-P district with an average width of less than 80 feet. (Ord. 158 1 (part), 1976) 6-8107 - Lot depth. No new lot may be created in the M-R-P district with a depth of less than 90 feet. (Ord. 158 1 (part), 1976) 6-8108 - Height. No building in the M-R-P district may exceed 20 feet or one story in height. (Ord. 158 1 (part), 1976) 6-8109 - Property development standards. There are no minimum standards for setback, side and rear yard, lot coverage and landscaping. The lack of such requirements is intended to stimulate quality design by allowing designers a considerable range of flexibility. During the review process, however, the planning commission may impose such conditions as it deems necessary to assure, in any development proposal, provision of adequate privacy, open space, general appearance, landscaping, parking, circulation, and relationship to natural and manmade elements of the environment. (Ord. 158 1 (part), 1976) 6-8110 - Parking space. (a) Off-street parking shall be provided on the same lot, convenient to all offices and dwelling units, in accordance with the following schedule: (1) (2) (3) One-bedroom units, 1.0 space per unit; Two-bedroom units, 1.2 spaces per unit; Three or more bedroom units, 1.5 spaces per unit;
(4)
Offices, 1 space per 200 net rentable square feet of office space.
(b) In addition, for multifamily residential developments, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per dwelling unit shall be covered. (Ord. 158 1 (part), 1976) 6-8111 - Reserved. 6-8112 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 158 1 (part), 1976) 6-8113 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-8104 and variance permits to modify the provisions of Sections 6-8105 to 6-8111, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 158 1 (part), 1976)
Chapter 6-9 - BUSINESS AND COMMERCIAL DISTRICTS

Sections:
Article 1. - Retail Business District Article 2. - General Commercial District Article 3. - Forestry Recreation District Article 4. - Special Retail Business District Article 5. - General Commercial District 1
Article 1. - Retail Business District

6-901 - General. 6-902 - Purpose. 6-903 - Specific plans. 6-904 - Uses permitted. 6-905 - Uses requiring a permit. 6-906 - Restrictions on ground-level uses. 6-907 - Use permit criteria for ground-level uses. 6-908 - Lot area. 6-909 - Height. Lafayette, California, Code of Ordinances Page 129 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-910 - Open space. 6-911 - Landscaping. 6-912 - Minimum setbacks or yards. 6-913 - Off-street parking and loading. 6-914 - Design review. 6-915 - Modifiable sections.
6-901 - General. All land in the retail business district (map symbol RB) shall be used in accordance with the provisions of this article. (Ord. 221 1 (part), 1980) 6-902 - Purpose. The purpose of the regulations for the RB district is to create, preserve and enhance areas with a selective range of retail and personal service establishments in attractive, compact locations oriented toward pedestrian comparison shopping and to complement the special shopping district at the core of the retail district. (Ord. 221 1 (part), 1980) 6-903 - Specific plans. The use, design and other features of the RB district regulations may be overridden by regulations contained in specific plans adopted for any portion of said district. (Ord. 221 1 (part), 1980) 6-904 - Uses permitted. Except as is otherwise provided in Section 6-906, the following uses may be conducted as a matter of right in the RB district, without the need for a land use permit. However, a land use permit (under Sections 6-215 and 6-531) is required if the proposed use will result from the conversion of a residential use of the property. (a) (b) (c) (d) (e) (f) (g) (h) Administrative; Administrative civic; Home/business furnishings where the total floor area is less than 2,000 square feet in size; Consultative service; Fast-food restaurant without drive-thru, drive-up or pass-thru window services; Full-service restaurant, including those with outside dining and service; General food sales, where the total floor area is less than 2,000 square feet in size; General personal service;
(i)
General retail sales;
(j) Business and communication service, where the total floor area is less than 2,000 square feet in size; (k) Limited child-care.
(Ord. 359 3(A), 1987: Ord. 357 1, 1987: Ord. 221 1 (part), 1980) 6-905 - Uses requiring a permit. In the RB district the following uses are permitted after the issuance of a land use permit: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Commercial automotive fee parking; Commercial recreation; Day-care and educational services; Fast-food restaurant with drive-thru, drive-up or pass-thru window service; Financial service; General food sales, where the total floor area is or exceeds 2,000 square feet in size; Real estate sales; Residential dwelling units; Self-service laundry or retail dry cleaners which complies with Section 6-532 Utility distribution and civic service;
(k) Retail business utilizing access to or from a public street having a right-of-way of 55 feet or less, which forms the common boundary between a district of any residential classification and the RB district. The application for land use permit shall be determined by the effects of traffic upon such a street occasioned by the use within the RB district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic and other considerations found pertinent to the particular area concerned; (l) Business and communication service, where the total floor area of the building is or exceeds 2,000 square feet in size; (m) Home/business furnishings, where the total floor area of the building is or exceeds 2,000 square feet in size; (n) (o) Sales representatives and goods brokers; Firearm sales.
(Ord. 433 5, 1994: Ord. 359 3(B), 1987: Ord. 357 2, 1987: Ord. 221 1 (part), 1980)
6-906 - Restrictions on ground-level uses. (a) Notwithstanding the provisions of Section 6-904, no new or expanded administrative nor consultative service activity may be located on the ground level of any building, except upon the granting of a land use permit pursuant to Section 6-215 and 6-907 (b) No new or expanded financial service nor real estate service activity may be located on the ground level of any building, unless the approving authority determines that the proposed use will comply with the provisions of Sections 6-215 and 6-907 (Ord. 359 3(C), 1987: Ord. 221 1 (part), 1980) 6-907 - Use permit criteria for ground-level uses. A land use permit for any use enumerated in Section 6-906 may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in Section 6-215 and to the following additional criteria: (a) (b) That the proposal will not detract from the compact, integrated character of the area; That the proposal will not impair a generally continuous wall of building facades;
(c) That the proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not break up an important shopping frontage; (d) That the proposal will not interfere with the movement of people along an important pedestrian walkway; (e) That the proposal will conform in all significant respects with any applicable specific plan which has been adopted by the city council. (Ord. 221 1 (part), 1980) 6-908 - Lot area. No new lots may be created in the RB district smaller than 5,000 square feet in size. (Ord. 221 1 (part), 1980) 6-909 - Height. No building in the RB district may exceed 35 feet in height. (Ord. 221 1 (part), 1980) 6-910 - Open space. (a) A minimum of 20 percent of the area of any lot in the RB district shall be retained as permanent open space. The open space shall be open and unobstructed to the sky and shall be provided in a continuous undivided design with a minimum dimension of ten feet at any place. All open space shall be provided completely exterior to any building and shall be located and planned in a manner to promote the accumulation and combination of such spaces into larger common-use plazas, pedestrian corridors or landscape areas.
(b) Open space created as a result of combination with contiguous open space on other properties may be approved when the combined open space is not less than 15 percent of the total area of the properties involved. (c) The open space shall not be used as outside merchandizing, parking, loading or service area.
(d) The design and use of such open space shall be determined by the regulations of an adopted specific plan or through the land use permit or site plan and building elevation review procedures. (Ord. 359 3(D), 1987: Ord. 221 1 (part), 1980) 6-911 - Landscaping. Landscaping shall be provided in the RB district in the amount and manner as prescribed in the adopted specific plan or through the land use permit or site plan and building elevations review procedures. (Ord. 221 1 (part), 1980) 6-912 - Minimum setbacks or yards. (a) No setbacks or yards are required in the RB district, except as indicated in subsection (b) of this section. (b) If the site is adjacent to residentially zoned property, or property not zoned residential but with an existing residential structure or structures of four or more units, there shall be a ten-foot-wide landscaped yard along that entire property line. (Ord. 221 1 (part), 1980) 6-913 - Off-street parking and loading. (a) Parking and loading spaces shall be provided in the RB district as required by Chapter 6-6 of this title. (b) Parking lots, as much as feasible, shall be designed and located in a manner to promote the accumulation, combination, interconnection and mutual use with other existing or planned parking lots on contiguous or nearby properties. (c) Contiguous, connected by driveway parking lots of ten stalls or more, designed to be used mutually by two or more of the following uses: general retail sales, general personal service, and full-service restaurant, may provide 15 percent fewer parking stalls than required by Chapter 6-6, provided that no more than one of the uses served is a full-service restaurant. (d) Notwithstanding the lack of a required setback or yard, the edge of pavement at the head of a parking stall shall be no closer than five feet from any property line. (Ord. 359 3(E), 1987: Ord. 221 1 (part), 1980) 6-914 - Design review. No building, sign or other facility shall be constructed or established, or altered or painted a new color in such a manner as to affect exterior appearance, unless plans for such proposal shall have been
approved pursuant to the design review requirements set forth in Part 1 of this title. (Ord. 324 2(e) (part), 1984: Ord. 221 1 (part), 1980) 6-915 - Modifiable sections. Land use permits for the special uses enumerated in Sections 6-905 and 6-906, and variance permits to modify the provisions of Sections 6-908 through 6-913, inclusive, may be granted in accordance with the applicable provisions of Part 1 of this title. (Ord. 221 1 (part), 1980)
Article 2. - General Commercial District

6-921 - General. 6-922 - Purpose. 6-923 - Uses permitted. 6-924 - Uses requiring a use permit. 6-925 - Lot area. 6-926 - Lot width. 6-927 - Lot depth. 6-928 - Height. 6-929 - Side yards for three-story buildings. 6-930 - Setback. 6-931 - Minimum side and rear yards. 6-932 - Off-street parking and loading. 6-933 - Repealed by Ordinance 359. 6-934 - Design review. 6-935 - Modifiable sections.
6-921 - General. All land in the general commercial district (map symbol C) shall be used in accordance with the provisions of this article. (Ord. 245 3 (part), 1981) 6-922 - Purpose. (a) The purpose of this article is to provide for, enhance the opportunities for, and protect existing establishments offering a variety of supplies or service which are essential to the economy of Lafayette but which are frequently incompatible with the operations of a retail shopping area because of their need for a large site, access by delivery and customer vehicles, open display or storage yards, and their propensity to produce limited but tolerable external impacts. Such uses ordinarily do not seek locations in shopping areas and therefore must be provided for at independent locations along a major thoroughfare, away from the retail core area. (b) The number of uses allowed in the C district has been limited in favor of the existing uses and to provide a favorable climate for administrative and consultative activities.
(c) This article is to provide for the implementation of the general plan, which encourages the separation of uses permitted in the retail core area and those permitted elsewhere in the business districts. (Ord. 245 3 (part), 1981) 6-923 - Uses permitted. The following uses may be conducted as a matter of right in the C district without the need for a land use permit. However, a land use permit (under Sections 6-215 and 6-531) is required if the proposed use will result in the conversion of a residential use of the property. (a) (b) (c) (d) (e) Administrative; Administrative civic; Business and communication service; Consultative service; Full-service restaurant;
(f) General commercial sales and service, where the total floor area of a building or yard area, not including areas used for parking or landscaping (whenever the primary activity is not conducted within a building), or the combination thereof, is less than 7,500 square feet in size; (g) (h) (i) (j) (k) (l) General personal service; Limited child-care; Real estate service; Self-service laundry or retail dry cleaners which complies with Section 6-532 Fast-food restaurant without drive-thru, drive-up or pass-thru window service; Sales representatives and goods brokers.
(Ord. 359 4(A), 1987: Ord. 245 3 (part), 1981) 6-924 - Uses requiring a use permit. In the C district the following uses are permitted subject to the issuance of a land use permit: (a) (b) (c) (d) (e) Automotive servicing; Commercial automotive fee parking; Commercial laundry or dry cleaning; Commercial recreation; Community assembly and education;
(f) (g) (h) (i) (j)
Construction sales and service; Convenience market; Day-care and educational services; Fast-food restaurant with drive-thru, drive-up or pass-thru window service; Financial service;
(k) General commercial sales and service, where the total floor area of a building or yard area, not including areas used for parking or landscaping (whenever the primary activity is not conducted within a building), or the combination thereof, is 7,500 square feet or more; (l) Health care;
(m) Light manufacturing and research; (n) (o) (p) (q) (r) (s) Medical service, where the cumulative gross floor area is 3,000 square feet or less; Residential dwelling units; Hotels and motels; Undertaking service; Utility distribution and civic service; Firearm sales;
(t) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses or which are determined to be compatible with the uses and purpose of the C-1 district. The concept of consolidation of several retail core area uses into a single complex (department store) which subverts the purpose of separation and distinction between the retail business district and/or the special retail business district and the C district is not permitted. (Ord. 433 6, 1994: Ord. 359 4(B), 1987: Ord. 245 3 (part), 1981) 6-925 - Lot area. No new lots may be created in the C district smaller than 7,500 square feet in size. (Ord. 245 3 (part), 1981) 6-926 - Lot width. No new lots may be created in the C district with an average width of less than 55 feet. (Ord. 245 3 (part), 1981) 6-927 - Lot depth. No new lots may be created with a depth of less than 75 feet.
(Ord. 245 3 (part), 1981) 6-928 - Height. No buildings or other structures permitted in the C district shall exceed 35 feet in height. (Ord. 296 1 (part), 1983: Ord. 245 1 (part), 1980) 6-929 - Side yards for three-story buildings. All portions of a three-story building in the C district shall be set back from the side property lines at least 20 feet. This setback may be reduced through the site plan and building elevation review process as determined by the degree to which the following criteria are met: (a) The presentation of building mass and height is visually attenuated by a deep, spacious setback from the street and variation of architectural form. (b) The articulation of the project with existing and proposed development of adjacent properties is addressed with a well-planned relationship of buildings and structures and coordinated open space and landscaping. (c) The project buildings or structures are favorably located in relation to topographic conditions.
(d) The property has such a narrow width that the application of the full 20-foot sideyard setbacks would critically reduce its practical usability. (Ord. 296 1 (part), 1983: Ord. 245 1 (part), 1980) 6-930 - Setback. There shall be a landscaped setback of at least ten feet from any street line for any structure in the C district. No parking shall be allowed in the required setback. (Ord. 296 1 (part), 1983: Ord. 245 1 (part), 1980) 6-931 - Minimum side and rear yards. Where the site is adjacent to residentially zoned property, or to a single parcel not zoned residential but containing four or more dwelling units, there shall be a 10-foot landscaped setback along that entire property line. Side yard setbacks for three-story buildings shall be regulated by Section 6-929. (Ord. 296 1 (part), 1983: Ord. 245 1 (part), 1980) 6-932 - Off-street parking and loading. (a) Off-street parking and loading facilities for the uses in the C district shall be provided in accordance with Chapter 6-6 of this title, except that the required number of off-street parking spaces for residential units is as follows: (1) (2) One-bedroom units, 1.0 spaces per unit; Two-bedroom units, 1.2 spaces per unit;
(3)
Units with three or more bedrooms, 1.5 spaces per unit.
(b) In addition, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per unit shall be covered. (Ord. 296 1 (part), 1983: Ord. 245 1 (part), 1980) 6-933 - Repealed by Ordinance 359. 6-934 - Design review. No building, sign or other facility shall be constructed or established, or altered or painted a new color in such a manner as to affect exterior appearance, unless plans for such proposal have been approved pursuant to the design review requirements set forth in Part 1 of this title. (Ord. 324 2(e) (part), 1984: Ord. 245 1 (part), 1980) 6-935 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-924 and variance permits to modify the provisions of Sections 6-925 to 6-932, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 245 3 (part), 1981)
Article 3. - Forestry Recreation District

6-941 - General. 6-942 - Uses permitted. 6-943 - Uses requiring a permit. 6-944 - Lot area. 6-945 - Lot width. 6-946 - Height. 6-947 - Side yards. 6-948 - Setback. 6-949 - Rear yard. 6-950 - Parking restrictions. 6-951 - Modifiable sections.
6-941 - General. All land in the forestry recreation district (map symbol F-R) shall be used in accordance with the provisions of this article. (Ord. 63 12 (part), 1972) 6-942 - Uses permitted. In the F-R district all uses require a land use permit.
(Ord. 63 12 (part), 1972) 6-943 - Uses requiring a permit. In the F-R district the following uses are permitted on the issuance of a land use permit: (a) Resort hotels, organized recreation camps, seasonal clubs and camps, golf courses and other recreational uses; (b) Gift shops and tea rooms;
(c) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses. (Ord. 63 12 (part), 1972) 6-944 - Lot area. No building or other structure permitted in the F-R district shall be erected or placed on a lot smaller than one-half acre in area. (Ord. 63 12 (part), 1972) 6-945 - Lot width. No building or other structure permitted in the F-R district shall be erected or placed on a lot less than 80 feet in average width. (Ord. 63 12 (part), 1972) 6-946 - Height. No building or other structure in the F-R district shall exceed four stories or 50 feet in height. (Ord. 63 12 (part), 1972) 6-947 - Side yards. There shall be an aggregate side yard width of at least 35 feet for any structure in the F-R district. No side yard shall be less than 15 feet wide. (Ord. 63 12 (part), 1972) 6-948 - Setback. There shall be a setback (front yard) of at least 25 feet for any structure in the F-R district; on corner lots there shall be a setback of at least 25 feet from each street. (Ord. 63 12 (part), 1972) 6-949 - Rear yard. There shall be a rear yard for any structure in the F-R district of at least 15 feet.
(Ord. 63 12 (part), 1972) 6-950 - Parking restrictions. The provisions of Section 8125 of the Contra Costa County Ordinance Code apply to the F-R district. (Ord. 63 12 (part), 1972) 6-951 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-943 and variance permits to modify the provisions of Section 6-944 to 6-950, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 63 12 (part), 1972)
Article 4. - Special Retail Business District

6-961 - General. 6-962 - Purpose. 6-963 - Specific plans. 6-964 - Uses permitted. 6-965 - Uses requiring a permit. 6-966 - Restrictions on ground-level and automobile traffic oriented uses. 6-967 - Lot area. 6-968 - Height. 6-969 - Open space. 6-970 - Landscaping. 6-971 - Setbacks or yards. 6-972 - Off-street parking and loading. 6-973 - Design review. 6-974 - Modifiable sections.
6-961 - General. All land in the special retail business district (map symbol SRB) shall be used in accordance with the provisions of this article. (Ord. 221 2 (part), 1980) 6-962 - Purpose. The purpose for the regulations of the SRB district is to enhance and stabilize the retail sales activities within the central area of the city, and to foster development of an especially attractive, high-quality retail shopping area, emphasizing pedestrian convenience and deemphasizing vehicular oriented or other uses which would tend to detract from an overall atmosphere of convenience, comfort and safety for the pedestrian retail shopper. The intent of the SRB district is that uses which are not compatible with the objectives of this zone be eventually eliminated. The district envisions a physical closeness of different uses and encourages the mixing of uses within buildings including residential uses. It is the
objective of this article to create a more concentrated, easily accessible retail shopping and personal service central area for the benefit of business and consumer alike. (Ord. 221 2 (part), 1980) 6-963 - Specific plans. (a) The use, design and other features of the SRB regulations may be overridden by regulations contained in the adopted specific plans for portions of the district. (b) References in this article to the BART Block refer to the geographical area described in the BART Block specific plan. (Ord 349 1, 1986: Ord. 221 2 (part), 1980) 6-964 - Uses permitted. Except as is otherwise provided in Section 6-966, the following uses may be conducted as a matter of right in the SRB district, without the need for a land use permit. However, a land use permit (under Sections 6-215 and 6-531) is required if the proposed use will result from the conversion of a residential use of the property. (a) Administrative civic;
(b) Business and communication services where the total floor area is less than 2,000 square feet in size; (c) (d) (e) (f) (g) (h) (i) Full-service restaurant, including those with outside dining and service; General personal service; General retail sales; Limited child-care; General food sales, where the total floor area is less than 2,000 square feet in size; Fast-food restaurant without drive-thru, drive-up or pass-thru window services; Home/business furnishings, where the total floor area is less than 2,000 square feet in size.
(Ord. 359 5(A), 1987: Ord. 357 3, 1987: Ord. 349 2, 1986: Ord. 221 2 (part), 1980) 6-965 - Uses requiring a permit. In the SRB district, the following uses are permitted after the issuance of a land use permit: (a) (b) (c) (d) Administrative; Commercial automotive fee parking; Commercial recreation; Consultative service;
(e) (f) (g) (h) (i)
Fast-food restaurant with pass-thru pedestrian service window; Financial service; General food sales, where the total floor area is or exceeds 2,000 square feet in area; Residential dwelling units; Utility distribution and civic service;
(j) Retail businesses utilizing access to or from a public street having a right-of-way of 55 feet or less, which forms the common boundary between a district of any residential classification and the SRB district. The application for land use permit shall be determined by the effects of traffic upon such a street occasioned by the use within the SRB district, the characteristics of the adjacent areas, traffic problems, pedestrian traffic and other considerations found pertinent to the particular area concerned; (k) Business and communication services where the total floor area is or exceeds 2,000 square feet in size; (l) Home/business furnishings, where the total floor area is or exceeds 2,000 square feet in size;
(m) Sales representatives and goods brokers; (n) (o) Self-service laundry or retail dry cleaners which complies with Section 6-532 Firearm sales.
(Ord. 433 7, 1994: Ord. 359 5(B), 1987: Ord. 357 4, 1987: Ord. 221 2 (part), 1980) 6-966 - Restrictions on ground-level and automobile traffic oriented uses. (a) No new or expanded administrative, consultative or financial service activity shall be located on the ground level of any building in the SRB district except as provided in subsections (c) or (d) of this section. An incidental pedestrian entrance which leads to such an activity on an upper floor in the building is permitted. (b) No new or expanded uses or facilities within the SRB district shall be organized or designed in such a manner as to require, encourage, promote or otherwise foster the use of interior-block driveways or vehicular access facilities designed to provide services directly or indirectly to an automobile, including, but not limited to, drive-thru service windows. This provision shall not apply to commercial automotive fee parking activities. (c) An administrative, consultative or financial service may be located on the ground level of a building (1) if the building is located north of South Thompson Road and Terrace Way and west of Oak Hill Road and (2) upon the granting of a land use permit under Section 6-215 and this section if the use permit is granted before April 13, 1999. A land use permit for an administrative, consultative or financial service under this subsection may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in Section 6-215 and to the following additional criteria: (1) (2) The proposal will not detract from the compact, integrated character of the area; The proposal will not impair a generally continuous wall of building facades;
(3) The proposal will not weaken the concentration and continuity of retail facilities at ground level, and will not break up an important shopping frontage; (4) The proposal will not interfere with the movement of people along an important pedestrian walkway; (5) The proposal will conform in all significant respects with any applicable specific plan which has been adopted by the city council and with Section 6-962 of this chapter; and (6) The proposal does not displace an existing residential use.
(d) In the BART Block (not located in the area covered by subsection (c) of this section), a land use permit may be granted by the city council, after review by the planning commission, to allow administrative, consultative or financial service to be located on the ground level only upon the determination that the general use permit criteria set forth in Section 6-215, criteria (1) through (6) of subsection (c) of this section and the following criteria are met: (1) The area of ground floor use involved is minor and is of little consequence to the maintenance or creation of the retail ambience in the area; (2) The location is not suitable for residential use;
(3) The proposed use is located in the interior of the block but not within 100 feet of the street lines of Mt. Diablo Boulevard, Happy Valley Road or Oak Hill Road, and is not located along the creek corridor; (4) The ground floor facilities are, or will be, designed in a manner to be readily converted to and usable for retail type activities; and (5) The proposed use is one which serves, and is compatible with the needs of, shoppers and merchants, and promotes pedestrian activity. (Ord. 429 1, 1994; Ord. 349 3, 1986: Ord. 323 12, 1984; Ord. 221 2 (part), 1980) 6-967 - Lot area. No new lots may be created in the SRB district smaller than 5,000 square feet in size. (Ord. 221 2 (part), 1980) 6-968 - Height. (a) Except as permitted in subsection (b), no building in the SRB district may exceed 35 feet in height unless otherwise indicated in this section. (b) The following regulations apply to the height of structures in the BART Block only: (1) No portion of a building located within 25 feet of Mt. Diablo Boulevard may exceed two stories or 35 feet in height. (2) In the remaining area of the BART Block (not within 25 feet of Mt. Diablo Boulevard), no building may exceed 35 feet in height. However, the planning commission may recommend and the council may grant an exception to permit additional building height not to exceed three stories
total building height, if it finds that: (A) The increased height will not cast shadows or alter air currents in a manner which unreasonably limits the light and air reaching other buildings, places or pedestrian corridors; (B) The increased height will not adversely affect and will result in increased sensitivity to the visual and physical characteristics of the particular location through harmonious relationships to the terrain and to proposed and existing buildings in the vicinity; (C) The increased height will not adversely affect the semirural character of the city; (D) The increased height will not adversely affect the view of the hills or other views as discussed in the BART Block specific plan; (E) The orientation and location of the proposed structure will not diminish the health and safety of persons using the BART Block area; and (F) The overall project design meets the intent and purpose of the BART Block specific plan. In a building which exceeds 35 feet in height the square footage of the third floor will be determined by the degree to which the city council finds that: the increased height will result in more open space than is otherwise required; and the open space is added in a manner which enhances important plaza or pedestrian mall space rather than in less significant places; and the developer will provide amenities (other than those specified in any applicable specific plans) which provide unique advantages to the general public, such as additional on-site pedestrian malls, arcades, decks, bridges or similar features. (Ord. 349 4, 1986: Ord. 221 2 (part), 1980) 6-969 - Open space. (a) A minimum of 20 percent of the area of any lot in the SRB district shall be retained as permanent open space. The open space shall be open and unobstructed to the sky and shall be provided in a continuous undivided design with a minimum dimension of ten feet at any place. All open space shall be provided completely exterior to any building and shall be located and planned in a manner to promote the accumulation and combination of such spaces into larger common-use plazas, pedestrian corridors, or landscape area. For residential uses the minimum 20 percent and ten-foot dimensional requirement for open space may be modified by provision of private open space or exterior recreational space as determined by the design review process. (b) Open space created as a result of combination with contiguous open space on other properties may be approved when the combined open space is not less than 15 percent of the total area of the properties involved. (c) The open space shall not be used as parking, loading or service area.
(d) The design and use of such open space shall be determined by the regulations of an adopted specific plan or through the land use permit or site plan and building elevation review procedures. (Ord. 349 5, 1986: Ord. 221 2 (part), 1980)
6-970 - Landscaping. In the SRB district, landscaping shall be provided in the amount and manner as prescribed in the adopted specific plan or through the land use permit or site plan and building elevation review procedures. (Ord. 221 2 (part), 1980) 6-971 - Setbacks or yards. (a) No setbacks or yards are required in the SRB district except along creeks as specified in the BART Block specific plan, or as indicated in subsection (b). (b) If the site is for residential use or is adjacent to residentially zoned property or property with an existing residential structure of four or more units, there shall be a ten-foot landscaped yard along that entire property line. (c) Along Mt. Diablo Boulevard in the BART Block, a building constructed after the effective date of the ordinance from which this section derives may not be set back more than six feet from the property line for the purpose of providing off-street parking. Pedestrian amenities such as a plaza, recessed portion of a building arcade, outdoor cafe area or a wider sidewalk are encouraged. (d) Visual and pedestrian penetration from the street to the interior of the block is encouraged.
(Ord. 349 6, 1986: Ord. 221 2 (part), 1980) 6-972 - Off-street parking and loading. (a) Parking and loading spaces shall be provided as required by Chapter 6-6 of this title.
(b) Parking lots, as much as is feasible, shall be designed and located in a manner to promote the accumulation, combination, interconnection and mutual use with other existing or planned parking lots on contiguous or nearby properties. (c) Contiguous, connected by driveway parking lots of ten stalls or more, designed to be used mutually by two or more of the following uses: general retail sales, general personal service full-service restaurant and general food sales where the total floor area is less than 2,000 square feet; may provide 15 percent fewer parking stalls than required by Chapter 6-6, provided that no more than one of the uses served is a full-service restaurant. (d) Notwithstanding the lack of a required setback or yard, the edge of pavement at the head of a parking stall shall be no closer than five feet from any property line. (Ord. 359 5(C), 1987: Ord. 221 2 (part), 1980) 6-973 - Design review. No building, sign or other facility shall be constructed or established, or altered or painted a new color in such a manner as to affect exterior appearance, unless plans for such proposal have been approved pursuant to the design review requirements set forth in Part 1 of this title. (Ord. 324 2(e) (part), 1984: Ord. 221 2 (part), 1980)
6-974 - Modifiable sections. A land use permit for a special use enumerated in Sections 6-965 and 6-966 and a variance permit to modify the provisions of Sections 6-967 through 6-972, inclusive, may be granted under the applicable provisions of Part 1 of this title, except that no variance to Sections 6-968 through 6-971 may be granted for properties within the area of the BART Block specific plan. (Ord. 349 7, 1986: Ord. 221 2 (part), 1980)
Article 5. - General Commercial District 1

6-981 - General. 6-982 - Purpose. 6-983 - Uses permitted. 6-984 - Uses requiring a permit. 6-985 - Lot area. 6-986 - Lot width. 6-987 - Lot depth. 6-988 - Height. 6-989 - Third story for residential use. 6-990 - Setback. 6-991 - Minimum side and rear yards. 6-992 - Off-street parking and loading. 6-993 - Repealed by Ordinance 359. 6-994 - Access from residential street. 6-995 - Design review. 6-996 - Modifiable sections. 6-997 - Special use provisions.
6-981 - General. All land in the general commercial district 1 (map symbol C-1) shall be used in accordance with the provisions of this article. (Ord. 245 4 (part), 1981) 6-982 - Purpose. (a) The purpose of this article is to provide for, and enhance the opportunities for, and protect existing establishments offering a variety of supplies or services which are essential to the economy of Lafayette but which are frequently incompatible with the operations of a retail shopping area because of their need for a large site, access by delivery and customer vehicles, open display or storage yards, and propensity to produce limited but tolerable external impacts. Such uses ordinarily do not seek locations in shopping areas and therefore must be provided for at independent locations along a major thoroughfare, away from the retail core area. (b) This article is to provide for the implementation of the general plan which encourages the separation of uses permitted in the retail core area and those permitted elsewhere in the business districts.
(Ord. 245 4 (part), 1981) 6-983 - Uses permitted. The following uses may be conducted as a matter of right in the C-1 district, without the need for a land use permit. However, a land use permit (under Sections 6-215 and 6-531) is required if the proposed use will result from the conversion of a residential use of the property. (a) (b) Animal care, commercial; Business and communication service;
(c) General commercial sales and service where the total floor area of a building or yard area, not including areas used for parking or landscaping (whenever the primary activity is not conducted within a building), or the combination thereof, is less than 7,500 square feet in size; (d) (e) (f) (g) (h) (i) (j) General personal service; Limited child care; Self-service laundry and retail dry cleaners which comply with Section 6-532 Fast-food restaurant without drive-thru, drive-up and pass-thru window service; Home/business furnishings; General retail sales, only in the Brown Avenue area, shown on Figure 6-983 Medical services, only in the Golden Gate Way area, shown on said Figure 6-983
(Ord. 359 6(A), 1987: Ord. 245 4 (part), 1981) 6-984 - Uses requiring a permit. The following uses are permitted in the C-1 district on the issuance of a land use permit: (a) (b) (c) (d) (e) (f) (g) (h) (i) Administrative civic; Automotive sales, rental and delivery; Automotive servicing; Auto repair and cleaning; Commercial automotive fee parking; Commercial laundry or dry cleaning; Commercial recreation; Community assembly and education activity; Construction sales and service;
(j) (k) (l)
Convenience market; Day-care and educational service; Fast-food restaurant with drive-thru, drive-up or pass-thru window service;
(m) Full-service restaurant;
IMAGE NOT FOUND:\file1.municode.com6435-983.jpg (n) General commercial sales and service, where the total floor area of a building or yard area, not including areas used for parking and landscaping (wherever the primary activity is not conducted within a building), or the combination thereof, is 7,500 square feet or more; (o) (p) (q) (r) (s) (t) (u) (v) General food sales; Light manufacturing and research; Real estate service; Residential dwelling units; Hotels and motels; Undertaking service; Utility distribution and civic service; Firearm sales;
(w) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses or which can be determined to be compatible with the uses and purpose of the C-1 district. The concept of consolidation of several retail core area uses into a single complex (department store) which subverts the purpose of separation and distinction between the retail business district and/or the special retail business district and the C-1 district is not permitted. (Ord. 433 8, 1994: Ord. 359 6(B), 1987: Ord. 245 4 (part), 1981) 6-985 - Lot area. No new lots may be created in the C-1 district smaller than 7,500 square feet in size. (Ord. 245 4 (part), 1981) 6-986 - Lot width. No new lots may be created in the C-1 district with an average width of less than 55 feet. (Ord. 245 4 (part), 1981)
6-987 - Lot depth. No new lots may be created in the C-1 district with a depth of less than 75 feet. (Ord. 245 4 (part), 1981) 6-988 - Height. No buildings or other structures permitted in the C-1 district shall exceed 35 feet in height, nor two and one-half stories, except as allowed for number of stories by Section 6-989 of this chapter. (Ord. 245 4 (part), 1981) 6-989 - Third story for residential use. Notwithstanding any other provisions of this article, a third story for a building may be approved under the land use permit procedure (Section 6-215) when that third-floor area is to be used exclusively for residential use. The three-story building shall be reviewed so as to ensure that its height and proportions are consistent or compatible with other buildings in the vicinity, or that it is favorably located in relation to topographic conditions in a manner that visually attenuates its height. No part of the third-floor portion of the building shall be located within 50 feet of the right-of-way, or planned right-of-way, lines of Mt. Diablo Boulevard, First Street, Golden Gate Way, Dyer Drive, Highway 24 or Pleasant Hill Road; nor within 50 feet of the boundary of any residential zone. The number of parking stalls for the residential units provided on the third floor need not meet the minimum number of parking stalls required for other residential units in the C-1 district. The number of parking stalls required will be determined by the planning commission in consideration of the cumulative parking needs of all the uses on the subject property. (Ord. 245 4 (part), 1981) 6-990 - Setback. There shall be a landscaped setback of at least ten feet from any street line for any structure in the C-1 district. No parking shall be allowed in the required setback. Setbacks for third-story portions of buildings shall be regulated by Section 6-989. (Ord. 245 4 (part), 1981) 6-991 - Minimum side and rear yards. Where the site is adjacent to residentially zoned property, or to a single parcel not zoned residential but containing four or more dwelling units, there shall be a ten-foot landscaped setback along that entire property line. Side and rear yard setbacks for third-story portions of buildings shall be regulated by Section 6-989. (Ord. 245 4 (part), 1981) 6-992 - Off-street parking and loading. (a) Off-street parking and loading facilities for the uses in the C-1 district shall be provided in accordance with Chapter 6-6 of this title except that the required number of off-street parking spaces for new residential units is as follows:
(1) (2) (3)
One-bedroom units, 1.0 space per unit; Two-bedroom units, 1.2 spaces per unit; Units with three or more bedrooms, 1.5 spaces per unit.
(b) In addition, one guest parking space shall be provided for each five dwelling units. A minimum of one parking space per unit shall be covered. (c) Parking for the third-floor residential use shall not be required to provide the number of parking stalls defined in this section (see Section 6-989). (Ord. 245 4 (part), 1981) 6-993 - Repealed by Ordinance 359. 6-994 - Access from residential street. Any use on a lot which has street frontage on more than one street, one street of which has a right-of-way of 55 feet or less and forms the common boundary between a district of any residential classification and the C-1 district, shall not be permitted to gain vehicular access from the residential street. (Ord. 245 4 (part), 1981) 6-995 - Design review. No building, sign or other facility shall be constructed or established, or altered or painted a new color in such a manner as to affect exterior appearance, unless plans for such proposals have been approved pursuant to the design review requirements set forth in Part 1 of this title. (Ord. 324 2(e) (part), 1984: Ord. 245 4 (part), 1981) 6-996 - Modifiable sections. Land use permits for special uses enumerated in Section 6-984 and variance permits to modify the provisions of Sections 6-985 to 6-992 may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 245 4 (part), 1981) 6-997 - Special use provisions. (a) The provisions of this section apply to any parcel of land in the C-1 district for which a building permit for a principal structure was issued during the period of the office moratorium for the C zoning district, May 14, 1979 to May 14, 1981, inclusive. It is the intent of this section to supersede and clarify any land use authorizations, restrictions or prohibitions which may have been attached to, or implied by, any approvals of land use entitlements which led to the issuance of building permits for principal structures on land in this district during the moratorium period. In addition to the uses authorized in Sections 6-983 and 6-984 of this article, for such parcels of land the uses enumerated in this section are authorized, provided that they are established only in the buildings or portions of buildings which were designed and constructed for general office uses.
(b)
Uses permitted, in addition to those listed in Section 6-983, are as follows: (1) (2) Administrative; Consultative service;
(3) Medical services occupying up to 10,000 square feet of building area. Any medical services that would increase the area used beyond 10,000 square feet on that parcel shall be subject to a land use permit. (c) Notwithstanding the fact that the uses listed in subsection (b) of this section are nonconforming in the C-1 district generally, said uses are conforming and fully authorized in eligible buildings on any parcel of land which is subject to the provisions of this section. (Ord. 401 1, 1992: Ord. 269 1, 1982)
Chapter 6-10 - OFFICE DISTRICTS

Sections:
Article 1. - Administrative/Professional Office District
Article 1. - Administrative/Professional Office District

6-1001 - General. 6-1002 - Purpose. 6-1003 - Uses permitted. 6-1004 - Uses requiring a permit. 6-1005 - Lot area. 6-1006 - Height. 6-1007 - Side yards. 6-1008 - Rear yards. 6-1009 - Setback. 6-1010 - Separation of structures from public right-of-way. 6-1011 - Landscaping. 6-1012 - Approval guidelines. 6-1013 - Off-street parking and loading. 6-1014 - Design review. 6-1015 - Modifiable sections.
6-1001 - General. All land in the administrative/professional office district (map symbol APO) shall be used in accordance with the provisions of this article.
(Ord. 170 2 (part), 1976) 6-1002 - Purpose. The purpose of this article is to allow administrative and professional offices where such uses need not be located in the central area in order to best function to the benefit of the community, but where carefully conceived plans are necessary to provide comprehensive development that will assure safe, rational and functional internal and external circulation; design and landscaping compatible with unique, highly visible settings; the optimum in quality development; and development consistent with the goals, policies and other provisions of the general plan. (Ord. 170 2 (part), 1976) 6-1003 - Uses permitted. The following uses are permitted in the APO district: (a) Offices of an administrative, executive, professional, editorial or similar nature, if no merchandise is handled for sale and no merchandising services are rendered except those incidental or accessory to the principal use; (b) Professional offices and laboratories, such as medical-dental offices or the offices of lawyers, engineers and architects, if there are no retail sales; (c) Individual and family counseling offices (not including group counseling) such as psychiatrists, psychologists and sociologists, and other uses determined by the planning director to be of the same general character; (d) Prescription pharmacies, in connection with medical-dental offices.
(Ord. 170 2 (part), 1976) 6-1004 - Uses requiring a permit. The following uses are permitted in the APO district on the issuance of a land use permit: (a) Research institutes and laboratories devoted to experimental study such as testing and analyzing; (b) (c) (d) (e) (f) (g) Publicly-owned buildings and structures, except as provided in Section 6-516 Community buildings, clubs and activities of a quasi-public, social or fraternal character; Eleemosynary and philanthropic institutions, and convalescent hospitals; Churches; Multiple-family buildings; Any permitted uses on a site smaller than two hectares (4.94 acres) in size;
(h) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses set out in this section. The city council expressly finds that the following uses are not
comparable to any of the uses set forth in this section and, therefore, are not permissible under any circumstances: drug stores, manufacturing, restaurants and cafes, and retail sales not associated with a permitted use. (Ord. 170 2 (part), 1976) 6-1005 - Lot area. No new lots may be created in the APO district smaller than two hectares (4.94 acres) in size. (Ord. 170 2 (part), 1976) 6-1006 - Height. (a) No building or other structure in the APO district shall exceed the height limitations indicated in the height areas illustration shown in Figure 6-1006 (b) When any portion of a building or structure lies across the boundary line of any of the height limitation areas described in subsection (a), the minimum height requirement of the most restrictive area shall be applicable. (c) Building height shall be measured to the highest point of a building or structure from the lowest point where the lowest foundation wall intersects with the ground. 6-1007 - Side yards. No side yard in the APO district shall be less than 15 meters (49.21 feet) wide. (Ord. 170 2 (part), 1976)
IMAGE NOT FOUND:\file1.municode.com6435-1006.jpg 6-1008 - Rear yards. There shall be a rear yard of at least eight meters (26.25 feet) for any structure in the APO district. (Ord. 170 2 (part), 1976) 6-1009 - Setback. There shall be a setback of at least eight meters (26.25 feet) for any structure in the APO district. (Ord. 170 2 (part), 1976) 6-1010 - Separation of structures from public right-of-way. Every one-story structure in the APO district shall be separated from the right-of-way of any public street by at least eight meters (26.25 feet), and every multiple-story structure shall be separated from the right-of-way of any public street by a distance of at least 15 meters (49.21 feet). No parking shall be allowed in the area separating a structure from a public right-of-way, and the area shall be landscaped. (Ord. 170 2 (part), 1976)
6-1011 - Landscaping. In addition to required landscaping in required areas separating structures from public right-of-way, 20 percent of a lot in the APO district shall be planted and maintained with growing plants. To qualify as landscaped space, an area must be a minimum of five meters (16.40 feet) in width. (Ord. 170 2 (part), 1976) 6-1012 - Approval guidelines. The design review commission and the planning commission, when reviewing development proposals for the APO district, shall apply discretionary development requirements according to the following guidelines: (a) Lots in the APO district should be linked by comprehensive internal road networks to facilitate and encourage easy internal movement and discourage numerous access/egress points associated with the road systems surrounding the district. (b) Buffer areas of terrain features and landscaping should be provided between buildings or other structures and road systems surrounding the district. (c) Buildings, other structures and earthworks should be designed and sited to be visually harmonious, and should be compatible with terrain features in terms of mass, colors, materials and general appearance. (Ord. 324 2(b) (part), 1984; Ord. 170 2 (part), 1976) 6-1013 - Off-street parking and loading. Off-street parking and loading facilities in the APO district shall be provided in accordance with Chapter 6-6 of this title. (Ord. 170 2 (part), 1976) 6-1014 - Design review. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the design review requirements and procedures set forth in Part 1 of this title. (Ord. 324 2(d) (part), 1984: Ord. 170 2 (part), 1976) 6-1015 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-1004 and variance permits to modify the provisions of Sections 6-1005 through 6-1013, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 170 2 (part), 1976)
Chapter 6-11 - PLANNED DISTRICTS

Sections:
Article 1. - Planned Unit District
Article 1. - Planned Unit District

6-1101 - General. 6-1102 - Purpose. 6-1103 - Application. 6-1104 - Procedure. 6-1105 - Final development plan. 6-1106 - Final development plan approval. 6-1107 - Latitude of regulations. 6-1108 - Required findings. 6-1109 - Termination of zoning. 6-1110 - Uses permitted. 6-1111 - Residential density. 6-1112 - Final development plan modifications. 6-1113 - Planned unit development on hillside land.
6-1101 - General. All land in the planned unit district (map symbol P-1) shall be used in accordance with the regulations of this chapter. (Ord. 51 1 (part), 1971) 6-1102 - Purpose. It is recognized than an integrated development provides an opportunity for cohesive design when flexible regulations are applied; whereas the application of conventional regulations, designed primarily for individual lot development, to an integrated development may create a monotonous and stultified neighborhood. This planned unit district is intended to allow diversification in the relationship of various uses, buildings, structures, lot sizes and open spaces while ensuring substantial compliance with the general plan and the intent of this code in requiring adequate standards necessary to satisfy the requirements of the public health, safety and general welfare. These standards shall be observed without unduly inhibiting the advantages of integrated site planning. (Ord. 51 1 (part), 1971) 6-1103 - Application. An application for rezoning to the P-1 district shall contain: (a) A preliminary development plan, drawn to scale, which shall indicate: (1) The proposed use or uses of all lands within the subject area,
(2) (3) (4) (5) (6) (7) (b)
Existing natural land features and topography of the subject area, A circulation plan for all vehicular and pedestrian ways, The metes and bounds of the subject property, The location and dimensions of all existing structures, Landscaping, parking areas and typical proposed structures, The anticipated grading for the development;
A written legal description of the subject area;
(c) A preliminary report indicating provision for storm drainage, sewage disposal and public utilities; (d) An economic feasibility report and analysis of all commercial and industrial uses, if any, proposed to be located within the development; (e) A feasibility analysis of all public, quasi-public, recreational and educational areas and facilities proposed to be located within the development. This analysis shall include a statement of anticipated financing, development and maintenance; (f) A residential density analysis of the subject area, and the estimated population resulting therefrom; (g) A statement indicating how and why the proposed development conforms to the general plan; (h) A statement requesting the zoning change, signed by the owners in fee of the subject land and the owners of any option to purchase the property or any portion thereof, if any; (i) Schematic drawings showing the architectural design of all apartment houses and nonresidential buildings and structures proposed in the development; (j) Any additional information as may be required by the planning commission or the city council at the time of any public hearing. (Ord. 51 1 (part), 1971) 6-1104 - Procedure. An application for rezoning to this district shall be processed in accordance with the applicable provisions of Title 7 of the Government Code of the State of California. The preliminary development plan, as approved by the city council, shall be filed with the planning commission, and shall, by reference, be incorporated into and thereby become a part of the ordinance rezoning the subject property into the P-1 district. After the effective date of such ordinance, no grading or land clearing shall take place, nor shall any building or structure be erected, moved or altered on the subject property, except in compliance with the final development plan as approved by the planning commission. (Ord. 51 1 (part), 1971)
6-1105 - Final development plan. The final development plan shall contain or be accompanied by: (a) The metes and bounds of the subject property, together with the dimensions of the parcels, if any, into which the property is to be divided; (b) The location, grades, widths and types of improvements proposed for all streets, driveways, pedestrian ways and utilities; (c) The location, height, number of stories, use and number of dwelling units for each proposed building or structure; (d) The location and design of vehicle parking areas;
(e) The location and design of proposed landscaping except for proposed single-family residential development; (f) (g) (h) (i) The location and design of all storm drainage and sewage disposal facilities; An engineer's statement of the proposed grading; The location and extent of all proposed land uses; Elevations of all buildings and structures other than single-family residences;
(j) A statement indicating procedures and programming for the development and maintenance of semipublic or public areas, buildings and structures; (k) A statement indicating the stages of development proposed for the entire project;
(l) Any additional drawings or information which may be required by the planning commission at the time of any public hearing on the plan. (Ord. 51 1 (part), 1971) 6-1106 - Final development plan approval. The final development plan shall be submitted to the planning commission for approval using the same procedure required for a use permit application. An appeal from the planning commission decision may be taken to the city council in accordance with the provisions of Part 1 of this title. If no appeal is taken, the decision of the planning commission becomes final. (Ord. 51 1 (part), 1971) 6-1107 - Latitude of regulations. The planning commission may recommend and the city council may adopt as part of the preliminary development plan, and may require in the final development plan, standards, regulations, limitations and restrictions either more or less restrictive than those specified elsewhere in this title, and which are designed to protect and maintain property values and community amenities near the subject property, and which would foster and maintain the health, safety and general welfare of the city, including and relating to, but not limited to, the following:
(a) (b)
Height limitations on buildings and structures; Percent coverage of land by buildings and structures;
(c) Parking ratios and areas expressed in relation to use of various portions of the property and/or building floor area; (d) The location, width and improvement of vehicular and pedestrian access to various portions of the property, including portions within abutting streets; (e) Planting and maintenance of trees, shrubs, plants and lawns in accord with a landscaping plan; (f) Construction of fences, walls and floodlighting of an approved design;
(g) Limitations upon size, design, number, lighting and location of signs and advertising structures; (h) Arrangement and spacing of buildings and structures to provide appropriate open spaces around same; (i) Location and size of off-street loading areas and docks;
(j) Uses of buildings and structures by general classification, and specific designation when there are unusual requirements for parking, or when use involves noise, dust, odor, fumes, smoke, vibration, glare or radiation incompatible with present or potential development of surrounding property; (k) Architectural design of buildings and structures;
(l) Schedule of time for construction and establishment of the proposed buildings, structures, or land uses or any stage of development thereof; (m) Performance bonds to ensure development as approved. (Ord. 51 1 (part), 1971) 6-1108 - Required findings. In approving and adopting the rezoning application with the preliminary development plan, and subsequently the final development plan, the planning commission and/or the city council, as the case may be, shall find the following: (a) That the applicant intends to start construction within two and one-half years from the effective date of zoning change; (b) That the proposed planned unit development substantially conforms to the general plan;
(c) That, in the case of residential development, such development will constitute a residential environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood and community; (d) That, in the case of commercial development, such development is needed at the proposed
location to provide adequate commercial facilities of the type proposed; that traffic congestion will not likely be created by the proposed use, or will be obviated by presently projected improvements and by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking; that said development will be attractive and efficient and will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development; (e) That, in the case of proposed industrial development, such development is fully in conformity with the applicable performance standards, and will constitute an efficient and well-organized development, with adequate provisions for truck access service and necessary storage; and that such development will have no adverse effect upon adjacent or surrounding development; (f) That the development of a harmonious, integrated plan justifies exceptions from the normal application of this title. (Ord. 51 1 (part), 1971) 6-1109 - Termination of zoning. If, within 18 months of the effective date of the establishment of the P-1 district and the preliminary development plan, a final development plan is not submitted to the planning commission, the P-1 district shall become null and void and the land use district classification shall revert back to the designation in effect immediately before the rezoning to P-1. If, within 12 months after the approval by the planning commission of the final development plan, the construction specified in said final development plan has not been commenced, then the P-1 district shall become null and void and the land use district classification shall revert back to the designation in effect immediately before rezoning the P-1. The city council may grant one extension for not more than one year upon a showing of good cause. (Ord. 51 1 (part), 1971) 6-1110 - Uses permitted. Any land uses may be permitted in the P-1 district provided such use or uses are in harmony with each other and serve to fulfill the function of the planned unit development while substantially complying with the general plan. (Ord. 51 1 (part), 1971) 6-1111 - Residential density. The general plan shall be used as the guide in establishing residential densities. In establishing residential densities those areas set aside for churches, schools, streets, commercial use or other nonresidential use shall not be included in the net development area for purposes of computing residential densities. The area set aside for common open space, outdoor recreational use or parks shall be included in the net development area for purposes of computing residential densities. (Ord. 51 1 (part), 1971) 6-1112 - Final development plan modifications. The final development plan may be modified by submitting an application for such modification
according to the same procedure as is required in the initial review and approval of the final development plan. The flexibility of ordinance requirement, ordinarily required in other districts, permitted in any initial approval of a P-1 district shall not be considered as precedent-setting, or as a lone compelling reason for approving any modifications. Any application for modification may be approved only after it has been found that it does not deviate from the intent and purpose of this district, and that provisions of Section 6-1108 and 6-1111 have been met. (Ord. 51 1 (part), 1971) 6-1113 - Planned unit development on hillside land. In developing hillside land as that term is defined in Section 6-2002(a)(1) of this title, the city encourages development by means of the planned district (P-1) zoning classification. The maximum number of dwelling units permitted for hillside land classified planned district (P-1) is that which would have been permitted by the land use regulations applicable to the property immediately before being classified planned district, including the application of the provisions of Section 6-2004 of this title. (Ord. 175 4, 1976)
Chapter - 6-11.5 SENIOR HOUSING OVERLAY DISTRICT

Sections:
Article 1. - General Provisions Article 2. - Senior Residential Care Facilities Article 3. - Senior Citizen Housing Development and Senior Housing Projects

6-1151 - Purpose. 6-1152 - Restriction on alternative use. 6-1153 - Definitions. 6-1154 - Location of the senior housing overlay district. 6-1155 - Application procedures. 6-1156 - Senior housing development guarantee.
6-1151 - Purpose. The senior housing overlay, ("SHO"), district is established to provide for the development of a variety of senior housing types pursuant to standards that reflect the unique character of senior residential occupancy, and to implement the goal of the housing element of the Lafayette General Plan to achieve an adequate supply of safe, decent housing for all residents of Lafayette. In establishing the senior housing overlay district, the city council expressly finds that:
(1) The impacts of senior citizen housing developments are lower than other multi-family residential developments; and (2) Senior citizen housing developments benefit greatly from a close proximity to downtown services and amenities. Any land within the senior housing overlay district shall retain its existing, underlying zoning and may be developed and used either pursuant to regulations pertaining to such underlying zoning, or, when authorized by a senior housing permit, pursuant to the regulations set forth in this chapter. (Ord. No. 598, 2, 10-25-2010) 6-1152 - Restriction on alternative use. Any lot developed or used for senior housing pursuant to a senior housing permit shall not thereafter be used for any purpose other than the provision of senior housing unless and until the zoning administrator has determined, in writing, that the alternative use satisfies all applicable land use regulations pertaining to the underlying zoning of the property. (Ord. No. 598, 2, 10-25-2010) 6-1153 - Definitions. For the purposes of this chapter, the following definitions shall apply: (a) "Alzheimer's/memory care/dementia facility" is a specialized housing development serving the needs of persons with memory and/or dementia problems. Depending on the severity of the health concerns of residents, such housing may be provided in an assisted living format; or in a residential care facility format, which is more like a hospital setting. For the purposes of this chapter Alzheimer's/memory care/dementia facilities shall be considered a "senior residential care facility." (b) "Assisted living" is housing that provides a special combination of traditional housing with personalized supportive services and care. Such housing includes some form of kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility. for the purposes of this chapter, "assisted living" facilities shall be considered a type of "senior citizen housing development" or "senior housing project." If the assistance provided at such a facility is nursing care, or if residents live in bedrooms rather than complete residential units, then it shall be considered a "senior residential care facility." (c) "Continuing care retirement community" is a residential facility that provides a continuum of care from independent living to assisted living to skilled nursing care, all in one location. For the purposes of this chapter, the portion of any "continuing care retirement community" that includes independent and/or assisted living units shall be considered a type of "senior citizen housing development" or "senior housing project" and must comply with the regulations applicable thereto. The portion of any "continuing care retirement community" that includes skilled nursing care or similar service shall be considered a "senior residential care facility" and must comply with the regulations applicable thereto. (d) (e) "Dwelling unit" or "housing" is any residential accommodation other than a mobile home. "Employee" is anyone hired to work at a senior housing facility within the SHO district,
whether hired by the facility or residents, including but not limited to staff, doctors, nurses, permitted health care residents, maintenance workers, etc. (f) "Independent living" is housing that is designed to enable seniors to live an independent lifestyle that includes recreational, educational and social activities. Such housing includes kitchen facilities within the unit, even if most or all meals are taken in a communal dining facility. For the purposes of this chapter, "independent living" facilities are considered a type of "senior citizen housing development" or "senior housing project." (g) "Peak staffing" means the maximum number of employees on site at any point in time.
(h) "Permitted health care resident" is a person hired to provide live-in care to a qualifying resident, or a family member of the qualifying resident providing such care. For the purposes of this chapter, the care provided by a permitted health care resident must be substantial in nature and must provide either assistance with necessary daily activities or medical treatment, or both. (i) "Qualifying resident" or "senior citizen" is a person who is 62 years of age or older, or the head of household who is 55 years of age or older in a senior citizen housing development, and who is a permanent resident of a "senior citizen housing development" or "senior housing project. (j) "Senior citizen housing development" is a residential facility, containing 35 dwelling units or more, constructed, substantially rehabilitated, substantially renovated for the purpose of housing senior citizens. heads of households of senior citizen housing developments must be 55 years old or older. (k) "Senior housing" or "senior housing project" is a residential facility, containing less than 35 dwelling units, that is constructed substantially rehabilitated, or substantially renovated for the purpose of housing senior citizens. Residents of senior housing projects must be 62 years old or older. (l) "Senior residential care facility" is a residential facility designed for the purpose of housing senior citizens, 60 years old or older, who are in need of 24-hour care. For the purposes of this chapter "nursing care," "skilled nursing facility," "board and care facility" and like uses, shall be considered residential care facilities. These facilities are operated in a nursing home, group home or hospital-like fashion and do not have kitchen facilities in resident's individual rooms. Residents live either in private or semi-private rooms. Services may or may not include medical care. (m) "Senior housing permit" is the senior housing use permit required by Section 6-1155 for the development of "senior citizen housing developments," "senior housing projects," and "senior residential care facilities" in the SHO district pursuant to this chapter. (n) "Zoning administrator" is the planning director or his/her designee.
(Ord. No. 598, 2, 10-25-2010) 6-1154 - Location of the senior housing overlay district. The SHO district classification is hereby established on land within the following zoning districts: (a) (b) C General commercial district. C-1 General commercial district 1.
(c) (d) (e) (f) (g) (h)
MRA Multiple-family residential district A. MRB Multiple-family residential district B. MRO Multiple-family residential/professional office district. MRT Multiple-family residential townhouse district. RB Retail business district. SRB Special retail business district.
(Ord. No. 598, 2, 10-25-2010) 6-1155 - Application procedures. A senior housing permit shall be required for the development of a senior citizen housing development, senior housing project and senior residential care facility under the provisions of this chapter. The project proponent shall submit an application to the planning division on a form prescribed by the city, accompanied by the application fee prescribed by resolution of the city council. A senior housing permit shall not be required for a residential care facility with six or fewer residents, in addition to permitted health care residents, in all zoning districts that permit single-family residences. (Ord. No. 598, 2, 10-25-2010) 6-1156 - Senior housing development guarantee. Prior to occupancy of any project developed pursuant to this chapter, the project proponent shall provide documentation limiting the use of the project to the use prescribed in the senior housing permit and vesting the right to enforce such limitation in the city until and unless the zoning administrator determines, in writing, that the alternative use satisfies all applicable land use regulations pertaining to the underlying zoning of the property. Such documentation shall be in a form satisfactory to the city attorney and shall be recorded against the property. (Ord. No. 598, 2, 10-25-2010)
Article 2. - Senior Residential Care Facilities

6-1157 - Applicability. 6-1158 - Development standards. 6-1159 - Density. 6-1160 - Common area. 6-1161 - Parking. 6-1162 - Findings.
6-1157 - Applicability. This article applies to senior residential care facilities with seven or more qualifying residents, not
including permitted health care residents. (Ord. No. 598, 2, 10-25-2010) 6-1158 - Development standards. Except as expressly provided in this article, the land use standards for senior residential care facilities, such as yard areas and floor area, shall be those required by the underlying zoning district. (Ord. No. 598, 2, 10-25-2010) 6-1159 - Density. Notwithstanding any other provisions of this article, residential care facilities shall have a total floor area that averages at least 350 square feet of floor area per resident, excluding parking. (Ord. No. 598, 2, 10-25-2010) 6-1160 - Common area. Notwithstanding any other provisions of this section, residential care facilities shall provide a minimum of 100 square feet of usable common area per qualifying resident. Indoor common areas and amenities designed to facilitate program activities may be counted towards this requirement up to a maximum of 75 percent of the total required. (a) Any common area to be counted toward the requirements of this section shall have a minimum dimension of not less than six feet in any direction and shall be easily accessible to all residents. (b) Outdoor common areas shall be designed to provide amenities and recreational areas compatible with the needs of the residents, such as pathways and sitting areas, flower and vegetable gardens, or similar active or passive recreation areas. (c) Where additional stories prohibit easy access to common areas on the ground floor, the project shall provide open roof decks, balconies, or lanais in an amount, dimension, area, and location as deemed appropriate by the zoning administrator. (d) The proposed improvement of all required common areas shall be designated on the plans submitted with the senior housing permit application and, shall be considered a required part of the senior housing permit, if issued. (Ord. No. 598, 2, 10-25-2010) 6-1161 - Parking. (a) Buildings or portions of buildings constructed as senior residential care facilities shall be required to provide one parking space for each resident in addition to one parking space for each employee during peak staffing. (b) Existing single-family residences to be converted into residential care facilities shall maintain the existing number of parking spaces; additional parking to meet the requirement of subsection (a) above may be covered or uncovered.
(Ord. No. 598, 2, 10-25-2010) 6-1162 - Findings. In order to approve a senior housing permit for a senior residential care facility, the planning commission shall find as follows: (a) The proposed use is licensed by the state or county and conducted in a manner and with facilities that comply with Title 24 of the California Code of Regulations or any successor legislation. If the state or county license is suspended or revoked, the senior housing permit shall automatically also be suspended or revoked; (b) The facility is specifically designed to include safety bars and rails in bedrooms and bathrooms, ramps, and other structural provisions for senior citizens as required by state law or federal regulations. In addition, such facilities shall include a common dining area as well as adequate common living areas and amenities to facilitate program activities; and (c) The facility is specifically designed to have a residential appearance and is compatible with the character of the neighborhood, as determined by review of the applicable hearing authority. In residential zoning districts, signs, ramps and any other "non-residential" features shall be constructed so that they are not visible from the public right-of-way. (Ord. No. 598, 2, 10-25-2010)
Article 3. - Senior Citizen Housing Development and Senior Housing Projects

6-1163 - Applicability. 6-1164 - Development standards. 6-1165 - Density. 6-1166 - Parking. 6-1167 - Findings. 6-1168 - Modifiable sections.
6-1163 - Applicability. This article applies to senior citizen housing developments and senior housing projects, regardless of whether the project is assisted living or independent living. The references to "federal or state law" set forth in this section shall include but not be limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities. (Ord. No. 598, 2, 10-25-2010) 6-1164 - Development standards. Except as expressly provided in this article, the land use standards for a senior citizen housing
development or a senior housing projects, such as yard areas and floor area, shall be those required by the underlying zoning district. All senior citizen housing developments and senior housing projects shall be developed so as to comply with the requirements set forth below: (a) Entryways, walkways, and hallways in the common areas of the development, and doorways and paths of access to and within the residential units, shall be as wide as required by laws applicable to new multifamily housing construction for provision of access to persons using a standard-width wheelchair. (b) Walkways and hallways in the common areas of the development shall be equipped with standard height railings or grab bars to assist persons who have difficulty walking. (c) Walkways and hallways in the common areas shall have lighting conditions which are of sufficient brightness to assist persons who have difficulty seeing. (d) Access to all common areas and residential units within the development shall be provided without use of stairs, either by means of an elevator or sloped walking ramps. (e) The development shall be designed to encourage social contact by providing at least one common room and outdoor common open space. (f) Refuse collection shall be provided in a manner that requires a minimum of physical exertion by residents. (g) The development shall comply with all other applicable requirements for access and design imposed by law, including, but not limited to, the Fair Housing Act (42 U.S.C. Sec. 3601 et seq.), the Americans with Disabilities Act (42 U.S.C. Sec. 12101 et seq.), and the regulations promulgated at Title 24 of the California Code of Regulations that relate to access for persons with disabilities. (h) Notwithstanding any other provision of this code, the minimum floor area for each residential unit in shall be as follows: (1) (2) (3) (i) Studio - 450 square feet. One bedroom - 540 square feet. Two bedroom - 700 square feet.
All projects shall implement, at minimum, the following universal design principles: (Universal design is a method of design that allows aging in place by creating an environment that can be used by everyone, regardless of age or physical condition.) (1) No-step entries.
(2) One-story living such that an eating area, bathroom, and sleeping area are available on the same floor. (3) Front doors with a minimum width of 36 inches to accommodate the use of wheelchairs and 32-inch free-swing doors (34-inch door) on all interior doors.
(4) (5) (6) (7) (8) (9)
Hallway minimum width of 42 inches to accommodate the use of wheelchairs. Room thresholds that are flush. Adequate lighting throughout the dwelling unit. Lever door handles and rocker light switches. Additional closet rod brackets to allow potential access from a wheelchair. Adequate space for maneuverability and access to facilities to those using wheelchairs.
(Ord. No. 598, 2, 10-25-2010) 6-1165 - Density. Notwithstanding any other provision of this chapter, the density of a senior citizen housing development or senior housing project shall be governed by the density established by the senior housing permit, but in no case shall the density exceed 45 units per acre (not including applicable density bonuses). (Ord. No. 598, 2, 10-25-2010) 6-1166 - Parking. Notwithstanding any other provision of this chapter, a senior citizen housing development or senior housing project shall be required to provide a minimum number of parking spaces as follows: Independent Living. (1) (2) (3) (4) One space for each studio or one-bedroom unit. 1.2 spaces for each two-bedroom unit. One guest parking space for every five dwelling units. One parking space for each employee on-site at peak staffing.
Assisted Living. (1) (2) (3) 0.40 parking spaces per unit. One space for each employee on-site at peak staffing. One loading pace, sufficient to accommodate expected loading needs.
Independent Living for Extremely low, Very Low, Low Income Households. (1) (2) (3) 0.50 spaces for each studio or one-bedroom units. One guest parking space for every five dwelling units. One space for each employee on-site at peak staffing.
(Ord. No. 598, 2, 10-25-2010)

6-1167 - Findings. In order to approve a senior housing permit for a senior citizen housing development or a senior housing project, the planning commission shall find as follows: (a) The impact of the use will be substantially equivalent to or less than the impacts produced by land uses otherwise allowed within the underlying classification of the zoning district, with consideration being given to the quantity and type of living units, their estimated demand on public facilities and their estimated services generated by the use; (b) The project complies with the city's adopted design guidelines;
(c) The project design, density, lot coverage, bulk and mass are compatible with the surrounding neighborhood, as determined by review of the applicable hearing authority; (d) The number of units approved can be adequately accommodated by existing or planned infrastructure; (e) The projected peak hour trip generation rates will be equal to or less than that of a conforming, non-age restricted, project on the same site; (f) The location, design, and site planning provide residents with a convenient and functional living environment, and will be as attractive as the nature of the use and its location and setting allow. This includes, but is not limited to the provision of artwork, gardens, indoor and/or outdoor sculpture, and other recreation uses of an active or passive nature; (g) The project is specifically designed for senior citizens and includes facilities generally associated with the needs and interests of senior citizens. Such facilities include common meeting and recreation areas, secure parking, safety bars and rails in units, emergency signal system, security lighting, ramps and other structural elements required for elderly persons by state and federal laws or regulations; and (h) The project is located so as to provide qualifying residents access to community amenities such as transportation, shopping, and other daily services. (Ord. No. 598, 2, 10-25-2010) 6-1168 - Modifiable sections. In the event a senior housing permit does not comply with Sections 6-1158, 6-1160, 6-1161, 6-1164 and 6-1166 relating to development standards for senior residential care facilities, senior citizen housing developments and senior housing projects, an application for a variance to a measurable standard may be filed and reviewed concurrently with the application for a senior housing permit. The applicable hearing authority shall consider the variance application in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. No. 598, 2, 10-25-2010)
Chapter 6-12 - COMBINING LAND USE DISTRICTS

Sections:
Article 1. - Purpose of Chapter Article 2. - Study Combining District Article 3. - Design Control Combining District
Article 1. - Purpose of Chapter

6-1201 - General.
6-1201 - General. (a) The purpose of this chapter is to provide a mechanism whereby certain additional regulations can be superimposed on or combined with the regulations in a land use district so that all of the regulations of the underlying district plus the regulations of the combining district apply to the land. (b) The council finds that authority to establish a combining land use district is necessary to (1) provide flexibility in land use development to meet changing social and economic conditions as they affect land uses; (2) encourage the maximum utilization of land; (3) guarantee the performance of development standards established by the city; (4) provide a means of permitting the development of land which has unique and special development problems which cannot be solved under other land use districts; and (5) provide time for in-depth studies of changing conditions which may require changes in zoning, without in the meantime preventing owners from developing their land. (Ord. 68 1, 1971)
Article 2. - Study Combining District

6-1211 - General. 6-1212 - Purpose. 6-1213 - All uses subject to use permit. 6-1214 - Other requirements. 6-1215 - Time limitation.
6-1211 - General. All land in a land use district (hereafter called the "underlying land use district") which is combined with the study combining district (map symbol S) shall be used in accordance with both the regulations for the underlying land use district and the following additional regulations. (Ord. 68 2 (part), 1971)
6-1212 - Purpose. It is the purpose of the regulations in this article to: (a) Recognize through the planning process the relationship between short-term uses of environment and the maintenance and enhancement of long-term productivity; (b) Permit the study and development of appropriate alternatives for the allowable uses of land classified to a study combining district; (c) Encourage through the land planning process the restoration, maintenance and enhancement of the quality of environment in the city; (d) Attain the widest range of beneficial uses of land without adversely affecting the public health, safety and welfare; (e) Recognize that pending precise land use studies, the land planning process requires that there be reasonable interim limitations on land uses. (Ord. 68 2 (part), 1971) 6-1213 - All uses subject to use permit. The uses permitted in the study combining district are the same uses permitted in the underlying land use district. In the study combining district, however, all uses require the issuance of a land use permit. (Ord. 68 2 (part), 1971) 6-1214 - Other requirements. The requirements for lot area, width and depth; for building height, side and rear yards, setbacks, parking space, and open space; and for site plan and building elevations approval; and all other requirements not specifically mentioned in this article, shall be the same for the study combining district as they are for the underlying land use district. (Ord. 68 2 (part), 1971) 6-1215 - Time limitation. Land classified to a study combining district may remain so classified for not more than one year unless within that year the city starts a precise land use study of the land. If the city starts a precise land use study within one year from the date the land is so classified, the maximum time the land may remain so classified is 24 months. At the expiration of the first year, if the city has not started a precise land use study for the land, or upon completion of the study, or upon abandonment of the study before completion, or at the end of 24 months, whichever of these events occurs first, the city council shall promptly initiate action to classify the land either into the land use district recommended in the precise land use study or back to the underlying land use district in which is was classified before it was placed in the study combining district. (Ord. 68 2 (part), 1971)
Article 3. - Design Control Combining District

6-1221 - General. 6-1222 - Purpose. 6-1223 - When used. 6-1224 - Site plan and building elevations approval.
6-1221 - General. All land in a land use district (hereafter called the "underlying land use district") which is combined with the design control combining district (map symbol B) shall be used in accordance with both the regulations for the underlying land use district and the following additional regulations. (Ord. 50 1 (part), 1971) 6-1222 - Purpose. The purpose of the B combining district is to provide design control and maintenance of an area where the respective owners have developed a plan wherein a high degree of amenities is intended to prevail, recognizing that an attractive development enhances property values, social values, and the health and welfare of the community. (Ord. 50 1 (part), 1971) 6-1223 - When used. Land in any underlying zoning district may be combined with the B district only when requested by the owners of two or more parcels of land, who have prepared a plan of development, setting forth criteria through maps, illustrations and text governing the size, bulk, coverage, relationship, color, texture, materials and other appurtenances of physical improvements, including, but not limited to, buildings, signs and fences. Such a plan may also provide for, through its location, design and site planning, a convenient, attractive and functional living, working, shopping or civic environment. Further, such a plan shall provide for off-street parking, landscaping and open space. This plan and accompanying text shall become part of the ordinance placing the land in the B combining district, and all further development on the subject parcels shall comply with it. (Ord. 50 1 (part), 1971) 6-1224 - Site plan and building elevations approval. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the site plan and building elevations approval requirements and procedures set forth in Part 1 of this Title. (Ord. 101 2 (part), 1973: Ord. 50 1 (part), 1971)
Chapter 6-13 - SPECIAL DISTRICTS

Sections:
Article 1. - Interchange Transitional District Article 2. - General Agricultural District Article 3. - Heavy Agricultural District
Article 1. - Interchange Transitional District

6-1301 - General. 6-1302 - Purpose. 6-1303 - Uses permitted. 6-1304 - Uses requiring a permit. 6-1305 - Lot area. 6-1306 - Lot width. 6-1307 - Height. 6-1308 - Side yards. 6-1309 - Setback. 6-1310 - Rear yard. 6-1311 - Lot coverage. 6-1312 - Open area. 6-1313 - Site plan and building elevations approval. 6-1314 - Modifiable sections.
6-1301 - General. All land in the interchange transitional district (map symbol G-1) shall be used in accordance with the provisions of this article. (Ord. 65 3 (part), 1971) 6-1302 - Purpose. Acquisition for highway interchanges has left and may continue to leave parcels of land that may create difficult problems requiring solutions that provide the fullest possible agreement with the policies and goals of the general plan. This interchange transitional district is provided in order to establish a range of land uses from which may be selected one or several that would, through the application of exceptional or extraordinary design, develop the greatest number of compatibility factors and minimize or eliminate detrimental land use relationships. It is intended that this district shall have application only within the area of highway interchanges and their approaches, and then only when the above is clearly evident and found to exist by the planning commission. (Ord. 65 3 (part), 1971) 6-1303 - Uses permitted. The following uses are permitted in the G-1 district: (a) Publicly owned parks and playgrounds.
(Ord. 65 3 (part), 1971) 6-1304 - Uses requiring a permit. In the G-1 district, the following uses are permitted upon the issuance of a land use permit: (a) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (b) Publicly owned buildings and structures, except as provided in Section 6-516
(c) Uses which the planning commission has found, after notice and hearing, to be comparable to the above uses. (Ord. 120 1 (part), 2 (part), 1973; Ord. 65 3 (part), 1971) 6-1305 - Lot area. No building or structure permitted in the G-1 district shall be erected or placed on a lot having less than 10,000 square feet. (Ord. 65 3 (part), 1971) 6-1306 - Lot width. No building or structure permitted in the G-1 district shall be erected or placed on a lot having less than 100 feet in average width. (Ord. 65 3 (part), 1971) 6-1307 - Height. No building or structure permitted in the G-1 district shall exceed 25 feet in height. (Ord. 65 3 (part), 1971) 6-1308 - Side yards. There shall be an aggregate side yard width for any structure in the G-1 district of at least 15 feet, with no single side yard being less than five feet in width, except that when a side yard abuts a residential land use district, it shall then have a minimum width of 15 feet with a minimum of five feet width on the other side. (Ord. 65 3 (part), 1971) 6-1309 - Setback. There shall be a setback (front yard) of at least 20 feet for any building or structure in the G-1 district. (Ord. 65 3 (part), 1971)
6-1310 - Rear yard. There shall be a rear yard of at least 15 feet for any principal structure in the G-1 district. There shall be a rear yard of at least three feet for an accessory structure. (Ord. 65 3 (part), 1971) 6-1311 - Lot coverage. No buildings or structures permitted in the G-1 district shall cover more than 35 percent of the lot area. (Ord. 65 3 (part), 1971) 6-1312 - Open area. In the G-1 district, 25 percent of the parcel shall not be occupied by buildings, structures or pavement, but shall be landscaped. Seventy-five percent of this 25 percent (open area) shall be planted and maintained with growing plants. No open area which is less than 16 feet wide shall have a length in excess of three times its width. No open area shall be less than eight feet wide. (Ord. 65 3 (part), 1971) 6-1313 - Site plan and building elevations approval. All new construction and all remodeling of a structure when the completed new work will be visible from public property, or when the nature of the use will be changed, shall be subject to the site plan and building elevations approval requirements and procedures set forth in Part 1 of this title. (Ord. 101 2 (part), 1973: Ord. 65 3 (part), 1971) 6-1314 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-1304 and variance permits to modify the provisions of Sections 6-1305 to 6-1312, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 65 3 (part), 1971)
Article 2. - General Agricultural District

6-1321 - General. 6-1322 - Uses permitted. 6-1323 - Uses requiring a permit. 6-1324 - Lot area. 6-1325 - Lot width. 6-1326 - Lot depth. 6-1327 - Height. 6-1328 - Side yards. 6-1329 - Setback. 6-1330 - Rear yard. Lafayette, California, Code of Ordinances Page 174 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-1331 - Modifiable sections. 6-1332 - Special regulations applicable to commercial recreation facilities in use on April 5, 1972.
6-1321 - General. All land in the general agricultural district (map symbol A-2) shall be used in accordance with the provisions of this article. (Ord. 70 1 (part), 1971) 6-1322 - Uses permitted. The following uses are permitted in the A-2 district: (a) A detached single-family dwelling on each lot, and the accessory structures and uses normally auxiliary to it; (b) All types of agriculture, including general farming, horticulture, floriculture, nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms, poultry raising, animal breeding, aviaries, apiaries, forestry and similar agricultural uses; (c) A stand not exceeding 200 square feet in size for the sale of agricultural products grown on the premises, if the stand is set back at least 25 feet from the front property line; (d) Other agricultural uses, including erection and maintenance of sheds, warehouses and buildings for the storage of agricultural products and equipment; (e) Foster home or family care home operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six minors reside on the premises with not more than two supervisory persons; (f) Residential care home for the aged, operated by a public agency, or by a private agency which has obtained state or local approval (license) for the proposed operation, where not more than six aged persons reside on the premises with not more than two supervisory persons; (g) A home occupation.
(Ord. 115 3 (part), 1973; Ord. 70 1 (part), 1971) 6-1323 - Uses requiring a permit. In the A-2 district, the following uses are permitted after the issuance of a land use permit: (a) Residential businesses;
(b) Churches and religious institutions, and parochial and private schools, including nursery schools; (c) (d) (e) A second unit which complies with Chapter 6-5, Article 3 of this title; Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds;
(f) Community buildings, clubs and activities of a quasi-public, social or fraternal character; and private recreational facilities, such as golf clubs, swimming pools and tennis clubs, whether or not operated for profit; (g) Dude ranches, riding academies and stables;
(h) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (i) (j) Multiple pet activity, but only on parcels 20,000 square feet in size or larger; Kennel activity.
(Ord. 300 3 (part), 4 (part), 1984; Ord. 266 1314, 1982; Ord. 240 2, 1981: Ord. 120 1 (part), 2 (part), 1973; Ord. 115 5 (part), 1973; Ord. 70 1 (part), 1971) 6-1324 - Lot area. No agricultural pursuit shall be conducted, nor shall any structure or building permitted in the A-2 district be erected, placed or established on a lot smaller than 40,000 square feet in area. (Ord. 70 1 (part), 1971) 6-1325 - Lot width. No agricultural pursuit shall be conducted, nor shall any structure or building permitted in the A-2 district be erected, placed or established on a lot less than 140 feet in average width. (Ord. 70 1 (part), 1971) 6-1326 - Lot depth. No agricultural pursuit shall be conducted, nor shall any structure or building permitted in the A-2 district be erected, placed or established on a lot less than 140 feet deep. (Ord. 70 1 (part), 1971) 6-1327 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-1328 - Side yards. No side yard in the A-2 district shall be less than 20 feet in width. No barns, stables, apiaries, aviaries or other buildings or structures used to house livestock, grain-fed rodents, bees, birds or poultry shall be located in this district nearer than 50 feet to the boundary line of any residential land use district.
(Ord. 70 1 (part), 1971) 6-1329 - Setback. There shall be a setback (front yard) of at least 25 feet for any structure in the A-2 district, except on corner lots, where the principal frontage of the lot shall have a setback of at least 25 feet and the other setback shall be at least 20 feet. (Ord. 70 1 (part), 1971) 6-1330 - Rear yard. There shall be a rear yard of at least 15 feet for any structure in the A-2 district. (Ord. 70 1 (part), 1971) 6-1331 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-1323 and variance permits to modify the provisions of Sections 6-1324 to 6-1330, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 70 1 (part), 1971) 6-1332 - Special regulations applicable to commercial recreation facilities in use on April 5, 1972. (a) Findings and Declaration of Purpose. (1) Land classified to the A-2 land use district is located in remote, rural areas. It is not easy to reach by personnel or equipment used to provide public safety services. The roads which lead to and serve land classified to this land use district are narrow, usually dead-end, usually not accepted for maintenance by the city and typically in poor repair. These areas are basically grassland where fire hazard is extreme in the summer months. In the winter months heavy rains can cause slides and the sloughing of rocks and mud onto roadways, which increases the possibility that a road may be blocked by a motor vehicle, thus isolating people without means of egress. In addition, intensive land use in these areas can damage the land and the vegetation, and this tends to contribute to erosion and scarring of hillsides, resulting in further deterioration of the environment. (2) There exists at least one instance of a commercial recreational facility in this land use district characterized by these conditions. Because of the character and intent of this land use district and the general incompatibility of its purpose and the commercial recreational uses which were permitted under former county zoning regulations for this land use district, it is necessary to adopt the regulations set forth in this section for the purpose of protecting the public health, safety and welfare and carrying out the purposes of the zoning regulations of the city. (b) Applicability. The regulations in this section apply to each commercial recreation facility which existed under the land use regulations of Contra Costa County and continued to exist under the land use regulations of the city of Lafayette, all as provided in Section 8156 of the County Ordinance Code. This section does not authorize the commencement, extension or expansion of a commercial recreational facility and applies to such facility to the extent that the use is a legal nonconforming
commercial recreational facility under the provisions of this article. (c) Special Regulations. The following regulations supersede any other regulations inconsistent therewith and apply to each commercial recreational facility which continues its operation in this land use district as a legal nonconforming use. (1) (2) Not more than 400 persons may be permitted on the premises at any one time. Not more than 200 motor vehicles may be permitted on the premises at any one time.
(3) Public sanitation facilities shall comply with the standards imposed by the health officer of the city. (4) No physical change in the use existing on April 5, 1972 is permitted other than ordinary maintenance and repair. There may be no increase or enlargement of the area, space or volume occupied and used. If the use is replaced by a conforming use, the commercial recreational nonconforming use is automatically terminated. A building or structure devoted to a commercial recreational use may be altered only if the alteration does not exceed an aggregate cost of 15 percent of the replacement value of the building or structure. A nonconforming building or structure may be rebuilt and continued in use only if it is damaged by fire, explosion or acts of God which occur after April 5, 1972 and if the expense of the work does not exceed 40 percent of the replacement value of the damaged building or structure. (5) The city may issue a special permit which allows the owner to hold a special event which may exceed the attendance limitations set by subparagraphs (1) and (2) of this subsection (c). The council may issue the permit or by resolution may delegate this authority to the planning commission or to the city manager. The special permit is good for one day only and it is subject to all the terms and conditions which the city may prescribe. (Ord. 81 1, 1972)
Article 3. - Heavy Agricultural District

6-1341 - General. 6-1342 - Uses permitted. 6-1343 - Uses requiring a permit. 6-1344 - Lot area. 6-1345 - Lot width. 6-1346 - Lot depth. 6-1347 - Height. 6-1348 - Side yards. 6-1349 - Setback. 6-1350 - Rear yard. 6-1351 - Modifiable sections.
6-1341 - General. All land in the heavy agricultural district (map symbol A-3) shall be used in accordance with the
provisions of this article. (Ord. 70 2 (part), 1971) 6-1342 - Uses permitted. The following uses are permitted in the A-3 district: (a) A detached single-family dwelling on each lot and the accessory structures and uses normally auxiliary to it; (b) All types of agriculture, including general farming, horticulture, floriculture, nurseries and greenhouses, mushroom rooms, dairying, livestock production, fur farms, poultry raising, animal breeding, aviaries, apiaries, forestry and similar agricultural uses; (c) A stand not exceeding 200 square feet in size for the sale of agricultural products grown on the premises, if the stand is set back at least 25 feet from the front property line; (d) Other agricultural uses, including the erection and maintenance of sheds, warehouses and buildings for the storage of agricultural products and equipment. (Ord. 70 2 (part), 1971) 6-1343 - Uses requiring a permit. In the A-3 district the following uses are permitted on the issuance of a land use permit: (a) (b) (c) Publicly owned buildings and structures, except as provided in Section 6-516 Publicly owned parks and playgrounds; Dude ranches, riding academies and stables;
(d) Living accommodations to be used primarily for temporary housing of agricultural workers while they are performing seasonal agricultural work on the property of the owner; (e) (f) Livestock auction or sales yards; Processing of milk not produced on the premises;
(g) Commercial radio and television receiving and transmitting facilities, but not including broadcasting studios or business offices; (h) Uses which the planning commission has found, after notice and hearing, to be comparable to the uses enumerated in this section; (i) (j) (k) Multiple pet activity, but only on parcels of land 20,000 square feet in size or larger; Kennel activity; A second unit which complies with Chapter 6-5, Article 3 of this title.
(Ord. 333 1, 1985; Ord. 300 4 (part), 1984; Ord. 266 1516, 1982; Ord. 70 2 (part), 1971)
6-1344 - Lot area. No agricultural pursuit shall be conducted and no structure permitted in the A-3 district shall be erected or placed on a lot smaller than ten acres, except that poultry raising, raising of grain-fed rodents, berry farming, greenhouses and nurseries, mushroom rooms, fur farms, aviaries and apiaries may be permitted on a lot at least two and one-half acres in area. (Ord. 70 2 (part), 1971) 6-1345 - Lot width. No agricultural pursuit shall be conducted, and no structure permitted in the A-3 district shall be erected or placed on a lot less than 140 feet in average width. (Ord. 70 2 (part), 1971) 6-1346 - Lot depth. There shall be no minimum lot depth in the A-3 district. (Ord. 70 2 (part), 1971) 6-1347 - Height. (a) No single-family dwelling or other structure permitted in this district may exceed 35 feet in height or two and one-half stories. (b) Structures higher than 30 feet in height shall be subject to approval of the design review commission and the findings contained in Section 6-1905 (Ord. 386 5 (part), 1991) 6-1348 - Side yards. No side yards in the A-3 district shall be less than 25 feet wide; barns, stables and other buildings or structures used to house livestock, grain-fed rodents, or poultry shall be at least 50 feet from the boundary line of any residential land use district. (Ord. 70 2 (part), 1971) 6-1349 - Setback. There shall be a setback (front yard) of at least 25 feet for any building or structure in the A-3 district. (Ord. 70 2 (part), 1971) 6-1350 - Rear yard. There shall be a rear yard of at least 25 feet for any building or structure in the A-3 district. (Ord. 70 2 (part), 1971)
6-1351 - Modifiable sections. Land use permits for the special uses enumerated in Section 6-1343 and variance permits to modify the provisions of Sections 6-1344 to 6-1350, inclusive, may be granted in accordance with the applicable provisions of Chapter 6-1 of this title. (Ord. 70 2 (part), 1971)
Part 4. - Special Land Use Regulations

Chapter 6-14 - WIND ENERGY CONVERSION SYSTEMS Chapter 6-15 - (RESERVED) Chapter 6-16 - DEDICATION OF PARKLAND AND PARK FACILITIES AND PAYMENT OF FEES FOR PARK, TRAIL AND RECREATION PURPOSES Chapter 6-17 - TREE PROTECTION Chapter 6-18 - FLOOD DAMAGE PREVENTION Chapter 6-19 - DESIGN REVIEW OF STRUCTURES OVER 17-0? IN HEIGHT Chapter 6-20 - HILLSIDE DEVELOPMENT Chapter 6-21 - HISTORICAL LANDMARKS Chapter 6-22 - MERGER OF CONTIGUOUS PARCELS Chapter 6-23 - PARKING, VEHICLE STORAGE AND REPAIRS Chapter 6-24 - LOT LINE ADJUSTMENTS
Chapter 6-14 - WIND ENERGY CONVERSION SYSTEMS

Sections:
6-1401 - Purpose and intent. 6-1402 - Definitions. 6-1403 - Land use permits for wind conversion systems. 6-1404 - Application of other provisions governing use permits. 6-1405 - Application information. 6-1406 - Imposition of conditions. 6-1407 - Design and construction standards. 6-1408 - Minimum performance standards. 6-1409 - Abandonment. 6-1410 - WECS for common use.
6-1401 - Purpose and intent. It is the desire of the city to decrease its dependence upon nonrenewable energy resources and to encourage the use of alternative energy sources such as wind energy conversion systems. It is also the desire of the city to regulate and control the installation of wind energy conversion systems in the city. This chapter is intended to delineate the city's policy of ensuring that the peace, health, safety and
welfare of its citizens are protected from inappropriate WECS installations and that the aesthetic and noise aspects of such installations are properly regulated. It is declared that: (a) There shall be no windfarms installed in Lafayette for use as a business for producing electrical power for sale. (b) Except as otherwise provided in this chapter, there shall be no more than one WECS per lot; each WECS shall be located on the same lot as the land use that it serves, or on a contiguous lot, if a suitable easement is available. (c) A planned unit development of more than five dwelling units may have more than one WECS for common or shared usage. (d) Any WECS installation existing prior to the effective date of the ordinance codified in this chapter shall be a legal nonconforming use. (e) The provisions of this chapter shall govern all WECS installations in the city.
(Ord. 278 1 (part), 1982) 6-1402 - Definitions. For the purposes of this chapter, certain terms are defined as follows: (a) "Dominant wind quadrant" means the direction from which 80 percent of the energy contained in the wind flows. (b) "Wind energy conversion system" ("WECS") means a device designed or used for the purpose of converting wind energy into electrical or mechanical power, including all interconnection and auxiliary equipment. (c) "Overspeed control" means a mechanism used to limit the speed of blade rotation to below the safe design limits of the WECS. (d) "Rotor" means the propeller or other device which extracts energy from the windstream by rotating in response to the wind. (e) "Swept area" means the largest area of the WECS which extracts energy from the wind stream. (f) "Total height" means the maximum height reached by the rotor or propeller blade or any other part of the WECS, to be measured from natural grade level at the base of the tower. (g) "Upwind type rotor" means a type of wind generator with the rotor or propeller located upwind of the pole or any other part of the WECS. (h) "Windfarm" means multiple WECS installations at a single property or area for the purpose of generating larger quantities of electrical or mechanical power than is normally possible with a single unit. (Ord. 278 1 (part), 1982)
6-1403 - Land use permits for wind conversion systems. The installation and use of a WECS is permitted in every land use district, subject in each instance to obtaining a land use permit. Any WECS, the installation of which commenced prior to January 1, 1986 shall be considered experimental. Any conditional land use permit issued for such an installation shall be subject to review by the planning commission, and after notice and hearing, subject to either revocation, or the imposition of additional or modified conditions, or the deletion of conditions. (Ord. 278 1 (part), 1982) 6-1404 - Application of other provisions governing use permits. The provisions of Chapter 6-2 of this title shall apply to an application for a WECS to the extent they are not in conflict with this chapter. (Ord. 278 1 (part), 1982) 6-1405 - Application information. An application for a land use permit for a WECS shall be made in writing to the planning director on a form provided by the city, and shall include the following information: (a) Name and address of the applicant;
(b) Evidence that the applicant is the owner of the premises involved or that the applicant has written permission of the owner to make the application; (c) A plot plan and development plan drawn in sufficient detail clearly to describe: (1) Location of property lines, physical dimensions and topographical layout of the proposed site, (2) Scaled and dimensioned drawings of the WECS as proposed for installation, including method of bracing, (3) A scaled, vertical section through the site and WECS in the same plane as the dominant wind quadrant, showing all structures, trees and topographic conditions for a distance of 300 feet on each side of the WECS, (4) Location, dimensions, descriptions of types, and height of every structure within 150 feet of the WECS tower, (5) (6) Location of the proposed WECS, Location of all above-ground utility lines on site,
(7) Location of all above-ground utility lines which are off the site, but which are within a distance from the base of the WECS tower equal to the height of the WECS, including the furthest vertical extension of the rotor assembly, (8) Location of each tree which may potentially grow taller than 35 feet during the lifetime of the WECS within a 150-foot radius of the proposed WECS,
(9)
The location of all transmission facilities proposed for installing the WECS,
(10) The location of all road and other service structures proposed as part of the installation, and the grading necessary for such installation, and (11) An indication of the dominant wind quadrant and estimated velocity. (Ord. 278 1 (part), 1982) 6-1406 - Imposition of conditions. The planning commission, in approving a land use permit for a WECS, may impose certain conditions under which the proposed use may be allowed, which will prevent material damage to adjacent properties and provide suitable safeguards to the public health, safety and general welfare. (Ord. 278 1 (part), 1982) 6-1407 - Design and construction standards. The WECS shall conform with the following construction standards: (a) Compliance with Uniform Building Code. The building permit application shall be accompanied by standard drawings of the structural components of the WECS and support structures, including base and footings. The application shall also include engineering data and calculations to demonstrate compliance of the support structure with seismic and structural design provisions of the Uniform Building Code. Drawings and engineering calculations shall be certified in writing by a California registered structural engineer, or by the manufacturer. Where the structural components of an installation vary from the standard design or specification, the proposed modifications shall be certified by a California registered structural engineer for compliance with the seismic and structural design provisions of the Uniform Building Code. All equipment and materials shall be used or installed in accordance with the approved drawings. (b) Soils Report. The building permit application shall be accompanied by a soils report for the site of each proposed WECS and the WECS structure shall be constructed to meet the requirements of the soils report and be designed for 100-mile-per-hour wind conditions. (c) Compliance with National Electrical Code. The building permit application shall be accompanied by a drawing identifying the location of the metering, protection and control devices and transformer equipment in sufficient detail to allow for a determination that the manner of installation will conform to the provisions for grounding, lightning arrestors, wiring methods, conductors for general wiring, motors, generators, transformers and transformer vaults of the National Electrical Code. The application shall include a statement from a California registered electrical engineer certifying that the electrical system conforms with good engineering practices, complies with the above articles of the National Electrical Code, and will comply with the minimum performance standard of Section 10(1)(b) thereof. The required certification may be supplied by the manufacturer. If the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a California registered electrical engineer for compliance with the requirements of the National Electrical Code and good engineering practices. Certification by a California registered electrical engineer may be used to demonstrate conformance with all applicable requirements of the National Electrical Code. (d) Rotor Safety. A WECS must be equipped with both manual and automatic controls to limit
the rotational speed of the blade below the design limits of the rotor. The building permit application shall include a statement by a California registered mechanical engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer shall certify the compatibility of possible towers and available rotors. Alternately, such certification may be supplied by the manufacturer. (e) Tower Access. Tower climbing apparatus shall be no lower than 12 feet from the ground. All towers shall be equipped with a climbing deterrent apparatus at a height no less than ten feet above the ground, which shall prevent direct climbing of the tower from ground level. In addition to the climbing deterrent, safety fencing to prevent unauthorized access to the tower may be required by the planning commission. (f) Signs. The generator, alternator or service entrance shall be posted with the following information: (1) (2) Maximum power output (kw), rated voltage (volts) and current; Normal and emergency shutdown procedures;
(3) The maximum wind speed the WECS in automatic unattended operation can sustain without damage to structural components or loss of the ability to function normally; and (4) Emergency phone numbers.
(g) Size. This chapter provisionally authorizes a WECS whose swept area is 500 square feet or less. For conventional propeller WECS, the diameter of blade configuration shall not be greater than 25 feet, unless the planning commission finds that the applicant's needs on the site justify a WECS having a greater capacity. (h) Height. Notwithstanding any other provisions of this chapter, the maximum allowed total height, including the highest rotor or propeller blade reach, is 100 feet or the distance from the tower base to any adjacent property line, whichever is less. In no case shall the lowest reach of the propeller blade be less than 20 feet from the ground. (i) Setback. The WECS shall meet all side, rear and front yard setbacks for the site, as prescribed by zoning regulations. (j) Type of Tower and Siting. Only single pole type towers are allowed. Siting must be such as to minimize visual impact. If guy wires are a structural necessity, they shall be attached to the pole at a point not higher than 50 percent of pole height and shall have visual and safety cover below six feet in height above grade at the anchor point. Other than guy wires and climbing deterrent, the tower may not have any ancillary attachments, including, but not limited to, transmitting or receiving antennas or dishes. Tower siting must adhere to the provisions of the hillside and ridgeline preservation regulations, Section 6-2008, relating to the location of structures near major ridgelines. (k) Type of Machine. Only upwind-type wind generator rotors are allowed.
(l) Undergrounding Electrical Lines. Electrical lines serving the WECS shall be installed underground.
(m) Color and Materials. Colors and materials shall be used to minimize all visual impacts of the WECS to the maximum feasible extent. (Ord. 278 1 (part), 1982) 6-1408 - Minimum performance standards. (a) The WECS as constructed and operated shall comply with the following minimum performance standards: (1) Maintenance and inspection records shall be maintained on the site and shall be made available for inspection by city or county officials upon request. (2) No interference with radio or television broadcasting or reception may be caused.
(3) Maximum allowable sound levels are as follows (see Chapter 5-2 of this code for measurement procedure): Measurement Location Any point on neighboring residential property line, 5 feet above grade level, no closer than 3 feet from any wall. Center of any neighboring patio deck, or similar outdoor activity area, 5 feet above grade level, no closer than 3 feet from any wall. Outside the neighboring living area window nearest the WECS location, not more than 3 feet from window opening, but at least 3 feet from any other surface. At 50 ft. from WECS tower if the above locations are at greater distance: In single-family, two-family and multiple family residential districts In other land use districts 50 55 Maximum Sound LeveldBA 45
40
40
(b) Applicant must demonstrate that there is sufficient average wind velocity in the dominant wind quadrant successfully to operate the proposed WECS unit. (c) The planning commission may impose more stringent performance standards, if it finds that the public health, safety and welfare require more stringent standards. (Ord. 278 1 (part), 1982)
6-1409 - Abandonment. A WECS which has not produced energy for one year for reasons other than lack of wind, may be declared abandoned and the land use permit may be revoked, after notice to the property owner and/or tenant, and after hearing before the planning commission. (Ord. 278 1 (part), 1982) 6-1410 - WECS for common use. Contiguous property owners or a planned development project may construct a WECS for use in common, subject to this chapter. In such a case, the planning commission may permit a WECS machine to have a diameter of blade configuration greater than 25 feet, and for the WECS to be located on a lot other than the one it serves. (Ord. 278 1 (part), 1982)
Chapter 6-15 - (RESERVED)
Chapter 6-16 - DEDICATION OF PARKLAND AND PARK FACILITIES AND PAYMENT OF FEES FOR PARK, TRAIL AND RECREATION PURPOSES [4]
(4)
Editor's note Ord. No. 575, 2, adopted July 28, 2008, amended in its entirety the former Ch. 6-16, Art. 1, 6-16016-1604, Art. 2, 6-16116-1624, Art. 3, 6-16306-1636, and enacted a new Ch. 6-16 as set out herein. The former Ch. 6-16 pertained to dedication of land and payment of fees for park and recreation purposes and derived from Ord. 400 1, 1993; Ord. 503 1, 1999; Ord. 548 25.
Sections:
Article 1. - General Provisions Article 3. - Procedures and Administration

6-1601 - Authority. 6-1602 - Compliance with parks, trails and recreation element of general plan. 6-1603 - Supplemental regulations. Lafayette, California, Code of Ordinances Page 187 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-1604 - Definitions. Article 2. - Requirements for Parkland Dedications, Park Facilities, and Fees 6-1611 - Requirements for subdivision. 6-1612 - Requirements for single parcel development. 6-1613 - Requirements for planned unit developments. 6-1614 - General standard for dedication of parkland, park facilities, or payment of fee. 6-1615 - Standards and formula for dedication of land and payment of fees in lieu of dedication of land. 6-1616 - Standards and formula for park facilities fees and park facilities on dedicated parkland. 6-1617 - Partial credit for private open land, trails and recreation facilities. 6-1618 - Credit for public facilities, open land areas, and park facilities. 6-1619 - Limitations on the use of land, park facilities, and fees. 6-1620 - Administration fee.
6-1601 - Authority. This chapter is adopted under Government Code 66000 et seq., 66477, and the city's general police power. (Ord. No. 575, 2, 7-28-2008) 6-1602 - Compliance with parks, trails and recreation element of general plan. The parkland and recreation facilities for which land or the payment of a fee, or both, are required shall be in accordance with the parks, trails and recreation element of the city general plan. (Ord. No. 575, 2, 7-28-2008) 6-1603 - Supplemental regulations. The city council shall adopt regulations to establish fees, administration, procedures, implementation, interpretation and policy considered necessary or desirable to carry out this chapter by resolution. (Ord. No. 575, 2, 7-28-2008) 6-1604 - Definitions. As used in this chapter, unless context otherwise requires: (a) "Development" means: (1) The rezoning of land to the planned (P-1) land use district, when residential uses are involved (a "planned unit development"). (2) In any residential land use district (whether single-family, two-family or multiple family): (A) The division of land into two or more parcels, (B) The conversion of an existing structure to create one or more additional dwelling units, (C) The construction of new dwelling units, (D) Enlargement of the habitable area of existing dwelling units except as set forth in Section 6-1627
(3) (b)
Approval of the construction of a residential unit in a land district other than residential.
"Owner" means and includes the agent, representative, subdivider, developer or applicant.
(c) "Park facilities" means new or upgraded trails, paths, bridges, sport fields, recreational courts, children play areas, picnic areas, restrooms, parking lots and any other facility or structural improvements contained in an approved development plan for a designated park or a planned upgrade for a designated park. (Ord. No. 575, 2, 7-28-2008) Article 2. - Requirements for Parkland Dedications, Park Facilities, and Fees 6-1611 - Requirements for subdivision. As a condition of approval of a tentative map or parcel map (referred to in this chapter as development) the owner of land for residential use, excluding that land which is exempt as provided in the Subdivision Map Act, shall: (1) Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and (2) Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both. (Ord. No. 575, 2, 7-28-2008) 6-1612 - Requirements for single parcel development. As a condition of approval of a permit to build a residential structure on any parcel of land of record or to construct an additional dwelling unit an owner shall: (1) Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and (2) Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both. As a condition of approval of a permit to add habitable living space (including the conversion of a garage or other structures to habitable living space) an owner shall pay a per square foot parkland dedication in-lieu fee and a per square foot park facilities fee. (Ord. No. 575, 2, 7-28-2008) 6-1613 - Requirements for planned unit developments. The owner of land that is reclassified to the planned (P-1) district, as a condition of approval of the development plan, which provides for one or more dwelling units, including apartments or condominiums, shall: (1) Dedicate land for park, trail or recreational purposes, pay a fee in lieu thereof, or do a combination of both; and
(2) Pay a park facilities fee, provide park facilities in conjunction with a parkland dedication, or do a combination of both. (Ord. No. 575, 2, 7-28-2008) 6-1614 - General standard for dedication of parkland, park facilities, or payment of fee. (a) The amount of land to be dedicated for park and recreational facilities, or the payment of fee in lieu thereof, or combination of both, shall not exceed five acres per 1,000 persons residing within a subdivision subject to this chapter. The city shall adopt a resolution, which shall set forth the actual amount of parkland to be dedicated, or fee to paid in lieu thereof, based upon the ratio of the park acreage owned by the city to the total population of the city, as shown in the most recent available federal census. (b) The park facilities fee shall be based upon the ratio of parkland acres per person as specified above in subsection (a), the amount of persons per dwelling unit, and the weighted average facilities cost per acre as set forth in greater detail by resolution. Park facilities may be provided on dedicated parkland to offset payment of part or all of the park facilities fee as provided in Section 6-1616 (c) The parkland in-lieu fee and park facilities fee for residential additions shall be based upon the size of a typical single family home, as set forth in greater detail by resolution. (Ord. No. 575, 2, 7-28-2008) 6-1615 - Standards and formula for dedication of land and payment of fees in lieu of dedication of land. (a) The amount of land to be dedicated and the formula to establish the amount of land to be dedicated and the fee to be paid in-lieu of dedication shall be set forth by resolution. (b) All land offered for dedication shall have access to at least one existing or proposed street open for general public access. This requirement may be waived by the city council if the city council determines that public street access is unnecessary for maintenance of the park area or use thereof. (c) The land to be dedicated under this chapter shall be considered for approval by the city council upon recommendation of the parks, trails and recreation commission and planning commission. (d) Only the payment of fees, not the dedication of lands, may be required in subdivisions containing 50 parcels or less. (1) When a condominium project, stock cooperative, or community apartment project, as those terms are defined in the Civil Code 1351, exceeds 50 dwelling units, notwithstanding that the number of parcels may be less than 50, dedication of land may be required. (2) However, nothing in this subsection precludes the dedication and acceptance of land for park and recreation purposes in subdivisions of 50 parcels or less, where the owner proposes such dedication voluntarily and the land is acceptable to the city council. (e) The owner may be required to, without credit against the amount of land to be dedicated: (1) Provide full street improvements and utility connections pursuant to city standards to land which is dedicated under this chapter;
(2)
Provide improved grading and drainage through the dedicated site; and
(3) Provide other improvements which the approving body determines to be essential to the use of the land. (Ord. No. 575, 2, 7-28-2008) 6-1616 - Standards and formula for park facilities fees and park facilities on dedicated parkland. (a) The standards and formula for setting the park facilities fee shall be set forth by resolution.
(b) Park facilities may be provided under this chapter on parkland that is being dedicated to the city. Part or all of the park facilities fee may be offset based on the cost of the facilities provided. (Ord. No. 575, 2, 7-28-2008) 6-1617 - Partial credit for private open land, trails and recreation facilities. (a) In common interest developments (as defined in the Civil Code 1351), partial credits may be available for private open land, trails or recreation facilities within the development usable for active recreational uses are provided and meet the standards specified below. Partial credits cannot exceed 50 percent against the requirement of land dedication or payment of in-lieu fees for land dedication. (b) An application for partial credit must be submitted to the city manager who will forward it to the parks, trails and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for the official city review. Following action by the planning commission on the tentative map, the question of partial credit shall be scheduled for consideration by the city council based upon the recommendations of the parks, trails and recreation commission and the planning commission. Partial credit may be given only if the city council finds that it is in the public interest to do so and that the standards set forth in the next paragraphs are met. (c) The standards for partial credit for provision of private land against parkland dedication or in-lieu fees are as follows: (1) Yards, median strips, setbacks and other open areas or landscaping required to be maintained by the zoning and building ordinances and regulation shall not be included in the computation of such credit; and (2) The private ownership and maintenance of the area, is adequately provided for by recorded written agreement (to which the city is a party), covenants or restrictions that bind future owners to maintaining the area and the facilities; and (3) The use of the private open land and recreation facilities is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be amended or eliminated without the consent of the city or its successor; and (4) Those elements and facilities proposed for the area are in substantial accordance with the provisions of the open space, parks, school and utilities element of the general plan; and (5) The proposed private land is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, land use compatibility, slope,
topography, geology, natural setting, access and location; and (6) Item Children's play area Passive park area Group picnic area Recreational court area Turf playfield area Swimming pool area Bicycle trail (linear feet) Hiking and/or equestrian trail (linear feet) The private land areas for which credit may be given may include the following: Minimum Area Size 0.50 acre 0.50 acre 0.25 acre 0.25 acre 1.00 acre 0.25 acre 1,000 feet 2,000 feet
Bicycle, hiking and/or equestrian trails refer to neighborhood trails that may join a community or regional trail system. (Under Government Code 66475.1, a developer of over 200 parcels may be required to dedicate bicycle paths.); (d) If park facilities are provided on the private land that is accepted as a partial credit against the parkland dedication or in-lieu fee requirement, an offset of up to 50 percent of the park facilities fee requirement may be granted based upon the cost of such park facilities. The amount of the offset shall be subject to approval by the city council upon recommendation of the parks, trails and recreation commission and the planning commission. An offset may be given only if the city council finds that it is in the public interest to do so. (Ord. No. 575, 2, 7-28-2008) 6-1618 - Credit for public facilities, open land areas, and park facilities. (a) The city council upon recommendations from the parks, trails and recreation commission and planning commission may give full or partial credit against the requirement of land dedication, payment of fees in-lieu of parkland dedication, or park facilities fees for on-site and off-site public park, trail and open space projects that the council finds are of major benefit to the entire community and that are dedicated for public use. Public trails as used in this section are those used on a regional or community-wide basis or which serve as a major artery for a community or regional trail system, and which are used primarily by residents living outside the subdivision. (b) An application for credit must be submitted to the city manager who will forward it to the parks, trails and recreation commission, with a copy to the planning commission, no later than at the time the tentative map is submitted for the official city review. Following action by the planning commission on the tentative map, the question of credit shall be scheduled for consideration by the city council based upon the recommendations of the parks, trails and recreation commission and the planning commission. Credit may be given only if the city council finds that it is in the public interest to do so. (Ord. No. 575, 2, 7-28-2008)
6-1619 - Limitations on the use of land, park facilities, and fees. The land, park facilities and fees collected, or a combination thereof, shall be used only for the purpose of developing new or upgrading existing city-owned park or recreation facilities. (Ord. No. 575, 2, 7-28-2008) 6-1620 - Administration fee. An administration fee shall be charged to cover the administration costs associated with the dedication of parkland and facilities, the parkland fee, and park facilities fee. The administration fee shall be paid in conjunction, and at the same time, with the dedication of land and park facilities, the payment of fees or a combination of both as provided in this Chapter. This administration fee shall be set forth by resolution of the city council. (Ord. No. 575, 2, 7-28-2008)
Article 3. - Procedures and Administration

6-1621 - Establishment and development time. 6-1622 - Refunds. 6-1623 - Sale of dedicated land. 6-1624 - Proposal as to dedication of land, park facilities or payment of fees. 6-1625 - Decision of planning commission on requirement for land dedication, park facilities or payment of fees. 6-1626 - Time and manner of satisfying requirement. 6-1627 - Exemptions. 6-1628 - Development of facilitiesSpecific schedule. 6-1629 - Administration.
6-1621 - Establishment and development time. Before city approval of a final map, the parks, trails and recreation commission shall have recommended and the city council shall have established a schedule specifying how, when and where the city will use the land or fees, or both, to develop park or recreational facilities. (Ord. No. 575, 2, 7-28-2008) 6-1622 - Refunds. All land dedicated, park facilities provided, or fees paid shall be held by the city only for the purposes described in Section 6-1619. (a) Parkland dedication fees collected under this chapter 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 a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among 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. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed or paid
for a specific project, to accomplish a specific purpose with the scope of Section 6-1619 (b) Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected for park facilities, as provided for in the Mitigation Fee Act, Government Code 66006(b)(1)(F), to complete financing on incomplete public facilities and the public facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the parkland facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the park improvement fee, and any interest accrued thereon. (Ord. No. 575, 2, 7-28-2008) 6-1623 - Sale of dedicated land. If, during the ensuing time between dedication of land for park purposes and commencement of first stage development, circumstances arise which indicate that another site would be more suitable for local park, trail or recreational purposes (such as receipt of a gift of additional park and or a change in school location), the land may be sold upon the approval of the city council with the resultant funds being used for the purchase of a more suitable site. (Ord. No. 575, 2, 7-28-2008) 6-1624 - Proposal as to dedication of land, park facilities or payment of fees. (a) At the time of the submittal of a tentative map for official city review or an application for a building permit when no map is required, the owner shall indicate a preference for dedicating land, paying a fee, or a combination of both. If the owner prefers to dedicate land, the owner shall designate it and clearly identify those elements for which the owner is requesting partial credit. Additionally, the owner shall provide evidence of how the dedicated land is to be maintained to a standard acceptable to the approving body. (b) At the time of the submittal of a tentative map for official city review or an application for a building permit when no map is required, the owner shall indicate a preference for paying a park facilities fee, providing park facilities on dedicated parkland, or a combination of both. If the owner prefers to provide park facilities, the owner shall identify the park facilities and clearly identify those elements for which the owner is requesting an offset of the fees. Additionally, the owner shall provide evidence of how the park facilities are to be maintained to a standard acceptable to the approving body. (Ord. No. 575, 2, 7-28-2008) 6-1625 - Decision of planning commission on requirement for land dedication, park facilities or payment of fees. (a) At the time of approval of the development, the planning commission upon recommendation of the parks, trails and recreation commission shall determine whether to require the dedication of land within the development or the payment of a fee instead, or a combination of both. In making this determination, the planning commission shall consider the following factors: (1) Whether or not the land offered for dedication substantially complies with the park and recreation, open space, schools and utilities elements of the general plan; and
(2) The topography, soils, soil stability, drainage, access, location and general utility of the land proposed for dedication; and (3) The size and shape of the development and land proposed to be dedicated; and
(4) The availability of school playgrounds, public parklands and recreational trails in the area and whether or not these can be combined with the land proposed to be dedicated for park and recreational facilities; and (5) Privately owned park and recreational facilities permanently available and maintained for use by future residents of the development, including any partial credit to be applied pursuant to Section 6-1617 that has been approved by the city council; and (6) Credit to be applied pursuant to Section 6-1618 that has been approved by city council.
(b) At the time of approval of the development, the planning commission upon recommendation of the parks, trails and recreation commission shall also determine whether the provision of park facilities on dedicated parkland, or the payment of a fee, or a combination of both, is acceptable, including any private facility partial credit (Section 6-1617) or public facility credit (Section 6-1618) approved by the city council. (Ord. No. 575, 2, 7-28-2008) 6-1626 - Time and manner of satisfying requirement. The time and manner for satisfying the requirements imposed by this chapter upon the development of land are as follows: (a) When land is to be dedicated, it shall be offered for dedication in substantially the same manner as property offered for dedication for street and other public purposes. (b) When park facilities are to be provided, they shall be offered to the city at the time of recording of the final map or parcel map or issuance of the building permit, whichever occurs first. (c) When a fee is required, it shall be paid to the city at the time of the recording of the final map or parcel map or issuance of the building permit, whichever occurs first. (Ord. No. 575, 2, 7-28-2008) 6-1627 - Exemptions. (a) A permit to rebuild a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the habitable area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition. (b) This chapter does not apply to subdivisions containing less than five parcels and not used for residential purposes. However, the city shall place the following condition on the parcel map approval of subdivision: If, within four years, a building permit is requested for construction of a residential structure on one or more of the parcels, the owner of each such parcel is required to comply with this chapter before the permit is issued.
(c) This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added. (d) No fee, land dedication, nor park facility is required on a parcel for which the requirements of this chapter have previously been met, unless the owner proposes to build a residential structure to add habitable floor area to an existing dwelling unit or to build a second unit on the parcel. If a lesser fee was paid when a subdivision map was recorded the owner shall pay the difference between the amount previously paid and the amount required by the currently approved city fees. (e) No fee is required for additions to residences of less than 120 square feet of habitable space.
(Ord. No. 575, 2, 7-28-2008) 6-1628 - Development of facilitiesSpecific schedule. The applicant shall provide a report on the schedule of development to the planning commission and parks, trails and recreation commission when submitting the final map to the city. At the time the city approves the final map, parcel map or building permit, the city shall designate when the owner must begin and complete development of the park, trails and recreational facilities, including either on-site or off-site park facilities. (Ord. No. 575, 2, 7-28-2008) 6-1629 - Administration. The fees and interest earned thereon shall be accounted for accordingly in a separate parkland dedication fund and park facilities fund by the city manager until committed by the city." (Ord. No. 575, 2, 7-28-2008)
Chapter 6-17 - TREE PROTECTION [5]

Editor's note Ord. No. 593, 1(Exh. A), adopted Mar. 22, 2010, repealed the former Ch. 6.17, 6-17016-1712, and enacted a new Ch. 6.17 as set out herein. The former Ch. 6.17 pertained to tree protection and derived from Ord. 539 1 (part), 2003.
(5)
Sections:
6-1701 - Purpose and findings. 6-1702 - Definitions. 6-1703 - Destruction of a protected tree. 6-1704 - Permit required to remove a protected tree. 6-1705 - Exceptions. 6-1706 - Permit category I: Protected tree on property not associated with development application. 6-1707 - Permit category II: Protected tree on developed or undeveloped property associated with development application.
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-1708 - Tree maintenance by private parties. 6-1709 - Restriction on the issuance of a development permit. 6-1710 - Restitution and replacement of protected trees. 6-1711 - Enforcement. 6-1712 - Appeal. 6-1713 - Nonliability of the city.
6-1701 - Purpose and findings. (a) Purpose. The city of Lafayette consists of oak woodland and savannah covered hills, and valleys that originally contained many large and majestic trees, orchards and creeks lined with giant valley oak, madrone, buckeye and black walnut trees. Historically, in the course of development, especially for residential purposes, many of these original trees were destroyed. It is now recognized that the preservation of trees enhances the natural scenic beauty, increases property values, encourages quality development, aids in tempering the effect of extreme temperatures, helps to reduce air and noise pollution, furnishes habitat for wildlife and gives Lafayette an identity and quality that enhances the environment for all residents and the business community. The Lafayette general plan has goals and policies for the preservation of the community's biological resources, including its trees, and it is the purpose of this chapter to implement these goals and policies. (b) Findings. The city council finds that: (1) The policies of the city are to protect existing woodlands and their associated vegetation, protect native trees, preserve riparian habitat, encourage the planting of native species, and avoid the cutting of mature trees. (2) In order to implement these policies and to promote the public health, safety and welfare, it is necessary to protect existing trees and require the replacement of trees that have been destroyed or removed. (3) Protected trees are valuable assets to the city and the community, and the public shall be compensated when a protected tree is destroyed or removed in a manner that is not in compliance with this chapter. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1702 - Definitions. In this chapter, unless the context otherwise requires: (a) "Arborist" is a person having one of the following qualifications: (1) (2) Current listing as a certified arborist by the International Society of Arboriculture; or Current American Society of Consulting Arborists registered consulting arborist.
(b) "Arborist report" means a report of an arborist developed in a manner consistent with the guidelines for report writing by the American Society of Consulting Arborists on the following: (1) (2) Description of the tree's location, genus, species, diameter and dripline; Health and condition of the tree, including existing hazards to the tree;
(3)
Potential impact of development on the tree or existing tree condition;
(4) Evaluation of preservation potential based on the tree's existing condition and in relation to any potential development; and (5) Recommendations for protection and preservation techniques and requirements, including restorative or other remedial actions that might be feasible to maintain and improve tree health or to assure survival. (c) "Commercial zoning district" means business and commercial districts as further defined in Chapter 6-9 of the Lafayette Municipal Code. (d) "Construction" means the act of placing, erecting, modifying or relocating a structure or the act of preparing property for such work, including clearing, stockpiling, trenching, grading, compaction, paving or change in ground elevation. (e) "Defensible space" means the area within the perimeter of a parcel providing a key point of defense from an approaching wildland or escaping structure fire, as defined by Section 316.2 of the California Fire Code. Defensible space rarely requires the complete removal of a tree. Trees may be maintained provided they are well spaced, well pruned, and do not create a 'fire ladder' that would promote the spread of fire to a structure. When defensible space warrants complete removal of a tree, the tree is typically of a non-native species, is completely dead, or contains substantial amounts of dead branches or leaves/needles that would readily burn. (f) "Destroy" means an action that kills or endangers the health or vigor of a tree, and includes removal, relocation, excessive or improper pruning, topping, grading, irrigation, application of chemicals, trenching within the drip line or protected perimeter, soil compaction within the protected perimeter, or damage caused to the trunk or primary limbs during construction. (g) "Developed property" means an existing lot of record that has an existing legal dwelling unit as defined in Section 6-320 (h) "Development application" means an application to subdivide, alter, develop or use a property that, if approved, will require the issuance of a development permit, including a building or grading permit that may potentially result in the removal or destruction of a protected tree. (i) "Diameter" means the distance across the tree from outside bark to outside bark with the distance being determined by the circumference of the tree measured at 4.5 feet above the natural grade of the tree (also known as diameter at standard height) and divided by (3.1416). The diameter of a multi-trunk tree is the sum of the diameters of its component trunks. (j) "Dripline area" means the area surrounding tree trunk whose outer perimeter is defined by the length of the outermost branch tips. (k) "Manager" means the planning and building services manager or the manager's designee.
(l) "Native riparian species" means a tree or plant indigenous to a riparian habitat along a perennial or intermittent creek, stream or other watercourse and that is within 30 feet of the top of a creek bank or that is beyond 30 feet but in such proximity to a creek bank that it requires or tolerates soil moisture levels in excess of that available in adjacent uplands. (m) "Native species" means a tree or plant indigenous to a Lafayette oak woodland, chaparral,
grassland or riparian habitat. (n) "Planting program" means the planting of native species on public or private property, including but not limited to trails, parks, and creeks, for the purposes of restoration, re-vegetation, and/or landscaping for the benefit of the public. (o) "Protected area" means the delineated area encompassing the rooting zone of a tree to be protected from encroachment by construction activities. The area is determined by projecting from the base of the trunk two feet for every one inch of trunk diameter. (p) "Protected tree" means a tree on public or private property meeting one or more of the following standards: (1) Developed Property. Located on a developed property, that has a trunk diameter of 12 inches or more, and that is one of the following species: Coast live oak (Quercus agrifolia) Canyon oak (Quercus chrysolepis) Blue oak (Quercus douglasii) White oak (Quercus garryana) Black oak (Quercus kelloggii) Valley oak (Quercus lobata) Interior live oak (Quercus wislizenii) California bay (Umbellularia californica) California buckeye (Aesculus californica) Madrone (Arbutus menziesii) (2) Approved Development Application. Of any size or species and designated to be protected and preserved as part of an approved development application; (3) Riparian Tree. Is a native riparian tree with a trunk diameter of six-inches or more or one component trunk of a multi-trunked tree with a diameter of four-inches or more and that is one of the following species: Bigleaf maple (Acer macrophyllum) Boxelder (Acer negundo) White alder (Alnus rhombifolia) Black walnut (Juglans hindsii) Cottonwood (Populus fremontii) Red willow (Salix laevigata)
Arroyo willow (Salix lasiolepis) Coast live oak (Quercus agrifolia) Valley oak (Quercus lobata) California bay (Umbellularia californica) California buckeyes (Aesculus californica) Blue Elderberry (Sambucus Mexicana, caerulea, or glauca) (4) Undeveloped Property. Of any species with a diameter of six inches or more and located on an undeveloped property; (5) Replacement Tree. Is a replacement tree planted as restitution for a violation of this chapter;
(6) Restricted Ridgeline Area. Is a native tree of any size or species within a restricted ridgeline area; (7) Street Trees. Is a tree of any size or species and is located within a public right-of-way or a private access easement; or (8) Downtown Tree. Is a tree of any size or species within a commercial zoning district.
(q) "Pruning" means the removal of tree parts. Proper pruning is performed in a manner intended to achieve a specific goal while minimizing the negative effects on the tree. Excessive or improper pruning is that which employs techniques that result in negative physiological or structural impacts on the tree. Improper pruning includes topping. Excessive or improper pruning includes removing one-fourth (25 percent) or more, of the functioning leaf, stem or root area. (r) (s) "Relocate" means to move a tree from one location to another, either on-site or off-site. "Remove" means to cut down completely or extract a tree.
(t) "Restricted ridgeline area" means a class III ridgeline or an area within 400 feet of a class I ridge or 250 feet of a class II ridge, as designated on the Lafayette Area Ridge Map pursuant to subsection 6-2004(A.1.) (u) "Topping" means a pruning cut that removes the main stem or stems between nodes, buds or laterals or a to lateral branch or limb not large enough to assume the terminal role that would result in serious decay and/or permanent alteration of the tree's structure. (v) "Tree" means a large woody perennial plant with one or more trunks that generally reaches a minimum height of ten feet at maturity. It does not include shrubs shaped to tree forms. (w) "Tree education program" means the preparation of materials, holding of workshops, and other methods to disperse information to provide public knowledge and outreach about the maintenance, preservation, and benefits of native species. (x) "Undeveloped property" means a vacant parcel without an existing legal dwelling unit as defined in Section 6-320
(Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1703 - Destruction of a protected tree. It is a violation of this chapter for any person to remove or destroy a protected tree without a category I or category II permit under Sections 6-1706 or 6-1707, or without the approval of an exception under Section 6-1705. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1704 - Permit required to remove a protected tree. A category I or category II permit under Sections 6-1706 or 6-1707 is required to remove or destroy a protected tree. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1705 - Exceptions. (a) A person seeking an exception to the requirements of this chapter shall file a written request with the manager, together with the necessary information that sets forth the basis upon which the applicant believes an exception warranted. The manager shall review the information submitted and may request additional documentation. The manager will evaluate the request as it relates to the five circumstances outlined in subsection (b) of this section and shall either approve, conditionally approve, or deny the exception. The applicant shall be required to pay all costs of the city's processing of the request including verification of the information submitted. (b) An exception to the requirements of this chapter may be granted: (1) When a hazardous or dangerous condition requires immediate action to protect life or property as determined by the manager or when the imminent threat is certified by an arborist and an emergency tree removal permit is granted by the manager. The manager may impose reasonable conditions, such as planting trees pursuant to subsection 6-1707(g); (2) Under emergency conditions when ordered by the manager, an official of the Contra Costa County Fire Protection District, or an official of the Contra Costa County Building Department; (3) To maintain defensible space on land covered by flammable material, as required by Public Resources Code 4291 and evaluated and approved by the manager with consultation with the Contra Costa County Fire Protection District; (4) To maintain an unobstructed flow of water for flood control safety in a creek or other waterway as determined by the city engineer or the public works manager; or (5) When the city must remove a protected tree to protect the health, safety and general welfare of the community. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1706 - Permit category I: Protected tree on property not associated with development application. (a) Permit Required. A category I permit is required to remove or destroy a protected tree on property
not currently associated with a development application or that will not be associated with a development application for a minimum of one year from the date of the issuance of the permit. (b) Application. An application for a category I permit shall be filed with the manager on a form approved by the city together with a fee fixed by resolution of the city council. The application shall include the following information: (1) (2) Identification of the location, species and diameter of each protected tree to be removed; Statement justifying the permit request; and
(3) Supplemental information as may be necessary for the manager to properly review the application, such as photographs or an arborist report concerning the health and quality of the tree and possible alternative actions. (c) Application Review. The manager shall review the application and inspect the subject tree. The manager may refer the application to the design review commission, planning commission, or city council. The manager may refer the application to an arborist or landscape consultant with arborist certification for additional review and report. The applicant shall pay the costs of this additional review and report. (d) Determination. Within 30 days of deeming an application complete, the manager shall approve, conditionally approve, or deny the application. If the application is referred to the design review commission, planning commission, or city council, then the application shall be approved, conditionally approved, or denied within 60 days of the date the application is deemed complete. In acting on the application, the manager, design review commission, planning commission, or city council shall consider the following: (1) (2) Health, condition and form of the tree; Number, size and location of other trees to remain in the area;
(3) Relationship of the property to riparian corridors, a scenic or biological resource area or a restricted ridgeline area; (4) (5) Role of the tree in a tree grove or woodland habitat; Value of the tree to the neighborhood in terms of visual effect, wind screening and privacy;
(6) Damage caused by the tree to utilities, streets, sidewalks or existing private structures or improvements; (7) (8) Role of the tree in mitigating drainage, erosion or geologic stability impacts; and Health and condition of the area within the protected perimeter.
(e) Permit Conditions. The permit may include reasonable conditions, such as planting replacement trees pursuant to subsection 6-1707(g). (f) Expiration of Permit. The permit is valid for 60 days from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire.
(Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1707 - Permit category II: Protected tree on developed or undeveloped property associated with development application. (a) Permit Required. A category II permit is required if the proposed construction may result in the destruction or removal of a protected tree. (b) Application. An application for a category II permit shall be filed with the manager concurrently with the development application. The category II application shall be on a form approved by the city together with a fee fixed by resolution by the city council. The application shall include the following information: (1) Depending on the type of development application, one of the following is required: a. Site plan showing the trunk location, diameter, species and dripline of each protected tree within 50 feet of any proposed construction on the subject property and adjacent properties and indicating which protected tree is proposed to be pruned or removed; or b. For those development applications that require a survey by a licensed surveyor or engineer, a field-verified topographical survey showing the trunk location, elevation at the base, diameter, species and accurate dripline of each protected tree within 100 feet of any proposed construction on the subject property and adjacent properties, and a table that identifies each protected tree, its diameter and species, and whether the tree is proposed to be pruned or removed; and (2) (3) Arborist report; Statement justifying the removal of each protected tree;
(4) Evidence of compliance with the requirements of responsible agencies for the removal of a protected tree if applicable; and (5) Supplemental information required by the manager.
(c) Application Review. The category II permit application shall be reviewed concurrently with the development application by the manager, design review commission, planning commission or city council as required by type of development application. The manager may refer the applicant's arborist report to an arborist for peer review. The applicant shall pay the cost of a peer review. (d) Determination. Within 30 days of deeming an application complete or within the time limit associated with the review of the discretionary development application, the manager, design review commission, planning commission, or city council shall approve, conditionally approve, or deny the application based on the factors in subsection 6-1706(d) and the following additional factors: (1) Necessity for the pruning or removal in order to construct a required improvement on public property or within a public right-of-way or to construct an improvement that allows reasonable economic enjoyment of private property; (2) Extent to which a proposed improvement may be modified to preserve and maintain a protected tree; and
(3) Extent to which a proposed change in the existing grade within the protected perimeter may be modified to preserve and maintain a protected tree. The city shall not issue a building permit or a grading permit until after the manager, design review commission, planning commission, or city council makes a determination on the category II permit. (e) Permit Condition. An approved category II permit shall include a condition where the applicant shall guarantee the health and vigor of each protected tree to be preserved during construction as provided in subsection (f) of this section and shall enter into a landscape maintenance agreement with the city assuring the long-term maintenance of the protected trees. The applicant shall replace a protected tree that is removed or destroyed without approval as provided in section 6-1710 (f) Tree Protection During Construction. The applicant shall comply with the following requirements: (1) Before the start of construction, the applicant shall install fencing per city specifications at the perimeter of the protected area, or other area identified in an arborist report, of each protected tree to be preserved as shown on the approved construction plans. The manager shall inspect and approve the fencing and its location before the issuance of a development permit. (2) No construction may occur within the perimeter of the protected area unless approved as a condition of the application. The manager may require an arborist to be present to observe the construction and prepare a report identifying further requirements for tree protection upon completion of construction. (3) No construction may occur within the perimeter of the protected area until pruning of the tree required for access of construction equipment is completed under the supervision of an arborist. (4) Under each circumstance where an arborist is required to supervise or observe construction, the arborist may require additional mitigation measures or halt construction if necessary to protect the subject trees. The applicant shall pay the costs of an arborist's supervision or observation. (5) The parking or storing of a vehicle, construction trailer, equipment and material shall not be allowed within the perimeter of the protected area of a tree to be preserved. (g) Protected Tree Replacement. When the removal or destruction of a protected tree is permitted, the applicant shall comply with the following requirements: (1) For each six inches or its fraction of the diameter of the tree to be removed, two 15-gallon trees shall be planted. If the tree that is removed is listed in subsections 6-1702(p)(1) and 6-1702(p)(3), each replacement tree shall be: a. b. The same genus and species as the removed or destroyed tree; or An alternative species approved by the manager.
(2) The manager may require larger trees for the benefit of the project. In addition, the manager, design review commission, planning commission or city council may substitute a lesser number of larger trees or another species based on the finding from an arborist that such a substitution will be more beneficial to the health and vigor of other protected trees on the property. The following qualify as substitution ratios: a. One 24-inch box sized tree equals two 15-gallon replacement trees;
b. c. d. e.
One 36-inch box sized tree equals four 15-gallon replacement trees; One 48-inch box sized tree equals eight 15-gallon replacement trees; One 60-inch box sized tree equals 16 15-gallon replacement trees; or One 72-inch box sized tree equals 32 15-gallon replacement trees.
(3) If the property associated with the development application cannot accommodate a replacement tree, as a condition of the permit, the applicant shall make an in-lieu payment of an amount set by resolution by the city council for each 15-gallon replacement tree. The in-lieu payment shall be used by the city for a tree education and planting program. The manager shall waive the in-lieu payment when the protected tree is not a native species and is located on an undeveloped property. (h) Permit Expiration. A permit is valid for the same period of time as the approved development permit. If the work authorized by the permit is not started before the expiration date, the permit expires. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1708 - Tree maintenance by private parties. Except for trees planted by the city, it shall be the property owner's responsibility to maintain trees within the public right-of-way directly adjacent to private property. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1709 - Restriction on the issuance of a development permit. A development permit may not be issued for construction on a property upon which a protected tree was destroyed or removed without a permit for a period of five years from the date of violation as determined by the manager. The manager may waive this time limit if the tree is replaced as provided in Section 6-1710. The restriction on the issuance of a development permit applies to a successor-in-interest in the subject property. Upon transfer of the property, the owner shall notify the successor-in-interest of the violation of this chapter. The manager may record a notice of violation on the property with the Contra Costa County Recorder. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1710 - Restitution and replacement of protected trees. A person who destroys or removes a protected tree in violation of this chapter shall pay restitution to the city by replacing each six inches or its fraction of the diameter of the protected tree with four replacement 24-inch box trees of the same species. The replacement trees shall be planted on the property on which the protected tree was destroyed or removed. Based on a report by an arborist that includes an appraisal of the damage, where feasible, and recommendations for replacement, the manager may impose additional requirements to ensure the health of the replacement trees for a minimum of two years and/or may authorize the substitution of a greater number of smaller trees, lesser number of larger trees or on another property if it is found that a substitution is more beneficial to health and vigor of other protected trees on the property. The person responsible for the destruction or removal of a protected tree shall pay the cost of the arborist report.
If the manager determines the property cannot accommodate replacement trees, an in-lieu payment of an amount set by resolution by the city council shall be required for each replacement tree. All in-lieu payments shall be used by the city for tree education programs or planting programs. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1711 - Enforcement. A person who violates this chapter is liable in a civil action in an amount set by resolution by the city council for each violation. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1712 - Appeal. An appeal of a decision made pursuant to this chapter is governed by Sections 6-217 through 6-238 or Section 8-2110. (Ord. No. 593, 1(Exh. A), 3-22-2010) 6-1713 - Nonliability of the city. Nothing in this chapter imposes liability upon the city or its officers or employees, or relieves the owner or occupant of private property from the duty to keep in safe condition a tree or other vegetation upon private property or upon or within a public right-of-way or easement adjacent to the private property. (Ord. No. 593, 1(Exh. A), 3-22-2010)
Chapter 6-18 - FLOOD DAMAGE PREVENTION

Sections:
Article 1. - General Provisions Article 1. - General Provisions Article 2. - Applications Article 3. - Administration Article 4. - Standards for Flood Hazard Reduction Article 5. - Creek Setback Requirements Article 6. - Flood Hazard Variance Procedure

6-1801 - Findings of fact. 6-1802 - Statement of purpose. 6-1803 - Methods of reducing flood losses. 6-1804 - Definitions.
6-1801 - Findings of fact. (a) The flood hazard areas of the city of Lafayette are subject to periodic inundation which could result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss. (Ord. 512 1 (Appx. A (part)), 2000) 6-1802 - Statement of purpose. It is the purpose of this chapter to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specified areas by provisions designed to: (a) (b) Protect human life and health; Minimize expenditure of public money for costly flood-control projects;
(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (d) Minimize prolonged business interruptions;
(e) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard; (f) Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas; (g) Ensure that potential buyers are notified that property is in an area of special flood hazard;
(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; (i) Protect persons and property along creek channels; and
(j)
Protect the natural environment along creeks to the extent feasible.
(Ord. 512 1 (Appx. A (part)), 2000) 6-1803 - Methods of reducing flood losses. In order to accomplish its purposes, this chapter includes methods and provisions for: (a) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; (b) Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (c) Controlling the alteration of natural floodplains, stream channels, and natural protective barriers which help accommodate or channel floodwaters; (d) Controlling filling, grading, dredging and other development which may increase flood damage; and (e) Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. (Ord. 512 1 (Appx. A (part)), 2000) 6-1804 - Definitions. In this chapter, unless the context otherwise requires: "Accessory Use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located. "Alluvial fan" means a geomorphologic feature characterized by a cone or fan-shaped deposit of boulders, gravel, and fine sediments that have been eroded from mountain slopes, transported by flood flows, and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration. "Apex" means the point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front. "Appeal" means a request for a review of the city engineer's interpretation of a provision of this chapter or a request for a variance. "Area of shallow flooding" means a designated AO or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Area of Special Flood Hazard. See "Special flood hazard area." "Area of special flood-related erosion hazard" means the land within a community which is most likely to be subject to severe flood-related erosion losses. The area may be designated as Zone E on the
flood insurance rate map (FIRM). "Base flood" means the flood having a one-percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this chapter. "Basement" means any area of the building having its floor subgrade (below ground level) on all sides. "Breakaway walls" means any walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic or any other suitable building material, which are not part of the structural support of the building and which are designed to break away without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by floodwaters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than 20 pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions: (1) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and (2) The elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of the base flood. Building. See "Structure." Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain. "Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. "Expansion to an existing manufactured home pard or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads.) "Flood," "flooding" or "floodwater" means: (1) A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and (2) The condition resulting from flood-related erosion;
(3) The collapse or subsidence of land along a body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or
suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which results in flooding as defined in this definition. "Flood boundary and floodway map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of flood hazards and the floodway. "Flood hazard boundary map" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated the areas of flood hazards. "Flood insurance rate map (FIRM)" is the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the city. "Flood Insurance Study" is the official report provided by the Federal Insurance Administration that includes flood profiles, the flood insurance rate map, the flood boundary and floodway map, and the water surface elevation of the base flood. "Flood-related erosion" means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical level or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusually and unforeseeable event which results in flooding. "Flood-related erosion area" of "flood-related erosion prone area" means a land area adjoining the shore of a lake or other body of water, which due to the composition of the shoreline or bank and high water levels or wind-driven currents, is likely to suffer flood-related erosion damage. "Flood-related erosion area management" means the operation of an overall program of corrective and preventive measures for reducing flood-related erosion damage, including but not limited to emergency preparedness plans, flood-related erosion control works, and floodplain management regulations. "Floodplain" or "flood-prone area" means any land area susceptible to being inundated by water from any source (see definition of "Flooding"). "Floodplain administrator" means the individual appointed to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans. "Floodplain management regulations" means this chapter and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading ordinance and erosion control ordinance) and other applications of police power which control development in flood-prone areas. This term describes such federal, state or local regulations in any combination thereof, which provide standards for the purpose of preventing and reducing flood loss and damage. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents. (Refer to FEMA Technical Bulletins TB 1-93, TB 3-93 and TB 7-93 for guidelines on dry and wet floodproofing.) "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The floodway is delineated on the flood boundary and floodway map. Also referred to as "regulatory floodway." "Floodway fringe" means that area of the floodplain on either side of the "regulatory floodway" where encroachment may be permitted. "Fraud and victimization" as related to Article 6, Flood Hazard Variance Procedure, of this chapter, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the city council will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, but does not include long-term storage or related manufacturing facilities. "Governing body" is the local governing unit, i.e., county or municipality, that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry. "Hardship" as related to Article 6, Flood Hazard Variance Procedure, of this chapter means the exceptional hardship that would result from a failure to grant the requested variance. The city council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement) (see "Basement" definition). (1) An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this chapter, including but not limited to: (A) The wet floodproofing standard in Section 6-1834(d); (B) The anchoring standards in Section 6-1832 (C) The construction materials and methods standards in Section 6-1833; and (D) The standards for utilities in Section 6-1836 (2) For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see "Basement" definition). This prohibition includes below-grade garages and storage areas. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle." "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for sale or rent. "Market value" shall be determined by estimating the cost to replace the structure in new condition and adjusting that cost figure by the amount of depreciation which has accrued since the structure was constructed. The cost of replacement of the structure shall be based on a square foot cost factor determined by reference to a building cost estimating guide recognized by the building construction industry. The amount of depreciation shall be determined by taking into account the age and physical deterioration of the structure and functional obsolescence as approved by the floodplain administrator, but shall not include economic or other forms of external obsolescence. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences. "Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's flood insurance rate map are referenced. "New construction" means, for flood management purposes, structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter, and
includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the ordinance codified in this chapter. "Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream. One-hundred-year-flood or 100-year-flood. See "Base flood." "Person" means an individual or his agent, firm, partnership, association or corporation, or agent of the aforementioned groups, or this state or its agencies or political subdivisions. "Public safety and nuisance" as related to Article 6, Flood Hazard Variance Procedure, of this chapter means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin. "Recreational vehicle" means a vehicle which is (1) (2) (3) Built on a single chassis; 400 square feet or less when measured at the largest horizontal projection; Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Regulatory floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. "Remedy a violation" means to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of this chapter or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development. "Riverine" means relating to, formed by or resembling a river (including tributaries), stream, brook, etc. Sheet Flow Area. See "Area of shallow flooding."
"Special flood hazard area (SFHA)" means an area in the floodplain subject to a one percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, A1 - 30, AE, AO, A99 or AH. "Start of construction" includes substantial improvement and other proposed new development, and means the date the building permit was issued, provided, the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footing, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision, "start of construction" is the date on which the construction of facilities for serving the site on which the manufactured home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed. "Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank as well as a manufactured home; "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (2) Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places or designated by the city as an Historical Landmark; provided, that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" or "flood hazard variance" means a grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter. "Violation" means the failure of a structure or other development to be fully compliant with the city's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this chapter is presumed to be in violation until such time as that documentation is provided.
"Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. "Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. (Ord. 512 1 (Appx. A (part)), 2000)
Article 2. - Applications
6-1811 - Lands to which this chapter applies. 6-1812 - Basis for establishing the areas of special flood hazard. 6-1813 - Compliance. 6-1814 - Abrogation and greater restrictions. 6-1815 - Interpretation. 6-1816 - Warning and disclaimer of liability. 6-1817 - Severability.
6-1811 - Lands to which this chapter applies. This chapter applies to all areas of special flood hazards within the jurisdiction of the city of Lafayette, California. (Ord. 512 1 (Appx. A (part)), 2000) 6-1812 - Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the "Flood Insurance StudyCity of Lafayette, California, Contra Costa County," (FIS) dated July 2, 1987, and accompanying flood insurance rate map (FIRMs) and flood boundary and floodway maps (FBFMs), dated July 25, 1988, and all subsequent amendments and/or revisions, are adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the city council by the floodplain administrator. The flood insurance study, FIRMs and FBFMs are on file at the City Office, 3675 Mt. Diablo Blvd., Suite 210, Lafayette, CA 94549. (Ord. 512 1 (Appx. A (part)), 2000) 6-1813 - Compliance. No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the city council of the city from taking such lawful action as is necessary to prevent or
remedy any violation. (Ord. 512 1 (Appx. A (part)), 2000) 6-1814 - Abrogation and greater restrictions. This chapter is not intended to repeal, abrogate or impair existing easements, covenants or deed restrictions. However, where this chapter and other ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 512 1 (Appx. A (part)), 2000) 6-1815 - Interpretation. In the interpretation and application of this chapter, all provisions shall be: (a) (b) (c) Considered as minimum requirements; Liberally construed in favor of the governing body; and Deemed neither to limit nor repeal any other powers granted under state statutes.
(Ord. 512 1 (Appx. A (part)), 2000) 6-1816 - Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the city of Lafayette, any officer or employee thereof, the state of California, or the Federal Insurance Administration, Federal Emergency Management Agency for flood damage that results from reliance on this chapter or an administrative decision lawfully made hereunder. (Ord. 512 1 (Appx. A (part)), 2000) 6-1817 - Severability. This chapter and the various parts thereof are declared to be severable. Should any section of this chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid. (Ord. 512 1 (Appx. A (part)), 2000)
Article 3. - Administration
6-1821 - Establishment of development permit. Lafayette, California, Code of Ordinances Page 216 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-1822 - Designation of the floodplain administrator. 6-1823 - Duties and responsibilities of the floodplain administrator. 6-1824 - Interpretation.
6-1821 - Establishment of development permit. A development permit must be obtained before construction or development begins within any area of special flood hazard established in Section 6-1812. Application for a development permit shall be made on forms furnished by the city engineer and may include, but not be limited to: plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required: (a) Site plan, including but not limited to: (1) For all proposed structures, spot ground elevations at building corners and 20-foot or smaller intervals along the foundation footprint, or one foot contour elevations throughout the building site; and (2) Proposed locations of water supply, sanitary sewer and utilities; and
(3) If available, the base flood elevation from the flood insurance study and/or flood insurance rate map; and (4) (b) If applicable, the location of the regulatory floodway; and
Foundation design detail, including but not limited to: (1) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures; (2) For a crawl-space foundation, location and total net area of foundation openings as required in Section 6-1834(d) and FEMA Technical Bulletins 1-93 and 7-93; and (3) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95 percent using the Standard Proctor Test method); and
(c) Proposed elevation, in relation to mean sea level, to which any nonresidential structure will be floodproofed as required in Section 6-1834(c) and FEMA Technical Bulletin TB 3-93; (d) All appropriate certifications listed in Section 6-1823(c) of this chapter; and
(e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. (Ord. 512 1 (Appx. A (part)), 2000) 6-1822 - Designation of the floodplain administrator. The Lafayette city engineer is appointed to administer, implement and enforce this chapter by granting or denying development permit applications in accordance with its provisions.
(Ord. 512 1 (Appx. A (part)), 2000) 6-1823 - Duties and responsibilities of the floodplain administrator. The duties of the floodplain administrator include but are not limited to: (a) Permit Review. Review of development permits to determine that: (1) (2) (3) The permit requirements of this chapter are satisfied; All other required state and federal permits have been obtained; The site is reasonably safe from flooding; and
(4) The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one foot at any point. (b) Review, Use, and Development of Other Base Flood Data. (1) When base flood elevation data has not been provided in accordance with Section 6-1812, "Basis for establishing the areas of special flood hazard," the city engineer shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Article 4 of this chapter. Any such information shall be submitted to the city council of the city for adoption. (2) If no base flood elevation data is available from a federal or state agency or other source, then a base flood elevation shall be obtained using one of two methods from the FEMA publication "Managing Floodplain Development in Approximate Zone A Areas - A Guide for Obtaining the Developing Base (100-year) Flood Elevations" dated July 1995 in order to administer Article 4: (A) Simplified Method. (i) 100 year or base flood discharge shall be obtained using the appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage area method; and (ii) Base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or (B) Detailed Method. (i) 100 year or base flood discharge shall be obtained using the U.S. Army Corps of Engineers' HEC-HMS computer program; and (ii) Base flood elevation shall be obtained using the U.S. Army Corps of Engineers' HEC-RAS computer program. (c) Information to be Obtained and Maintained. The city engineer shall obtain and maintain for public inspection and make available as needed the following:
(1) The certified elevation required in Section 6-1834(a) and (b), and Section 6-1838 (Lowest-floor elevations); (2) The floodproofing certification required in Section 6-1834(c) (Elevation or floodproofing of nonresidential structures); (3) (4) (5) The certification required in Section 6- 1834(d) (Wet floodproofing standard); The certification required in Section 6-1837(b) (Subdivision standards); The certification required in Section 6-1839(a) (Floodway encroachments);
(6) The certification required in Section 6-1834(a), (b), or (c) (Elevations in areas of shallow flooding). (d) Alteration of Watercourses. Whenever a watercourse is to be altered or relocated, the city engineer shall: (1) Notify adjacent communities and the California Department of Water Resources prior to any alteration or relocation of a watercourse, (2) Submit evidence of such notification to the Federal Insurance Administration, Federal Emergency Management Agency; and (3) Require that the flood-carrying capacity of the altered or relocated portion of such watercourse is maintained. (e) Interpretation of FIRM Boundaries. The city engineer shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 6-1852(b). (f) Take action to remedy violations of this chapter as specified in Section 6-1813 of this chapter.
(Ord. 512 1 (Appx. A (part)), 2000) 6-1824 - Interpretation. Where uncertainty exists regarding the interpretation of a provision of this chapter or its application to a specific site, the city engineer shall determine the intent of the provision. The city council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this chapter. (Ord. 512 1 (Appx. A (part)), 2000)
Article 4. - Standards for Flood Hazard Reduction

Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-1831 - Applications. 6-1832 - Anchoring. 6-1833 - Construction materials and methods. 6-1834 - Elevation and floodproofing. 6-1835 - Standards for storage of materials and equipment. 6-1836 - Standards for utilities. 6-1837 - Standards for subdivisions. 6-1838 - Standards for manufactured homes and recreational vehicles. 6-1839 - Floodways. 6-1840 - Flood-related erosion-prone area.
6-1831 - Applications. In all areas of special flood hazards the standards set forth in this article are required. (Ord. 512 1 (Appx. A (part)), 2000) 6-1832 - Anchoring. (a) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy. (b) All manufactured homes shall meet the anchoring standards of Section 6-1838
(Ord. 512 1 (Appx. A (part)), 2000) 6-1833 - Construction materials and methods. (a) All new construction and substantial improvements shall be constructed: (1) With flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage; (2) Using methods and practices that minimize flood damage;
(3) With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if (4) Within Zone AO or Zone AH, adequate drainage paths shall be provided around structures on slopes to guide floodwaters around and away from proposed structures. (Ord. 512 1 (Appx. A (part)), 2000) 6-1834 - Elevation and floodproofing. (See Section 6-1804 definitions for "basement," "lowest floor," "new construction," "substantial damage" and "substantial improvement".) (a) Residential construction, in cases of new or complete reconstruction, shall have the lowest floor, including basement,
(1) In an AO zone, elevated above the highest adjacent grade to a height exceeding the depth number specified in feet on the FIRM by at least two feet, or elevated at least four feet above the highest adjacent grade if no depth number is specified. (2) In an A zone, elevated at least two feet above the base flood elevation, as determined by the community; the base flood elevation shall be determined by one of the methods in Section 6-1823(b). (3) In all other zones, elevated at least two feet above the base flood elevation.
Upon completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector, to be properly elevated. Such certification and verification shall be provided to the city engineer. (b) Residential construction, in cases of substantial improvement, shall have the lowest floor, including basement: (1) In an AO zone, elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least two feet above the highest adjacent grade if no depth number is specified. (2) In an A zone, elevated to or above the base flood elevation; said base flood elevation shall be determined by one of the methods in Section 6-1823(b). (3) In all other zones, elevated to or above the base flood elevation.
Upon completion of the structure, the elevation of the lowest floor including the basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector, to be properly elevated. Such certification and verification shall be provided to the city engineer. (c) Nonresidential construction, new or substantial improvement, shall either be elevated in conformance with Section 6-1834(a) or (b), together with attendant utility and sanitary facilities: (1) Be floodproofed so that below the elevation recommended in Section 6-1834(a) or (b), the structure is watertight with walls substantially impermeable to the passage of water; (2) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and (3) Be certified by a registered professional engineer or architect that the standards of Section 6-1834(c) are satisfied. Such certifications shall be provided to the city engineer. (d) All new construction and substantial improvements, fully enclosed areas below the lowest floor (excluding basement) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93, and must exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for
every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters; or (2) Be certified by a registered professional engineer or architect.
(e) Manufactured homes shall meet the standards in this section and also the standards in Section 6-1838 (Ord. 512 1 (Appx. A (part)), 2000) 6-1835 - Standards for storage of materials and equipment. (a) The storage or processing of materials that are in time of flooding buoyant, flammable or explosive or could be injurious to human, animal or plant life is prohibited. (b) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning. (Ord. 512 1 (Appx. A (part)), 2000) 6-1836 - Standards for utilities. (a) All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate: (1) (2) Infiltration of floodwaters into the system, and Discharge from systems into floodwaters.
(b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (Ord. 512 1 (Appx. A (part)), 2000) 6-1837 - Standards for subdivisions. (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevations shall be certified by a registered professional engineer or surveyor and shall be provided to the city engineer. (c) All subdivision proposals shall be consistent with the need to minimize flood damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals shall provide adequate drainage to reduce exposure to flood hazards.
(Ord. 512 1 (Appx. A (part)), 2000) 6-1838 - Standards for manufactured homes and recreational vehicles. (a) All manufactured homes that are placed or substantially improved, within Zones A1 - 30, AH and AE on the community's flood insurance rate map, on sites located: (1) (2) (3) Outside of a manufactured home park or subdivision; In a new manufactured home park or subdivision; In an expansion to an existing manufactured home park or subdivision; or
(4) In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated: (1) At least two feet above the base flood elevation for cases of new placement; or
(2) At least above the base flood elevation for cases of substantial improvement; and be securely fastened to an adequately anchored foundation system to resist flotation, collapse and lateral movement. (b) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within zones A1 - 30, AH and AE, on the community's flood insurance rate map that are not subject to the provisions of paragraph Section 6-1838(a) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the (1) Lowest floor of the manufactured home is: (A) At least two feet above the base flood elevation for new placement; or (B) At least above the base flood elevation for substantial improvement; or (2) Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. (c) Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall be provided to the floodplain administrator. (d) All recreational vehicles placed on sites within zones A1 - 30, AH and AE on the community's flood insurance rate map will either: (1) Be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use; a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or
(2) Meet the permit requirements of Article 3 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 6-838(a). (Ord. 512 1 (Appx. A (part)), 2000) 6-1839 - Floodways. Located within areas of special flood hazard established in Section 6-1812 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply. (a) Encroachment, including fill, new construction, substantial improvements, and other new development is prohibited, unless certification by a registered professional engineer is provided demonstrating that the encroachment will not result in any increase in (the base) flood elevation during the occurrence of the base flood discharge. (b) No manufactured home may be placed in a floodway.
(c) If Section 6-1839(a) is satisfied, all new construction, substantial improvements, and other proposed new development shall comply with all applicable flood hazard reduction provisions of this article. (Ord. 512 1 (Appx. A (part)), 2000) 6-1840 - Flood-related erosion-prone area. Flood-related erosion-prone areas in Lafayette are typically creeks and should comply with Article 5 of this chapter. (Ord. 512 1 (Appx. A (part)), 2000)
Article 5. - Creek Setback Requirements

6-1841 - Structure setback. 6-1842 - Exception.
6-1841 - Structure setback. (a) As defined by Section 6-312 and Section 6-355, buildings and structures shall be set back from an unimproved creek channel as follows: (1) Channel Depth of Zero through 21 Feet. If the side slopes of the channel are steeper than 2:1 (horizontal:vertical), the width of the structure setback is determined by a line measured from the toe of the slope a distance of twice the channel depth plus the appropriate top-of-bank setback as follows: Channel Depth
(Feet) 06 612 1218 1821
Top of Bank Setback Minimum Width (Feet) 12 each side 15 each side 18 each side 21 each side
If the side slopes of the channel are flatter than 2:1 (horizontal:vertical) the structure setback is the appropriate setback indicated in the table above, measured from the top of the bank. (2) Channel Depth Exceeding 21 Feet. If the depth of a channel exceeds 21 feet, the width of the structure setback is determined by measuring from the toe of the slope a distance of three times the channel depth. (b) If a parcel is subject to subdivision easements or setback requirements under Contra Costa County Ordinance Code Sections 914-14.002 through 14.014 which are inconsistent with Section 6-1841(a), those subdivision requirements control. (c) No permanent structure other than fences and drainage and erosion protection improvements may be constructed within the setback area. Landscaping (including trees and shrubs) is permitted within the setback area. (Ord. 512 1 (Appx. A (part)), 2000) 6-1842 - Exception. (a) The city engineer may approve exceptions to the requirements of Section 6-1841 to allow construction of structures within the setback area if: (1) The submitted materials under Section 6-1842(c) are complete and adequate; and
(2) The property owner agrees to enter into and record an agreement holding the city and other public agencies harmless in the event of flood or erosion damage. The agreement shall bind successors in interest and be in a form acceptable to the city attorney. (b) In approving an exception, the city engineer may impose conditions deemed necessary for creekside erosion protection and on-site drainage. (c) A person requesting an exception under this section shall submit to the city engineer: (1) A topographical survey of the lot precisely showing the creek bottom, sides, top of bank and proposed and existing structures; (2) A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard; and (3) Certification signed by the engineer who prepares the soils report that in the professional opinion of the engineer there is no likelihood of a hazard to persons or property resulting from the proposed construction.
(d) The decision of the city engineer may be appealed in to the city council as provided in Section 6-1852(b). (Ord. 512 1 (Appx. A (part)), 2000)
Article 6. - Flood Hazard Variance Procedure

6-1851 - Nature of variances. 6-1852 - Appeals. 6-1853 - Standards for review. 6-1854 - Issuance of flood hazard variances. 6-1855 - Conditions for issuance of flood hazard variances. 6-1856 - Showing necessity for flood hazard variance. 6-1857 - Information to accompany flood hazard variance.
6-1851 - Nature of variances. The variance criteria set forth in this section are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the city council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. (Ord. 512 1 (Appx. A (part)), 2000) 6-1852 - Appeals. (a) The city council shall hear and decide appeals and requests for flood hazard variances from the requirements of this chapter. The city council shall hold a public hearing on an application for a flood hazard variance. The notice required for the public hearing is the same as the notice required for a variance permit under Section 6-211 of this title. The city engineer shall give notice of the public hearing for a flood hazard variance. (b) The city council shall hear and decide appeals when it is alleged there is an error in a requirement, decision or determination made by the city engineer in the enforcement or administration of this chapter. Such appeals must be made in writing to the city council within fourteen calendar days of written notice of the city engineer's action. (Ord. 512 1 (Appx. A (part)), 2000)
6-1853 - Standards for review. In passing upon an application for a flood hazard variance under this chapter, the city council shall consider all the technical evaluations, all relevant factors, standards specified in other sections of this code, and: (a) (b) The danger that materials may be swept onto other lands to the injury of others; The danger to life and property due to flooding or erosion damage;
(c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner and future owners of the property; (d) The importance of the services provided by the proposed facility to the community;
(e) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; (f) The compatibility of the proposed use with existing and anticipated development;
(g) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; (h) The safety of access to the property in times of flood for ordinary and emergency vehicles;
(i) The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters, if applicable, expected at the site; (j) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges; and (k) The necessity to the facility of a waterfront location, where applicable.
(Ord. 512 1 (Appx. A (part)), 2000) 6-1854 - Issuance of flood hazard variances. (a) A flood hazard variance may be issued for new construction, substantial improvements and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the standards in Section 6-1853 are fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the flood hazard variance increases. (b) Upon consideration of the factors of Section 6-1853 and the purposes of this chapter, the city council may attach such conditions to the granting of flood hazard variances as it considers necessary to further the purposes of this chapter. (c) The city engineer shall maintain the records of flood hazard variance actions, including justification for their issuance, and report any approved flood hazard variances to the Federal Insurance Administration, Federal Emergency Management Agency upon request. (Ord. 512 1 (Appx. A (part)), 2000)
6-1855 - Conditions for issuance of flood hazard variances. (a) A flood hazard variance may be issued for the reconstruction, rehabilitation or restoration of a structure listed on the National Register of Historic Places, the state Inventory of Historic Places, or the Lafayette historic landmark ordinance upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (b) A flood hazard variance shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (c) A flood hazard variance shall only be issued upon a determination that the flood hazard variance is the minimum necessary, considering the flood hazard, to afford relief. "Minimum necessary" means to afford with a minimum of deviation from the requirements of this chapter. For example, in the case of variances to an elevation requirement, this means the city council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the city council believes will both provide relief and preserve the integrity of the local ordinance. (Ord. 512 1 (Appx. A (part)), 2000) 6-1856 - Showing necessity for flood hazard variance. (a) A flood hazard variance shall only be issued upon: (1) A showing of good and sufficient cause;
(2) A determination that failure to grant the flood hazard variance would result in exceptional hardship (as defined in Section 6-1804) to the applicant; and (3) A determination that the granting of a flood hazard variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances (as defined in Section 6-1804) under "Public safety or nuisance"), cause fraud on or victimization of the public (as defined in Section 6-1804), or conflict with existing local laws or ordinances. (b) Flood hazard variances may be issued for new construction, substantial improvements, and for other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of this section and Section 6-1855 are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety and does not create a public nuisance. (Ord. 512 1 (Appx. A (part)), 2000) 6-1857 - Information to accompany flood hazard variance. (a) An applicant to whom a flood hazard variance is granted shall be given written notice over the signature of a community official that: (1) The structure will be permitted to be built with a lowest floor elevation below the regulatory flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation; and
(2)
Such construction below the base flood level increases risks to life and property.
(b) A copy of the notice shall be recorded by the city clerk in the office of the Contra Costa County recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (Ord. 512 1 (Appx. A (part)), 2000)
Chapter 6-19 - DESIGN REVIEW OF STRUCTURES OVER 17-0? IN HEIGHT

Sections:
6-1901 - Purpose. 6-1902 - Definitions. 6-1903 - Structures subject to design review. 6-1904 - Procedures for design review. 6-1905 - Specific findings required. 6-1906 - Exemptions. 6-1907 - Fees.
6-1901 - Purpose. The purpose of this chapter is to reduce the impact of (1) two-story structures, (2) second story additions and (3) structures greater than 17 feet in height in residential neighborhoods, and to implement the Lafayette general plan which envisions maintaining the semi-rural character of the city and providing a variety of housing sizes. This chapter is intended to: (a) Minimize loss of light and privacy to neighbors caused by the construction of large structures;
(b) Minimize the out-of-scale appearance of large structures relative to other structures in a neighborhood; (c) (d) Maintain the existing character of established residential neighborhoods; Permit reasonable expansion of existing structures.
(Ord. 534 1, 2002; Ord. 386 1 (part), 1991) 6-1902 - Definitions. In this chapter: (a) "Attic" means an area which is not habitable under the Uniform Building Code dimensional requirements (Section 1207) and is utilized only for storage. The area must be unheated and unfinished and have no access other than a hatch (i.e., no stairs or doorway). (b) "Basement" means an unfinished and unheated area of the building which is not habitable, and finished floor level directly above being not greater than six feet above grade for more than 50
percent of the total perimeter or more than 12 feet above grade at any point. (c) "Construction" means the building of new floor area on a lot (either a new structure or addition to an existing structure). (Ord. 534 1, 2002; Ord. 386 1 (part), 1991) 6-1903 - Structures subject to design review. (a) A structure in a single-family residential land use district that is proposed to exceed 17 feet in height is subject to design review as provided in this chapter. (b) For the purposes of this chapter, height means the vertical distance between the average of the highest and lowest grade at the lowest foundation wall (measured at existing grade or finished grade, whichever is lower) and the highest point of the structure. An appurtenance attached to a structure, which is listed in Section 6-513, is excepted from the height limit. (Ord. 534 1, 2002; Ord. 469 1, 1996; Ord. 386 1 (part), 1991) 6-1904 - Procedures for design review. The procedure for design review of a structure over 17 feet 0 inches in height is as follows: (1) An application for design review shall be submitted to the zoning administrator accompanied by the required fee; (2) If the zoning administrator finds that the proposed structure is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may issue a design review permit without the requirement for a public hearing; (3) If a public hearing is required, the zoning administrator shall mail written notice of an application as prescribed in Section 6-211 of the municipal code; (4) The zoning administrator may refer the application to the design review commission for review and action; (5) The zoning administrator may approve, conditionally approve or deny the application. A decision of the zoning administrator is subject to the right of appeal in the manner as set forth in Chapter 6-2, Article 3, Sections 6-225 through 6-238. The appeal of a decision by the design review commission is subject to the requirements of Section 2-511 (Ord. 534 1, 2002; Ord. 386 1 (part), 1991) 6-1905 - Specific findings required. The zoning administrator or design review commission or reviewing body on appeal, as the case may be, may not approve the application for design review required under Section 6-1903 unless it makes all the following findings: (a) The structure substantially complies with the city's residential design guidelines;
(b) The structure is so designed that it will appear compatible with the scale and style of the existing neighborhood and will not significantly detract from the established character of the
neighborhood; (c) The structure is so designed that it does not appear too tall or massive in relation to surrounding structures or topography when viewed from off-site; (d) The structure is so designed that it does not unreasonably reduce the privacy or views of adjacent properties. (Ord. 534 1, 2002; Ord. 457 4, 1996; Ord. 386 1 (part), 1991) 6-1906 - Exemptions. The following structures are exempt from the design review requirement of Section 6-1903: (a) An existing one-story house in which an existing basement or under story area is developed for living quarters; (b) An existing one-story house in which an existing attic area is converted to living quarters without any structural expansion to the exterior walls or roof of the residence. (Ord. 536 1, 2002; Ord. 386 1 (part), 1991) 6-1907 - Fees. (a) The fee for the design review required under Section 6-1903(a) by the zoning administrator is the same as that required for a variance application, as fixed by city council resolution; (b) The fee for the design review required under Section 6-1903(b) by the design review commission is the deposit amount required for a design review application by the design review commission, as fixed by city council resolution; (c) The fee for determining that a project is exempt from the public hearing requirement shall be charged for one hour of planning services at the hourly rate established by the City Council. (Ord. 534 1, 2002; Ord. 386 1 (part), 1991)
Chapter 6-20 - HILLSIDE DEVELOPMENT

Sections:
6-2001 - Purpose and intent. 6-2002 - Application of this chapter. 6-2003 - Definitions. 6-2004 - Adoption of maps. 6-2005 - [Repealed by Ordinance 558] 6-2006 - Modification of Lafayette Area Ridge Map.
6-2001 - Purpose and intent. (a) The city council finds that: (1) There are hills and ridges within the city that constitute significant natural topographical features and impart a sense of identity and image to the city; (2) It is desirable to insure the existence of a harmonious relationship between the existing natural hillside environment and the manmade environment through development standards designed for hillside development; (3) The retention of hillsides in as near as natural state as is feasible is an important policy expressed in the general plan; (4) The hillsides and ridgelines contain appropriate routes for equestrian and pedestrian trails which may be acquired as allowed by law through permitted dedications; and (5) (b) The hillsides and ridgeline areas contain important wildlife corridors and habitats.
The purpose of this chapter is to: (1) Maintain the semi-rural character and beauty of the city by preserving its open and uncluttered topographic features in their natural state; (2) Encourage an alternate approach to conventional flat land development practices;
(3) Minimize grading and cut and fill operations consistent with the retention of the natural character of the hillsides; (4) Achieve land use densities in keeping with the general plan while retaining the significant natural features of hillside areas through densities that diminish as the slope of terrain increases; (5) Minimize water runoff and soil erosion when terrain is graded to meet onsite and offsite development needs; (6) Maintain steep slopes, riparian areas and woodlands in as nearly natural a condition as is feasible; (7) Prohibit development on significant ridgelines and prohibit development which when viewed from lower elevations protrudes above these ridgelines; (8) Preserve the predominant views both from and of the hillsides;
(9) Regulate the development of hillside and ridgelines areas by imposing standards for ridgeline setbacks, streets, trails and other improvements consistent with the purpose of this chapter; and (10) Regulate the development of hillside and ridgeline areas in a manner so as not to take private property without just compensation. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
6-2002 - Application of this chapter. The requirements of this chapter are in addition to those made applicable by other provisions of the Lafayette Municipal Code. If there is a conflict between this chapter and another provision of the Lafayette Municipal Code, this chapter controls. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2003 - Definitions. In this chapter unless the context requires otherwise: (a) "Applicant" is the person that has submitted an application for a proposed development pursuant to this chapter either as the property owner or as the authorized representative of the property owner; (b) "Building" means any structure with a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels. (c) "Cluster" or "clustering" refers to the grouping together of residential building sites contained in a subdivided parcel such that: (1) (2) There exists substantial open space within the subdivided parcel; and Such open space adjoins existing contiguous open space not part of the subdivision;
(d) "Construction" is the act of placing, erecting, modifying or relocating a structure, or the act of preparing a site for such work, including grading; (e) "Density" refers to the number of residential units per acre;
(f) "Development" or "develop" means the use to which land is to be put, the structure to be put on it and every alteration of the land incident thereto. Development includes construction, grading, removing of a native tree of four inches or more in diameter as measured at four feet six inches above grade or native riparian vegetation, major landscaping, change in the density or intensity of land use, subdivision pursuant to the Subdivision Map Act, and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public use; (g) "Fire district" refers to the Contra Costa County Fire Protection District.
(h) "Hearing authority" is the authority designated by this chapter to review, hear and make a determination on a proposed development or grant an exception under this chapter, and includes the zoning administrator, design review commission, planning commission, and, in the case of an appeal, city council; (i) "Hillside development" is a development, any part of which is in a Hillside Overlay District;
(j) "Hillside Overlay District" is the area shown on the map entitled Hillside Overlay District dated July 8, 2002, a copy of which is on file in the office of the manager. (k) "Manager" refers to the planning and building services manager for the city.
(l) "Major landscaping" is the planting of over 5,000 sq. ft. of non-native vegetation and does not include vegetation for erosion control or land stabilization. (m) "Native riparian vegetation" is vegetation indigenous to a riparian habitat along a perennial or intermittent creek, stream or other water course; 6-2003 (n) "Native vegetation" is vegetation indigenous to an oak woodland, chaparral, grassland or riparian habitat; (o) "Public places" are outdoor places where members of the public congregate or travel as may be shown on the Viewing Evaluation Map. (p) "Residential design review guidelines" are city adopted design guidelines intended to minimize visibility of structures, retain natural features of land and protect habitat and native vegetation; (q) "Restricted ridgeline area" is a class III ridgeline or an area within 400 feet of a class I ridgeline or 250 feet of a class II ridgeline; (r) "Ridge" is a ridge designated as class I, II or III on the map entitled Lafayette Area Ridge Map, dated July 8, 2002; (s) "Ridgeline" is a line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another; (t) "Structure" includes anything constructed or erected, such as a road, building or retaining wall, that requires a fixed location on the ground or is attached to something having a fixed location on the ground; (u) "Viewing Evaluation Map" is the map entitled Viewing Evaluation Map, dated March 1, 1993, as amended September 25, 2006, which is intended as a guide to establish locations from which views are considered in the determination of the visual impact of a proposed structure. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2004 - Adoption of maps. (a) The following maps are adopted as part of this chapter: (1) (2) Map of ridges entitled Lafayette Area Ridge Map, dated July 8, 2002; Hillside overlay district map entitled Hillside Overlay District Map, dated July 8, 2002; and
(3) Viewing evaluation map, entitled Viewing Evaluation Map, dated March 1, 1993, as amended September 25, 2006. (b) Each original map is on file in the office of the city clerk. A copy shall be kept on file in the office of the manager and shall be made available to the public. (c) The city council may amend a map referred to in subsection (a) of this Section by resolution after following the notice and hearing procedure prescribed for the adoption or amendment of a zoning ordinance. (Government Code 65853 et seq.)
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2004 6-2005 - [Repealed by Ordinance 558] 6-2006 - Modification of Lafayette Area Ridge Map. Each restricted ridgeline area within which development is prohibited by Sections 6-2023 and 6-2024 is described in the map adopted by Section 6-2004. If a precise onsite measurement shows that the area within which development is prohibited varies from that shown on the city's map, the area shown by the onsite measurement controls. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
Article 2. - Hillside Overlay District Article 3. - Ridgeline Protection Article 4. - Development Requirements for Existing Lots of Record in the Hillside Overlay District Article 5. - Development Requirements for Subdivisions in the Hillside Overlay District Article 7. - Procedures for the Granting of Exceptions Under This Chapter
Article 2. - Hillside Overlay District

6-2011 - Purpose of the Hillside Overlay District. 6-2012 - Zoning district designation. 6-2013 - Application of the Hillside Overlay District. 6-2014 - Uses. 6-2015 - Hillside development permit required.
6-2011 - Purpose of the Hillside Overlay District. The Hillside Overlay District is intended to protect the health, safety and welfare of the city by establishing regulations for the development of ridgeline, hillside and other rural residential areas within the city. The district is created and established to implement the goals, policies and programs of the general plan that relate to hillside and ridgeline development, development hazards and protection of open space lands and hillside residential areas. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2012 - Zoning district designation. The Hillside Overlay District shall overlay and be combined with the principal underlying zoning district for land located within the Hillside Overlay District. The Hillside Overlay District is shown on the Hillside Overlay District map and is indicated by the letters: H-O-D. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2013 - Application of the Hillside Overlay District. (a) The regulations in this article apply in the Hillside Overlay District to (1) a residential lot existing on July 8, 2002, (2) a division of land into two or more lots and, (3) to the extent provided in Chapter 6-24, to a lot line adjustment approved after July 8, 2002. If there is a conflict between the regulations of the
underlying principal zoning district and this article, this article controls. (b) If according to the Hillside Overlay District map, the H-O-D boundary does not correspond to a property line but instead divides a lot, the map governs the applicability of the regulations in this article. Development within the H-O-D boundary is subject to this article but development outside it is not. If any part of a proposed development is within the H-O-D boundary, the entire development is subject to this article. 6-2013 (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2014 - Uses. (a) Permitted Uses. The uses permitted in the Hillside Overlay District are those uses permitted in the underlying principal zoning district. (b) Uses requiring a Land Use Permit. The planning commission may grant a land use permit for a conditional use in the Hillside Overlay District that is permitted in the underlying principal zoning district with the benefit of a land use permit. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2015 - Hillside development permit required. (a) Development within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.), except when: (1) (2) The construction does not require a building or grading permit; or The construction is entirely within the interior of an existing structure; or
(3) The construction is routine maintenance or replacement work that does not change the exterior appearance of the existing structure. (b) Major landscaping within the Hillside Overlay District requires a hillside development permit as prescribed in Article 6 of this chapter (Sections 6-2061 et seq.) (c) All development and new vegetation within a class I or class II ridgeline setback requires a hillside development permit and grant of exception, if required, except when: (1) The construction is entirely within the interior of an existing structure, or
(2) The construction is routine maintenance or replacement work that does not change the exterior appearance of the existing structure. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
Article 3. - Ridgeline Protection

6-2021 - Purpose and intent. Lafayette, California, Code of Ordinances Page 236 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-2022 - Classification of ridges. 6-2023 - Development restriction on class I or II ridgeline. 6-2024 - Development restriction on class III ridge. 6-2025 - Activities exempt from development restrictions in Sections 6-2023 and 6-2024. 6-2026 - Grant of exception permitting subdivision within a class I ridgeline setback. 6-2027 - Grant of exception permitting subdivision within a class II ridgeline setback or class III restricted ridgeline area. 6-2028 - Grant of exception permitting development on an existing lot of record within a restricted ridgeline area. 6-2029 - Restriction of development within a 15-degree declination of a class I or class II ridgeline setback.
6-2021 - Purpose and intent. The general plan provides that: (a) Ridgelines within the city constitute significant scenic topographical features and their retention in as near a natural state as feasible is an important community value; and (b) Undeveloped ridgelines support a range of animal life, function as wildlife corridors for animal movement between open space areas, and contain native grassland, oak woodland, chaparral and riparian habitats. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2022 - Classification of ridges. For the purpose and application of this article, each ridge designated on the Lafayette area ridge map is grouped into one of three classes, I, II and III, depending upon its location, height, significance in relation to other nearby topographical features and the impact that development on or near the ridgeline would have upon scenic views of ridges and hillsides and the protection of open space, wildlife corridors, and native grassland, oak woodland, chaparral and riparian areas. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2023 - Development restriction on class I or II ridgeline. (a) Class I ridgeline setback. No development may take place within 400 feet (measured in plan view) of a class I ridgeline. (b) Class II ridgeline setback. No development may take place within 250 feet (measured in plan view) of a class II ridgeline. (c) Declination. When the planning commission has granted an exception to (A) or (B) above, then the 15-degree declination restriction in Section 6-2029 applies. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2024 - Development restriction on class III ridge. No portion of a structure may be erected adjacent to a class III ridge that is higher than a horizontal plane that intercepts the ridge. The ridgeline horizontal plane shall be at the nearest point of the development to the ridgeline and perpendicular to the ridgeline or have an arc of 90 degrees from the endpoint of the ridgeline.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2025 - Activities exempt from development restrictions in Sections 6-2023 and 6-2024. The following activities are exempt from the development restrictions in Sections 6-2023 and 6-2024: (a) (b) A development proposal for a structure that received approval before July 8, 2002; A fence of an open agricultural nature approved by the manager;
(c) An activity required in the interest of public safety such as removal of poisonous or noxious plants, the controlled removal or thinning of vegetation as a part of a fire protection program required by the fire district, or other public safety purpose approved by the manager; (d) Construction of a trail which comprises a component of the city's adopted master trails map or adopted regional trail plan; (e) Construction of a road and attendant utilities if the planning commission finds that the crossing is necessary for orderly development. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2026 - Grant of exception permitting subdivision within a class I ridgeline setback. The planning commission may grant an exception to the restriction of development on a class I ridge imposed by Section 6-2023 to allow subdivision if it makes the findings required by Section 6-2068. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. An exception shall be subject to the 15-degree declination restriction of Section 6-2029. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2026 6-2027 - Grant of exception permitting subdivision within a class II ridgeline setback or class III restricted ridgeline area. The planning commission may grant an exception to the restriction of development on a class II ridge by Section 6-2023(b) and a class III ridge imposed by Section 6-2024 to allow subdivision if it makes the findings required by Section 6-2069. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. In a class II ridgeline setback an exception shall be subject to the 15-degree declination restriction of Section 6-2029. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2028 - Grant of exception permitting development on an existing lot of record within a restricted ridgeline area. The planning commission may grant an exception permitting development on an existing lot of record within a restricted ridgeline area if it finds that the site plan and design are such that the proposed development would provide a result that strictly satisfies the findings set forth in Section 6-2067. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. In a class I or class II ridgeline setback an exception shall be subject to the 15-degree declination restriction of Section 6-2029. (Ord. 558 1, 2006)
6-2029 - Restriction of development within a 15-degree declination of a class I or class II ridgeline setback. (a) When the Planning Commission has granted an exception to permit development within a class I or class II ridgeline setback in accordance with Sections 6-2067, 6-2068 or 6-2069, no development shall be approved that will result in any portion of a building within a class I or class II ridge setback that is higher than a plane sloping downward at a declination of 15 degrees from the horizontal intercept of the ridgeline. The measurement shall be made at the nearest point of the development to the ridgeline and measured perpendicular to the ridgeline or as a radius from the endpoint of the ridgeline. (b) The planning commission may grant an exception to the restriction of subdivision imposed by Section (a) above, if it makes the findings required by Section 6-2070. To apply for an exception, the applicant shall apply for a hillside development permit under Article 6 of this chapter. (Ord. 558 1, 2006)
Article 4. - Development Requirements for Existing Lots of Record in the Hillside Overlay District
6-2031 - Application of development requirements. 6-2032 - Requirements for development on existing lots of record. 6-2033 - Additional requirements. 6-2034 - Findings required for development on existing lots of record in the Hillside Overlay District.
6-2031 - Application of development requirements. This article applies within the Hillside Overlay District for lots of record existing on July 8, 2002. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2032 - Requirements for development on existing lots of record. The width, depth, height, yard and parking requirements for a lot of record are those requirements imposed by the underlying zoning district. The minimum lot area is the lot area existing on July 8, 2002. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2033 - Additional requirements. The hearing authority may impose additional requirements if it finds that the property requires protection because of its prominence and location, or determines that there may be exceptional hazards to its development. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
6-2034 - Findings required for development on existing lots of record in the Hillside Overlay District. In approving development on an existing lot of record in the Hillside Overlay District the hearing authority shall make the findings required by Section 6-2071. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
Article 5. - Development Requirements for Subdivisions in the Hillside Overlay District

6-2041 - Purpose and intent. 6-2042 - Application of development requirements. 6-2043 - Lot area and density. 6-2044 - Calculation of average slope as used in Section 6-2043. 6-2045 - Exception to Section 6-2043. 6-2046 - Clustering. 6-2047 - Building site requirements Exceptions. 6-2048 - Off-site visibility. 6-2049 - Trails. 6-2050 - Steep slopes Exceptions. 6-2051 - Vegetation. 6-2052 - Open space, scenic and conservation easements. 6-2053 - Utilities. 6-2054 - Streets. 6-2055 - Fire safety. 6-2056 - Additional requirements. 6-2057 - Findings required for a subdivision in the Hillside Overlay District. 6-2061 - Hillside development permit process. 6-2062 - Submittal requirements. 6-2063 - Waiver of application submittals. 6-2064 - Notice. 6-2065 - Procedure for obtaining a hillside development permit. 6-2066 - Imposition of conditions. 6-2067 - Finding required for grant of exception permitting development on an existing lot of record within a restricted ridgeline area. 6-2068 - Findings required for grant of exception permitting subdivision within a class I ridgeline setback. 6-2069 - Findings required for grant of exception permitting subdivision within a class II or class III restricted ridgeline area. 6-2070 - Grant of exception permitting development within the 15-degree declination. 6-2071 - Findings for hillside development permit on existing lots of record. 6-2072 - Findings required for approval of subdivision in the Hillside Overlay District. 6-2073 - Permit expiration. 6-2074 - Issuance of permits. 6-2075 - Decisions and appeals.
6-2041 - Purpose and intent. (a) The city recognizes the intrinsic value and sensitive nature of its scenic hillsides and major ridgelines. They constitute significant natural topographical features and comprise a large part of the natural open space and rural residential areas of the city because of their physical dominance of the
city's landscape. (b) Clustered development provides an opportunity for development that best serves the purpose of preserving the city's hillsides and ridgelines. (c) By minimizing grading for roads and grouping dwelling units in areas where visibility to the public is minimal, habitat for wildlife and vegetation can be protected, usable public open space can be provided and hillsides can be maintained in as nearly natural a condition as feasible consistent with development. (d) Each property has its own unique characteristics, including but not limited to topography, tree-cover and visual impact. The regulations in this article are intended to provide flexibility in the treatment of the development of individual properties as indicated by their uniqueness rather than to provide a fixed set of strict standards applicable in the same manner to all properties. (e) These regulations are intended to allow a diversity in the relationship of buildings, structures, lot sizes, building site requirements and open spaces while ensuring compliance with the general plan and meeting maximum standards necessary to satisfy the requirements of the public health, safety and general welfare without unduly inhibiting the advantages of integrated site planning. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2042 - Application of development requirements. This article applies within the Hillside Overlay District to each new lot created under the Sub-division Map Act and, to the extent provided in Chapter 6-24, to an existing lot whose boundaries are reconfigured using the lot line adjustment process. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2043 - Lot area and density. (a) The maximum density in the Hillside Overlay District for a subdivision approved after July 8, 2002 is the maximum density permitted in the underlying zoning district or that required by the following table, whichever is less. Average % Slope 15 - 15.9% 16 - 16.9% 17 - 17.9% 18 - 18.9% 19 - 19.9% 20 - 20.9% 21 - 21.9% 22 - 22.9% 23 - 23.9% 24 - 24.9% 25 - 25.9% 26 - 26.9% Maximum Density 1.43 du / acre 1.25 du / acre 1.11 du / acre 1.00 du / acre .91 du / acre .83 du / acre .77 du / acre .71 du / acre .67 du / acre .63 du / acre .56 du / acre .50 du / acre
27 - 27.9% Average % Slope 28 - 28.9% 29 - 29.9% 30 - 30.9% 31 - 31.9% 32 - 32.9% 33 - 33.9% 34 - 34.9% 35 - 35.9% 36 - 36.9% 37 - 37.9% 38 - 38.9% 39 - 39.9% 40% and over du = dwelling units
.45 du / acre Maximum Density .42 du / acre .38 du / acre .36 du / acre .32 du / acre .29 du / acre .26 du / acre .23 du / acre .20 du / acre .17 du / acre .14 du / acre .13 du / acre .11 du / acre .10 du / acre
(b) There is no minimum lot area requirement for new lots created within the Hillside Overlay District; however, the total number of lots in the subdivision shall not exceed the density established by subsection (a), disregarding any fractional remainder in the calculated number of dwelling units. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2044 - Calculation of average slope as used in Section 6-2043. (a) In Section 6-2043, "average percent slope" ("S") is computed on the area of an un-subdivided parcel less the area of access easements or street rights-of-way by the following formulas: S = 0.002296 l L / A> or <frac;S = 100 l L;a W he re S = average percent slope l= contour interval in feet L = summation of length of all contours in feet A = area in acres of parcel being considered a = area in square feet of parcel being considered (b) In calculating the average percent of slope, a part or parts of an unsubdivided parcel may be excluded from the calculation at the option of the applicant if the applicant demonstrates and the manager determines: (1) Each excluded area consists of a distinct topographical feature of the parcel such as a deep ravine, creek bank, or steep cut and fill bank for a street, the slope of which varies substantially from and is inconsistent with the topography of the remainder of the parcel;
(2) The total excluded area is not greater than 25 percent of the total area of the unsub-divided parcel; and (3) The unexcluded area meets the maximum density requirements of the zoning district regulations applicable to the unsubdivided parcel. The total excluded area may not be used in a calculation for density nor be used to exempt the remaining area from a requirement applicable to land in the Hillside Overlay District. The total excluded area is precluded from further development and, when appropriate, shall be protected by an open space, scenic or conservation easement. An interested party may appeal the determination of the manager under this subsection to the planning commission. (c) The calculation of the average percent of slope shall be based upon a complete topographic survey of the parcel provided at the expense of the applicant. A contour interval no greater than five feet and a horizontal map scale of one inch equals 100 feet, or as required by the manager, shall be used. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2045 - Exception to Section 6-2043. (a) The planning commission may grant an increase in the maximum density set forth in Section 6-2043, not to exceed a total of 40 percent increase in density only if, in addition to the findings for a subdivision required by Section 6-2071, it makes the following findings: (1) The subject property is located in one of the following single family residential districts: R-6, R-10, R-12, R-15, R-20, or R-40; (2) The resulting dwelling unit density will not exceed the average density of existing dwelling units on properties any portion of which is within 500 feet of the subject property and within the same zoning district as the subject property; and (3) The resulting density will not be greater than the maximum density allowed by the underlying zoning district. (b) In single-family residential district R-65 or R-100, the planning commission may grant an increase in the maximum density in Section 6-2043 upon making the findings in (2) and (3) of subsection (a). This increase may not exceed a total of 20 percent and applies only to the division of land into not more than two lots. 6-2045 (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2046 - Clustering. (a) Development within a subdivision in the Hillside Overlay District shall be clustered in a manner consistent with the purpose and intent of Section 6-2041 and with findings required in Section 6-2071. The lots may not exceed the density established by Section 6-2043 (b) The interior setbacks of each clustered lot within a subdivision are the setbacks established by an approved subdivision map and are set forth in recorded covenants, conditions and restrictions.
(c) The exterior setbacks are the setbacks of the underlying zoning district. Exterior setbacks refer to setbacks that abut properties adjacent to the subdivision. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2047 - Building site requirements Exceptions. (a) Each lot shall have a suitable naturally contoured building site of 30 percent or less slope. A "naturally" contoured building site does not include a manmade site unless it was created through a permit process before January 1, 1988. The percent slope of the building site is determined by Section 6-2044. Each building site shall meet the following standards: (l) Each structure, including access facility such as a parking apron or required fire equipment turn-around, shall be sited so as to require minimal grading and to preserve the natural features of the site such as swales, rock outcroppings and vegetation; (2) of: Construction shall take place within the designated 30 percent slope area with the exception (A) An access road or driveway (not parking area), which shall be designed to require minimum grading; (B) An ancillary structure, such as a deck supported by posts or cantilevered, and where the natural grade is undisturbed. (3) The 30 percent slope area shall be of reasonably regular configuration; and
(4) A conceptual siting, massing and design study is required where the 30 percent slope area is less than 15,000 square feet. (b) The planning commission may grant an exception to the requirement that the building site must be 30 percent or less slope if it finds that the application of the 30 percent maximum slope requirement would deprive the property of economically viable use. In granting an exception under this subsection (b), the density: (l) Shall not exceed the density permitted by the underlying zoning district or the slope density formula, whichever is less; and (2) Shall not exceed that necessary to avoid an unconstitutional taking of property.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2048 - Off-site visibility. (a) Each structure shall be located away from a prominent location such as a ridgeline, hilltop, knoll or open slope and shall be substantially concealed by vegetation or terrain when viewed from lower elevations from public places. (b) Within 100 feet of a restricted ridgeline area or where an exception is granted to allow development within a ridgeline setback, each structure shall be substantially concealed by existing vegetation or existing terrain when viewed from lower elevations from public places. (c) The requirements of this section are intended to protect views of the open and highly visible
portions of the scenic hillsides and ridgelines so that they appear essentially undeveloped as viewed from below the dwelling. The Viewing Evaluation Map is intended as a guide to establish locations from which views are considered. (d) The planning commission may grant an exception to the prohibition imposed by subsection (b) above if it finds that the prohibition would deprive the property of all economically viable use. In granting an exception under this subsection, the density: (1) Shall not exceed the density permitted by the underlying zoning district or the slope density formula, whichever is less; and (2) Shall not exceed that necessary to avoid an unconstitutional taking of property.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2049 - Trails. When a property proposed for subdivision includes a trail or portion of a trail designated either on the city's adopted master trails map or an adopted regional trail plan, the subdivision shall provide for such trail. The trail shall, as appropriate, be dedicated and improved as allowed by law in accordance with adopted city standards. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2050 - Steep slopes Exceptions. (a) The portion of a lot which has a ground slope in excess of 35 percent may not be altered by grading, the removal or alteration of a natural feature, such as a stream, rock outcrop, ridgeline, drainage swale, the removal of vegetation or other activity related to the preparation of the site for development except: (1) As may be required in the interest of public safety, such as the removal of poisonous or noxious plants, the controlled removal or thinning of vegetation as a part of a fire protection program required by the fire district, or other public safety purpose approved by the manager; (2) Provision for a trail comprising a component of the city's adopted master trails plan or an adopted regional trail plan; or (3) When the planning commission finds that an exception is necessary in order to provide the least intensive or damaging access to an approved building site. (b) The planning commission may grant an exception to the prohibition imposed by subsection (a) if it finds that the prohibition would deprive the property of economically viable use. In granting an exception under this subsection, the density: (l) Shall not exceed the density permitted by the underlying zoning district or the slope density formula, whichever is less; and 6-2050 (2) Shall not exceed that necessary to avoid an unconstitutional taking of property.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
6-2051 - Vegetation. New or replacement vegetation in an area abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, excluding planting for erosion control or land stabilization, shall be native to the surrounding area. The goal of the planting should be a seamless blending with the natural vegetation. The reviewing authority may grant an exception to this requirement for a small garden area near the home provided it is not visible from public places and contains no non-native trees or shrubs over six feet in height, or large green expanses. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2052 - Open space, scenic and conservation easements. The planning commission may require dedication of open space, scenic or conservation easements to protect natural riparian vegetation, terrain, a scenic vista, trail corridor, stream or watercourse, wildlife, or other area of ecological significance or to limit a drainage or erosion problem. A specific percentage of open space is not required. However, the development shall be planned and designed for the preservation of open space and the open space shall be a significant feature of the development. Open space shall be planned in mass rather than in "leftover" fragments. Open spaces shall be linked visually and when physically possible should form a system of open spaces. Where appropriate, trails should link open spaces. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2053 - Utilities. Utilities shall be installed underground in accordance with applicable underground utility ordinances and with the rules and regulations of the state Public Utilities Commission. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2054 - Streets. Each street right of way, improvement and pavement width shall conform to adopted city standards, provided that the planning commission may permit a pavement width less than the adopted standard for a two-way street after consideration of each of the following factors: (a) Steepness of terrain;
(b) Depth of cut, amount of cut and fill required, height and appearance of required retaining walls; (c) (d) (e) (f) (g) Type and quantity of trees and vegetation either existing or required to be installed; Ability to grade required cut and fill areas to give the appearance of a natural slope; Ability to landscape cut and fill areas to give the appearance of a natural slope; Existence of off-street parking to compensate for parking not provided on the street; Existence of adequate turn-arounds every 500 to 1,000 feet;
(h) (i) (j)
Adequacy of sight distance and safety of driveway entrances; The maximum number of home sites which can ultimately be served by the street; and Whether the street is or can become a through street.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2055 - Fire safety. (a) Each dwelling unit must be accessed by a road or driveway adequate to meet fire safety requirements. A narrow road or driveway is preferred in order to protect valuable trees or to minimize grading. A fire equipment turn-around shall be provided as required by the fire district and shall be shown and labeled on development plans. (b) Each fire hydrant shall be installed in a location and to standards recommended by the fire district.
(c) The applicant shall provide a roadway system that will be adequate to allow a fire fighting vehicle reasonable access to an isolated or large undeveloped area of the property. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2056 - Additional requirements. The planning commission may impose additional requirements if it finds that the parcel re-quires protection because of its prominence and location, or determines that there may be exceptional hazards to its development. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2057 - Findings required for a subdivision in the Hillside Overlay District. In approving a subdivision in the Hillside Overlay District the planning commission shall make the findings required by Section 6-2071 in addition to the findings required by Government Code Section 66474. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) Article 6. Hillside Development Permit Approval Process 6-2061 - Hillside development permit process. Development within the Hillside Overlay District requires a permit. A proposal for development within the Hillside Overlay District shall be initiated by an application on a form prescribed by the city together with the required fee. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2062 - Submittal requirements. In addition to the submittal requirements imposed by the city's zoning, subdivision, building and grading regulations and environmental review procedures, an applicant for a hillside development permit shall submit the following in the form of textual material and general schematics:
(a)
Proposed use of the land;
(b) Existing natural land features and topography including each designated ridgeline. The topography shall be shown at a maximum of two foot contour intervals in the area to be developed; (c) Surveyed locations of each tree having a trunk of four or more inches in diameter at four feet six inches above grade and within 100 feet of all construction and grading. The plan shall denote tree species, show accurate drip lines, base of trunk elevations and indicate whether or not the tree is to be removed; 2-2062 (d) (e) (f) (g) (h) (i) (j) Circulation plan for each vehicular and pedestrian way; Proposed building site; General location of each hiking, riding and bicycle trail and recreational facility; Plan showing the natural open space which will remain upon completion of development; Location and dimensions of each existing structure; Landscaping, parking area and all proposed structures; Anticipated grading for the development;
(k) Current preliminary soils and geological report in each proposed building site prepared by a registered geotechnical engineer; (l) Written legal description of the property;
(m) Preliminary report indicating provision for storm drainage, sewage disposal and public utilities; (n) (o) Statement indicating how the proposed development conforms to the general plan; Biotic resources analysis that includes the following: (1) (2) (3) Type and location of threatened and endangered plant and animal species; Riparian vegetation on and within 100 feet of subject property; Oak woodland and other plant communities providing habitat;
(4) Location of watercourses, springs, drainage swales and other natural features that may provide habitat; (5) Wildlife corridors;
(6) Area and location of undeveloped land on the subject property required to protect and enhance the continued viability of significant biotic resources, where applicable; and (7) (p) Mitigation measures for impacts on significant biotic resources; and
Additional information required by the manager.

Page 248 of 306
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2063 - Waiver of application submittals. The manager may waive a submittal requirement imposed by Section 6-2062 upon determination that: (a) The information is not required in order to make one or more of the required findings;
(b) The information required is not applicable in the case of an addition to an existing dwelling or remodel; (c) A recent report exists covering the same subject matter on the same site; or
(d) The material required is or will be part of an environmental impact report or negative declaration. The decision of the manager may be appealed as provided in Section 6-214 of the Lafayette Municipal Code. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2064 - Notice. Notice of a public hearing on an application for a hillside development permit shall be given in the same manner as the notice requirement for a variance as prescribed in Section 6-211. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2065 - Procedure for obtaining a hillside development permit. (a) The procedure for obtaining a hillside development permit is as follows: (1) An application for a hillside development permit shall be submitted to the zoning administrator accompanied by the required fee; (2) If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter, the zoning administrator may issue a hillside development permit without the requirement for a public hearing; (3) If the zoning administrator determines that a public hearing is required, the zoning administrator shall provide notice as prescribed in Section 6-2064 (4) The zoning administrator may refer the application to the design review commission or planning commission for review and action and require submission of the required fee for consideration of a hillside development permit by the design review or planning commission; (5) The design review commission may refer the application to the planning commission for review and action and require submission of the required fee for consideration of a hillside development permit by the planning commission; (6) The zoning administrator, design review commission or planning commission may approve, conditionally approve or deny the application;
(7) A decision of the zoning administrator or planning commission is subject to the right of appeal in the manner set forth in Chapter 6-2, Article 3, Sections 6-225 through 6-238. A decision of the design review commission is subject to the right of appeal in the matter set forth in Chapter 2, Article 5, Section 2-511 (8) Development of a building on a vacant lot in the Hillside Overlay District shall be reviewed in two separate Hillside Development Permit applications made on a form and in such manner as prescribed by the manager: A. B. (b) Application 1: Siting and massing determination by the Planning Commission. Application 2: Review of the design and impacts of the project. The planning commission shall be the hearing authority for the following:
(1) Development within 100 feet of a restricted ridgeline area, except where the zoning administrator determines that the proposed development is minimal in nature and complies with the purpose and intent of this chapter; (2) Development requiring an exception to permit development within a restricted ridgeline area, except where the zoning administrator determines that the proposed development is minimal in nature and complies with the purpose and intent of this chapter; or (3) A subdivision in the Hillside Overlay District.
(Ord. 558 1, 2006; Ord. 538 1, 2003) 6-2066 - Imposition of conditions. The hearing authority may impose a condition to an approval if it determines that the condition is necessary to carry out the purpose and intent of this chapter. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2067 - Finding required for grant of exception permitting development on an existing lot of record within a restricted ridgeline area. The planning commission may grant an exception permitting development on an existing lot of record within a restricted ridgeline area if it finds that the site plan and design are such that the proposed development would strictly satisfy the findings set forth in Section 6-2071. (Ord. 558 1, 2006) 6-2068 - Findings required for grant of exception permitting subdivision within a class I ridgeline setback. In order to grant an exception to the prohibition of subdivision on a class I ridge imposed by Section 6-2023(a), the planning commission shall make, in addition to other findings required by this chapter (refer to Section 6-2071), the following findings: (a) The prohibition of Section 6-2023 has the effect of depriving the property of all economically viable use;
(b) The density does not exceed the density permitted by the underlying zoning district or the slope density formula, whichever is less; and (c) The density permitted does not exceed that necessary to provide the property with an economically viable use. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2069 - Findings required for grant of exception permitting subdivision within a class II or class III restricted ridgeline area. In order to grant an exception to the prohibition of subdivision within a class II ridgeline setback imposed by Section 6-2023(b) or on a class III ridge imposed by Section 6-2024, the planning commission shall find either that: (a) Special conditions and unique characteristics of the subject property exist and a site plan and design is such that the proposed development would provide a result that satisfies the strict standards and policies of Section 6-2071; or (b) The prohibition would deprive the property of all economically viable use and the subdivision meets the standards in Section 6-2071 to the maximum extent feasible. In granting an exception under this subsection (b) the density: (1) Shall not exceed the density permitted by the slope density formula or the underlying zoning district, whichever is less; and (2) Shall not exceed that necessary to avoid an unconstitutional taking of property.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2070 - Grant of exception permitting development within the 15-degree declination. The planning commission may grant an exception to the restriction of development within the 15-degree declination line of a class I or class II ridge if it makes the findings in (a), (b) or (c) below: (a) The topography or existing vegetation are such that: (1) The building will not have a substantial visual impact and will not silhouette above the ridge when viewed from lower elevations in the city, using the Viewing Evaluation Map as a guide for areas from which views are considered; and (2) Grant of an exception will not interfere with an existing or proposed ridge trail or compromise its open space and scenic character. (b) For existing lots of record where it is not possible to substantially conceal the building in conformance with subsection (a) above, the Planning Commission may grant an exception if it finds that: (1) The height, size, siting, design and landscaping are such that the building is concealed to the maximum extent feasible and the structure will not silhouette above the ridge when viewed from lower elevations in the city, using the Viewing Evaluation Map as a guide for areas from which views are considered; and
(2) Grant of an exception will not interfere with an existing or proposed ridge trail or compromise its open space and scenic character. (c) For a subdivision, when the prohibition would deprive the property of all economically viable use and the subdivision meets the standards in section 6-2071 to the maximum extent feasible. In granting an exception under this subsection the density: (1) Shall not exceed the density permitted by the slope density formula or the underlying zoning district, whichever is less; and (2) Shall not exceed that necessary to avoid an unconstitutional taking of property.
(Ord. 558 1, 2006) 6-2071 - Findings for hillside development permit on existing lots of record. The hearing authority may approve an application for a hillside development permit on an existing lot of record only after making the following findings: (a) The development is consistent with the applicable goals and policies of the general plan and is in conformance with applicable zoning regulations; (b) The development will preserve open space and physical features, including rock outcroppings and other prominent geological features, streams, streambeds, ponds, drainage swales, native vegetation, native riparian vegetation, animal habitats and other natural features; (c) Structures in the hillside overlay district will, to the extent feasible, be located away from prominent locations such as ridgelines, hilltops, knolls and open slopes; (d) The development, including site design and the location and massing of all structures and improvements will, to the extent feasible: (1) Minimize the loss of privacy to surrounding residents and not unduly impact, restrict or block significant views; (2) Not have a significant visual impact when viewed from lower elevations from public places, using the Viewing Evaluation Map as a guide to establish locations from which views are considered; and (3) Not interfere with a ridgeline trail corridor or compromise the open space or scenic character of the corridor. (e) Within 100 feet of a restricted ridgeline area, or when a exception to a ridgeline setback has been granted, the development will result in each structure being substantially concealed by terrain or vegetation when viewed from lower elevations from public places, using the Viewing Evaluation Map as a guide to establish locations from which views are considered. (f) Development grading will be minimized to limit scarring and cutting of hillsides especially for long roads or driveways, preserve existing geologic features, topographic conditions and existing vegetation, reduce short and long-term erosion, slides and flooding, and abate visual impacts; (g) The development provides adequate emergency vehicle access, including turn-around
space, to the building site and surrounding on-site undeveloped or isolated areas. (h) Each structure and proposed landscaping complies with the city's residential design guidelines; (i) The new or replacement vegetation for the development is native to the surrounding area in areas abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, and conforms to the policies of Section 6-2051 (j) The development will not create a nuisance, hazard or enforcement problem within the neighborhood or the city, nor require the city to provide an unusual or disproportionate level of public services; (Ord. 558 1, 2006) 6-2072 - Findings required for approval of subdivision in the Hillside Overlay District. (a) The development is consistent with the applicable goals and policies of the general plan and is in conformance with applicable zoning regulations; (b) The development will preserve open space and physical features, including rock outcroppings and other prominent geological features, streams, streambeds, ponds, drainage swales, native vegetation, native riparian vegetation, animal habitats and other natural features; (c) The design of the subdivision and the proposed development are derived from naturally contoured sites of reasonably regular configuration, do not create building sites on slopes exceeding 30 percent nor result in the need for construction of primary structures outside the areas of 30 percent or less slopes; (d) The design of the subdivision and the proposed development will result in each structure being substantially concealed, as required by Section 6-2048, when viewed from lower elevations from public places, using the Viewing Evaluation Map as a guide to establish locations from which views are considered; (e) The design of the subdivision provides for a trail or portions of trails in conformance with the city's adopted master trails map or an adopted regional trail plan, and the trail is dedicated and conditioned for improvement in accordance with adopted standards; (f) The design of the subdivision and proposed development use clustering or other site planning techniques to preserve hillsides, ridgelines, knolls and open space, minimize impacts on wildlife habitats to the extent feasible, and provide for the preservation of vegetation, terrain, scenic vistas, trail corridors, streams or water courses, or other areas of ecological significance through dedication, easement, land trust or other suitable regulation; (g) Development grading will be minimized to limit scarring and cutting of hillsides especially for long roads or driveways, preserve existing geologic features, topographic conditions and existing vegetation, reduce short and long-term erosion, slides and flooding, and abate visual impacts; 6-2072 (h) The design of the subdivision and the proposed development are arranged so that no portion of the lot exceeding a slope of 35 percent, is proposed to be altered by grading removal or alteration of a natural feature, the removal of vegetation or other activity related to the preparation of the site for development, except fire protection, or other measures necessary for public safety, slope or geologic
stabilization or the provision of a trail in conformance with the city's adopted master trails map or an adopted regional trail plan or where the planning commission finds that an exception is necessary to provide the least intrusive or damaging access to an approved building site; (i) The development, including site design and the location and massing of all structures and improvements will be located away from prominent locations such as ridgelines, hilltops, knolls and open slopes, preserve the open and uncluttered topography of the city, and not interfere with a ridgeline corridor or compromise the open space or scenic character of the corridor; (j) The development and each associated improvement is located and designed to complement the natural terrain and landscape of the site and surrounding properties, and in when in close proximity to an existing neighborhood relates to the development pattern, including density and distribution, of that neighborhood; (k) The new or replacement vegetation for the development is native to the surrounding area in areas abutting open space and natural areas, such as oak woodland, chaparral, grassland and riparian areas, excluding planting for erosion control or land stabilization, and conforms to the policies of Section 6-2051 (l) The development complies with the city's residential design guidelines, and landscaping will ensure visual relief and complement each proposed structure to provide an attractive environment; (m) Each proposed house location and the location of each related structure is sited to minimize loss of privacy and not unduly impact, restrict or block significant views; (n) The design of streets, streetlights, storm drainage, utilities and other common improvements incorporated into the subdivision comply with adopted city standards and are designed to preserve the character of the site and surrounding area, minimize visual impact and avoid adverse impacts on surrounding properties and neighborhoods; (o) Street right-of-way incorporated into the design of the subdivision is based on the conditions set forth in Section 6-2054, "Streets"; (p) The design of the subdivision and the proposed development provide adequate emergency vehicle access, including turn-around space, to each building site and surrounding undeveloped areas, while protecting valuable trees, minimizing grading and preserving the natural hillside character of the site and vicinity; (q) The development will not create a nuisance, hazard or enforcement problem within the neighborhood or the city, nor require the city to provide an unusual or disproportionate level of public services. (Ord. 558 1, 2006) 6-2073 - Permit expiration. A permit approval automatically expires if the use or action authorized is not started or construction incident thereto is not begun on or before the time limit specified in the permit, and there-after diligently pursued. If no time is specified, the permit expires 12 months after the date of approval. The manager may grant one 12-month extension of time upon written request if the city has not made relevant changes to the Lafayette Municipal Code and the development is not changed.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2074 - Issuance of permits. The city shall not authorize the issuance of a building permit nor an occupancy permit for a development unless it conforms to the terms and conditions of a hillside development permit. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2075 - Decisions and appeals. The time and manner for decision and appeal upon an application of a hillside development permit are governed by Sections 6-225 through 6-238. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
Article 7. - Procedures for the Granting of Exceptions Under This Chapter

6-2081 - Scope and application of procedures. 6-2082 - Application requirements and additional submittals. 6-2083 - Notice. 6-2084 - Planning commission as hearing authority. 6-2085 - Factors in determination. 6-2086 - Findings supporting recommendation and decision. 6-2087 - Time limit for judicial review.
6-2081 - Scope and application of procedures. This article governs the procedure for the grant of an exception under Sections 6-2023 and 6-2024. The provisions of Articles 1, 2 and 3 of Chapter 6-2 of this code (Sections 6-201 through 6-238) governing applications and permits apply to the grant of an a exception under this article to the extent those provisions are not inconsistent with this article. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2082 - Application requirements and additional submittals. (a) The city shall prescribe the form of application requesting the grant of an exception under this chapter. The applicant shall be required to pay all costs of the city's processing of the application including verification of the information submitted and economic analysis. (b) The applicant shall provide information that sets forth the basis upon which the applicant believes that the exception is necessary to provide the property with economically viable use. This information shall include each of the following: (1) Basis for application. (A) Date of acquisition of the property;
(B) Purchase price of the property; and (C) An explanation of how the exception is necessary to avoid depriving the property of all economically viable use and the extent to which the exception is necessary to avoid an unconstitutional taking of property. (2) Economic data: 6-2082 (A) Current market value of the property; (B) Dates and amounts of invested capital following acquisition of the property; (C) Description and amount of each assessment imposed upon the property for public improvements; (D) Existing activities for the property; (E) Planned activities for the property including the timing for development; (F) Market value claimed if the exception is denied; and
(G) Portion of the property retaining economic use if the exception is not granted. (3) Additional Information. Such additional information as the city may request in order to take action on the request. The applicant shall cooperate with city requests for financial information regarding the property. Confidential business information provided by an applicant to the city shall remain confidential consistent with the requirements of the Public Records Act (Government Code 6250 et seq.) (4) Consultants and Experts. The name, address and occupation of each consultant and expert providing information or in any way assisting in the preparation of the application. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2083 - Notice. The city shall give notice of the filing of an application in the manner prescribed by Section 6-211 and shall be given by posting and mailing as prescribed in Section 6-211(a), (2) and (3) of the Lafayette Municipal Code. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2084 - Planning commission as hearing authority. The planning commission shall act on the original application with the right of an aggrieved party to appeal the decision of the planning commission to the city council. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2085 - Factors in determination. In acting upon an application, the planning commission shall consider, among other matters, each of the following:
(a)
Present use of the property and duration of that use, including: (1) (2) Each general plan designation and zoning classification applied to the property; and Each use to which the property was put;
(b) Fair market value of the property before the restriction that is the subject of the exception application imposed; (c) (d) Alternate uses that are available for the property; and The fair market value of the property if the exception is denied.
(Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2086 - Findings supporting recommendation and decision. The planning commission shall make its decision based on the evidence presented to it. The decision shall be in writing with specific findings on the economic impact of the application of the restriction for which the exception is requested. (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002) 6-2087 - Time limit for judicial review. The time limit for judicial review of the decision on the application is governed by Code of Civil Procedure 1094.6(b). (Ord. 558 1, 2006; Ord. 538 1, 2003; Ord. 528 1, 2002)
Chapter 6-21 - HISTORICAL LANDMARKS

Sections:
Article 1. - General Article 2. - Designation of Historical Landmarks Article 3. - Regulation of Landmarks
6-2101 - Declaration of public policy and purpose. 6-2102 - Definitions.
6-2101 - Declaration of public policy and purpose. The city council declares as a matter of public policy that the preservation, protection, perpetuation and use of areas, places, sites, buildings, structures, works of art and other objects having a special historical or archeological community interest or value is a public necessity and is required in the interest of the health, prosperity, safety and welfare of the people. The purpose of this chapter is to provide a means to: (a) Delay the sudden, arbitrary, impetuous and capricious destruction or removal of historical and archeological landmarks; and to control or delay the remodeling thereof when such action would have the effect of destroying or changing the landmark; (b) Safeguard the heritage of the city by preserving and perpetuating locations, areas, places, sites, buildings, structures, monuments, works of art and other objects or things which reflect elements of the city's cultural, historical, archeological, social, economic, political, agricultural, military, educational or architectural history; (c) (d) Protect and enhance the city's attractiveness to residents, tourists and visitors; Enhance the visual and aesthetic character, diversity and interest of the city;
(e) Foster civic pride in the beauty and notable accomplishments of the past and enrich human life in its educational, patriotic, civic and cultural dimensions; (f) Promote the use and preservation of historic and/or archeological locations, places, sites, structures, objects or things for the education and general welfare of the people of the city; (g) Take necessary steps to safeguard the property rights of the owner whose property is declared to be a "landmark." (Ord. 159 1 (part), 1976) 6-2102 - Definitions. For purposes of this chapter, unless the context clearly indicates otherwise, the following words and phrases have the meanings given in this section: (a) "Environmental change" means any change in the design or elevation of or the exterior remodeling of any building; or the destruction or removal of such building; or any physical change in the grounds for which some land use entitlement, such as a grading permit, a building permit or site plan approval is required. (b) "Landmark" means any location, area, place, site, building, structure, monument, work of art and other object or thing which has been designated as a historical landmark pursuant to this chapter. (Ord. 159 1 (part), 1976)
Article 2. - Designation of Historical Landmarks

6-2111 - Criteria. 6-2112 - Nominations. 6-2113 - Nominations by owners. 6-2114 - Action upon nominations by owners. 6-2115 - Nominations by the Society. 6-2116 - Processing nominations. 6-2117 - Notice. 6-2118 - Hearing. 6-2119 - Decision. 6-2120 - Notification.
6-2111 - Criteria. In considering the designation of any area, location, site, place, building, structure, work of art or similar object as a landmark, the city council shall apply the following criteria with respect to such property: (a) Its character, interest or value as part of the development, heritage or cultural characteristics of the city, the state or the United States of America; (b) Its location as an area, place or site of a significant historic event;
(c) Its identification with a person or persons who significantly contributed to the culture, history and development of the city; (d) Its exemplification of the cultural, educational, economic, patriotic, social or historic heritage of the city; (e) Its portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style; (f) Its embodiment of distinguishing characteristics of an architectural type of specimen;
(g) Its identification as the work of an architect or master builder whose individual work has influenced the development of the city; (h) Its embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation; (i) Its relationship to other distinctive locations, areas, places and sites which are eligible for preservation according to a plan based on a historic, educational, patriotic, cultural or architectural motif; (j) Its unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, or of the entire city. (Ord. 159 1 (part), 1976) 6-2112 - Nominations. Proposals for the designation of landmarks may be made by (a) the owner of the property proposed to be so designated, or (b) the Lafayette Historical Society.
(Ord. 159 1 (part), 1976) 6-2113 - Nominations by owners. A property owner who wishes to have his property designated as a landmark shall submit a written request therefor to the city council. The request shall clearly identify the proposed landmark, and shall set forth the reasons justifying the proposed designation. The city council shall promptly refer any nomination by an owner to the Lafayette Historical Society for investigation and recommendation. (Ord. 159 1 (part), 1976) 6-2114 - Action upon nominations by owners. The Historical Society shall have a period of six months to investigate and make a recommendation upon any landmark nomination submitted by an owner. (Ord. 159 1 (part), 1976) 6-2115 - Nominations by the Society. The Lafayette Historical Society is requested and encouraged to propose, from time to time, the designation of landmarks, especially when there is a community interest in acquiring the property or otherwise arranging for its permanent preservation. Such proposals shall be in written form, clearly identifying the property and setting forth the justification for the proposed landmark designation. (Ord. 159 1 (part), 1976) 6-2116 - Processing nominations. The city council shall give notice of, and hold, a public hearing on each nomination for landmark designation. If the nomination is submitted by the owner, the hearing shall be held within 30 days after the recommendation from the Historical Society has been received, or within 210 days after the nomination was received, whichever is earlier. If the nomination is submitted by the Historical Society, the hearing shall be held within 30 days after receipt of the nomination. (Ord. 159 1 (part), 1976) 6-2117 - Notice. The city manager shall give notice of the time and place of the hearing at least ten days in advance thereof by: (a) Mailing a copy of the notice to the owner of record of the subject property;
(b) Posting a copy of the notice on a public street in a location which is as close as reasonably possible to the front or entrance to the subject property; and (c) Arranging for the publication of the notice as a legal advertisement in a newspaper of general circulation published and circulated in the city. (Ord. 159 1 (part), 1976)
6-2118 - Hearing. The city council shall conduct a public hearing and shall provide a reasonable opportunity for all interested parties to express their opinions for and against the proposed landmark designation. The hearing may be continued from time to time. (Ord. 159 1 (part), 1976) 6-2119 - Decision. Within 30 days after the conclusion of the hearing, the council, using the criteria set forth in Section 6-2111, shall by resolution either designate the property as a landmark or reject the nomination. Each resolution designating a landmark shall set forth the effects of the designation pursuant to Article 3 of this chapter. (Ord. 159 1 (part), 1976) 6-2120 - Notification. Upon the designation of a landmark by resolution, the city manager shall send certified copies of the resolution to the county building inspector, the owner of the property and the Historical Society, and shall cause a copy of the resolution to be recorded in the office of the county recorder. (Ord. 159 1 (part), 1976)
Article 3. - Regulation of Landmarks

6-2131 - Regulation of environmental changes. 6-2132 - Applications. 6-2133 - Recommendation by Historical Society. 6-2134 - Action by city council. 6-2135 - Issuance of certificate of appropriateness. 6-2136 - Denial of application. 6-2137 - Notification. 6-2138 - Exemptions from code requirements.
6-2131 - Regulation of environmental changes. Before any person who owns, rents or occupies property which has been designated as a landmark makes any environmental change in such property, he must procure a certificate of appropriateness from the city council with respect to such environmental change. (Ord. 159 1 (part), 1976) 6-2132 - Applications. An application for a certificate of appropriateness shall be made in writing to the Lafayette Historical Society, with a record copy to the city council. The application shall be accompanied by such supporting information as will be required in order to obtain the land use entitlement required for the
environmental change. (Ord. 159 1 (part), 1976) 6-2133 - Recommendation by Historical Society. Within 30 days after receiving the application, the Lafayette Historical Society shall recommend in writing to the city council whether the application should be approved, conditionally approved or denied; and shall indicate the reasons for its recommendation. (Ord. 159 1 (part), 1976) 6-2134 - Action by city council. Within 30 days after receiving the recommendation of the Historical Society, or within 60 days after receiving the record copy of the application, whichever is earlier, the city council shall either approve, conditionally approve, or deny the application. (Ord. 159 1 (part), 1976) 6-2135 - Issuance of certificate of appropriateness. The city council shall issue a certificate of appropriateness, either with reasonable conditions or without conditions, if it finds that the environmental change proposed by the applicant: (a) Will not adversely affect any significant historical or aesthetic feature of the property and is appropriate and consistent with the spirit and purposes of this chapter; or (b) Is the necessary and appropriate method of remedying conditions determined in writing by the county building inspection department, Contra Costa County consolidated fire district, or the county health department to be dangerous to life, health or property. (Ord. 159 1 (part), 1976) 6-2136 - Denial of application. If the city council finds that the proposed environmental change complies with neither of the requirements of Section 6-2135, it shall by motion deny the application and the proposed environmental change shall not be made. (Ord. 159 1 (part), 1976) 6-2137 - Notification. The city manager shall send written notification of the action of the city council on an application for a certificate of appropriateness to the applicant, the Historical Society and the official or body authorized to act on the land use entitlement needed for the proposed environmental change. (Ord. 159 1 (part), 1976) 6-2138 - Exemptions from code requirements. The city council shall request exemptions from requirements of the adopted construction codes for
buildings or structures constituting designated landmarks when it appears such exemptions are necessary to the preservation of historical features or elements of the landmark. Such exemptions shall be granted by the county building inspector if, in his opinion, they will not result in any condition which is hazardous to life or property. (Ord. 159 1 (part), 1976)
Chapter 6-22 - MERGER OF CONTIGUOUS PARCELS

Sections:
6-2201 - Authority and applicability. 6-2202 - Definitions. 6-2203 - Merger. 6-2204 - Procedure to effect a merger. 6-2205 - Exception to the general policy. 6-2206 - Supplemental regulations.
6-2201 - Authority and applicability. This chapter is adopted under the authority granted to the city by Government Code Section 66424.2 to provide for merger of contiguous parcels of land. This chapter applies to land privately held and land owned by a public agency and held by it for the purpose of sale. (Ord. 287 1 (part), 1982) 6-2202 - Definitions. In this chapter, unless the context otherwise requires: (a) "Building" means: (1) In a residential or agricultural zoning district, a structure built as a dwelling or dwelling unit; (2) In a commercial, business of office zoning district, a structure built as a dwelling or dwelling unit or as a structure continuously occupied by persons for business purposes. (b) "Conform to the standards for development," when referring to a parcel or unit of land, means that the parcel or unit of land is smaller than the minimum lot size required, or that the lot does not comply with the minimum lot depth or width standards of the zoning district in which the parcel is located. (c) "Contiguous parcels or units of land" means and includes those separated by a road, street, easement, right-of-way, creek or channel. (Ord. 294 12, 1983; Ord. 287 1 (part), 1982)
6-2203 - Merger. Two or more contiguous parcels or units of land which have been created under the Subdivision Map Act, a prior law regulating the subdivision of land, a county or city ordinance or were not subject to such provisions at the time of their creation and which are held by the same owner shall be merged if (a) one of the contiguous parcels or units does not conform to the standards for development under this code; and (b) at least one of the contiguous parcels or units is not developed with a building for which a permit was issued or, if it is developed with a building, the building was built before a permit was required. (Ord. 287 1 (part), 1982) 6-2204 - Procedure to effect a merger. (a) Whenever the city has knowledge that real property has merged under this chapter, it shall: (1) Give written notification to the owner of the city's intention to record a notice of merger with the county recorder. Notification to the owner shall be given at least 30 days before notice of the merger is filed for record and shall specify a time, date and place at which the owner may present evidence to the planning commission as to why such notice should not be recorded; and (2) Permit the owner to present evidence to the planning commission as to why a notice of merger should not be recorded. (b) At the conclusion of the hearing, the planning commission shall make its determination as to whether or not the notice of merger will be recorded with the county recorder. (c) The owner may appeal the decision of the planning commission. The appeal procedures are those set forth in Chapter 6-2, Article 3 of this title. (Ord. 287 1 (part), 1982) 6-2205 - Exception to the general policy. Notwithstanding Section 6-2203, lands to which this chapter applies may be merged and resubdivided under provisions of the Subdivision Map Act and local ordinances upon application by the owner. (Ord. 294 3, 1983: Ord. 287 1 (part), 1982) 6-2206 - Supplemental regulations. The city council may by resolution adopt regulations to establish administration, procedures, interpretation and policy to carry out this chapter. (Ord. 287 1 (part), 1982)
Chapter 6-23 - PARKING, VEHICLE STORAGE AND REPAIRS [6]

(6)
Editor's note Ord. No. 586, 1, adopted Sept. 28, 2009, repealed the former Ch. 6-23, 6-23016-2304, and enacted a new Ch. 6-23 as set out herein. The former Ch. 6-23 pertained to outdoor storage and repairs and derived from Ord. 560 6 (part), 2006.
Sections:
6-2301 - Applicability. 6-2302 - Definitions. 6-2303 - Permitted activities. 6-2304 - Prohibited activities. 6-2305 - Parking on vacant or unimproved lot subject to use permit. 6-2306 - Enforcement.
6-2301 - Applicability. This chapter shall apply to any parcel of land which is legally used or zoned for residential purposes or is vacant and unimproved, irrespective of the zoning. This chapter shall apply to the parking, storage, and repair of vehicles. Use of property for outdoor storage or structures placed on property for storage of goods and materials is addressed elsewhere in this code. (Ord. No. 586, 1, 9-28-2009) 6-2302 - Definitions. (a) "Adjoining property" means a property which shares a common boundary with a subject property or a property that is directly across a public or private street or road from a subject property. (b) "Front yard area", means an open area extending across the front of a lot, measured from the front property line or access easement, whichever is lesser, toward the rear of the lot to the nearest line of the primary residence. (c) "Public view" means the view from a public or private street or road which serves more than one property or from a public walkway or trail. (d) "Screened" means shielded, concealed and substantially hidden from public view or adjoining property, at an elevation at least six feet above ground level, by a fence, wall, lattice, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof, as deemed appropriate by the planning services manager. (e) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, street, road, avenue, lane, alley, court, place, square, curb or other similar surface improved, designed or ordinarily used for vehicular traffic, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. No. 586, 1, 9-28-2009) 6-2303 - Permitted activities. (1) Placing, parking, or keeping of a registered and fully operable car(s), van(s), truck(s), sport utility vehicle(s) (SUV) and motorcycle(s) is a permitted use on occupied lots, subject to the following conditions:
(a)
Said vehicle(s) is owned by or registered to the owner or occupant of the lot, or guest thereof;
(b) Said vehicle(s) is not parked in the front yard area unless parked on a driveway that connects to covered parking or is parked on a paved or similarly surfaced area that is designed and intended for the purpose of parking vehicles, and that is connected to a driveway that has direct access from a public or private road or access easement; (c) (d) Said vehicle(s) is not used for living or sleeping purposes; and Said vehicle(s) is rated for a maximum payload of one ton or less.
(2) Placing, parking or keeping of registered and fully operable recreational vehicle(s), trailer(s) (e.g., for a boat, cargo, debris, horse, etc.), boat(s), or aircraft is a permitted use on occupied lots subject to the following conditions: (a) (b) (c) (d) Said vehicle(s) is owned by or registered to the owner or occupant of the lot; Said vehicle(s) is screened from public view and adjoining property; Said vehicle(s) is not parked in the front yard area; and Said vehicle(s) is not used for living or sleeping purposes.
(Ord. No. 586, 1, 9-28-2009) 6-2304 - Prohibited activities. (1) No person shall engage in any of the following activities, unless the activity is fully screened from public view or an adjoining property: (a) Place, park, keep, or allow to remain for more than 96 consecutive hours a disabled or inoperable vehicle or part(s) of a vehicle, or materials used in the repair, servicing, construction or assembly of vehicles; (b) Construct, repair, disassemble or service any vehicle more than eight days per year, or between the hours of 9:00 p.m. and 7:00 a.m. of any day; and/or (c) Place, park, keep, or allow to remain any recreational vehicle, boat, aircraft, trailer (e.g., for a boat, cargo, debris, horse, etc.) either for more than 36 consecutive hours, or intermittently for periods exceeding 72 hours total in any 30-day period. (2) No person shall use any vehicle for living or sleeping purposes.
(3) No person shall place, park or keep a vehicle(s) on a vacant or unimproved lot unless a land use permit is obtained pursuant to section 6-2305 (Ord. No. 586, 1, 9-28-2009) 6-2305 - Parking on vacant or unimproved lot subject to use permit. (1) The purpose of this section is to prevent owners of vacant or unimproved lots from storing vehicles on those lots, and to implement the Lafayette general plan which envisions maintaining the semi-rural character of the city. This section is intended to:
(a) (b)
Protect the health and welfare of residential neighborhoods; Prevent nuisance situations that can change the nature of a residential neighborhood;
(c) Prevent potential safety hazards to pedestrians and other vehicles caused by the unexpected ingress and egress of vehicles from vacant or unimproved lots; and (d) Minimize the aesthetic and visual impacts of storing vehicles on vacant or unimproved lots.
(2) A land use permit is required to place, park, or keep a vehicle(s) on a vacant or unimproved lot, irrespective of the land use district in which the land is located, as follows: (a) An application for a land use permit shall be submitted to the zoning administrator accompanied by the required fee as established by resolution of the city council; (b) If the zoning administrator finds that the vehicle(s) is owned by or registered to the owner of the lot; is not used for living purposes on the lot; is screened from public view; will not create a safety hazard as a result of the ingress and egress of the vehicle onto the lot; and that the proposed storage of the vehicle meets the findings required for a land use permit set forth in Section 6-215 of this code, the zoning administrator may issue a land use permit without the requirement for a public hearing. (c) If the zoning administrator determines that a public hearing is necessary to address potential impacts of the permit, written notice of an application shall be provided as prescribed in Section 6-211(b) of this code. (d) The zoning administrator may refer the application to the planning commission for review and action. (e) The hearing authority may approve, conditionally approve or deny the application based on its consideration of the factors outlined in subsection (2)(b) above, and the purposes and intent of this Section. (f) The decision of the hearing authority is subject to the right of appeal in the manner as set forth in Chapter 6-2, Article 3. (Ord. No. 586, 1, 9-28-2009) 6-2306 - Enforcement. Engaging in any activity prohibited in this chapter shall be a violation of this chapter and may be subject to enforcement in accordance with Chapters 1-9 and/or 8-21 of this code, in addition to all other legal remedies, criminal or civil, available to the city to address a violation of this code. (Ord. No. 586, 1, 9-28-2009)
Chapter 6-24 - LOT LINE ADJUSTMENTS

Sections:
6-2401 - Findings and purpose. 6-2402 - Authority for enactment. 6-2403 - Definitions. 6-2404 - Application. 6-2405 - Processing application and giving notice of public hearing. 6-2406 - Hearing and determination on the application. 6-2407 - Limitation on hearing body's authority. 6-2408 - Findings required to approve application. 6-2409 - Decision and appeal. 6-2410 - Completion of lot line adjustment.
6-2401 - Findings and purpose. (a) The city council finds that: (1) There are unimproved lots that were created before incorporation and, in some instances, years before requirements for zoning, subdivision approval and environmental review were enacted. Many of these lots are substandard when measured against standards now in effect in the city; (2) Government Code 66412(d), part of the Subdivision Map Act (Government Code 66410 et seq.), provides that a lot line adjustment between two or more existing parcels is exempt from its provision where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not created. Government Code 66412(d) further provides that in reviewing and approving a lot line adjustment, the city is limited to a determination of whether or not the parcels resulting from the lot line adjustment will conform to a city's general plan or its zoning and building ordinances. The city may deny a lot line adjustment if the resulting parcels do not conform to the city's general plan or its zoning and building ordinances, and may impose conditions or exactions to a lot line adjustment in order to conform to its general plan and zoning and building ordinances and to facilitate the relocation of existing utilities, infrastructure and easements; and (3) The approval of a lot line adjustment may result in development that causes changes in the density or intensity of the use of property or that is inconsistent with the standards of developed properties in the neighborhood or both; all of which are contrary to the goals and policies of the general plan and its implementing regulations. (b) The purpose of this chapter is to establish a procedure and standards for the review and determination of each request for a lot line adjustment, to require that the parcels resulting from the lot line adjustment will conform to the city's general plan, zoning and building ordinances, and to authorize the imposition of conditions and exactions when necessary to conform the parcels resulting from the lot line adjustment to the general plan and zoning and building regulations, all in a manner consistent with Government Code 66412(d). (Ord. 532 1, 2002)
6-2402 - Authority for enactment. This chapter is enacted under Government Code 66412(d). (Ord. 532 1, 2002) 6-2403 - Definitions. In this chapter unless the context otherwise requires: (a) "Hearing body" includes the planning and building services manager and planning commission; (b) "Lot line adjustment" is the reconfiguration of the boundaries between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created; (c) "Manager" is the planning and building services manager;
(d) "Minor lot line adjustment" is the reconfiguration of boundaries between two parcels that are developed with single family residences and that, in both the before condition and the condition following a lot line adjustment, comply with the general plan and zoning and building ordinances; and (e) "Zoning and building ordinances" include Chapter 6-20, Hillside Development.
(Ord. 532 1, 2002) 6-2404 - Application. (a) An application for a lot line adjustment shall be submitted in writing, on a form provided by the city, containing the following information: (1) (2) (3) The legal descriptions of the parcels whose boundaries are to be adjusted; The owners' names, addresses and telephone numbers; Evidence of title;
(4) A map or plat showing the parcels before and after their adjustment, their relationship to each other, adjoining parcels, street center lines, right-of-way lines, existing buildings, fences and structures; (5) (6) (b) Contra Costa County assessor's parcel numbers; and Such other information the manager requires.
The application shall be accompanied by the fee fixed by resolution of the city council.
(Ord. 532 1 (part), 2002) 6-2405 - Processing application and giving notice of public hearing. (a) The manager shall endorse on the application the date it is received and if it is complete, accept it
for filing and thereafter fix a time and place for a public hearing on the application. In the case of a minor lot line adjustment, the manager may dispense with the notice and public hearing. (b) The manager shall give notice of the time and place of the public hearing. The notice requirement is notice requirement specified for a public hearing on an application for a variance permit as set forth in sections 6-210 and 6-211 (Ord. 532 1, 2002) 6-2406 - Hearing and determination on the application. If, in the opinion of the manager, the lot line adjustment is a minor lot line adjustment, the manager may act on the application. The manager in the exercise of discretion may defer action and refer the matter to the planning commission. In that case and in all other cases, the planning commission shall hold the public hearing and act on the application. (Ord. 532 1, 2002) 6-2407 - Limitation on hearing body's authority. (a) The hearing body shall limit its review and approval to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the general plan and zoning and building ordinances and regulations. (b) The hearing body may not impose conditions or exactions on its approval of a lot line adjustment except to: (1) Conform the parcels resulting from the lot line adjustment to the general plan and zoning and building ordinances; (2) Require the prepayment of real estate property taxes before approving the lot line adjustment; and (3) Facilitate the relocation of existing utilities, infrastructure or easements.
(Ord. 532 1, 2002) 6-2408 - Findings required to approve application. In determining whether or not a proposed lot line adjustment conforms to the general plan and zoning and building ordinances, and in order to approve a lot line adjustment, the hearing body must make each of the following findings: (a) In the after-approved condition each parcel subject to Chapter 6-20, Hillside Development, has a building site that meets the requirements of 6-2047 upon which a dwelling unit could be built that meets the requirements of section 6-2048. The hearing body may waive one or more of these requirements if it finds that 1) no lot line adjustment could satisfy the requirements, and 2) in the after-approved conditions each affected parcel is closer to meeting the requirements than it was prior to the lot line adjustment; (b) (c) Each affected parcel has adequate emergency vehicle access; In the after-approved condition, each affected parcel complies with the general plan and
zoning and building ordinances. In the case of a lot line adjustment between parcels that are subject to Chapter 6-20 but are non-conforming as to the density limits, this finding may be waived; and (d) In the after-approved condition, each affected parcel does not violate a condition of development previously imposed by the city on any portion of the parcel. (Ord. 532 1, 2002) 6-2409 - Decision and appeal. Sections 6-225 through 6-238 govern the decision and appeal of the action by the hearing body. (Ord. 532 1, 2002) 6-2410 - Completion of lot line adjustment. No tentative map, parcel map or final map shall be required as a condition to approval of the lot line adjustment. The lot line adjustment shall be reflected in a deed which must be recorded. A record of survey must be performed if required by Business and Professions Code 8762. The hearing body may require a record of survey if the parcels affected by the lot line adjustment are under common ownership. If the lot line adjustment affects parcels held in different ownership, the owners shall actually convey the requisite interests in the affected parcels in order to effect the lot line adjustment. The hearing body may require each owner to obtain a certificate of compliance that sets forth each owner's name and the assessor's parcel number. (Ord. 532 1, 2002)
Part 5. - Signs and Outdoor Advertising

Chapter 6-25 - SIGNS* Chapter 6-26 - RESERVED Chapter 6-27 - (RESERVED) Chapter 6-28 - (RESERVED) Chapter 6-29 - (RESERVED)
Chapter 6-25 - SIGNS*

Sections:
Article 1. - General Provisions Article 2. - Prohibited Signs, Permit Requirements, Exemptions, Reviewing Authorities and Procedures Article 3. - Master Sign Plan Article 4. - General Sign Limitations Lafayette, California, Code of Ordinances Page 271 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION Article 5. - Requirements and Limitation on Special Uses Article 6. - Enforcement

6-2501 - Findings and purposes. 6-2502 - Definitions. 6-2503 - Permit system overview. 6-2504 - Applicability. 6-2505 - Substitution clause. 6-2506 - Compliance with applicable codes.
6-2501 - Findings and purposes. (a) It is the stated purpose of the city council to: (1) Promote and protect the health, safety and general welfare of the public by regulating the size, height, quantity, design, quality of materials, construction, location, illumination and maintenance of signs and sign structures within the city; (2) Promote the aesthetics, ambience, and character of its residential neighborhoods by eliminating visual clutter; (3) Create a more attractive and healthy economic business climate by recognizing signs as an effective means of communication, while at the same time eliminating visual clutter and preserving and enhancing the beauty of the city; and (4) Increase traffic safety by minimizing the distracting effect of signs on drivers through regulation of the size, type, quantity and location of signs. (b) The establishment of a permit system for signs and the strict enforcement of its provisions and the abatement of illegal nonconforming signs will promote the purposes of this chapter. (Ord. 565 2 (Exh. A) (part), 2007) 6-2502 - Definitions. In this chapter, unless the context otherwise requires: (1) "A-board sign" means a portable A-frame sign (see "Portable sign").
(2) "Aggregate sign area" or "total sign allowance" means the total area of signs permitted on a single premises, building, site or parcel. (3) "Apartment and rooming house sign" means a sign which identifies the apartment complex or rooming house and its services. (4) "Banner sign" means a sign made of flexible materials and suspended from one edge or attached at the corners. A banner sign does not include a pennant or flag.
(5) "Business sign" means an on-site sign which identifies the business entity located on the premises and having principal business frontage or advertises or informs about the business or products or services sold or rendered on the premises. (6) (7) "Commercial message" means a message related to economic interests. "Commercial sign" means a sign related to economic interests.
(8) "Commercially zoned district" means business and commercial districts as further defined in Chapter 6-9 of the Lafayette Municipal Code. (9) "Construction sign" means an on-site sign identifying a construction project and the hours of construction and/or the architect, engineer, lender or contractor directly connected with construction which is in progress. (10) "Directory sign" means a pedestrian oriented on-site sign which identifies or lists the names and locations of all tenants at a site. (11) "Externally illuminated sign" means a sign that is illuminated by light reflecting on the sign from outside of the sign. (12) "Fence sign" means a sign placed on a fence. (13) "Flag" means a sign representing for example, but not limited to, any nation, association of nations, state, city, or other political, religious, charitable, educational, philanthropic, civic, professional, or like noncommercial organization and made of a flexible material and attached at one edge to a staff or pole or other support. (14) "Flashing sign" means an illuminated sign in which the artificial or reflected light is not intended to be maintained in a stationary or constant intensity. (15) "Freestanding sign" means a sign which is self-supporting in a fixed location and not attached to a building, fence or structure. (16) "Governmental sign" means a sign placed by a public utility or governmental agency for safety or information or to comply with a federal, state or local law. (17) "Hotel or motel sign" means a commercial sign that identifies the business of a hotel or motel. (18) "Illegal sign" means a sign placed without proper governmental approval or permits as required by this code at the time the sign was placed. "Illegal sign" also means a nonconforming sign which has been altered, enlarged or replaced without conformance with the provisions of this chapter. (19) "Inflated sign" means a sign that is filled with three cubic feet or more of air or gas and is tethered to a building or to an object on the property. (20) "Information, safety, directional sign" means a sign giving information such as hours of operation, telephone number, credit cards, memberships, location of toilets, delivery, or freights, parking information or directional words or signals such as "enter" designed to be viewed on-site by pedestrians and/or motorists.
(21) "Institution sign" means a sign which identifies a public or quasi-public use, such as a library, public park, school, religious institution or fire station. (22) "Internally illuminated" means a sign whose source of illumination is within the sign structure. (23) "Mailbox or address identification sign" means a sign which identifies a house or apartment by number and is less than 60 square inches in area unless legally required to be larger as provided in Section 6-2521(d). (24) "Master identification sign" means a sign which identifies a center, complex or group of businesses under a single site name. (25) "Master sign plan" means a coordinated sign plan which includes details of all signs visible from a public open space which are or will be placed on a site. (26) "Mixed use building or mixed use complex" means a building or complex containing a combination of office space and retail or other commercial use. (27) "Mobile sign" means a sign attached to, leaning against or suspended from a vehicle which is not an integrated part of the vehicle other than a bumper sticker. A mobile sign also includes a sign mounted on any type of device movable or capable of being moved by a vehicle. (28) "Modify" means to change the copy, color, size, shape, illumination, position, location, construction or supporting structure of the sign. (29) "Monument sign" means a freestanding sign which rests on a solid base. (30) "Moving sign" means a sign which has an actual or apparent moving, revolving or rotating part actuated by electrical, mechanical or other device or by wind current. The term "moving sign" does not include a time or temperature recording device, nor a sign on a motor vehicle. (31) "Neighborhood identification sign" means a sign identifying a neighborhood area. (32) "Noncommercial sign" means a sign not related to economic interests. (33) "Noncommercial message" means a message which is not related to economic interests. (34) "Nonconforming sign" means a sign which does not comply with this chapter. A legal nonconforming sign was lawful when placed. (35) "Obsolete sign" means a sign which advertises a service, product, activity, event or land use after the service, product, activity, event or use has been suspended, concluded, terminated or abandoned or a temporary sign that has been in place for more than 90 days. (36) "Office" means a business space that has its entrance from an interior hallway. (37) "Office building" means a building consisting primarily of offices. (38) "Office use sign" is a sign identifying a specific office use. (39) "Off-site sign" means a commercial sign which advertises or informs about a business, goods, services or facilities not sold or located on the property or contiguous properties under the same ownership and use on which the sign is located.
(40) "Open house sign" is a sign advertising property for sale and open for inspection. (41) "Painted sign" is a sign painted directly on a wall, fence or awning. (42) "Parking regulation sign" is a sign which defines the type of allowed parking, specifies a time limit for parking or otherwise defines parking stalls. (43) "Pennant" means a flag or banner that is suspended from two corners and which tapers to a point or swallowtail. (44) "Permanent commercial sign" is a commercial sign designed and intended to be used for a period of 90 days or more. (45) "Permanent noncommercial sign" means a noncommercial sign intended to be used and in place for a period of 90 days or more. Permanent noncommercial signs include, but are not limited to, signs indicating the location of a community service organization, public facility, or similar nonprofit institution and memorial plaques, historical tablets or other commemorative signs for a person, place or event. (46) To "place" and any of its variants includes erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or making visible a sign. It does not include any of the foregoing activities when performed incident to the customary maintenance of a sign or to a change in the message on a reader board. (47) "Portable sign" means a sign which is designed to be moved and is not attached to the ground, building, structure or other thing. (48) "Principal business frontage" means the horizontal distance of a building or portion of the building occupied by one tenant and is measured along each wall having a customer entrance and facing a public open space or along each wall which includes a glass enclosed showroom facing the street. (49) "Projecting sign" means a sign other than a wall sign, which is suspended or supported by a building wall and which projects outward from the building, wall or overhang. (50) "Reader board" means a permanent structure upon which is displayed advertising material or copy of a temporary or changeable nature, such as a bulletin board or theater marquee. (51) "Realty sign" means a temporary commercial sign designed and intended to be used for less than 90 days, which pertains to the sale, lease or rental of an existing lot, building or other facility. (52) "Residentially zoned district" means single-family residential districts and multifamily residential districts as further defined in Chapters 6-7 and 6-8 of the Lafayette Municipal Code. (53) "Roof sign" means a sign placed on a roof or above an overhang, canopy or fascia. (54) "Service club shield" means a sign not exceeding two square feet in area which identifies a particular service club and is placed on a service club sign. (55) "Service club sign" means an off-site sign, usually freestanding, which is used to display service club shields.
(56) "Shingle sign" means a wooden sign projecting outward from the building to which it is attached. (57) "Sign" means a medium for visual communication, including its structure and component parts, placed upon the ground, a bush, a tree, a rock, a wall, a post, a fence, a building or structure, which is used or intended to be used to convey a message or to identify, attract attention to, or advertise a product, place, activity, business, event, good, service or land use. A functional architectural feature of a building is not normally a sign. A sign under this chapter is one which is visible from any public place or is located on private property and exposed to the public or intended to be seen from a public open space or from a premises other than that on which the sign is placed. (58) "Subdivision sign" means a sign which identifies a real estate subdivision development at which residential housing is offered for sale or for lease, or one which identifies a person or firm engaged in the promotion, design, construction or alteration of a real estate subdivision development and is removed upon the sale of the last lot or home. (59) "Temporary commercial sign" means a commercial sign designed and intended to be used to identify a new business for a period of less than 90 days while the new business is going through the process of applying for and installing its business sign and which complies with Section 6-2563 (60) "Temporary noncommercial sign" means a noncommercial sign intended to be used and in place for a period of less than 90 days. Temporary noncommercial signs include, but are not limited to, a sign announcing a community-oriented event or charitable cause, and a sign designed for the purpose of advertising support of, or opposition to, a political party, candidate, proposition or cause. (61) "Under-marquee sign" means a sign below a canopy, overhang or covered walkway which projects perpendicular to the building. (62) "Use" means a purpose or activity for which the land or building is designed, arranged or intended, or for which it is occupied or maintained to function as a separate unit. (63) "Wall sign" means a sign attached parallel to and flat against an exterior wall. It does not include a sign painted directly on a wall. (64) "Window sign" means a sign on the surface of a window or visible through the window from outside. (Ord. 565 2 (Exh. A) (part), 2007) 6-2503 - Permit system overview. (a) In general, a person may erect a wall sign on their principal business frontage provided that it is not illuminated, does not exceed 20 square feet in size or eight inches in thickness, and does not use iridescent or fluorescent colors, without a sign permit. (See Section 6-2521 for a description of signs which are exempt from the permit requirement.) (b) In general, a person desiring to erect an externally illuminated wall sign which does not exceed 20 square feet in size or eight inches in thickness, or use fluorescent or iridescent colors, may apply directly to the planning services manager for a permit and is not subject to design review or public hearing; carved wooden signs are preferred. (See Section 6-2522 for specific description of signs
subject to planning services manager review, including certain subdivision, apartment and community event signs, and signs conforming to the master sign plan.) (c) All other signs which are neither exempt from permit requirements (see Section 6-2521), nor prohibited entirely (see Section 6-2519) are subject to design review commission approval and the public hearing process. (See Section 6-2523 et seq.) (d) A person may apply to the design review commission for a variance with respect to regulations relating to height, area, location or number of signs. (See Section 6-2527.) (Ord. 565 2 (Exh. A) (part), 2007) 6-2504 - Applicability. (a) This chapter applies to all signs in the city except as provided in subsection (b) of this section.
(b) This chapter applies to each local agency performing governmental or proprietary functions and having limited boundaries to the extent that territory within the jurisdiction of the local agency is within the boundaries of the city. "Local agency" does not include the state of California, Contra Costa County, or the San Francisco Bay Area Rapid Transit District except as authorized by statute, including Public Utilities Code Section 28959. (c) The regulations in this chapter are zoning ordinances as that term is used in Government Code Section 53091. To the extent that a local agency is subject to the zoning ordinances of the city by the virtue of Government Code Sections 53091 through 53095 inclusive, the regulations set forth in this chapter apply. (Ord. 565 2 (Exh. A) (part), 2007) 6-2505 - Substitution clause. In each instance and under the same conditions in which this chapter permits any sign, any noncommercial message may be substituted in lieu of other content. (Ord. 565 2 (Exh. A) (part), 2007) 6-2506 - Compliance with applicable codes. Unless specifically allowed by this chapter, the general requirements, restrictions and prohibitions of this chapter shall apply to all signs. (Ord. 565 2 (Exh. A) (part), 2007)
Article 2. - Prohibited Signs, Permit Requirements, Exemptions, Reviewing Authorities and Procedures
6-2519 - Prohibited signs. 6-2520 - Permit required. 6-2521 - Signs exempted from permit requirements. Lafayette, California, Code of Ordinances Page 277 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-2522 - Permits subject to planning services manager approval. 6-2523 - Permits subject to design review commission approval. 6-2524 - Permit application requirements. 6-2525 - Application review and approval. 6-2526 - Criteria for design review. 6-2527 - Variance. 6-2528 - Appeal procedure. 6-2529 - Fees.
6-2519 - Prohibited signs. The following signs are prohibited: (a) A sign which is unsafe, dilapidated or obsolete;
(b) A sign located less than the legal distance from a communication or electric facility or placed in a manner that conflicts with a rule, regulation or order of the California Public Utilities Commission; (c) A sign on a tree, shrub or other natural object;
(d) A sign placed across or in the public right-of-way, utility easement or on public or publicly maintained property without an encroachment permit approved by the city council other than notices of public hearing placed on utility poles and city-owned banner signs placed on city-owned lampposts in the redevelopment project area along Mount Diablo Boulevard; (e) A sign which violates a condition imposed as part of a sign permit;
(f) A flashing, internally or externally illuminated, moving, rotating, animated or inflated sign except as permitted in this chapter; (g) A sign with flags, flyers, pennants, pinwheels or which utilizes two or more light bulbs on a wire string; (h) A sign which causes an unsafe condition by interfering with the vision of a motorist or which interferes with the safe and convenient passage of pedestrians; (i) A projecting sign, except for a shingle sign, under-marquee sign or projecting banner sign, which complies with Section 6-2552 (j) A sign which extends higher than the upper roof line, ridge line or parapet of a building to which it is attached; (k) A portable, mobile or A-board sign, except as permitted by Section 6-2568
(l) An off-site commercial sign except as permitted by this chapter (e.g., Sections 6-2521(k), 6-2521(n), 6-2568, 6-2569, 6-2571); (m) A residential business sign (see Section 6-327) or home occupation sign (see Section 6-347); (n) A sign advertising tobacco products that is prohibited under Section 5-511
(o)
All other signs not permitted in this chapter.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2520 - Permit required. (a) It is unlawful to install, place, move, alter, replace, suspend or attach a sign (except for maintenance purposes) without a sign permit unless the sign is exempt from permit requirements. (b) No building permit may be issued for a sign until a sign permit is issued.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2521 - Signs exempted from permit requirements. Each of the following signs is permitted without a sign permit if it otherwise complies with the applicable requirements and restrictions of this chapter. Unless otherwise provided, and with the exception of temporary light bulbs on a string (subsection (j)), exempt signs are included in calculating the aggregate sign area allowance (see Sections 6-2560 and 6-2565). Unless otherwise provided no exempt sign shall exceed six feet in height. (a) A flag not exceeding 20 square feet in area and attached to a pole not exceeding 25 feet in height; (b) Governmental sign not exceeding 15 square feet in area and six feet in height;
(c) Information, safety, directional or convenience sign (see Section 6-2502(20)) not exceeding two square feet in area; (d) Mailbox or address identification sign not exceeding 60 square inches in area unless regulations; (e) One official state inspection sign for each type of inspection service offered on a site, located flat against a building and not exceeding four square feet in area; (f) A permanent noncommercial sign not exceeding three square feet in area;
(g) Service club shield, two square feet in area or less when placed on a service club sign (see Section 6-2502(54)); (h) Service club sign (see Section 6-2502(55));
(i) Service station price, information, safety, directional, convenience or island identification sign which complies with Section 6-2570 (j) (k) (l) Temporary light bulbs on a wire string; Temporary construction sign which complies with Section 6-2571 Temporary commercial sign which complies with Section 6-2563
(m) Temporary noncommercial sign less than six square feet in area or less than 12 square feet in area which complies with Section 6-2565
(n) (o)
Temporary realty sign which complies with Section 6-2568 or 6-2569 Window sign (see Section 6-2502(64));
(p) A commercial sign attached to a wall, or sign painted directly on an existing awning provided that: (1) (2) (3) (q) The sign is on a principal business frontage, and The sign is not internally or externally illuminated, and The total area of this sign and any other permitted sign does not exceed 20 square feet;
City-owned banner signs placed on city-owned lampposts.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2522 - Permits subject to planning services manager approval. The planning services manager may approve a permit for each of the following signs without design review commission approval and without a public hearing: (a) Externally illuminated attached wall sign for a single land use which complies with other applicable size limitations in this chapter, provided that the combined total area of all signs, excluding exempt signs, does not exceed 20 square feet in area; (b) Carved wooden wall sign with a nominal thickness of two inches or greater which meets the following specifications: (1) The sign is constructed entirely of wood which is at least two inches in thickness,
(2) The letters and design features are carved or sandblasted and each design addition is doweled and glued, (3) The size of the sign complies with other applicable limitations in this chapter, e.g., Section 6-2560 (4) (5) (c) Colors are not iridescent or fluorescent (gold lettering is permissible), If external illumination is used, the source of light is shielded from public view;
Sign for a building conforming to an approved master sign plan;
(d) With the exception of a temporary noncommercial sign which complies with Section 6-2565, a temporary noncommercial sign more than six square feet in area, which conforms to Section 6-2526, Criteria for design review; (e) (f) Subdivision sign, which conforms to Section 6-2568(e); Apartment and rooming house sign, which complies with Section 6-2564
(g) Projecting banner or under-marquee signs seven and one-half square feet or less in area and which conform to Section 6-2526, Criteria for design review, and Section 6-2552, Projecting
signs. (Ord. 565 2 (Exh. A) (part), 2007) 6-2523 - Permits subject to design review commission approval. Except as provided in Sections 6-2521 (signs exempt from permit requirements) and 6-2522 (signs which the planning services manager may approve) and 6-2519 (signs which are unconditionally prohibited), each of the following signs requires design review commission approval for a permit: (a) (b) (c) (d) (e) (f) (g) Banner (see Section 6-2502(4)); Business sign which does not comply with Section 6-2521 or 6-2522 Freestanding or monument (see Sections 6-2502(15) and (29) and 6-2554); Hotel and motel (see Section 6-2502(17)); Institution (see Section 6-2502(21)); Neighborhood identification (see Section 6-2502(31)); Painted sign (i.e., painted directly on a wall, fence or awning) (see Section 6-2502(41));
(h) Projecting shingle and under-marquee, and projecting banner (see Sections 6-2502(49) and 6-2552, except as may be permitted under Section 6-2522 above); (i) (j) Roof (see Section 6-2502(53)); Service station sign which complies with Section 6-2570
(Ord. 565 2 (Exh. A) (part), 2007) 6-2524 - Permit application requirements. (a) The application for a sign permit shall be on a form provided by the city and shall contain the following information: (1) An accurate plan with complete dimensions and a map or plot plan to scale showing the location, size, colors, shape, materials, type of illumination, size and style of lettering, copy design and the proposed manner of installation; (2) The size and location of every existing sign on the premises;
(3) Whether a variance is requested and the factual basis to support the granting of a variance under Section 6-2527 (4) The signature of the property owner, his agent or the property tenant where the sign will be placed; (5) If a master sign plan was approved by the city, an applicant whose sign conforms to that plan may refer to it in his application and may omit detailed drawings unless specifically requested to provide them; and
(6) (b)
Other information reasonably requested by the city.
An application may relate to only one property but may include more than one sign.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2525 - Application review and approval. (a) The applicant shall file a sign application with the planning services division.
(b) Staff shall review the application for completeness within 14 working days of filing. Unless the applicant is notified that the application is incomplete, an application is considered complete 14 working days after it is filed. (c) The planning services manager shall grant or deny a permit for those signs described in Section 6-2522 within 30 calendar days after the application is considered complete. (d) If design review commission approval is required, the matter shall be set for a public hearing before it. The meeting shall be scheduled for the next available regular meeting after the application is considered complete and for which adequate notice can be given unless the applicant agrees to an extension of time. The public hearing shall be held after giving notice to the applicant and to each person requesting notice of the hearing by mailing written notice of the time and place of the hearing at least ten days before the date set for the hearing. (e) In approving a sign permit, the design review commission may impose conditions related to the design criteria described in Section 6-2526 (f) If an application is approved, conditionally approved or denied, the planning services manager or design review commission shall inform the applicant in writing and make written findings setting forth the reasons. (Ord. 565 2 (Exh. A) (part), 2007) 6-2526 - Criteria for design review. The design review commission shall apply the following design criteria in reviewing each sign application: (a) Architectural Compatibility. The sign shall be compatible in size, character and quality of design with the exterior architecture of the premises and other structures in the immediate area. (b) Simplicity. To the extent feasible, the sign should be graphic and with limited use of words, with the design emphasis on simplicity of style. A simple design or abstract graphic design is preferred. Similarly, a simple sign frame and supporting structure is preferred. (c) Identification. A commercial sign should be designed for the primary purpose of identifying a business or office. (d) Fewer Signs. In the use of the total sign allowance at a particular premises, the use of a minimum number of signs is preferred to the use of many signs so that a cluttered effect is avoided. (e) Shape, Size and Orientation. The shape of a sign should not conflict with the architectural
lines of its setting. Signs should be directed toward the passing motorist and the pedestrian. No sign should be designed to be readable from the freeway or to attract motorists from a great distance. (f) Illumination and Colors. A sign must not overpower its surroundings through hue, saturation and brilliance or close combination of incompatible colors. Sources of illumination should be screened from public view and should be designed to avoid glare onto a street or adjacent property. (g) Landscaping. A sign should be placed with consideration for existing and future growth of trees and other landscaping. A freestanding sign must be placed in a landscaped area or planter, with landscaping maintained in a thriving manner. (h) Compatibility with Adjacent Uses. The design and location of a sign should not impair the visibility or the design quality of existing conforming signs. (Ord. 565 2 (Exh. A) (part), 2007) 6-2527 - Variance. (a) When practical difficulty, unnecessary hardship or a result which is inconsistent with the purpose and intent of this chapter occurs from the strict application of this chapter, the design review commission may grant a variance with respect to the regulations in this chapter relating to the height, area, location or number of signs allowed if it finds that all of the following conditions exist: (1) Because of special circumstances concerning the subject property, including size, shape, topography, location or surroundings, the strict application of this chapter would deprive the applicant of privileges enjoyed at other properties in the vicinity and in the same land use district; (2) The variance would not constitute a grant of special privilege which is not generally available to other property in the vicinity and in the same land use district; (3) The special conditions or unique characteristics of the property were not created by the applicant, property owner, tenant, lessee or any party otherwise in control of the property. (b) The procedure for the application, notice and hearing, grant, conditional grant or denial and for administration of a variance after it is granted, is that prescribed in Section 6-201 et seq. of the municipal code. (Ord. 565 2 (Exh. A) (part), 2007) 6-2528 - Appeal procedure. (a) A person aggrieved by an action of the planning services manager or the design review commission may appeal the action to the city council. (b) The city council shall set the fee for an appeal by resolution.
(c) The procedure for taking an appeal, giving notice to interested parties, holding the hearing, and making the decision is that prescribed in Section 6-233 of the municipal code. (Ord. 565 2 (Exh. A) (part), 2007)
6-2529 - Fees. (a) (b) The fee for a sign permit shall be established by the city council by resolution. The applicant shall pay the fee at the time of filing the application. The fee is nonrefundable.
(c) If installation work begins or a sign is installed, moved, altered, replaced, repaired, suspended or attached without a permit, staff shall conduct an inspection and the applicant shall pay a fee equivalent to double the usual fee whether or not a permit is subsequently issued. (Ord. 565 2 (Exh. A) (part), 2007)
Article 3. - Master Sign Plan

6-2540 - Master sign plan. 6-2541 - Procedure for review. 6-2542 - Sign permit application requirements under master sign plan.
6-2540 - Master sign plan. Each building, addition or complex which contains two or more business or office uses may have an approved master sign plan applicable to each sign in the building complex. (Ord. 565 2 (Exh. A) (part), 2007) 6-2541 - Procedure for review. (a) An application for a master sign plan is subject to review by the design review commission.
(b) The owner of a building or his agent may apply for approval of a master sign plan. The procedures set forth in Article 2 apply. (c) A master sign plan may be approved only if it meets the applicable sign requirements of this chapter, including but not limited to the design review criteria in Section 6-2526 (Ord. 565 2 (Exh. A) (part), 2007) 6-2542 - Sign permit application requirements under master sign plan. Each sign included in a master sign plan is subject to permit requirements in this chapter. The applicant for a sign permit may file a simplified permit application under Section 6-2524(a)(5) and need not obtain separate design review commission approval. (Ord. 565 2 (Exh. A) (part), 2007)
Article 4. - General Sign Limitations

6-2550 - Applicability of Article 4. 6-2551 - Method of calculating sign area and sign height. 6-2552 - Projecting signsShingle, projecting banner, and under-marquee. 6-2553 - Wall signs. 6-2554 - Freestanding signs. 6-2555 - Compliance with applicable codes.
6-2550 - Applicability of Article 4. Except as otherwise specifically provided in Article 5, the regulations in this article apply to each sign in every zoning district. (Ord. 565 2 (Exh. A) (part), 2007). 6-2551 - Method of calculating sign area and sign height. (a) Sign area shall be calculated by computing the square footage of each sign face (but not the supporting sign structure unless it forms part of the display or background for the display). The area of an irregular shaped sign shall be the area within a single continuous perimeter composed of squares, rectangles, or other geometric shapes, which enclose the extreme limits of the sign. When calculating for purposes of measuring the aggregate sign area allowed on the premises, all sign faces are counted. (b) Sign height shall be calculated by measuring the vertical distance from the uppermost point used in measuring the area of a sign to the ground immediately below such point or the level of the upper surface to the nearest curb of the street upon which the sign fronts, whichever measurement is less. (c) Every sign, except an exempt window sign and except as otherwise specifically provided in this chapter, is counted toward the total sign allowance. (Ord. 565 2 (Exh. A) (part), 2007) 6-2552 - Projecting signsShingle, projecting banner, and under-marquee. A projecting sign allowable under Section 6-2523(h) must meet the following requirements: (a) The sign shall provide at least seven and one-half feet clearance above grade where it is over a pedestrian area and shall not be higher than the elevation of the eaves of the building to which it is attached. (b) The sign may not be internally illuminated.
(c) A commercial projecting sign may be used only to display a nonverbal design or to announce the name of the business and the principal classification of goods sold or service offered on the premises. (Ord. 565 2 (Exh. A) (part), 2007) 6-2553 - Wall signs. A wall sign may not extend beyond the wall of the premises and may not exceed eight inches in thickness.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2554 - Freestanding signs. A freestanding sign allowable under Section 6-2523(c) must meet the following requirements: (a) (b) There may be only one freestanding sign per street frontage. The height of the sign may not exceed eight feet from the ground.
(c) The sign may not exceed 25 square feet in area per side unless otherwise permitted in this chapter. (d) A freestanding sign is only allowed when it is reasonably necessary. For example, a freestanding sign may be reasonably necessary when: (1) The building in which the business is conducted is set back from the street or obscured from view by an adjacent structure or vegetation in such a manner that adequate identification cannot be obtained from signs attached to the building; or (2) The architectural style, materials or elements of construction are such that a sign attached to the building would be in conflict with the design or character of the building. (e) A freestanding sign may be used only to announce the name of the business or site, the address, and the principal classification of goods sold or service offered on the premises. (f) The sign must be placed in a landscaped area or planter and the landscaping must be continuously maintained. (g) A freestanding sign requires design review approval before a permit may be granted.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2555 - Compliance with applicable codes. Each sign shall be constructed and maintained in accordance with applicable provisions of the Uniform Building Code and Electrical Code. (Ord. 565 2 (Exh. A) (part), 2007)
Article 5. - Requirements and Limitation on Special Uses

6-2560 - Maximum area for business signs. 6-2561 - Sign copy for business signs. 6-2562 - Sign for office, mixed use buildings and mixed use office complexes. 6-2563 - Temporary commercial signs. 6-2564 - Apartment and rooming house signs. 6-2565 - Residential signs. 6-2566 - Institution signs. 6-2567 - Neighborhood identification signs. Lafayette, California, Code of Ordinances Page 286 of 306
Title 6 - PLANNING AND LAND USE* Part 7. - Special Housing Regulations Chapter 6-34 - REASONABLE ACCOMMODATION 6-2568 - Temporary residential realty signs. 6-2569 - Temporary commercial realty signs. 6-2570 - Service station signs. 6-2571 - Temporary construction signs.
6-2560 - Maximum area for business signs. (a) Except as otherwise provided in this article, for a particular use, the maximum total sign allowance for a ground floor principal business frontage is indicated in the table below and is based upon application of the principal business frontage rules (see subsection (b) below): Maximum Allowed Signage for a Principal Business Frontage Principal Business Frontage (Linear Feet) Total Sign Allowance (Square Feet) 24 or fewer 20 24.1 to 26 23 26.1 to 28 29 28.1 to 30 34 30.1 to 32 39 32.1 to 34 44 34.1 to 36 49 36.1 to 38 53 38.1 to 40 57 40.1 to 42 61 42.1 to 44 65 44.1 to 46 68 46.1 to 48 71 48.1 to 50 75 50.1 to 52 78 52.1 to 54 81 54.1 to 56 83 56.1 to 58 86 58.1 to 60 89 60.1 to 62 91 62.1 to 64 94 64.1 to 66 96 66.1 to 68 98 70 or more 100 (b) If a business has more than one side which qualifies as a principal frontage, the following rules apply: (1) When the principal business frontages are on opposite sides of the building, the total sign area calculated for each frontage may be placed on that frontage.
(2) When the principal business frontage are on adjacent sides of the building, only one frontage may be used for a principal frontage calculation, but the sign allowance may be distributed in any manner on the two sides. (3) If three or more walls of a building qualify as principal business frontage, both of the above rules apply. However, in distributing the total sign allowance, the sign area on any two adjacent sides may not exceed the area permitted on the largest principal business frontage use. (4) A business may distribute to the frontage along the street which provides its official Post Office address, the signage which would be permitted on its largest principal business frontage. (c) A business whose principal frontage is not on the ground floor and which has an independent exterior customer entrance is allowed a maximum of 20 square feet of signage. (Ord. 565 2 (Exh. A) (part), 2007) 6-2561 - Sign copy for business signs. The copy of a business sign is limited to: (1) the name of the business, (2) the address, and (3) the principal classification of goods sold or services offered. (Ord. 565 2 (Exh. A) (part), 2007) 6-2562 - Sign for office, mixed use buildings and mixed use office complexes. (a) The regulations in this section apply to each office building, mixed use building or mixed use office complex. (b) An office or mixed use building or mixed use complex is limited to the following allowable signs: (1) One master identification sign, not exceeding 25 square feet in area, at each adjacent street containing the name and address of the building or complex; (2) A directory sign which identifies each tenant of the building or complex. The directory sign may not exceed 25 square feet in area; (3) Individual office signs not exceeding two square feet per tenant;
(4) A ground floor business having direct customer entry from a public open space may have a sign which meets the specifications in Section 6-2560; and (5) A business whose principal frontage is not on the ground floor and which has an independent exterior customer entrance, may have a sign up to a maximum of 20 square feet. (Ord. 565 2 (Exh. A) (part), 2007) 6-2563 - Temporary commercial signs. An on-premises temporary commercial sign is allowed for a business established at a new location after July 10, 1996 without a sign permit provided it complies with Section 6-2561 and: (a) The aggregate sign area of all signs does not exceed 30 square feet;
(b) Each allowed sign may remain in place only while the new business is going through the necessary administrative procedure to obtain and install its permanent business sign. In no event shall a temporary commercial sign be in place for longer than 90 days; and (c) No more than one sign is allowed on each principal frontage.
(Ord. 565 2 (Exh. A) (part), 2007) 6-2564 - Apartment and rooming house signs. The total sign allowance for the identification of an apartment building or a rooming house is computed on the basis of one square foot for each rentable unit. The maximum area allowed is 12 square feet. (Ord. 565 2 (Exh. A) (part), 2007) 6-2565 - Residential signs. This section shall apply to signs on property that contains a residential use or is located in a residentially zoned district. (a) A sign, including an exempt sign, shall not: (1) Be located on a roof or, with the exception of a flag (Section 6-2502(13)), extend above the ground floor of the residence; (2) Be internally illuminated, or externally illuminated with a spot light or other source of light specifically designed for the sign with the exception of a mailbox or address identification sign (Section 6-2502(23)) and a neighborhood identification sign (Sections 6-2520(31); 6-2567); (3) Exceed six feet in height, with the exception of a flag (Sections 6-2502(13) and 6-2521(a)). (b) The total aggregate area of all signs, including exempt signs, shall not exceed 80 square feet per parcel, of which only 32 square feet may be permanent. (c) In addition to the aggregate area allowed under subsection (b), each parcel may contain an additional 180 square feet of temporary noncommercial signage for a total of 45 days or less in a calendar year, and notwithstanding the requirements of this chapter, each temporary noncommercial sign may be as large as 12 square feet in area and six feet in height. This 45-day period is in addition to the 90-day period otherwise allowed for temporary noncommercial signs. (d) Notwithstanding Section 6-2527(b), a property owner or a tenant may apply for a variance under Section 6-2527 for noncommercial signs. (Ord. 565 2 (Exh. A) (part), 2007) 6-2566 - Institution signs. An institution sign identifying the institutional use shall not exceed 25 square feet in area. (Ord. 565 2 (Exh. A) (part), 2007)
6-2567 - Neighborhood identification signs. A neighborhood identification sign may not exceed 25 square feet in area. A neighborhood identification sign may be placed only at each main entrance to a neighborhood. (Ord. 565 2 (Exh. A) (part), 2007) 6-2568 - Temporary residential realty signs. This section is intended to complement Civil Code Sections 712 and 713. A real property owner or his agent may display on the owner's real property and on real property owned by others, with the other's consent, one sign each which is reasonably located, in plain view of the public, and which does not adversely affect public safety, including traffic safety, provided the sign meets the requirements of this section: (a) The sign may advertise that the property is for sale, for lease or for exchange. It may include directions to the property, the owner's or agent's name, and the owner's or agent's address and telephone number. (b) The sign shall not exceed four square feet in area.
(c) An off-site open house real estate sign that complies with Sections 6-2568(a) and (b) is permitted and may be placed only on the day and during the hours that the property is available for public showing and may be a portable or A-board sign. For each parcel there may be only one sign per intersection and no sign may be located farther from the property than the closest main thoroughfare intersection. The sign must be removed after each day of showing. (d) On an unimproved lot that is capable of being subdivided, a for sale, for lease or for exchange sign shall not exceed 16 square feet in area. (e) For a recorded subdivision, no more than one on-site subdivision sign and one off-site subdivision sign on real property owned by another with the other's consent is allowed. A subdivision sign shall not exceed 16 square feet in area or eight feet in height and shall not be placed within 100 feet of an occupied residence. (f) A temporary residential realty sign may not be internally or externally illuminated.
(g) A temporary residential realty sign shall be removed either: (1) no more than 90 days after placement; or (2) ten days after the sale of the property to which it relates, whichever is earlier. (Ord. 565 2 (Exh. A) (part), 2007) 6-2569 - Temporary commercial realty signs. A commercial property owner or his agent may display on the owner's commercial property and on commercial property owned by another, with the other's consent, one sign each which is reasonably located, in plain view of the public, and which does not adversely affect public safety, including traffic safety, provided the sign meets the requirements of this section: (a) A for sale, for lease, or for exchange sign that is placed on commercial property shall not exceed 32 square feet in area and shall not be internally or externally illuminated.
(b)
No more than one temporary commercial realty sign is allowed per site.
(c) The copy shall be limited to the name of the seller or agent, address and telephone number, directions to the property and whether the property is for sale, lease or exchange. (d) The sign shall be removed either: (1) no more than 90 days after placement; or (2) ten days after the sale of the property to which it relates, whichever is earlier. (Ord. 565 2 (Exh. A) (part), 2007) 6-2570 - Service station signs. (a) The total area allowance for all signs at a service station is 70 square feet, not including exempt signs. (b) An individual sign face may not exceed 25 square feet in area unless a specific limitation is imposed by this section. (c) A roof sign is prohibited.
(d) A price sign may be placed without a permit if it complies with this subsection and with Sections 13530 et seq. of the Business and Professions Code, and: (1) The sign does not exceed 15 square feet in area;
(2) A price sign may not be attached to another sign. It must be either a wall sign or a sign suspended from or mounted on the supporting structure of a canopy. It may not be a freestanding sign; (3) A price sign required by the Business and Professions Code, but not in compliance with this section, requires a permit. A permit for a noncomplying sign may be issued only if the finding is made that it is not feasible for the required sign to conform to this section. (e) Each of the following signs does not require a permit and is not included in the total sign allowance of subsection (a) of this section: (1) An information, safety, direction or convenience sign two square feet or less in area;
(2) A sign intended solely to identify an island as full service, mini-serve or self-serve. The sign may not exceed four square feet in area and must be attached to the supporting structure of the canopy. There may be no more than two such signs per island. The sign may not be internally illuminated. (Ord. 565 2 (Exh. A) (part), 2007) 6-2571 - Temporary construction signs. (a) A temporary construction sign is limited to one sign per street frontage of the project and shall not be internally or externally illuminated. (b) A temporary construction sign placed in a commercially zoned district shall not exceed 32 square feet in area and six feet in height.
(c) A temporary construction sign placed in a residentially zoned district shall not exceed four square feet in area and six feet in height. (d) The sign shall be removed either: (1) no more than 90 days after placement; or (2) ten days after the construction to which it relates has been suspended, terminated, abandoned or otherwise concluded, whichever is earlier. (Ord. 565 2 (Exh. A) (part), 2007)
Article 6. - Enforcement
6-2580 - Violation. 6-2581 - Lawfully erected nonconforming signs. 6-2582 - Abatement of illegal signs.
6-2580 - Violation. A violation of this chapter may be subject to enforcement in accordance with Chapter 1-9 and/or Chapter 8-21 of this municipal code. (Ord. 565 2 (Exh. A) (part), 2007) 6-2581 - Lawfully erected nonconforming signs. A lawfully erected nonconforming sign is not subject to the new requirements of this chapter. Alteration, enlargement or replacement of a lawfully erected nonconforming sign makes the sign illegal and requires conformity with the provisions of this chapter. (Ord. 565 2 (Exh. A) (part), 2007) 6-2582 - Abatement of illegal signs. (a) If the code enforcement officer determines that an illegal sign poses an immediate danger to the general welfare, health and safety, the sign may be abated without the necessity for prior notice or hearing. (b) If an illegal sign is located in the public right-of-way, the code enforcement officer may remove such signage without prior notice of hearing. The officer shall notify the sign's owner or sponsor of the removal and give 30 days notice for retrieval of the sign. If the owner or sponsor does not retrieve the sign within 30 days, the officer may dispose of the sign as it sees fit without further liability to the owner or sponsor for this action. (c) Any other illegal signs may be subject to abatement in accordance with Chapter 8-21 of this code.
(d) The owner or sponsor of an abated sign shall be responsible for all the city's abatement and associated administrative costs. (Ord. 565 2 (Exh. A) (part), 2007)
Chapter 6-26 - RESERVED [7]

(7)
Editor's note Ord. No. 578, 2, adopted Jan. 26, 2009, repealed Ch. 6-26, which pertained to public art and derived from Ord. 546 2 (part), 2004.
Part 6. - Subdivisions
Chapter 6-30 - TENTATIVE MAPS Chapter 6-31 - (Repealed by Ordinance 528, effective 8/7/02) Chapter 6-32 - CONDOMINIUM CONVERSIONS
Chapter 6-30 - TENTATIVE MAPS

Sections:
6-3001 - County Code Section 94-2.604 amendedFiling generally. 6-3002 - County Code Section 922-2.206 amendedApplication fee. 6-3003 - County Code Section 94-2.610 amendedExpiration and extension. 6-3004 - County Code Section 94-2.1002 amendedAppeal procedure and fee.
6-3001 - County Code Section 94-2.604 amendedFiling generally. Section 94-2.604 of the Contra Costa County Ordinance Code, as adopted by reference by the city, is amended to read as follows: Section 94-2.604. FilingGenerally. The subdivider shall file with the Planning Director twenty-five (25) prints of the tentative map of the subdivision, together with such filing fee as the City Council may by Resolution prescribe. The time of filing a tentative map and the required accompanying statement is the time at which the same is accepted by the planning staff. The planning staff, within two (2) working days after the tentative map has been received, shall examine the map and if it appears to substantially comply in form and content, the map shall be accepted for filing. If it is not accepted, it shall be returned to the subdivider with a written statement of the reason. (Ord. 131 2(a) (part), 1975) 6-3002 - County Code Section 922-2.206 amendedApplication fee. Section 922-2.206 of the Contra Costa County Ordinance Code, as adopted by reference by the city, is amended to read as follows: Section 922-2.206. ApplicationFee. The application fee will be as prescribed by Resolution of the City Council. (Ord. 131 2(c) (part), 1975) 6-3003 - County Code Section 94-2.610 amendedExpiration and extension. Section 94-2.610 of the Contra Costa County Ordinance Code, as adopted by reference by the city, is amended to read as follows: Section 94-2.610. ExpirationExtension. The approval or conditional approval of a tentative map for five or more lots expires twenty-four months after its original approval. The approval or conditional approval of a tentative map for four or fewer lots expires twelve months after its original approval. These expirations terminate all proceedings, and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. Upon application by the subdivider, filed before this expiration date, the City Planning Commission may extend this expiration date for a period or periods totaling not more than twenty-four months after the original expiration date. (Ord. 288 2 (part), 1983)
6-3004 - County Code Section 94-2.1002 amendedAppeal procedure and fee. Section 94-2.1002 of the Contra Costa County Ordinance Code, as adopted by reference by the city, is amended to read as follows: Section 94-2.1002. Appeal Procedure Fee. Either the subdivider or any other interested person who is adversely affected by a decision of the Planning Commission with respect to the tentative map, or as to the kind, nature, and extent of improvements required by the Planning Commission, may appeal within fifteen (15) days after such action to the City Council as provided in Section 66452.5 of the Government Code. The fee for such appeal shall be as prescribed by Resolution of the City Council. (Ord. 131 2(b) (part), 1975)
Chapter 6-31 - (Repealed by Ordinance 528, effective 8/7/02)
Chapter 6-32 - CONDOMINIUM CONVERSIONS

Sections:
6-3201 - Purpose. 6-3202 - Application requirements. 6-3203 - Procedures. 6-3204 - Physical standards for condominium conversions. 6-3205 - Tenant provisions. 6-3206 - Effect of proposed conversion on the city's low-income and moderate-income housing supply. 6-3207 - Limitation. 6-3208 - Findings.
6-3201 - Purpose. The purpose of this chapter is: (a) To establish criteria for the conversion of existing multiple-family rental housing to condominiums; (b) To reduce the impact of such conversions on residents in rental housing who may be required to relocate due to the conversion of apartments to condominiums by providing procedures for notification and adequate time and assistance for such relocation; (c) To ensure that purchasers of converted housing have been properly informed as to the physical condition of the structure which is offered for purchase;
(d) To ensure that converted housing achieves a high degree of appearance, quality and safety and is consistent with the goals of the city; (e) To provide a reasonable balance of ownership and rental housing in Lafayette and a variety of choices of tenure, type, price and location of housing; and (f) To maintain a supply of rental housing for low-income and moderate-income persons.
(Ord. 337 1(a) (part), (b) (part), 1985; Ord. 218 1 (part), 1979) 6-3202 - Application requirements. In addition to the other requirements and procedures as set forth in this title, conversions shall be subject to the additional requirements provided in this chapter. The application for approval of the tentative map for the condominium subdivision shall be accompanied by the following items: (a) Physical Elements Report. A report on the physical elements of all structures and facilities which shall include, but not be limited to, the following: (1) A report detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, ceilings, windows, recreational facilities, sound transmission of each building, mechanical equipment, parking facilities, and appliances. Regarding each such element, the report shall state, to the best knowledge or estimate of the applicant, when such element was built; the condition of each element; when the element was replaced; the approximate date upon which the element will require replacement; the cost of replacing the element; and any variation of the physical condition of the element from the current zoning and from the county housing code and county building code in effect on the date that the last building permit was issued for the subject structure. The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed, (2) A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure, (3) A report on any known soil and geological conditions regarding soil deposits, rock formations, faults, groundwater, and landslides in the vicinity of the project and a statement regarding any known evidence of soils problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report, (4) A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety; (b) A declaration of covenants, conditions and restrictions which would be applied on behalf of any and all owners of condominium units within the project. The declaration shall include, but not be limited to, pertinent information regarding the conveyance of units and the assignment of parking; an agreement for common area maintenance, including facilities and landscaping, together with an estimate of any initial assessment fees anticipated for such maintenance; and an indication of appropriate responsibilities for maintenance of all utility lines and services for each unit; (c) Specific information concerning the demographic characteristics of the project, including but not limited to the following:
(1) (2) (3)
Square footage and number of rooms in each unit, Rental rate history for each type of unit for the previous five years, Monthly vacancy rate for each month during the preceding two years,
(4) Makeup of existing tenant households, including family size, length of residence, age of tenants, and whether receiving federal or state rent subsidies, (5) (6) (7) (8) Proposed sale price of units, Proposed homeowners' association fee, Financing available, and Names and addresses of all tenants.
When the subdivider can demonstrate that such information is not available, this requirement may be modified by the planning director; (d) Signed copies from each tenant of notice of intent to convert, as specified in Section 6-3204(a); or evidence that a certified letter of notification was sent to each tenant for whom a signed copy of said notice is not submitted; (e) Any other information which, in the opinion of the planning director, will assist in determining whether the proposed project will be consistent with the purposes of this chapter. (Ord. 337 1(a) (part), (b) (part), 1985; Ord. 218 1 (part), 1979) 6-3203 - Procedures. (a) Acceptance of Reports. The final form of the physical elements report and other documents shall be as approved by the city. The reports in their acceptance form shall remain on file with the planning department for review by any interested persons. The report shall be referenced in the subdivision report to the planning commission. (b) Copy to Buyers. The subdivider shall provide each purchaser with a copy of all reports (in their final, acceptable form), except the information required by Sections 6-3202 (c) and (d), prior to the purchaser executing any purchase agreement or other contract to purchase a unit in the project, and the developer shall give the purchaser sufficient time to review such reports. Copies of the reports shall be made available at all times at the sales office and shall be posted at various locations, as approved by the city, at the project site. (c) Hearing. Prior to tentative map approval, the planning commission shall hold a public hearing. Notice of the hearing shall be given to tenants of the proposed conversion and posted on the property at least ten days prior to the meeting date. (Ord. 337 1(a) (part), 1985; Ord. 218 1 (part), 1979) 6-3204 - Physical standards for condominium conversions. The following physical standards apply to a condominium conversion. These standards must be satisfied, or security provided in a form approved by the city attorney, before the final map is approved.
(a) Building Regulations. The project shall conform to the applicable standards of the Contra Costa County building code in effect at the time the structures were completed. (b) Fire Prevention. (1) Smoke Detectors. Each living unit shall be provided with approved detectors of products of combustion other than heat, conforming to the latest U.B.C. standards, mounted on the ceiling or wall centrally located in the corridor or area giving access to rooms used for sleeping purposes. (2) Maintenance of Fire Protection System. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times. (c) Sound Transmission. (1) Vibration Transmission. All permanent mechanical equipment, such as motors, compressors, pumps and compactors which is determined by the building inspector to be a source of structural vibrations or structure-borne noise shall be vibration-isolated with inertia blocks or bases and/or vibration isolator springs in manner approved by the building inspector. (2) Noise Standards. The structures shall conform to all interior and exterior sound transmission standards of the State Administrative Code, Title 24 and Uniform Building Code, Appendix Chapter 35 as administered by the Contra Costa County building inspection department. In such cases where present standards cannot reasonably be met, the planning commission may require the applicant to notify potential buyers of the noise deficiency currently within these units. (d) Utility Metering. Each dwelling unit shall be separately metered for gas and electric.
(e) Private Storage Space. Each unit shall have at least 200 cubic feet of enclosed weatherproofed and lockable private storage space in addition to guest, linen, pantry and clothes closets customarily provided. Such space shall be provided in any location approved by the planning director, but shall not be divided into two or more locations. In cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission. (f) Laundry Facilities. A laundry area shall be provided in each unit; or if common laundry areas are provided, such facilities shall consist of no less than one automatic washer and dryer for each five units or fraction thereof. In cases where the subdivider can demonstrate that this standard cannot or should not reasonably be met, this standard may be modified by the planning commission. (g) Landscape Maintenance. All landscaping shall be restored as necessary and maintained to achieve a high degree of appearance and quality. (h) Parking. Off-street parking shall be provide in accordance with the provisions of Chapter 6-6 of this title, except that the number of spaces shall be as follows: (1) One-bedroom units, 1.5 spaces per unit;
(2)
Two or more bedroom units, 2.0 spaces per unit.
In cases where it can be demonstrated that because of the physical limitations of the site or that there would result a severe loss of amenities due to the provision of required parking, the planning commission may reduce the number of stalls required above, to that number required by the zoning ordinance. (i) Refurbishing and Restoration. All main buildings, structures, fences, patio enclosures, carports, accessory buildings, sidewalks, driveways, landscaped areas and additional elements as required by the planning director shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. Such refurbishing and restoration is subject to review and approval by the planning director. (j) Additional Requirements. In addition to the above physical standards, an existing residential project may not be converted unless it has all of the following characteristics: (1) (2) (3) (4) (5) Twenty or fewer units; Excellent condition; Townhouse-style units (one floor of each unit at ground level); Separate exterior entrance for each unit; Patio or balcony for each unit.
(Ord. 337 1(a) (part), 2, 1985: Ord. 218 1 (part), 1979) 6-3205 - Tenant provisions. (a) Notice of Intent. A notice of intent to convert shall be delivered to each tenant. Evidence of receipt shall be submitted with the tentative map. The form of the notice shall be as approved by the planning director and shall contain not less than the following: (1) (2) (3) (4) (5) (6) (7) (8) (9) Name and address of current owner; Name and address of the proposed subdivider; Approximate date on which the tentative map is proposed to be filed; Approximate date on which the final map or parcel map is to be filed; Approximate date on which the unit is to be vacated by non-purchasing tenants; Tenant's right to purchase; Tenant's right of notification to vacate; Relocation information; Statement of no rent increase;
(10) Provision for special cases;

(11) Provision of moving expenses; (12) Deposit rebate; (13) Remodeling provisions; (14) Other information as deemed necessary by the planning director. (b) Tenant's Right to Purchase. As provided in Government Code Section 66427.1(d), any present tenant or tenants of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 90 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. (c) Vacation of Units. Each non-purchasing tenant, not in default, under the obligations of the rental agreement or lease under which he occupies his unit, shall have not less than 180 days from the date of receipt of notification from the subdivider of his intent to convert, or from the filing date of the final subdivision map or parcel map, whichever date is later, to find substitute housing and to relocate. (d) No Increase in Rents. A tenant's rent shall not be increased during the period between the filing of the tentative map and the tenant's relocation, or the denial or withdrawal of the map. (e) Other Available Rentals. The subdivider shall provide tenants not wishing to purchase a unit with up-to-date information of available apartments of comparable size and price, and located within a 15-mile radius of the apartment to be converted; and shall provide transportation to assist elderly or handicapped tenants in finding alternative housing. (f) Special Cases. Any non-purchasing tenant aged 62 or older, or handicapped, or with minor children in school, shall be given at least an additional six months in which to find suitable replacement housing. (g) Deposits. All security, cleaning or other deposits made as a condition of tenancy shall be returned to the tenant prior to termination of tenancy, unless it can be shown that damage has occurred to the unit beyond the scope of repairs or remodeling contemplated in the conversion process, or unless the landlord is otherwise entitled to the deposit. (h) Moving Expenses. The subdivider shall provide moving expenses of one and one-half times the monthly rent to any tenant who relocates from the building to be converted after receipt of notification from the subdivider of his intent to convert, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. (i) Remodeling. No remodeling, planned as part of the conversion, shall be performed in a unit still occupied by a non-purchasing tenant without his written permission. (j) Notice to New Tenants. After submittal of the tentative map, any prospective tenants shall be notified in writing of the intent to convert prior to leasing or renting any unit. (Ord. 371 89, 1988; Ord. 337 1(a) (part), 1985; Ord. 218 1 (part), 1979)
6-3206 - Effect of proposed conversion on the city's low-income and moderate-income housing supply. In reviewing requests for conversion of existing apartments to condominiums, the planning commission shall consider the following: (a) Whether or not the amount and impact of the displacement of tenants, if the conversion is approved, would be detrimental to the health, safety or general welfare of the community; (b) The role that the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine whether the existing apartment complex is serving low-income and moderate-income households. Standard definitions of low-income and moderate-income rents used by the federal and state governments will be used in the evaluation. Along with other factors, the city will consider the following: (1) The number of families on current waiting lists for assisted rental housing programs that operate in Lafayette, such as the Section 8, Section 23 and Section 236 programs, (2) The probable income range of tenants living in existing apartments based on the assumption that households should pay between one-quarter and one-third of their income for housing. That income range will be compared with existing income limits for said Section 8 program to determine whether potential displaced tenants can be categorized as low-income and moderate-income; (c) The vacancy rate and turnover rate in multiple-family rental housing in the community and the extent to which the proposed conversion will create hardships. A conversion may be denied based upon a lack of reasonable alternative housing opportunities, in the discretion of the city; (d) The need and demand for lower-cost home-ownership opportunities which are increased by the conversion of apartments to condominiums; (e) The current and historical vacancy rate in the project. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five years and the average monthly vacancy rate for the project over the preceding two years shall be considered. If the planning commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative map may be disapproved; (f) Whether or not the conversion will be detrimental to the retention of low and moderate housing stock or reduce or alter significantly the opportunity within the city for the housing of young and elderly citizens. (Ord. 337 1(a) (part), 3, 1985; Ord. 218 1 (part), 1979) 6-3207 - Limitation. (a) The total number of apartment units which may be approved for condominium conversion in any one calendar year (beginning January 1, 1985) shall not exceed 12 units. Applications will be considered on a first come, first served basis. If the limit is reached, subsequent applications will be carried over to the next calendar year. (b) By December 1, 1986 the planning department shall report to the planning commission the effect
of this section's limitation on the rental housing stock in Lafayette so that the planning commission can then consider any necessary amendments to this chapter. (Ord. 337 4, 1985) 6-3208 - Findings. The planning commission shall not approve an application for condominium conversion unless it finds that the proposed conversion: (a) (b) Conforms to the requirements of this chapter; Is consistent with the Lafayette general plan; and
(c) Will not displace a significant number of low-income and moderate-income rental units from the city's housing stock. (Ord. 337 1(a) (part), 1985: Ord. 218 1 (part), 1979)
Part 7. - Special Housing Regulations

Chapter 6-34 - REASONABLE ACCOMMODATION
Chapter 6-34 - REASONABLE ACCOMMODATION

Sections:
6-3401 - Purpose. 6-3402 - Definitions. 6-3403 - Application required. 6-3404 - Submittal requirements. 6-3405 - Procedures for reasonable accommodation and modification. 6-3406 - Appeals. 6-3407 - Specific findings required. 6-3408 - Fees. 6-3409 - Conditions of approval.
6-3401 - Purpose. The city of Lafayette's policy is to comply with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act by providing reasonable accommodation in the application of its land use and zoning regulations and reasonable modification in a policy, practice, or procedure for housing designed for occupancy by qualified persons with
disabilities seeking fair access to housing. The city also recognizes the importance of sustaining and enhancing residential neighborhoods. This chapter is intended solely for residential use. In determining whether a requested modification is reasonable, the city will consider, among other relevant factors, the extent to which the modification might be in conflict with the legitimate purposes of its existing zoning regulations, including where relevant, those regulations aimed at sustaining residential neighborhoods and preserving a suitable environment for family life. The purpose of this chapter is to provide a process for making and acting upon requests for reasonable accommodation. (Ord. 556 2 (Exh. A) (part), 2006) 6-3402 - Definitions. (a) "Housing designed for occupancy by, or with supportive services for persons with disabilities" includes a wide range of housing types, including, but not limited to, housing that is physically accessible to people with mobility impairments, residential care facilities for individuals with disabilities or for the elderly, group homes, housing for individuals with Alzheimer's disease, housing for persons with HIV/AIDS, housing with support services and transitional housing that serve homeless with disabilities. (b) "Person with disabilities" means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual. (c) "Reasonable accommodation and modification" means the act of making facilities used by residents readily accessible to and usable by individuals with disabilities, through the removal of constraints within the land use, zoning, permit and processing procedures. (Ord. 556 2 (Exh. A) (part), 2006) 6-3403 - Application required. (a) Any person who requests reasonable modification, based on the disability of residents, in the application of a land use or zoning law which may be acting as a barrier to fair housing opportunities, may do so on a form prescribed for that purpose by the city. (b) If the project for which the request is being made also requires some other planning permit or approval, then the applicant shall file the request together with the application for such permit or approval. (c) If the zoning administrator finds that the proposed development is minimal in nature and complies with the purpose and intent of this chapter and/or other related chapters of this title, the zoning administrator may waive the requirement for related discretionary permits, including, but not limited to, a hillside development permit. (Ord. 556 2 (Exh. A) (part), 2006) 6-3404 - Submittal requirements. The applicant shall provide the following information: (a) (b) Applicant's name, address, and telephone numbers; Project property address;
(c)
The current use of the property;
(d) The zoning code provision, regulation, or policy from which the modification is being requested; (e) The basis for the claim that the person(s) and the housing for which modification is sought qualify under Sections 6-3402(a) and (b) of this chapter, and why the modification is reasonably necessary; (f) Other relevant information as requested by the zoning administrator or his or her designee; and (g) Upon request and when necessary to establish a substantial impairment or the need for a modification, a medical certification may be required (this will not be required where the impairment and need for modification are readily apparent). (Ord. 556 2 (Exh. A) (part), 2006) 6-3405 - Procedures for reasonable accommodation and modification. The procedure for reasonable modification is as follows: (a) Application. An application shall be filed with the zoning administrator on a form approved by the city. The application shall include all submittal requirements as described in Section 6-3404 of this chapter. If assistance is needed to complete the application, or an alternative format for the application is necessary, the zoning administrator should be contacted for assistance. (b) Public Notice. Within ten days of deeming an application complete, a notice of pending application shall be sent to all property owners within 300 feet of the subject property. If the zoning administrator finds that the request for reasonable modification is de minimus in nature and complies with the purpose and intent of this chapter, the zoning administrator may waive the requirement for public notification. If a notice is appropriate, it shall include the following information: (1) (2) Description of reasonable modification request; Statement about the scope of application review permitted by this chapter;
(3) Date by which public comments regarding the application shall be submitted for consideration; (4) (5) Date that the zoning administrator shall make a determination on the application; and Appeal rights as described in Section 6-3406 of this chapter.
(c) Determination. Within 30 days of deeming an application complete, the zoning administrator shall approve, conditionally approve, or deny the application. (d) Expiration of Permit. The permit is valid for 12 months from the date of issuance unless a longer period is stated in the permit. If the applicant does not begin the work authorized by the permit by the expiration date, the permit shall expire. The applicant may request one 12-month extension from the zoning administrator.
(Ord. 556 2 (Exh. A) (part), 2006) 6-3406 - Appeals. A person desiring to appeal the determination of the zoning administrator regarding the approval, conditional approval, or denial of a request for reasonable modification shall file a notice of appeal with the city clerk within 14 days after the date of determination. The city council will consider the appeal within 30 days after the notice is filed. The city council shall limit its consideration of the appeal to whether the reasonable modification meets the findings in Section 6-3407 of this chapter. There shall be no appeal fee for appealing a denial of a request for reasonable modification. (Ord. 556 2 (Exh. A) (part), 2006) 6-3407 - Specific findings required. In making a determination regarding the reasonableness of a requested modification, the following factors shall be considered: (a) (b) (c) (d) (e) Special needs created by the disability; Potential benefit that can be accomplished by the requested modification; Potential impact on surrounding uses; Physical attributes of and any proposed changes to the subject property and structures; Alternatives which may provide an equivalent level of benefit;
(f) Whether the requested modification would impose an undue financial or administrative burden on the city; (g) Whether the requested modification would require a fundamental alteration in the nature or effect of the city's land use and zoning ordinances, programs or policies; (h) Whether the modification would create a "direct threat," which is a significant risk to the health or safety of others, that cannot be eliminated or reduced to an acceptable level by further modification of the city's policies, practices, or procedures; and (i) Whether the requested modification is consistent with the Federal Americans with Disabilities Act, the Federal Fair Housing Act and the California Fair Employment and Housing Act. (Ord. 556 2 (Exh. A) (part), 2006) 6-3408 - Fees. (a) There is no application fee associated with requests for reasonable modification.
(b) No application fee shall apply to the request for reasonable modification unless the request is made concurrently with an application for some other discretionary approval, in which case, the applicant shall pay only the required application fee for the discretionary approval. (Ord. 556 2 (Exh. A) (part), 2006)
6-3409 - Conditions of approval. In granting a request for reasonable modification, the reviewing authority may impose any conditions deemed reasonable and necessary to ensure that the reasonable modification would comply with the findings required by Section 6-3407 of this chapter. Conditions may be imposed to ensure that any removable structures or physical design features that are constructed or installed in association with the reasonable modification be removed once those structures or physical design features are no longer necessary for housing designed for a person with a disability. Any approval or conditional approval of an application may be conditioned to provide for its rescission or automatic expiration under appropriate circumstances. (Ord. 556 2 (Exh. A) (part), 2006)
Title 7 - PUBLIC UTILITIES AND FRANCHISES* Chapter 7-5 - CABLE TELEVISION
Title 7 - PUBLIC UTILITIES AND FRANCHISES*

Chapters:
Chapter 7-1 - GAS DISTRIBUTION FRANCHISE Chapter 7-2 - ELECTRICITY DISTRIBUTION FRANCHISE Chapter 7-3 - UNDERGROUND UTILITIES Chapter 7-4 - (RESERVED) Chapter 7-5 - CABLE TELEVISION
Chapter 7-1 - GAS DISTRIBUTION FRANCHISE

Sections:
7-101 - Definitions. 7-102 - Franchise grant. 7-103 - Relocation of facilities. 7-104 - Franchise term. 7-105 - Franchise fee. 7-106 - Statement of receiptsPayment of fees. 7-107 - Statutory authority. 7-108 - Effective date. 7-109 - Publication costs. 7-110 - Acceptance of franchise.
7-101 - Definitions. Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions: (a) "City" means the city of Lafayette, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (b) (c) "Gas" means natural or artificial gas, or a mixture of natural and artificial gas. "Grantee" means Pacific Gas and Electric Company, and its lawful successors or assigns.
(d) "Install, maintain and use" means to lay, construct, erect, install, operate, maintain, use, repair or replace. (e) "Pipes and appurtenances" means pipes, pipelines, mains, services, traps, vents, vaults,
manholes, meters, gauges, regulators, valves, conduits, appliances, attachments, appurtenances and, without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the streets of the city, and used or useful in transmitting and/or distributing gas. (f) "Streets" means the public streets, ways, alleys and places as the same now or hereafter exist within the city, including state highways now or hereafter established within the city, and freeways hereafter established within the city. (Ord. 15 1, 1968) 7-102 - Franchise grant. The franchise to install, maintain and use in the streets of the city all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes is granted to the grantee. (Ord. 15 2, 1968) 7-103 - Relocation of facilities. The grantee shall relocate, without expense to the city, any pipes and appurtenances installed, maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by the city, including the construction of any subway or viaduct; provided, however, that the cost of any such relocation made necessary by the construction or any lawful change of grade, alignment or width of any freeway constructed by the state shall be divided equally between the grantee and the state of California. (Ord. 15 3, 1968) 7-104 - Franchise term. The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the state of California, be voluntarily surrendered or abandoned by the grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the grantee. (Ord. 15 4, 1968) 7-105 - Franchise fee. The grantee shall, during the term of the franchise, pay to the city two percent of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of the grantee derived from the sale of gas within the limits of the city. (Ord. 15 5, 1968)
7-106 - Statement of receiptsPayment of fees. The grantee shall file with the city clerk of the city, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas within the city. The grantee shall pay to the city within 15 days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by the grantee to file such verified statement, or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of the franchise and of all rights of the grantee thereunder. (Ord. 15 6, 1968) 7-107 - Statutory authority. The franchise is granted under the Franchise Act of 1937. (Ord. 15 7, 1968) 7-108 - Effective date. The ordinance codified in this chapter shall become effective 30 days after its final passage unless suspended by a referendum petition filed as provided by law. (Ord. 15 8, 1968) 7-109 - Publication costs. The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the franchise. Such payment shall be made within 30 days after the city has furnished the grantee with a written statement of such expenses. (Ord. 15 9, 1968) 7-110 - Acceptance of franchise. The franchise granted by this chapter shall not become effective until written acceptance thereof has been filed by the grantee with the city clerk of the city. (Ord. 15 10, 1968)
Chapter 7-2 - ELECTRICITY DISTRIBUTION FRANCHISE

Sections:
7-201 - Definitions. Lafayette, California, Code of Ordinances Page 3 of 20
7-202 - Franchise grant. 7-203 - Relocation of facilities. 7-204 - Franchise term. 7-205 - Franchise fee. 7-206 - Statement of receiptsPayment of fees. 7-207 - Statutory authority. 7-208 - Effective date. 7-209 - Publication costs. 7-210 - Acceptance of franchise.
7-201 - Definitions. Whenever in this chapter the words and phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions: (a) "City" means the city of Lafayette, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (b) "Construct, maintain and use" means to construct, erect, install, lay, operate, maintain, use, repair or replace. (c) "Grantee" means Pacific Gas and Electric Company, and its lawful successors or assigns.
(d) "Poles, wires, conduits and appurtenances" means poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances, and, without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the streets of the city, and used or useful in transmitting and/or distributing electricity. (e) "Streets" means the public streets, ways, alleys and places as the same now or may hereafter exist within the city, including state highways now or hereafter established within the city, and freeways hereafter established within the city. (Ord. 16 1, 1968) 7-202 - Franchise grant. The franchise to construct, maintain and use poles, wires, conduits and appurtenances necessary or proper for transmitting and distributing electricity to the public for any and all purposes, in, along, across, upon, under and over the streets within the city is granted to the grantee. (Ord. 16 2, 1968) 7-203 - Relocation of facilities. The grantee shall relocate, without expense to the city, any poles, wires, conduits and appurtenances constructed, maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by the city, including the construction of any subway or viaduct; provided, however, that the cost of any such relocation made necessary by the construction or any lawful change of grade, alignment or width of any freeway constructed by the state of California
shall be divided equally between the grantee and the state. (Ord. 16 3, 1968) 7-204 - Franchise term. The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the state of California, be voluntarily surrendered or abandoned by the grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the grantee. (Ord. 16 4, 1968) 7-205 - Franchise fee. The grantee shall, during the term of the franchise, pay to the city two percent of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of the grantee derived from the sale of electricity within the limits of the city. (Ord. 16 5, 1968) 7-206 - Statement of receiptsPayment of fees. The grantee shall file with the city clerk of the city, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the city. The grantee shall pay to the city, within 15 days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such calendar year, or such fractional calendar year, covered by the statement. Any neglect, omission or refusal by the grantee to file such verified statement, or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of the franchise and of all rights of the grantee thereunder. (Ord. 16 6, 1968) 7-207 - Statutory authority. The franchise is granted under the Franchise Act of 1937. (Ord. 16 7, 1968) 7-208 - Effective date. The ordinance codified in this chapter shall become effective 30 days after its final passage, unless suspended by a referendum petition filed as provided by law.
(Ord. 16 8, 1988) 7-209 - Publication costs. The grantee shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the franchise. Such payment shall be made within 30 days after the city has furnished the grantee with a written statement of such expenses. (Ord. 16 9, 1968) 7-210 - Acceptance of franchise. The franchise granted by this chapter shall not become effective until written acceptance thereof has been filed by the grantee with the city clerk of the city. (Ord. 16 10, 1968)
Chapter 7-3 - UNDERGROUND UTILITIES

Sections:
Article 1. - General Provisions Article 2. - Requirements for Underground Construction Article 3. - Underground Utility Zones Article 4. - Alternate Procedure for Conversion Article 5. - Construction Standards Article 6. - Prohibitions and Penalties

7-301 - Definitions. 7-302 - Facilities excluded from application of this chapter. 7-303 - City may grant waiver of underground requirements. 7-304 - Procedure for requesting waiver. 7-305 - City may impose conditions to the waiver of requirements.
7-301 - Definitions. In this chapter, unless the context otherwise requires: (a) "Facility" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances and all other attachments and appurtenances used or useful in supplying electric, communication or similar or associated service.
(b) "Person" means and includes an individual, firm, corporation and partnership, and includes utility. (c) "Service" means and includes, but is not limited to, the product of an electrical transmission device, such as electrical energy, television and telephone communications, through continuous conductive material. (d) "Underground utility zone" means an area in the city within which all facilities are required to be installed underground. (e) "Utility" means a person supplying electric, communication or similar or associated service by means of electrical materials or devices. (Ord. 18 1 (part), 1968) 7-302 - Facilities excluded from application of this chapter. This chapter and a resolution adopted under Section 7-325 does not apply to the following kind of facility: (a) A facility used exclusively for a police and fire alarm box or similar municipal equipment;
(b) An overhead wire attached to the exterior surface of a building and extending from one location on the building to another location on the same building; (c) A radio antenna and its associated equipment and supporting structure used for furnishing communication service; (d) Equipment appurtenant to underground facilities, such as a surface-mounted transformer (except as otherwise required in accordance with Section 7-362), a pedestal mounted terminal box and meter cabinet, and a concealed duct; (e) An overhead wire (exclusive of supporting structures) crossing any portion of an underground utility zone or connecting to buildings on the perimeter of such portion, when the wire originates in an area from which overhead facilities are not prohibited; (f) A pole or electrolier used exclusively for street lighting;
(g) A facility used for the transmission of electric energy at nominal voltages in excess of 34,500 volts; (h) A facility used or to be used in conjunction with construction projects;
(i) Overhead facilities installed and maintained for a period not exceeding ten days to provide emergency service, unless the time is extended by the council upon terms and conditions it determines. (Ord. 18 1 (part), 1968) 7-303 - City may grant waiver of underground requirements. The council may waive the requirements that facilities be located underground under these circumstances:
(a) In an industrial subdivision after recommendation by the planning commission, when the council finds that a waiver is necessary or desirable to obtain the objectives of health, safety and general welfare and is in the public interest; (b) Upon application by a person and a showing to the satisfaction of the city that (a) installation underground involves a threat or danger to persons or property and cannot be accomplished feasibly within applicable safety regulations or (b) installation underground involves an unnecessary or unusual hardship. (Ord. 18 1 (part), 1968) 7-304 - Procedure for requesting waiver. A person who desires a waiver shall file an application with the city on a form prescribed by it. The application shall set forth reasons why the exception should be granted. The city may require the applicant to provide supporting information, including reports relating to technical and economic aspects of construction and development prepared by a qualified person. (Ord. 18 1 (part), 1968) 7-305 - City may impose conditions to the waiver of requirements. In granting a waiver of underground requirements under Section 7-303, the council may impose such conditions as it considers necessary or desirable in the public interest. (Ord. 18 1 (part), 1968)
Article 2. - Requirements for Underground Construction

7-311 - New residential subdivisions. 7-312 - Developments other than new subdivisions. 7-313 - New extensions of utility facilities. 7-314 - Undergrounding of utility services to buildings. 7-315 - Responsibility for compliance. 7-316 - Special exceptions for existing facilities.
7-311 - New residential subdivisions. The requirements for underground utilities in new residential subdivisions are set forth in Section 8475 of the County Ordinance Code as adopted by the city. (Ord. 18 1 (part), 1968) 7-312 - Developments other than new subdivisions. The city council shall fix the requirements for construction of, or conversion to, underground facilities by the creation of underground utility zones as provided in Sections 7-321 through 7-331.
(Ord. 18 1 (part), 1968) 7-313 - New extensions of utility facilities. New extensions of existing utility distribution facilities (including, but not limited to, electric, communication, and cable televisions lines), constructed or installed in the city after January 1, 1973 shall be placed underground. (Ord. 96 1, 1972) 7-314 - Undergrounding of utility services to buildings. (a) New Buildings. Electric and communication service wires and cables to a new building or structure shall be placed underground unless special permission to construct the facilities above ground is granted, as provided in Section 7-303 (b) Remodeled Buildings. Except in the single-family residential and agricultural land use districts, electric and communication service wires and cables to a building or structure being remodeled (when remodeling requires the relocation or replacement of the property owners main service equipment or when the actual cost of the remodeling exceeds 50 percent of the assessed value of the existing improvements on the property) shall be placed underground unless special permission to construct the facilities above ground is granted, as provided in Section 7-303 (Ord. 96 2, 1972) 7-315 - Responsibility for compliance. It is the responsibility of the applicant for electric, communication or similar or associated service to make the necessary arrangements with the utility company involved for the underground installation of wires and facilities required for the new extension or service pursuant to Sections 7-313 and 7-314. The arrangements shall be in accordance with applicable rules, regulations and tariffs of the utility on file with the California Public Utilities Commission. (Ord. 96 3, 1972) 7-316 - Special exceptions for existing facilities. Nothing in Sections 7-313, 7-314 or 7-315 shall prohibit (a) the maintenance and operation of existing overhead facilities, (b) the installation of additional overhead service lines to buildings or structures already served by at least one overhead utility service, and (c) the connection of underground service lines to existing overhead utility distribution equipment. A utility may interset additional poles or other supporting structures or increase the height of existing poles or other supporting structures if such work takes place within the existing easements and locational confines of existing overhead utility facilities; and may continue to maintain, repair, replace and reinforce any facility or structure in order to maintain the integrity of any facility or structure existing on or before December 31, 1972. (Ord. 96 4, 1972)
Article 3. - Underground Utility Zones

7-321 - Declaration of purpose. 7-322 - Initiation of proceedings to form underground utility zone. 7-323 - Notice of hearing. 7-324 - Hearing. 7-325 - Resolution ordering removal of overhead structures and underground installation. 7-326 - Allocation of responsibility for work between utility and property owner. 7-327 - Responsibility of government agencies. 7-328 - City to give notice of creation of underground utility zone to property owner and utility. 7-329 - Form of notice. 7-330 - Time and manner of giving notice. 7-331 - Duty to install facilities underground.
7-321 - Declaration of purpose. It is the purpose of Sections 7-321 through 7-331 to provide for the orderly removal of existing overhead facilities and the construction of new underground facilities by providing a procedure by which the council may create an underground utility zone upon finding that the public necessity, health, safety or welfare requires it. (Ord. 18 1 (part), 1968) 7-322 - Initiation of proceedings to form underground utility zone. (a) The council may initiate proceedings to determine whether the public necessity, health, safety or welfare requires the creation of an underground utility zone for the purpose of requiring existing overhead distribution facilities to be replaced with underground distribution facilities along public streets, roads and ways. The council shall consult with each affected utility to determine whether or not undergrounding of utilities is in the general public interest for reasons of public necessity, health, safety or welfare. (b) Proceedings are initiated when the council adopts a resolution calling a public hearing to determine whether or not to create an underground utility zone. The resolution shall generally describe the boundaries of the area proposed to be included in the underground utility zone. (Ord. 18 1 (part), 1968) 7-323 - Notice of hearing. When the council determines to hold a public hearing, the city shall notify property owners and utilities in the proposed area by mailing notice of the time and place of hearing. The notice shall be mailed at least ten days before the date of the hearing and shall be addressed to the owner, postage prepaid, as shown on the last equalized assessment roll or as known to the city. (Ord. 18 1 (part), 1968) 7-324 - Hearing. The hearing is open to the public and the council may continue it from time to time. At the hearing all persons interested shall be given an opportunity to be heard. (Ord. 18 1 (part), 1968)
7-325 - Resolution ordering removal of overhead structures and underground installation. (a) At the close of the public hearing, the council shall determine whether or not the public necessity, health, safety or welfare require underground installation. (b) The decision of the council is final. If the council finds that facilities should be installed underground, the council shall adopt a resolution declaring the formation of the underground utility zone and ordering the installation of existing overhead distribution facilities underground. The resolution shall describe the area of the underground utility zone and fix a reasonable time within which the work must be done. (Ord. 18 1 (part), 1968) 7-326 - Allocation of responsibility for work between utility and property owner. (a) Utility Responsibility. The utility shall furnish and pay the costs of providing that portion of the underground facilities required to be furnished by it under its rules, regulations and tariffs on file with the Public Utilities Commission of the state of California. (b) Property Owner's Responsibility. The property owner is responsible for providing that portion of the service connection on his property between the facilities referred to in subsection (a) and the termination facility on or within the structure being served, in accordance with applicable rules, regulations and tariffs of the utility on file with the Public Utilities Commission of the state of California. (Ord. 18 1 (part), 1968) 7-327 - Responsibility of government agencies. The city and each federal, state and local governmental agency and district is responsible for the removal of its police and fire alarm circuits or other equipment at its own expense from the facilities required to be removed. The responsible agency shall complete this work in sufficient time to enable each utility and property owner to remove the facilities for which they are responsible within the time specified in the resolution ordering removal. (Ord. 18 1 (part), 1968) 7-328 - City to give notice of creation of underground utility zone to property owner and utility. Within 30 days after adoption of the resolution creating the underground utility zone and ordering removal, the city shall give notice to each utility affected and each property owner within the area designated in the resolution. (Ord. 18 1 (part), 1968) 7-329 - Form of notice. The notice shall: (a) (b) (c) State that the council has adopted the resolution creating the underground utility zone; Describe the area within the underground utility zone; Advise each property owner of the necessity that if he or the person occupying the property
desires to continue to receive service, he or the occupant shall provide all necessary facility changes on the premises to receive service; (d) State the time within which the work must be completed.
(Ord. 18 1 (part), 1968) 7-330 - Time and manner of giving notice. The city shall have a copy of the notice and resolution creating the underground utility zone and ordering removal mailed to each affected utility and to each property owner as known to the city or as shown on the last equalized assessment roll, postage prepaid. (Ord. 18 1 (part), 1968) 7-331 - Duty to install facilities underground. Each property owner and each utility shall comply with the resolution order and install the facilities for which he is responsible within the time prescribed in the resolution. (Ord. 18 1 (part), 1968)
Article 4. - Alternate Procedure for Conversion

7-341 - Failure of person other than utility to comply with conversion order. 7-342 - Survey of property owners who have failed to convert. 7-343 - Report to council and resolution. 7-344 - Notice to property owners. 7-345 - Publication, posting and mailing of notice. 7-346 - Hearing and action of council. 7-347 - Method of doing the work. 7-348 - Authority to enter property and do the work. 7-349 - Itemized report of cost. 7-350 - Hearing on report. 7-351 - Special assessment and lien. 7-352 - Transmittal of report to county assessor. 7-353 - Inclusion of assessment in tax bill and collection of assessment. 7-354 - Applicability of laws governing levy, collection and enforcement of county taxes.
7-341 - Failure of person other than utility to comply with conversion order. If a person other than a utility does not install the facilities for which he is responsible as directed or within the time prescribed, the city may do the work and assess the cost against the property in the manner prescribed in Sections 7-342 through 7-354. (Ord. 18 1 (part), 1968)
7-342 - Survey of property owners who have failed to convert. When the time for completing the conversion to underground expires, the city shall make an engineering study and prepare a list of each property owner who has not installed underground the facilities necessary to receive service from the utilities. (Ord. 18 1 (part), 1968) 7-343 - Report to council and resolution. The list and report prepared under Section 7-342 shall be filed with the council. The council may adopt a resolution directing the institution of proceedings under Sections 7-342 through 7-354. (Ord. 18 1 (part), 1968) 7-344 - Notice to property owners. The city shall have a notice prepared in substantially the following form: NOTICE TO INSTALL FACILITIES UNDERGROUND NOTICE is given to: ____________ (name) ____________ ____________ ____________ (address) ____________ ____________
that on ____________, 19;yrrule;, the City Council of the City of Lafayette adopted a resolution creating an Underground Utility Zone and declaring that facilities shall be installed underground and directing that the work be completed no later than ____________. Thereafter, the Council did on ____________, adopt a resolution directing that proceedings be instituted under Sections 7-3427-354 of the Municipal Code by which the City would do the work and assess the cost against the land and that the cost would be a lien upon the property until paid. Reference is made to these resolutions for further particulars. The City has made an estimate of the cost of doing the work based upon an average installation. The estimated cost is $;$rule:. However, this is an estimate only and no detailed study has been made of the cost for your particular property. Each property owner having an objection to the proposed estimate of cost for installation of underground facilities is notified to attend the meeting of the City Council to be held on ____________, when their objections to this cost estimate will be heard and given due consideration. (Date) ____________ (Title)
(Ord. 18 1 (part), 1968) 7-345 - Publication, posting and mailing of notice. (a) The city shall have a copy of the notice posted conspicuously in front of or on the property affected in any manner most likely to give actual notice to the property owner. The city shall also have the notice published once in a newspaper of general circulation circulated in the city and mailed to the property owner at his last known address or as shown on the last equalized assessment roll. (b) The posting, publication and mailing shall be complete at least ten days before the day set for the hearing. (Ord. 18 1 (part), 1968) 7-346 - Hearing and action of council. At the time set for hearing, the council shall hear all objections and may continue the hearing from time to time. Upon the conclusion of the hearing the council shall allow or overrule each or any of the objections, after which it may order the work performed. (Ord. 18 1 (part), 1968) 7-347 - Method of doing the work. The city may do the work with its own forces or may let a contract for the work. (Ord. 18 1 (part), 1968) 7-348 - Authority to enter property and do the work. The city and each authorized agent or employee of city may enter upon the private property for the purpose of performing the work of installing underground facilities required by resolution of the council. (Ord. 18 1 (part), 1968) 7-349 - Itemized report of cost. (a) The public works director shall file an engineer's report showing the costs of doing the work on each separate parcel within 30 days after the work is completed. (b) Before submitting the report to the council, the council shall give notice of the time and place when it will consider the report and hear protests in the manner provided in Section 7-345 for the giving of notice to install facilities underground. (Ord. 18 1 (part), 1968) 7-350 - Hearing on report. At the time fixed for considering the report, the council shall hear objections of each property owner liable for the cost of the work. The council may make such modifications as it considers necessary. Following the hearing, the council shall confirm the report. (Ord. 18 1 (part), 1968)
7-351 - Special assessment and lien. If the amount fixed in the report is not paid within five days after the council confirms it, the amount of the cost for removing the overhead facilities and installing the underground facilities upon each of the parcels of property listed in the report as confirmed is a special assessment against the respective parcel of property and is a lien on the property for the amount of the assessment. (Ord. 18 1 (part), 1968) 7-352 - Transmittal of report to county assessor. The city shall send a notice of lien on each property on which the assessment is not paid to the county assessor together with the request that the assessor enter the amounts of the assessment against the parcel of property as it appears on the assessment roll. (Ord. 18 1 (part), 1968) 7-353 - Inclusion of assessment in tax bill and collection of assessment. The tax collector shall include the amount of the assessment on the next regular bill for taxes levied against the property. The amount of the assessment shall be collected at the same time and in the same manner as county taxes are collected. The assessment is subject to the same penalty and the same procedure as in case of delinquency as provided for county taxes. (Ord. 18 1 (part), 1968) 7-354 - Applicability of laws governing levy, collection and enforcement of county taxes. The laws which govern the levy, collection, enforcement, cancellation and refund of county taxes apply to the special assessment. (Ord. 18 1 (part), 1968)
Article 5. - Construction Standards

7-361 - General construction standards. 7-362 - Compliance with encroachment regulation. 7-363 - Location of transformers.
7-361 - General construction standards. A person who installs facilities underground shall comply with all applicable building and electrical codes, safety regulations and orders and rules of the Public Utility Commission of the state of California. (Ord. 18 1 (part), 1968)
7-362 - Compliance with encroachment regulation. A person who installs facilities underground shall comply with the encroachment regulations of the city. (Ord. 18 1 (part), 1968) 7-363 - Location of transformers. Each transformer shall be located in the manner so that it harmonizes with the area surrounding it. The transformer shall be properly landscaped in a manner approved by the city. The council may require the transformer to be flush with or below the official sidewalk or curb grade. (Ord. 18 1 (part), 1968)
Article 6. - Prohibitions and Penalties

7-371 - Maintaining overhead facilities. 7-372 - Construction of overhead facilities in violation of chapter. 7-373 - Each 15-day period a separate offense. 7-374 - Penalty for violation.
7-371 - Maintaining overhead facilities. A person who maintains overhead facilities in violation of Sections 7-301 through 7-374 is guilty of a misdemeanor and shall be punished as provided in Section 7-374. (Ord. 18 1 (part), 1968) 7-372 - Construction of overhead facilities in violation of chapter. A person who constructs, uses, continues to use, or operates overhead facilities, or who neglects to take down and remove them within the time directed by the council, or who otherwise fails to comply with any provision of Sections 7-301 through 7-363, is guilty of a misdemeanor and shall be punished as provided in Section 7-374. (Ord. 18 1 (part), 1968) 7-373 - Each 15-day period a separate offense. Each period of 15 days during which a person violates Section 7-371 or Section 7-372 is a separate violation and is a separate offense. (Ord. 18 1 (part), 1968) 7-374 - Penalty for violation. A person who violated Section 7-371 or Section 7-372 of this chapter is punishable by a fine of not more than 500 dollars or imprisonment in the county jail for not more than six months, or both.
(Ord. 18 1 (part), 1968)
Chapter 7-5 - CABLE TELEVISION

Sections:
7-501 - Definitions. 7-502 - Franchise required. 7-503 - Franchise grants. 7-504 - Requirements for new franchise or franchise renewal. 7-505 - Franchise agreement. 7-506 - Franchise term. 7-507 - Reimbursement of franchise processing costs. 7-508 - Use of public rights-of-way. 7-509 - Change required by public improvements. 7-510 - Limitation on transfer of ownership or control. 7-511 - Nonrecourse of grantee. 7-512 - Preemption.
7-501 - Definitions. In this chapter unless the context otherwise requires: (a) "Agreement" means a contractual agreement containing the provisions of the franchise granted, including referenced specifications, franchise applications, franchise requirements, ordinances and other related materials. (b) "Cable television system," also referred to as "system" or "cable system," means a facility consisting of transmission paths and associated signal generation, reception and control equipment designed to provide cable service and includes video programming provided to multiple subscribers within a community. The term does not include: (1) A facility that serves only to retransmit the television signals of one or more television broadcast stations; (2) A facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control or management, unless such facility or facilities uses any public right-of-way; (3) A facility of a common carrier, except that such facility shall be considered a cable
system to the extent such facility is used in the transmission of video programming directly to subscribers; or (4) Any facilities of any electric utility used solely for operating its electric utility systems.
(c) "Franchise" means the authority granted by this chapter to the grantee to construct, maintain and operate a cable system in the city. (d) "Franchise area" means the area served by the grantee and includes all of the territory within the geographic boundaries of the city as defined in the agreement subject to any line extension policies set forth in the agreement. (e) "Grantee" is a "person" receiving a franchise and its lawful successor, transferee or assignee. (f) "Grantor" is the city.
(Ord. 383 1 (part), 1991) 7-502 - Franchise required. No cable system shall be allowed to occupy or use the streets within the limits of the city or in any franchise area within the city or be allowed to operate without a franchise in accordance with the provisions of this chapter and the agreement. (Ord. 383 1 (part), 1991) 7-503 - Franchise grants. (a) Grantor may grant one or more revocable franchises to construct, operate, maintain and reconstruct a cable system within the city. Any franchise granted shall be nonexclusive. A franchise constitutes both a right and an obligation to provide a cable system as required by the provisions of the agreement required by Section 7-505 (b) Any franchise granted shall be consistent with federal laws and regulations and state general laws and regulations. (c) Any franchise granted is subject to the provisions of the city's municipal code now in effect or hereinafter made effective. Nothing in the franchise shall be deemed to constitute a waiver or exception to the provisions of the city's municipal code regarding permits, fees to be paid or manner of construction. (Ord. 383 1 (part), 1991) 7-504 - Requirements for new franchise or franchise renewal. (a) This chapter shall apply to all franchises and franchise renewals granted or renewed after the effective date of this chapter. It shall further apply to the extent permitted by applicable federal and state law to all existing franchises granted or renewed prior to the effective date of the ordinance codified in this chapter. (b) Grantor may establish appropriate requirements for new franchises or franchise renewals, and may modify these requirements from time to time to reflect changing conditions and the state of the art
in the cable television industry. Such requirements shall not be retroactive to franchises then in effect, except for franchise obligations which are subject to periodic review as provided in the agreement. (Ord. 383 1 (part), 1991) 7-505 - Franchise agreement. The terms, conditions, procedures, rights and obligations of the franchise, not inconsistent with this chapter, shall be specified in a franchise agreement between the grantor and the grantee. (Ord. 383 1 (part), 1991) 7-506 - Franchise term. The term of a franchise and all attendant rights, privileges, obligations and restrictions shall be as provided in the franchise agreement. (Ord. 383 1 (part), 1991) 7-507 - Reimbursement of franchise processing costs. For either an initial franchise grant, a franchise renewal or a franchise transfer, grantee shall reimburse grantor, within 60 days of receipt of an itemization of costs from grantor, for grantor's reasonable out-of-pocket processing costs, including but not limited to consultant and special legal costs. (Ord. 383 1 (part), 1991) 7-508 - Use of public rights-of-way. For the purpose of operating and maintaining a cable television system in the franchise area, the grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public right-of-way and public utility easements within the franchise area such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments, and other property and equipment as are necessary and appurtenant to the operations of the cable system. Grantee shall comply with all applicable grantor construction codes and procedures. (Ord. 383 1 (part), 1991) 7-509 - Change required by public improvements. (a) Nothing in the agreement shall abrogate the right of grantor to perform any public work or public improvement of any description, including, without limitation, all work authorized by applicable law. In the event that the system interferes with the construction, operation, maintenance, or repair of any such public work or improvement, the grantee, after reasonable notice from grantor, shall, at its own cost and expense, promptly protect, alter, or relocate the system, or any part thereof, as directed by grantor. (b) In the event that the grantee refuses or neglects to so protect, alter or relocate all or any part of the system, grantor shall have the right in connection with the performance of such public work or public improvement to break through, remove, alter or relocate all or any part of the system without any liability to the grantee except for grantor's wilful misconduct and the grantee shall promptly pay to grantor the costs incurred by such breaking through, removal, alteration or relocation. (Ord. 383 1 (part), 1991)
7-510 - Limitation on transfer of ownership or control. (a) No franchise granted by this chapter may be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise without the prior consent of the city council expressed by resolution. In the event that grantee is a corporation, such prior approval of the city council shall be required where there is an actual change in control. The word "control" as used herein is not limited to major stockholders but includes actual working control in whatever manner exercised. (b) The grantee shall promptly notify grantor of any proposed change in, or transfer of, or acquisition of control of the grantee and shall make the franchise subject to cancellation unless the until the grantor shall have consented thereto, which consent shall not be unreasonably withheld. (c) In seeking grantor's consent to any change in ownership or control the grantee shall be required to show to the satisfaction of grantor that the proposed transferee is legally, technically and financially qualified to maintain and operate the cable system for the remaining term of the franchise under the existing franchise terms. (Ord. 383 1 (part), 1991) 7-511 - Nonrecourse of grantee. Grantee shall have no recourse whatsoever against grantor for any loss, cost, expense or damage arising out of any provision or requirement of this chapter or the enforcement thereof. (Ord. 383 1 (part), 1991) 7-512 - Preemption. If any area of regulatory authority is preempted from local regulation by federal or state law, and such preemption later ceases, grantor reserves the right to resume local regulation to the extent permitted, provided that such regulation shall not conflict with the express terms and conditions of any existing franchise agreement, nor impose additional material financial burden upon grantee. (Ord. 383 1 (part), 1991)
Title 8 - PUBLIC WELFARE, MORALS AND SAFETY* Chapter 8-22 - TRAIL EASEMENT RESTRICTIONS
Title 8 - PUBLIC WELFARE, MORALS AND SAFETY*

Chapters:
Chapter 8-1 - PEDESTRIAN WALKWAYS Chapter 8-2 - BICYCLES Chapter 8-3 - EMERGENCY PREPAREDNESS Chapter 8-4 - GAMBLING Chapter 8-5 - MISCELLANEOUS OFFENSES Chapter 8-6 - FIREARMS Chapter 8-7 - TRUCK ROUTES Chapter 8-7.5 - INTERSTATE TRUCKS Chapter 8-8 - TRAFFIC REGULATIONS Chapter 8-9 - AUTOMATIC COMMUNICATION DEVICES Chapter 8-10 - MOTORCYCLES AND OTHER MOTOR-DRIVEN VEHICLES Chapter 8-11 - HELICOPTERS Chapter 8-12 - Repealed by Ordinance 539, effective 8/14/2003 Chapter 8-13 - RECOVERY OF EXPENSE FOR RESPONSE TO LOUD OR UNRULY ASSEMBLAGE Chapter 8-14 - MUNICIPAL SOLAR UTILITY Chapter 8-15 - SWIMMING POOL FENCING Chapter 8-16 - ANIMALS Chapter 8-17 - DRAINAGE IMPACT FEE Chapter 8-18 - TRANSPORTATION SYSTEMS MANAGEMENT Chapter 8-19 - REGULATION OF NEWSRACKS Chapter 8-20 - MAINTENANCE RESPONSIBILITY FOR DRIVEWAY CULVERTS Chapter 8-21 - CODE ENFORCEMENT Chapter 8-22 - TRAIL EASEMENT RESTRICTIONS
Chapter 8-1 - PEDESTRIAN WALKWAYS

Sections:
Article 1. - Adoption of Comprehensive Walkways Plan Article 2. - Administration of Comprehensive Walkways Plan Article 3. - Location and Use of Pedestrian Walkways Article 4. - Walkways Impact Fee
Article 1. - Adoption of Comprehensive Walkways Plan

8-101 - Comprehensive walkways plan. 8-102 - Elements of the comprehensive walkways plan. 8-103 - Coordination of plan through cooperation of others. 8-104 - Manner of adoption. 8-105 - Distribution of copies of plan.
8-101 - Comprehensive walkways plan. (a) The walkways commission shall prepare and the city council shall adopt a comprehensive walkways plan for the physical development of frontage improvements consisting of walkways, curbs and gutters in the city. Although the intent is for the plan eventually to encompass all streets in the city, the plan may be adopted in segments or elements which include only some of the city streets, pending completion of the plan as to the remaining streets. (b) As used in this chapter, "walkways" includes sidewalks and all other improved pedestrian rights-of-way. (Ord. 26 2 (part), 1969) 8-102 - Elements of the comprehensive walkways plan. The comprehensive walkways plan shall contain: (a) A policy statement indicating the intent of the city with regard to the planning for and construction of street frontage improvements; (b) (c) (d) The standards and materials to be used for the construction of street frontage improvements; The methods for allocating available funds for street frontage improvements; Procedures for obtaining rights-of-way and for the removal of obstructions from rights-of-way;
(e) A list of the streets in the city with a designation of the type of frontage improvements proposed for each side of each street as follows: (1) (2) (3) (4) No improvements, Walkway only, Curb and gutter only, Curb, gutter and walkways;
(f) Such other matters as the commission considers are necessary for a complete municipal policy and plan pertaining to street frontage improvements. (Ord. 26 2 (part), 1969) 8-103 - Coordination of plan through cooperation of others. During the formulation of the comprehensive walkways plan, the walkways commission shall consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens generally to the end that cooperation with the intent of the
walkways plan will be obtained and so that proposed frontage improvements will be properly located in the general public interest. (Ord. 26 2 (part), 1969) 8-104 - Manner of adoption. The comprehensive walkways plan and any element or part of it, and any amendment to it, shall be adopted in the following manner: (a) After the walkways commission has prepared a comprehensive walkways plan, it shall refer it to the planning commission. (b) The planning commission shall hold at least one public hearing before approving it or any part of it or any amendment to it. The planning commission shall give notice of the time and place of the public hearing in such manner as it shall determine. It may continue the hearing from time to time. (c) The planning commission may amend or modify the comprehensive walkways plan as submitted to it and thereafter shall adopt the plan. (d) Upon approval by the planning commission of the plan, or any element of it or any amendment to it, the planning commission shall transmit it to the city council and to the walkways commission. (e) The city council shall hold at least one public hearing before adopting the comprehensive walkways plan or any part of it or any amendment to it. The city council shall give notice of the time and place of the hearing in such manner as it shall determine. (Ord. 26 2 (part), 1969) 8-105 - Distribution of copies of plan. The city council shall cause a copy of the adopted comprehensive walkways plan and each amendment thereto to be sent to the planning department, the public works department, the building inspection department and the walkways commission. (Ord. 26 2 (part), 1969)
Article 2. - Administration of Comprehensive Walkways Plan

8-111 - Duties of walkways commission. 8-112 - Coordination of construction program. 8-113 - Requirements before acting upon applications for permits.
8-111 - Duties of walkways commission. After the city adopts a comprehensive walkways plan, the walkways commission shall:
(a) Investigate and make recommendations to the planning commission and the city council upon reasonable and practical means for putting the plan into effect; (b) Give an annual report to the city council on the status of the plan and progress in its application; (c) Promote public interest in and understanding of the plan;
(d) Consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations and citizens generally with relation to carrying out the plan. (Ord. 26 2 (part), 1969) 8-112 - Coordination of construction program. When the city adopts a comprehensive walkways plan, each city officer, department and commission of the city whose function includes recommending, approving or passing upon a matter relating to land use, such as a change in land use, variance or land use permit or issuing a building permit for construction, remodeling or alteration, shall coordinate his function to the end that every owner and builder is aware of the comprehensive walkway plan and the city requirements with respect to construction of walkways. (Ord. 26 2 (part), 1969) 8-113 - Requirements before acting upon applications for permits. (a) The city shall not issue a land use, variance or building permit which requires installation of any frontage improvements, nor approve any major or minor subdivision or site plan and building elevations application which requires installation of any frontage improvements, until it first determines that such frontage improvements are consistent with the adopted master walkways plan. (b) Except as to building permits for construction, remodeling or alterations having a value as estimated by the city of less than 50 percent of the assessed value of the land and improvements on the current assessment roll, and to the extent permitted by law, the agency of the city acting upon application or request for a land use permit, variance, major or minor subdivision, site plan and building elevations approval, change in land use or building permit, which does not include frontage improvements in the application, shall impose upon the application or owner as a condition of granting it: (1) The conveyance to the city of land necessary for the required frontage improvements; and
(2) The construction at the owner's expense of abutting frontage improvements described in the master walkways plan; or (3) The contribution in cash of a sum equal to the cost of construction of frontage improvements, had the same been required under subsection (b)(2) above (as estimated by the city), (to the frontage improvements trust account for that street on which the improvements are required). (c) A frontage improvement trust account shall be established for each street for which there is an approved highway or drainage plan. The balance in such account shall be used to defray part of the cost of the planned frontage improvements at the time they are constructed by the city. If an
assessment district is formed at the time the improvements are actually constructed, the lot or lots originally contributing to such account shall receive credit for the amounts contributed against the benefit assessment made against those lots. (d) In addition to the foregoing, a walkways impact fee shall be levied per dwelling unit on all new residential development, as more fully described in Article 4 of this chapter. The standards and formula for setting the walkways impact fee shall be set forth by resolution of the city council. (Ord. 123 1, 1974: Ord. 99 1, 1973: Ord. 26 2 (part), 1969) (Ord. No. 583, 3, 5-26-2009)
Article 3. - Location and Use of Pedestrian Walkways

8-121 - Location of walkways. 8-122 - Use of walkways. 8-123 - Property owner responsibility to repair and maintain sidewalk area.
8-121 - Location of walkways. Every walkway shall be located upon public land or rights-of-way. (Ord. 26 2 (part), 1969) 8-122 - Use of walkways. No person may ride a horse or operate a motor-driven vehicle upon a walkway, unless such walkway is posted for such use. Any person may ride a bicycle on a walkway unless such walkway is posted prohibiting such use. In all cases a pedestrian shall have the right of way upon a walkway. (Ord. 33 1, 1969: Ord. 26 2 (part), 1969) 8-123 - Property owner responsibility to repair and maintain sidewalk area. (a) The owner of a parcel of real property which fronts on any portion of a sidewalk area between the property line of the parcel and the street line, including a parking strip and curb, is responsible for the repair and maintenance of the sidewalk area and shall pay the cost and expense of repair and maintenance. (b) The owner of a parcel of real property is under a duty to members of the public to keep the portion of any sidewalk area described in subsection (a) in a safe condition. If the owner makes an alteration to the sidewalk, the owner must use ordinary care in making the alteration and in keeping the altered portion of the sidewalk in a reasonably safe condition. (c) The failure of an owner to fulfill the duties imposed by subsections (a) and (b) is negligence and the owner is liable to members of the public injured as a result of that negligence. (d) If the owner of a parcel of real property is not the person in possession, then the responsibilities
and duties imposed by subsections (a) and (b) are also imposed on the person in possession of the property. (Ord. 379 1, 1990)
Article 4. - Walkways Impact Fee

8-131 - Authority. 8-132 - Compliance with master walkways plan. 8-133 - Supplemental regulations. 8-134 - Definitions. 8-135 - Fee imposedAmount. 8-136 - Time of payment. 8-137 - Creation of fund; fund administration and disposition of proceeds. 8-138 - Administration fee. 8-139 - Refund. 8-140 - Refunds of uncommitted walkways impact fees. 8-141 - Exemptions.
8-131 - Authority. This article is adopted under Government Code 66000 et seq., and the city's general police power. (Ord. No. 583, 3, 5-26-2009) 8-132 - Compliance with master walkways plan. The walkways facilities for which the payment of a walkways impact fee is required shall be in accordance with the master walkways plan and in furtherance of the circulation element of the city general plan. (Ord. No. 583, 3, 5-26-2009) 8-133 - Supplemental regulations. The city council shall adopt regulations to establish fees, administration, procedures, implementation, interpretation and policy considered necessary or desirable to carry out this chapter by resolution. (Ord. No. 583, 3, 5-26-2009) 8-134 - Definitions. In this chapter, unless the context otherwise requires: "New residential development" means and includes construction of, or an addition of 120 square feet of habitable space to, a residential structure or facility. "Master walkways plan" means the city of Lafayette Master Walkways Plan, adopted June 28, 1999 Appendices revised February 27, 2006.
"Walkways" and "walkways facilities" mean any path intended primarily for pedestrian use that parallels or is directly associated with any street or road, and include sidewalks and all other improved pedestrian rights-of-way whose principal purpose is to provide suitable separation between vehicular and pedestrian traffic. "Walkways program costs" means the total cost of infrastructure facilities that the city anticipates will be needed to meet the needs of existing and future users, and includes the costs for walkways facilities and infrastructure as identified in the masters walkway plan and the costs for that portion of the Aqueduct Trail, a regional multi-modal trail, designed for pedestrian use. "Walkways system" means the comprehensive system of walkways designed to afford safe and efficient pedestrian movement along roads and streets having significant foot and vehicular traffic, and to connect residential areas with public transportation, schools, community amenities, parks, city and regional trail systems, and the downtown as described in the walkways master plan. (Ord. No. 583, 3, 5-26-2009) 8-135 - Fee imposedAmount. A person who applies for a permit for new residential development shall pay to the city a walkways impact fee based upon the of the new development in an amount established by resolution of the city council. (Ord. No. 583, 3, 5-26-2009) 8-136 - Time of payment. The walkways impact fee shall be paid to the city before a person may begin new residential development. If the new residential development requires a building permit or grading permit, the walkways impact fee shall be paid before issuance of the permit. Neither a Contra Costa County nor a city official may issue a building or grading permit until the required fee is paid. (Ord. No. 583, 3, 5-26-2009) 8-137 - Creation of fund; fund administration and disposition of proceeds. (a) The proceeds from the walkways impact fee and interest collected under this chapter shall be used only for the purposes of upgrading or expanding walkways facilities identified in the master walkways plan as a result of demand on the walkways system created by new residential development, and studies related to the same. (b) All walkways impact fees paid under this chapter and interest earned thereon shall be accounted for in a separate walkways fund by the city manager and held by the city only for the above-described purposes until committed by the city. (c) The city may advance money from its general fund to pay the cost of walkways system maintenance and expansion necessitated by new development and reimburse the general fund for such advances from the walkways fund. (Ord. No. 583, 3, 5-26-2009)
8-138 - Administration fee. An administration fee shall be charged to cover the administration costs associated with the walkways impact fee program. The administration fee shall be paid in conjunction, and at the same time, with the payment of fees as provided in this chapter. This administration fee shall be established by resolution of the city council. (Ord. No. 583, 3, 5-26-2009) 8-139 - Refund. The walkways impact fee paid under this chapter shall be refunded on application of the fee payer if the payer shows to the satisfaction of the planning director that the new development did not occur and that the building permit is canceled, surrendered or expired. (Ord. No. 583, 3, 5-26-2009) 8-140 - Refunds of uncommitted walkways impact fees. (a) Walkways impact fees collected under this chapter 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 a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among 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. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed, paid or allocated through the city council's adoption of a budget, for an identified walkways project or activity within the scope of Section 8-135 (b) Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected as provided for in the Mitigation Fee Act, 66006(b)(1)(F) of the Government Code, to complete financing on incomplete city walkways facilities and the walkways facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the walkways facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the walkways impact fee, and any interest accrued thereon. (Ord. No. 583, 3, 5-26-2009) 8-141 - Exemptions. (a) A permit to rebuild a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, is exempt from this chapter if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the habitable area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition. (b) This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added.
(c)
No fee is required for additions to residences of less than 120 square feet of habitable space.
(Ord. No. 583, 3, 5-26-2009)
Chapter 8-2 - BICYCLES

Sections:
Article 1. - Definitions Article 2. - Licenses Required Article 3. - ApplicationFeeTab Article 4. - Operation of Bicycles Article 5. - Mechanical Requirements Article 6. - Business Regulations Article 7. - Bicycle Lanes
Article 1. - Definitions
8-201 - General.
8-201 - General. Unless otherwise specified or required by the context, the following terms have the following meanings in this chapter. (a) "Bicycle" means bicycle as defined in Section 21200 of the Vehicle Code of the State of California. (b) "Bicycle establishment" means a business wherein new or used bicycles or bicycle parts are bought, sold, traded, exchanged, bartered, repaired, remodeled, reconditioned, dismantled or junked, owned or operated by any person(s) who derive any income or benefit from the sale of six or more bicycles in any six-month period. (c) "Dealer" means the owner or operator of a bicycle establishment.
(Ord. 79 1 (part), 1972)
Article 2. - Licenses Required

8-211 - General requirement. 8-212 - Exception.
8-211 - General requirement. No person shall operate a bicycle which has not been licensed under this chapter, except as provided in Section 8-212. (Ord. 79 1 (part), 1972) 8-212 - Exception. Any nonresident of the city may operate in the city any bicycle which meets the mechanical safeguard requirements under this chapter, and which is duly licensed and/or registered in or by any other city or any county if such license or registration is required there. (Ord. 79 1 (part), 1972)
Article 3. - ApplicationFeeTab
8-221 - Application. 8-222 - Fee. 8-223 - Identification. 8-224 - Term. 8-225 - New owners. 8-226 - Places and persons for license.
8-221 - Application. Every applicant for a license under this chapter shall apply therefor to the police chief, on forms furnished by him, containing such information as he may require concerning the applicant and the bicycle. The police chief shall not issue a license unless he finds that the bicycle complies with the requirements of the Vehicle Code and this chapter as to its safe mechanical condition. (Ord. 79 1 (part), 1972) 8-222 - Fee. The fee for a bicycle license is one dollar, payable to the city with the application. (Ord. 79 1 (part), 1972) 8-223 - Identification. (a) "MRT" Stamp. Upon approving the application and receiving the license fee, the police chief shall stamp "MRT" on the vertical bar under the seat of the bicycle, indicating that it is registered in Contra Costa County (Martinez).
(b) If the bicycle has a serial number stamped in the frame, the police chief shall record this number on a bicycle registration form (as a means of identification); and if there is no such number, the police chief shall stamp a bicycle identification number (assigned by him) on the frame under the frame sprocket wheel or rear wheel frame area. (c) License Tab. The police chief shall issue for every licensed bicycle a serialized license tab, which the licensee shall affix on the vertical bar under the seat, facing the front of the bicycle. The police chief shall enter the license tab number on the registration form. The license tab shall be made of metal of blue, white, blue color combination. The upper portion shall read "City of Lafayette"; the middle portion shall show the license number; the bottom portion shall indicate "permanent license." (Ord. 79 1 (part), 1972) 8-224 - Term. A license issued under this chapter is permanent, but becomes void immediately upon change of ownership of the bicycle. (Ord. 79 1 (part), 1972) 8-225 - New owners. (a) The new owner of a bicycle licensed under this chapter shall, within ten days, apply for a license for it. If the license tab is in poor condition, the police chief shall issue a new one. (b) A newly resident owner, or a new owner of an unlicensed bicycle, shall apply for a license for it within 30 days after becoming a resident or owner. (Ord. 79 1 (part), 1972) 8-226 - Places and persons for license. The police chief shall designate appropriate places where licenses may be applied for and issued; and he may deputize persons for this purpose; but he shall maintain all records at his main office. (Ord. 79 1 (part), 1972)
Article 4. - Operation of Bicycles

8-231 - Groups. 8-232 - Towing. 8-233 - Locking. 8-234 - Parking.
8-231 - Groups. No person riding or operating a bicycle shall ride more than two abreast with another such person except on paths or parts of a street or highway designated for the exclusive use of bicycles.
(Ord. 79 1 (part), 1972) 8-232 - Towing. No person riding or operating a bicycle shall tow any other bicycle or person. (Ord. 79 1 (part), 1972) 8-233 - Locking. Every person placing or leaving a bicycle unattended or in any public place, shall securely lock it. (Ord. 79 1 (part), 1972) 8-234 - Parking. (a) No person shall park a bicycle so as to block the main portion of any sidewalk or to constitute a hazard to pedestrians, traffic or property. (b) When no bicycle parking racks are available, bicycles may be parked on the sidewalk in an upright position parallel to and within 24 inches of the curb. (Ord. 79 1 (part), 1972)
Article 5. - Mechanical Requirements

8-241 - Equipment.
8-241 - Equipment. No bicycle shall be licensed, and no person shall ride or operate a bicycle, which is not equipped as is required by the California Vehicle Code, or which is equipped with handlebar grips which are not securely fastened to the handlebars. (Ord. 79 1 (part), 1972)
Article 6. - Business Regulations

8-251 - Dealer's report of purchase. 8-252 - Dealer's report of sale. 8-253 - Transmittal of dealer's reports. 8-254 - Prohibited transactions. 8-255 - Disposition of purchased bicycles. 8-256 - Rental-bicycle licenses.
8-257 - Dismantling or junking of bicycles.
8-251 - Dealer's report of purchase. (a) Report Required. Every dealer shall make a weekly report to the police chief, on forms furnished by him, giving the true name and address of every person from whom each bicycle or bicycle frame is purchased, with a description of each bicycle or part, its serial or frame number, and the number of its license, tab or plat. This report shall be made in triplicate; the original shall be mailed or delivered to the police chief, the duplicate given to the seller, and the triplicate retained by the purchasing dealer. The dealer's copies must be maintained for one year and shall be subject to examination upon request by any authorized representative of the city during normal business hours. (b) Exception. This section does not apply to new bicycles or new bicycle parts purchased from a wholesaler. (Ord. 79 1 (part), 1972) 8-252 - Dealer's report of sale. Every dealer shall make a weekly report to the police chief, on forms furnished by him, giving the true name and address of every person to whom a bicycle or frame is sold, with its make and frame number, if any. This report shall be made in triplicate; the original shall be mailed or delivered to the police chief, the duplicate given to the purchaser, and the triplicate retained by the selling dealer for one year. The dealer's copy shall be subject to examination upon request by any authorized representative of the city during normal business hours. (Ord. 79 1 (part), 1972) 8-253 - Transmittal of dealer's reports. Every dealer shall, every Monday, mail or deliver to the police chief his original reports, for the week Saturday through Friday of the previous week. (Ord. 79 1 (part), 1972) 8-254 - Prohibited transactions. No dealer shall take or receive any bicycle or part from any person under the age of 18 years without written parental consent, or from any person under the influence of intoxicating liquor and/or drugs. (Ord. 79 1 (part), 1972) 8-255 - Disposition of purchased bicycles. No dealer or his employee shall alter, repair or dispose of any secondhand bicycle or bicycle frame taken or received until for ten days he has kept it separate from other bicycles and parts and subject to inspection at any time during normal business hours by any peace officer. (Ord. 79 1 (part), 1972)
8-256 - Rental-bicycle licenses. No person shall rent out any bicycle not licensed under this chapter. (Ord. 79 1 (part), 1972) 8-257 - Dismantling or junking of bicycles. Any person dismantling, or disposing of as junk or scrap, a bicycle licensed under this chapter shall give the police chief written notice thereof. (Ord. 79 1 (part), 1972)
Article 7. - Bicycle Lanes

8-270 - Definitions. 8-271 - Direction of movement. 8-272 - Right of way on sidewalks, in bicycle lanes and on roadways. 8-273 - Leaving bicycle lanes. 8-274 - Vehicles crossing bicycle paths.
8-270 - Definitions. As used in this article: (a) "Bicycle lane" means a strip of public street pavement especially designated by signs and/or pavement markings for use by bicycles; (b) "Bicycle path" means a strip of land separated from the nearest public street pavement by intervening land not regularly used by motor vehicles, and which is designated by signs and/or pavement markings for use by bicycles. Bicycle paths may, but need not, be within the rights-of-way of public streets. (Ord. 95 1 (part), 1972) 8-271 - Direction of movement. No person shall ride or operate a bicycle within a bicycle lane in any direction except that permitted of other vehicular traffic traveling on the same side of the roadway; except that bicycles may proceed either way along a lane where arrows appear on the surface of the lane designating two-way traffic. (Ord. 95 1 (part), 1972) 8-272 - Right of way on sidewalks, in bicycle lanes and on roadways. The operator of a bicycle emerging from an alley, driveway, bicycle lane, bicycle path, building, or otherwise approaching a sidewalk or sidewalk area shall yield the right of way to all pedestrians approaching on such sidewalk or sidewalk area; and upon entering a bicycle lane, shall yield the right
of way to all bicycles approaching on such lane; and upon entering the roadway shall yield the right of way to all motor vehicles or bicycles approaching on such roadway. (Ord. 95 1 (part), 1972) 8-273 - Leaving bicycle lanes. Once having entered a bicycle lane, no person operating a bicycle shall leave such lane except at intersections; or to make a U-turn, where such a turn is permissible for other vehicular traffic; or to turn into driveways on the right side of the bicycle lane. The operator of a bicycle shall not leave the bicycle lane until it is safe to do so. (Ord. 95 1 (part), 1972) 8-274 - Vehicles crossing bicycle paths. No person shall drive a motor vehicle across or upon a bicycle path or lane except to enter a driveway or to enter or leave a parking space. No person shall drive a motor vehicle upon or across a bicycle lane as permitted by this section except after giving the right of way to all bicycles within such lane. (Ord. 95 1 (part), 1972)
Chapter 8-3 - EMERGENCY PREPAREDNESS

Sections:
8-301 - Purposes. 8-302 - Definitions. 8-303 - Creation of the emergency preparedness commission. 8-304 - Membership. 8-305 - Appointment of chair and vice-chair. 8-306 - Terms of office. 8-307 - Removal or vacancy. 8-308 - No compensation. 8-309 - Time and place of regular meetings. 8-310 - Quorum. 8-311 - Director and assistant director of emergency services. 8-312 - Adoption of rules. 8-313 - Emergency preparedness commission powers and duties. 8-314 - Powers and duties of the mayor, director and assistant director of emergency services. 8-315 - Emergency organization. 8-316 - Emergency plan. 8-317 - Expenditures. 8-318 - Penalty.
8-301 - Purposes. The purposes of this chapter are to:
(a) Provide for the preparation and implementation of plans for the protection of persons and property within the city in the event of a natural disaster or other emergency; (b) Provide for the organization, mobilization, and coordination of a city emergency preparedness commission; (c) Establish lines of authority, responsibilities, and functions between the operations of government, public and private, agencies, organizations and citizens within neighborhoods, whose resources are necessary to provide emergency needs; (d) Establish a basis for procedures which will provide for emergency resources management and local implementation of the Contra Costa County and the state of California Emergency Resources Management Plans. (Ord. 426 1 (part), 1994) 8-302 - Definitions. In this chapter, unless the context otherwise requires: (a) "Emergency" means the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the city caused by such conditions as environmental hazard, fire, flood, storm, slide, epidemic, riot, earthquake or other conditions, including those resulting from war or imminent threat of war. (b) "Emergency plan" means a comprehensive plan adopted by the city council which provides for mobilization of city resources, both public and private, in the event of a local emergency, state of emergency, or state of war. (Ord. 426 1 (part), 1994) 8-303 - Creation of the emergency preparedness commission. An emergency preparedness commission is established. (Ord. 426 1 (part), 1994) 8-304 - Membership. (a) The emergency preparedness commission consists of five members that are five residents of the city appointed by the city council, who by experience, training, education, occupation or avocation have demonstrated talent and interest in emergency preparedness and disaster relief. (b) Stand-by officers to the city council, who provide for the preservation of local government in the event of a declared emergency, are nonvoting, ex officio members of the commission. (Ord. 572 1, 2008: Ord. 443 1, 1995: Ord. 426 1 (part), 1994) 8-305 - Appointment of chair and vice-chair. The commission members shall designate the chair and/or vice-chair of the commission from among the membership. Each chair and vice-chair term shall be one year and until the successor of each is appointed and qualified.
(Ord. 572 2, 2008: Ord. 426 1 (part), 1994) 8-306 - Terms of office. (a) The term of office of each voting member selected on the basis of residency and experience as provided in Section 8.304(a)(1) is three years except as follows. The members first appointed shall classify themselves by lot so that three members serve until December 31, 1997, and two members serve until December 31, 1998. Each member serves until his successor is appointed and qualifies. (b) A city council member serves a term of one year and may be reappointed for successive terms.
(c) The mayor, the city manager and other city staff who serve in an ex officio capacity serve as long as each holds the position which qualifies him or her for membership on the commission. (Ord. 426 1 (part), 1994) 8-307 - Removal or vacancy. A member may be removed from the commission by a majority vote of the city council. A vacancy is filled in the same manner as the original appointment. A person appointed to fill a vacancy serves for the remainder of the unexpired term. (Ord. 426 1 (part), 1994) 8-308 - No compensation. Members of the emergency preparedness commission serve without compensation. The city manager and city staff members who serve on the commission continue to receive their regular compensation as city employees. (Ord. 426 1 (part), 1994) 8-309 - Time and place of regular meetings. The commission shall provide by resolution for the time and place for holding regular public meetings, the appointment of its officers and their duties, and such rules as it considers necessary for the conduct of business and the performance of its powers and duties. Meetings shall be open to the public and noticed as required by law. (Ord. 426 1 (part), 1994) 8-310 - Quorum. A majority of the voting members of the commission constitute a quorum for the transaction of business. (Ord. 426 1 (part), 1994) 8-311 - Director and assistant director of emergency services. (a) There is created the office of director of emergency services. The city manager serves as the director of emergency services.
(b) There is created the office of assistant director of emergency services. The director shall appoint the assistant director of emergency services. (Ord. 426 1 (part), 1994) 8-312 - Adoption of rules. The commission shall adopt rules for the transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations. (Ord. 426 1 (part), 1994) 8-313 - Emergency preparedness commission powers and duties. (a) It is the duty of the Lafayette city emergency preparedness commission to plan for and train those who will assist Lafayette citizens in time of an emergency as follows: (1) Develop and recommend for adoption by the city council emergency and mutual-aid plans and agreements and ordinances, resolutions, and rules and regulations necessary to implement these plans and agreements; (2) Develop a work plan and budget for each fiscal year and submit it to the city council for approval; (3) Develop a plan to help neighborhoods help themselves including tasks such as: develop liaisons within each neighborhood and homeowners' association, make presentations to neighborhoods, encourage neighborhood associations to gather communal supplies, conduct CPR training and establish evacuation plans; (4) (5) (6) (7) (8) (9) Periodically review the city's emergency plan; Identify areas and structures that may have the potential for damage in an emergency; Aid in the establishment of communication networks; Assist in planning an annual disaster drill; Assist in publication of materials related to disaster preparedness plan; Compile an active list of volunteers who can be called upon to work in an emergency;
(10) Identify persons who may be in greater need of aid during an emergency; (11) Confer with other agencies, jurisdictions, relief organizations, and other organizations involved in the emergency and disaster response and recovery process; (12) Aid in the implementation of goals and policies related to emergency preparedness in the general plan. (b) The commission members shall aid city staff by handling administrative tasks and act under the direction of the director of emergency services in an emergency. (c) The commission members shall assist city staff, when requested, with the following general
functions: care and shelter, communications, damage assessment, education, emergency public information, resources, fire and rescue, law enforcement and traffic control, medical, public works, schools, utilities and personnel operations. (d) Commission members shall perform other duties and tasks as may be assigned by the city council. (Ord. 426 1 (part), 1994) 8-314 - Powers and duties of the mayor, director and assistant director of emergency services. (a) The mayor may: (1) Request the city council to proclaim the existence or threatened existence of a "local emergency" if the city council is in session, or to issue such proclamation if the city council is not in session. If the mayor proclaims a local emergency, the city council shall take action to ratify the proclamation within seven days thereafter. If the city council does not ratify the proclamation within seven days, the proclamation has no further force or affect; (2) Request the governor to proclaim a "state of emergency" when, in the opinion of the mayor, the locally available resources are inadequate to cope with the emergency. (b) The director may: (1) Request the mayor, vice-mayor or city council to proclaim the existence or threatened existence of a "local emergency." If the mayor and vice-mayor are inaccessible and members of the city council sufficient to constitute a quorum are inaccessible, the director may issue the proclamation. Whenever the director proclaims a local emergency, the city council and/or standby officers shall take action to ratify the proclamation within seven days thereafter. If the city council does not ratify the proclamation within seven days, the proclamation has no further force or effect; (2) Request the governor to proclaim a "state of emergency" when the director is required to proclaim the existence or threatened existence of a local emergency and the locally available resources are inadequate to cope with the emergency; (3) Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this chapter; (4) Direct cooperation and coordinate services among staff of the emergency organization of the city; and resolve questions of authority and responsibility that may arise between them; (5) Represent the city in all dealings with public or private agencies on matters pertaining to emergencies; (6) If there is a proclamation of a "local emergency" a proclamation of a "state of emergency" by the Governor or the Director of the State Office of Emergency Services, or the existence of a "state of war emergency," the director may: (A) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency. However, the rules and regulations must be confirmed at the earliest practical time by the city council,
(B) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and bind the city for their fair value and, if required immediately, to commandeer the same for public use, (C) Require emergency services of any city officer or employee and, in the event of the proclamation of a "state of emergency" in the county or the existence of a "state of war emergency," command the aid of as many citizens of the community as considered necessary. Such persons are entitled to the privileges, benefits and immunities as are provided by state law for registered disaster service workers, (D) Requisition necessary personnel or material of any city department or agency, and (E) Execute the authority of the city manager, all of the special powers conferred upon the office by this chapter or by resolution or emergency plan adopted by the city council, all powers conferred by statute, by agreement approved by the city council, and by any other lawful authority. (c) The director of emergency services shall designate the order of succession to that office to take effect if the director is unavailable to attend meetings and otherwise perform the duties during an emergency. The city council shall approve the order of succession. (d) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city, and has the powers and duties assigned by the director. (Ord. 426 1 (part), 1994) 8-315 - Emergency organization. All officers and employees of the city, together with those volunteer forces enrolled to aid them during an emergency, and all groups, organizations and persons who may by agreement or operation of law, including persons impressed into service under Section 8-314(b)(6)(C) and charged with duties incident to the protection of life and property in the city during such emergency, shall constitute the emergency organization of the city. (Ord. 426 1 (part), 1994) 8-316 - Emergency plan. The emergency preparedness commission is responsible for the recommendation of revisions to the city emergency plan. The plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, state of war emergency. The plan shall also provide for the organization, powers and duties, services and staff of the emergency organization. The plan takes effect upon its adoption by resolution of the city council. (Ord. 426 1 (part), 1994) 8-317 - Expenditures. Expenditures made in connection with emergency activities, including mutual aid activities, are considered conclusively to be for the direct protection and benefit of the lives and property of the
inhabitants of the city. (Ord. 426 1 (part), 1994) 8-318 - Penalty. It is a misdemeanor, punishable by a fine of not to exceed $500.00, or by imprisonment for not to exceed six months, or both, for a person, during an emergency, to: (a) Wilfully obstruct, hinder or delay a member of the emergency organization in the enforcement of a lawful rule or regulation issued under this chapter, or in the performance of a duty imposed by virtue of this chapter; (b) Do any act forbidden by a lawful rule or regulation issued under this chapter, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of the city, or to prevent, hinder or delay the defense or protection thereof; (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the state. (Ord. 426 1 (part), 1994)
Chapter 8-4 - GAMBLING

Sections:
8-401 - Unlawful games. 8-402 - Exception.
8-401 - Unlawful games. (a) Gambling House Prohibited. No person shall keep, conduct or maintain a house, room, apartment or place used as a gambling house or place where any game is played, conducted or carried on with cards, dice, dominos or other device, for money, chips, credit or any representative of value, in the result of which game chance is any determining factor, except as set forth in Section 8-402. The word "cards" as used in this chapter is not intended to include games known as bridge or whist. (b) Permitting Use as a Gambling House. No person shall knowingly permit a house, room, apartment or place owned by him or under his control to be used as a gambling house or place of playing, conducting, dealing or carrying on any game, played with cards, dice, dominos or other device, for money, chips, credit or any representative of value, in the result of which game chance is any determining factor, except as set forth in Section 8-402 (c) Betting. No person shall deal, operate, attend, play or bet at or against any game in the result of which chance is a determining factor, which game is played, conducted, dealt or carried on with cards, dice, dominos or other device, for money, chips, credit or any representative of value, in any house, room, apartment or place, except as set forth in Section 8-402
(Ord. 202 1 (part), 1978) 8-402 - Exception. Section 8-401 does not apply to (a) occasional private games, otherwise lawful, carried on for purely social purposes in a private home, or (b) otherwise lawful games, other than card games, conducted by a private group of customers, for the sole purpose of determining which member of the group shall pay for food, refreshments or beverages for immediate consumption by the group. (Ord. 202 1 (part), 1978)
Chapter 8-5 - MISCELLANEOUS OFFENSES

Sections:
8-501 - Repealed by Ordinance 154. 8-502 - Acts in a public place interfering with an adjacent business. 8-503 - Use of vehicle in public places for sleeping, eating or resting prohibited. 8-504 - Selling from vehicles.
8-501 - Repealed by Ordinance 154. 8-502 - Acts in a public place interfering with an adjacent business. It is unlawful for a person to remain on a public street, sidewalk or public place or other place open to the public, whether inside or outside of a public right-of-way, when his presence or his acts unreasonably interfere with the peaceful conduct of a lawful business or occupation on adjacent property by annoying or disturbing its personnel or customers, after being asked to leave by the owner, agent or person in lawful possession of the business. (Ord. 31 1, 1969) 8-503 - Use of vehicle in public places for sleeping, eating or resting prohibited. (a) No person may use or occupy or permit the use or occupancy of a bus, camp trailer, camper, housecar, mobile home, motor vehicle, trailer, trailer coach, truck tractor, utility trailer or vehicle for human habitation, including sleeping, eating or resting, in the following locations within the city between the hours of ten p.m. and six a.m.: (1) On any public street, park, square, avenue, alley or other public way;
(2) On any private street to which the motor vehicle laws have been made applicable by the city council pursuant to the provisions of Section 21107.5 of the Vehicle Code of the state. (b) (c) The definitions in the Vehicle Code apply to the terms used in subsection (a) of this section. A person who violates subsection (a) of this section is guilty of an infraction. An infraction is
punishable by (1) a fine not exceeding 50 dollars for a first violation; (2) a fine not exceeding 100 dollars for a second violation; and (3) a fine not exceeding 250 dollars for each additional violation within one year. (Ord. 230 1, 1980) 8-504 - Selling from vehicles. No person shall park or place any vehicle, trailer or portable structure either wholly or partially within any right-of-way of a public street for the purpose of selling, or offering or displaying for sale, anything either from or in such vehicle, trailer or portable structure. (Ord. 262 1, 1982)
Chapter 8-6 - FIREARMS

Sections:
Article 1. - Use of Firearms Article 2. - Sale of Firearms and Munitions
Article 1. - Use of Firearms

8-601 - Definition of firearm. 8-602 - Unlawful to discharge firearm within the city. 8-603 - Exceptions to prohibition of Section 8-602. 8-604 - Reserved.
8-601 - Definition of firearm. In this Article 1, "firearm" means a gun, pistol, rifle, revolver, air rifle or air gun, b-b gun and bow and arrow or crossbow, or any other instrument of any kind, character or description which throws or projects a bullet or missile or substance by means of elastic force, air or explosive substance likely to cause bodily harm. (Ord. 439 2 (part), 1995: Ord. 433 9 (part), 1994: Ord. 23 1 (part), 1968) 8-602 - Unlawful to discharge firearm within the city. No person may fire or discharge a firearm, as defined by Section 8-601, within the city, nor may a parent, guardian or person having the care, custody or control of a minor permit the minor to fire or discharge a firearm within the city.
(Ord. 439 2 (part), 1995: Ord. 433 9 (part), 1994: Ord. 23 1 (part), 1968) 8-603 - Exceptions to prohibition of Section 8-602. Section 8-602 does not apply to the use of a firearm by:c (a) A peace officer or person in the military service in the discharge of his duties;
(b) A person using a firearm in the defense of their person or the life of another person or in defense of his livestock or domestic animal or his property, to the extent authorized by law. (Ord. 433 9 (part), 1994: Ord. 23 1 (part), 1968) 8-604 - Reserved.
Article 2. - Sale of Firearms and Munitions

8-605 - Police permit required. 8-606 - Application. 8-607 - Investigation by chief of police. 8-608 - Conditions of approval. 8-609 - Repealed by Ordinance 490. 8-610 - Liability insurance. 8-611 - Issuance of police permitDuration. 8-612 - Grounds for permit denial. 8-613 - Grounds for permit revocation. 8-614 - Hearing for permit denial or revocation. 8-615 - Nonassignability. 8-616 - Compliance by existing dealers.
8-605 - Police permit required. (a) Except as provided in Penal Code 12070(b), as it may be amended from time to time, it is unlawful for a person to engage in the activity of "firearm sales" as that term is defined under Section 6-421 without a police permit as required by this chapter. (b) The requirement for a police permit is in addition to the requirement under Section 6-533 for a land use permit for firearm sales activity. No person may engage in firearm sales activity without both a land use permit from the planning commission or city council on appeal and a police permit. (Ord. 433 9 (part), 1994) 8-606 - Application. (a) An applicant for a permit or renewal of a permit under this chapter shall file with the chief of police an application in writing, signed under penalty of perjury, on a form prescribed by the city. The applicant shall provide all relevant information requested to demonstrate compliance with this chapter including: (1) The name, age and address of the applicant;
(2) The address of the proposed location for which the permit is required, together with the business name, if any; (3) Proof of a possessory interest in the property at which the proposed business will be conducted, in the form of ownership, lease, license or other entitlement to operate at such location and the written consent of the owner of record of the real property; (4) A floor plan of the proposed business which illustrates the applicant's compliance with security provisions of Section 8-609 (5) Proof of the issuance of a land use permit at the proposed location required under Section 6-533 (6) Proof of compliance with all federal and state licensing laws;
(7) Information relating to licenses or permits relating to other weapons sought by the applicant from other jurisdictions, including, but not limited to, date of application and whether each application resulted in issuance of a license; (8) Information relating to every revocation of a license or permit relating to firearms, including, but not limited to, date and circumstances of the revocation; (9) Applicant's agreement to indemnify, defend and hold harmless the city, its officers, agents and employees from and against all claims, losses, costs, damages and liabilities of any kind, including attorney fees, arising in any manner out of the applicant's negligence or intentional or wilful misconduct; (10) Certification of satisfaction of insurance requirements under Section 8-610 (11) All convictions of the applicant for any of the offenses listed in Section 8-612(5). (b) The application shall be accompanied by a nonrefundable fee for administering this chapter established by city council resolution. (Ord. 433 9 (part), 1994) 8-607 - Investigation by chief of police. The police chief shall conduct an appropriate investigation of the applicant to determine for the protection of the public safety whether the permit may be issued. The police chief may require an applicant, or any officer, agent or employee thereof, to provide fingerprints, a recent photograph, a signed authorization for the release of pertinent records, a complete personal history set forth on a questionnaire provided by the police chief, and any other additional information which the police chief considers necessary to complete the investigation. (Ord. 433 9 (part), 1994) 8-608 - Conditions of approval. In addition to other requirements and conditions of this chapter, a police permit is subject to the following conditions, the breach of any of which is sufficient cause for revocation of the permit by the chief of police:
(1) The business shall be carried on only in the building located at the street address shown on the permit. This requirement, however, does not prohibit the permittee from participating in a gun show or event which is authorized by federal and state law upon compliance with federal and state law; (2) The police permit, or a certified copy of it, shall be displayed on the premises and at gun shows where it can be easily seen; (3) The applicant shall not permit any person under 18 years of age to enter or remain within the premises without being accompanied by the parent or other adult legally responsible for the minor child where the firearms sales activity is the primary business performed at the site; (4) The permittee shall not deliver a firearm to a purchaser earlier than is allowed by applicable state and federal law; (5) The permittee shall not deliver a firearm to another purchaser, lessee or other transferee unless the firearm is unloaded and securely wrapped or unloaded in a locked container; (6) The permittee shall not deliver a firearm to a purchaser, lessee or other transferee under the age of 18 years, or a firearm capable of being concealed upon the person to another person under the age of 21 years. Clear evidence of the identity and age of the purchaser shall be required before delivery of a firearm to a purchaser, lessee or other transferee. Evidence of identity may include, but is not limited to, a motor vehicle operator's license, a state identification card, an armed forces identification card, an employee identification card containing the bearer's signature and photograph, or similar documentation which provides the permittee or seller reasonable assurance of the identity and age of the purchaser; (7) The permittee shall not sell, lease or otherwise transfer a firearm to a person whom the permittee or seller has reason to believe is within any of the classes prohibited by Penal Code sections 12021 or 12021.1, or Welfare and Institutions Code sections 8100 or 8103; (8) No firearm or imitation of one or placard advertising its sale or other transfer shall be displayed in any part of the premises where it can readily be seen from the outside; (9) The permittee shall properly and promptly process firearms transactions as required by Penal Code section 12082; (10) The permittee shall keep a register of sales as required by Penal Code sections 12073 and 12077; (11) The permittee shall post conspicuously within the licensed premises all charges and fees required by Penal Code section 12071(b)(11) and the following warning in block letters not less than one inch in height: "IF YOU LEAVE A LOADED FIREARM WHERE A CHILD OBTAINS AND IMPROPERLY USES IT, YOU MAY BE FINED OR SENT TO PRISON." (12) No firearm capable of being concealed on the person shall be delivered to a purchaser or transferee, unless that person presents to the permittee or seller a current basic firearm safety
certificate, unless otherwise exempted by state law; (13) The permittee shall offer to provide to the purchaser or transferee of a firearm a copy of the pamphlet described in Penal Code section 12080 and may add the cost of the pamphlet, if any, to the sales price of the firearm; (14) The permittee shall report the loss or theft of a firearm that is merchandise of the permittee, a firearm that the permittee takes possession of pursuant to Penal Code section 12082, or a firearm kept at the permittee's place of business within 48 hours of discovery to the police department. (Ord. 533 1, 2002; Ord. 439 3, 1995; Ord. 433 9 (part), 1994) 8-609 - Repealed by Ordinance 490. 8-610 - Liability insurance. (a) No police permit shall be issued or reissued unless there is in effect a policy of insurance in a form approved by the city and executed by an insurance company approved by the city, whereby the applicant is insured against liability for damage to property and for injury to or death of any person as a result of the sale, lease or transfer or offering for sale, lease or transfer of a firearm. The minimum liability limits shall not be less than $1,000,000 for each incident of damage to property or incident of injury or death to a person. (b) The policy of insurance shall contain an endorsement providing that the policy shall not be canceled until notice in writing has been given to the city manager at least 30 days prior to the time the cancellation becomes effective. (c) Upon expiration of a policy of insurance and if no additional insurance is obtained, the permit is considered canceled without further notice. (Ord. 433 9 (part), 1994) 8-611 - Issuance of police permitDuration. (a) The police department may grant a police permit to the applicant if it finds that the applicant complies with all applicable federal, state and local laws including, but not limited to, the state Penal Code, city building code, fire code and zoning and planning codes. (b) A police permit expires one year after the date of issuance. A permit may be renewed for additional one-year periods upon the permittee's submission of an application for renewal, accompanied by a nonrefundable renewal fee established by city council resolution. The renewal application and the renewal fee must be received by the police department no later than 45 days before the expiration of the current permit. (c) A decision regarding issuance or renewal may be appealed in the manner provided for in Section 8-614 (Ord. 433 9 (part), 1994) 8-612 - Grounds for permit denial. The police chief shall deny the issuance or renewal of a police permit when one or more of the following
conditions exist: (1) (2) The applicant is under 21 years of age; The applicant is not licensed as required by federal, state and local law;
(3) The applicant has had a firearms permit or license previously revoked or denied for good cause within the immediately preceding two years; (4) The applicant has made a false or misleading statement of a material fact or omission of a material fact in the application for a police permit. If a permit is denied on this ground, the applicant is prohibited from reapplying for a permit for a period of two years; (5) The applicant has been convicted of: (A) An offense which disqualifies the applicant from owning or possessing a firearm under federal, state and local law, including, but not limited to, the offenses listed in Penal Code section 12021, (B) An offense relating to the manufacture, sale, possession, use or registration of a firearm or dangerous or deadly weapon, (C) An offense involving the use of force or violence upon the person of another, (D) An offense involving theft, fraud, dishonesty or deceit, (E) An offense involving the manufacture, sale, possession or use of a controlled substance as defined by the state Health and Safety Code, as it now reads or may hereafter be amended to read; (6) The applicant is within a class of persons defined in the Welfare and Institutions Code sections 8100 or 8103; (7) The applicant is currently, or has been within the past two years, an unlawful user of a controlled substance as defined by the Health and Safety Code as that definition now reads or may hereafter be amended to read; (8) The operation of the business as proposed would not comply with federal, state and local law. (Ord. 433 9 (part), 1994) 8-613 - Grounds for permit revocation. In addition to the violation of any other provisions contained in this chapter, circumstances constituting grounds for denial of a police permit also constitute grounds for revocation. (Ord. 433 9 (part), 1994) 8-614 - Hearing for permit denial or revocation. (a) A person whose application for a permit is denied or revoked by the chief of police has the right to a hearing before the chief of police before final denial or revocation.
(b) Within ten days of mailing written notice of intent to deny the application or revoke the permit, the applicant may appeal by requesting a hearing before the police chief. The request must be made in writing, setting forth the specific grounds for appeal. If the applicant submits a timely request for an appeal, the chief of police shall set a time and place for the hearing within 30 days. (c) The decision of the chief of police shall be in writing within ten days of the hearing. An applicant may appeal the decision of the chief of police to the city council in the manner provided in Section 1-215 (Ord. 433 9 (part), 1994) 8-615 - Nonassignability. A police permit issued under this chapter is not assignable. An attempt to assign a police permit makes the permit void. (Ord. 433 9 (part), 1994) 8-616 - Compliance by existing dealers. A person engaging in firearm sales activity on the effective date of this chapter or any amendment to it shall, within 60 days after the effective date, comply with this chapter and any amendment to it, except for the requirement for a land use permit under Section 8-605(b). (Ord. 433 9 (part), 1994)
Chapter 8-7 - TRUCK ROUTES

Sections:
8-701 - Authority for enactment. 8-702 - Designated truck routes. 8-703 - Prohibition of use of certain streets. 8-704 - Posting of streets with appropriate signs. 8-705 - Exceptions.
8-701 - Authority for enactment. Sections 8-702 to 8-705, inclusive, are enacted under the authority granted by Vehicle Code Section 35701. (Ord. 153 1 (part), 1976) 8-702 - Designated truck routes. The following streets within the city are designated as streets which may be used by vehicles which are then in use for commercial purposes and which exceed a maximum gross weight of 10,000 pounds:
(a) (b) (c) (d) (e) (f) (g)
Pleasant Hill Road, from the northerly city limits south to Olympic Boulevard; Deer Hill Road, from Oak Hill Road to First Street; First Street, from Deer Hill Road to Mt. Diablo Boulevard; Oak Hill Road, from Deer Hill Road to Mt. Diablo Boulevard; Mt. Diablo Boulevard, from Acalanes Road to Pleasant Hill Road; Olympic Boulevard, from Pleasant Hill Road to the easterly city limits; Moraga Road, from its intersection with Mt. Diablo Boulevard to the southerly city limits.
(Ord. 522 1, 2001: Ord. 153 1 (part), 1976) 8-703 - Prohibition of use of certain streets. Except as otherwise provided in Section 8-705 of this chapter, no person shall drive a vehicle which is then in use for commercial purposes and which exceeds a maximum gross weight of 10,000 pounds on any street within the city other than those listed in Section 8-702. (Ord. 153 1 (part), 1976) 8-704 - Posting of streets with appropriate signs. Under the authority of Vehicle Code Section 35701(b), the city council determines that the posting of signs indicating the streets upon which certain vehicles exceeding 10,000 pounds are prohibited will best serve to give notice of the provisions of this chapter. Sections 8-702 and 8-703 are effective when appropriate signs are erected. (Ord. 153 1 (part), 1976) 8-705 - Exceptions. Section 8-703 does not apply to: (a) A commercial vehicle subject to Sections 1031 to 1036 of the Public Utilities Code Vehicle Code Section 35701(a); (b) A commercial vehicle making pickups and deliveries as described in Vehicle Code Section 35703; (c) A commercial vehicle necessarily in use in the construction, installation or repair of a public utility as prescribed in Vehicle Code Section 35704. (Ord. 153 1 (part), 1976)
Chapter 8-7.5 - INTERSTATE TRUCKS

Sections:
8-751 - Purpose. 8-752 - Definitions. 8-753 - Application. 8-754 - Fees and costs. 8-755 - Retrofitting ramps, intersections and roadways. 8-756 - Revocation of route. 8-757 - Appeal process. 8-758 - Severability.
8-751 - Purpose. (a) The purpose of this chapter is to establish procedures for terminal designation and truck route designation to terminals for interstate trucks operating on a federally designated highway system and to promote the general health, safety and welfare of the public. (b) Current state law on truck combinations' length and width implements federal requirements dealing with access to the federally designated system by interstate trucks (Chapter 145, Stats 1983, amending various sections of the Vehicle Code). It is necessary that the city enact an ordinance delineating the application process for terminal and route designation within the bounds of the city limits by citizens or business establishments requiring the service of the interstate trucks off the federally designated system. The designated system nearest the city is Highway 24. (Ord. 330 1 (part), 1984) 8-752 - Definitions. (a) As used in this chapter: (1) "Caltrans" means the State of California Department of Transportation or its successor agency. (2) "Interstate truck" means a truck tractor and semi-trailer or truck tractor, semi-trailer and trailer with unlimited length as regulated by the Vehicle Code. (3) "Terminal" means a facility at which freight is consolidated to be shipped or where full load consignments may be loaded and offloaded or at which the vehicles are regularly maintained, stored or manufactured. (4) "Transportation engineer" means the city engineer or his authorized representative.
(b) If any word or phrase used in this chapter is not defined in this section, it shall have the meaning set forth in the California Vehicle Code; or if not defined in the Vehicle Code, it shall have the meaning attributed to it in ordinary usage. (Ord. 330 1 (part), 1984) 8-753 - Application. (a) A person requiring terminal access for interstate trucks from the federally designated highway
system shall submit (1) an application, on a form provided by the city, together with such information as may be required by the transportation engineer, and (2) appropriate fees to the city. (b) Upon receipt of the application, the transportation engineer will ascertain whether or not the proposed terminal facility meets the requirements for an interstate truck terminal. If so approved, he will then determine the capability of the requested route and alternate routes (whether requested or not). Determining route capability will include a review of adequate turning radii and lane width of ramps, intersections and highways and general traffic conditions such as sight distance, speed and traffic volume. No access off a federally designated highway system will be approved without the approval of Caltrans. (c) If the requested route passes through the city to a terminal located in another jurisdiction, the applicant shall comply with that jurisdiction's application process. Coordination of the approval of the route through the city will be the responsibility of the entity which controls the terminal's land use. (Ord. 330 1 (part), 1984) 8-754 - Fees and costs. (a) The applicant shall pay a nonrefundable application fee, as established by the city by resolution, sufficient to pay the cost of the review of (1) the terminal designation and (2) the requested and alternate routes. (b) Upon the approval of the terminal designation and route by the city and by Caltrans, the applicant shall deposit with the city sufficient funds, as estimated by the transportation engineer, to pay for the purchase and installation of terminal trailblazer signs. Trailblazer signs are required at every decision point in the city on route to the terminal. Upon completion of the installation of the signs, the actual cost shall be computed and any difference between the actual and the estimated cost shall be billed or refunded to the applicant. No terminal or route may be used until the required signs are in place. Costs for trailblazer signs may be proportioned in accordance with procedures in Section 8-755(c). (Ord. 330 1 (part), 1984) 8-755 - Retrofitting ramps, intersections and roadways. (a) If all feasible routes to a requested terminal are found unsatisfactory by the transportation engineer, the applicant may request retrofitting the deficiencies. All costs of engineering, construction and inspection will be borne by the applicant. Construction will be done by the city or by a contractor acceptable to it. (b) When the work is to be done by the city, the applicant shall deposit with the city the estimated cost of retrofitting. Adjustments between the estimated and actual cost shall be made after completion of the work, and any difference between the actual and the estimated cost shall be billed or refunded to the applicant. When the work is done by the applicant, the applicant may file with the transportation engineer, on a form satisfactory to the transportation engineer, a statement detailing the actual costs of the retrofitting. (c) If, within five years of date of completion of the retrofitting by the applicant, another applicant seeks terminal approval which would use the route upon which the retrofitting was accomplished, the new applicant shall pay the original applicant(s) a pro rata share of the original cost of the retrofitting, as determined by the transportation engineer. The proportionate fee shall be disbursed by the city to the
applicant who paid for the retrofitting, as well as to any other applicant who contributed to the cost of retrofitting under this subsection. Nothing in this subsection requires the payment of a proportionate fee if the applicant doing the work failed to file with the transportation engineer the report required by subsection (b) of this section. (Ord. 330 1 (part), 1984) 8-756 - Revocation of route. The transportation engineer may revoke any approved terminal or route if the terminal or route becomes a safety hazard for vehicular traffic. A safety hazard includes the inability of interstate trucks to negotiate the route or the creation of unsafe driving conditions for other vehicular traffic or pedestrians. (Ord. 330 1 (part), 1984) 8-757 - Appeal process. (a) If the transportation engineer denies terminal designation or route feasibility or revokes a previously approved terminal or route, the applicant or terminal owner, within ten days following the date of receipt of the decision of the transportation engineer, may appeal the decision to the city council in writing. An appeal shall be made on a form prescribed by the department of public works and filed with the city clerk. The appeal shall state specifically the error or abuse of discretion by the transportation engineer or why the decision is not supported by the evidence in the record. Within five days of the filing of an appeal, the transportation engineer shall transmit to the city clerk the terminal application, the sketches of the revoked route and other pertinent data, the report of the transportation engineer, the findings of the transportation engineer and his decision on the application. (b) The city clerk shall make copies of the data provided by the transportation engineer available to the applicant or other person filing the appeal for inspection and shall give notice to any other interested party who requested notice of the time when the appeal will be considered by the city council. (c) If Caltrans and not the transportation engineer denies or revokes terminal access from federally designated highways, no appeal may be made to the city council, but must be made to Caltrans as may be permitted by that entity. (Ord. 330 1 (part), 1984) 8-758 - Severability. If a part of this chapter is held to be invalid, the remaining portions of this chapter are not affected. (Ord. 330 1 (part), 1984)
Chapter 8-8 - TRAFFIC REGULATIONS
Sections:
Article 1. - Private Property Article 2. - Definitions Article 3. - Enforcement Article 4. - Traffic-Control Devices Article 5. - Turning Movements Article 6. - One-Way Streets Article 7. - Stop and Yield Intersections Article 8. - Miscellaneous Driving Rules Article 9. - Pedestrian Crosswalks Article 10. - Stopping, Standing and Parking Article 11. - Loading and Unloading Article 12. - Speed Zones Article 13. - Municipal Parking Lots Article 14. - Parking of Commercial Vehicles Article 15. - Parking Meters and Lock Boxes
Article 1. - Private Property

Article 2. - Definitions
8-811 - General. 8-812 - Curb. 8-813 - Divisional island. 8-814 - Holidays. 8-815 - Loading zone. 8-816 - Parkway. 8-817 - Passenger loading zone. 8-818 - Police officer. 8-819 - Vehicle Code.
8-811 - General. (a) The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this article. (b) Whenever any words or phrases used in this chapter are not defined in this article, but are defined in the Vehicle Code, such definitions shall apply. (Ord. 219 2 (part), 1979)
8-812 - Curb. "Curb" means the lateral boundary of the roadway, whether or not such boundary contains curbing construction. (Ord. 219 2 (part), 1979) 8-813 - Divisional island. "Divisional island" means a dividing section of not less than two feet in width, either unpaved or delineated by curbs, lines or other markings on the roadway, and separating opposing or conflicting streams of traffic. (Ord. 219 2 (part), 1979) 8-814 - Holidays. "Holidays" means New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day. In the event any such day falls upon a Sunday, the next succeeding Monday shall be a holiday. (Ord. 219 2 (part), 1979) 8-815 - Loading zone. "Loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials. (Ord. 219 2 (part), 1979) 8-816 - Parkway. "Parkway" means that portion of a street other than a roadway or sidewalk. (Ord. 219 2 (part), 1979) 8-817 - Passenger loading zone. "Passenger loading zone" means the space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers. (Ord. 219 2 (part), 1979) 8-818 - Police officer. "Police officer" means every sworn officer or auxiliary of the police agency which provides law enforcement services in and for the city, or any other officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. (Ord. 219 2 (part), 1979) 8-819 - Vehicle Code. "Vehicle Code" means the Vehicle Code of the state of California.
(Ord. 219 2 (part), 1979)
Article 3. - Enforcement
8-831 - Authority of police officers. 8-832 - Traffic directing by persons other than officers. 8-833 - Interference with police and authorized city officers. 8-834 - Removal of chalk marks. 8-835 - Vehicles exempted. 8-836 - Removal of vehicles from streets or public property. 8-837 - Unlawful standing, parking and equipment violationsCivil penalties and procedure. 8-838 - Other violations are infractions.
8-831 - Authority of police officers. Police officers assigned to duty in the city are authorized to direct all traffic by voice, hand or signal in conformance with traffic laws; provided, that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, the police officers may direct traffic as conditions may require notwithstanding the provisions of the Vehicle Code or this chapter. (Ord. 219 2 (part), 1979) 8-832 - Traffic directing by persons other than officers. No person other than a police officer or another person authorized by the city or another person authorized by law shall direct, or attempt to direct, traffic by voice, hand or other signal; except that persons may operate, when and as provided in this chapter, any mechanical pushbutton signal installed by the city. (Ord. 219 2 (part), 1979) 8-833 - Interference with police and authorized city officers. It is unlawful for a person to interfere with or obstruct in any way a police officer or other city officer or an employee of the city in the enforcement of this chapter. A violation of this section is a misdemeanor. (Ord. 424 4, 1993) 8-834 - Removal of chalk marks. No person shall remove, obliterate or conceal a chalk mark or other distinguishing mark used by any police officer or other employee or officer in connection with the enforcement of a parking regulation. Violation of this section is a parking violation and subject only to a civil penalty. (Ord. 424 5, 1993)
8-835 - Vehicles exempted. (a) The provisions of this chapter regulating the operation, parking and standing of vehicles do not apply to any police or fire vehicle, or any public utility vehicle or private ambulance which has qualified as an authorized emergency vehicle, when any vehicle mentioned in this section is operated in the manner specified in the Vehicle Code in response to an emergency call. (b) Such exemptions shall not, however, protect the driver of any such vehicle from the consequences of his wilful disregard of the safety of others. (c) The provisions of this chapter regulating the parking or standing of vehicles do not apply to any vehicle of a public utility while necessarily in use for construction or repair work, or any vehicle owned by the United States while actually engaged in the collection, transportation or delivery of United States mail. (Ord. 219 2 (part), 1979) 8-836 - Removal of vehicles from streets or public property. A peace officer may remove or cause to be removed: (a) A vehicle which has been parked or left standing upon a street or highway for 72 or more consecutive hours; (b) A vehicle which is parked or left standing upon a street or highway where the use of the street or highway, or a portion thereof, (1) is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities, or (2) is authorized for a purpose other than the normal flow of traffic, or (3) is necessary for the movement of equipment, articles or structures of unusual size, and the parking of a vehicle would prohibit or interfere with that use or movement; provided, however, that a "tow away" sign giving notice that the vehicle may be removed is erected or placed at least 24 hours prior to the removal; (c) An oversize commercial vehicle parked or left standing in violation of Section 8-8153
(d) A vehicle parked or left standing in an area in violation of city park regulations (as provided by Section 11-413) which has been posted as a "tow away" area; provided, however, that a "tow away" sign giving notice that vehicles parked in violation of posted parking regulations may be towed is erected or placed at least 24 hours before the vehicle is towed. (Ord. 459 1, 1996: Ord. 369 2, 1988: Ord. 219 2 (part), 1979) 8-837 - Unlawful standing, parking and equipment violationsCivil penalties and procedure. (a) A violation of the following regulations relating to the illegal standing or parking of a vehicle or to illegal equipment when the equipment violation is entered on the notice of parking violation is subject only to a civil penalty: Vehicle Code sections and Lafayette Municipal Code sections set forth in Resolution 67-93 adopted on October 25, 1993 or as thereafter amended. (b) The city council shall establish, by resolution, the schedule of penalties for a violation of a regulation described in subsection (a) including unlawful standing, parking, and illegal equipment when entered on notice of a parking violation, late payment penalty, an administrative fee, DMV hold and other related charges for a standing or parking violation.
(c) The city council shall establish written procedures for collection of civil penalties for unlawful standing and parking violations, including an administrative review procedure for contested notices of violations. The city council may establish these procedures by entering into an agreement which provides for an administrative review procedure. (Ord. 424 6, 1993) 8-838 - Other violations are infractions. Unless otherwise indicated, it is an infraction for a person to do any act forbidden by this chapter or fail to perform any act required by this chapter. (Ord. 424 7, 1993)
Article 4. - Traffic-Control Devices

8-841 - Authority to installEnforcementObedience. 8-842 - Authority to remove or relocate traffic devices. 8-843 - Hours of operation. 8-844 - Traffic lanes. 8-845 - Unauthorized painting of street or curb.
8-841 - Authority to installEnforcementObedience. (a) The city manager shall direct the placement of official traffic-control devices when required to make effective the provisions of this chapter, and may direct the placement of such additional official traffic-control devices as he may deem necessary to regulate, warn or guide traffic under this chapter or the Vehicle Code. (b) No provisions of the Vehicle Code or of this chapter for which signs are required shall be enforced against an alleged violator unless appropriate signs giving notice of the provisions of the traffic laws are in place and sufficiently legible to be seen by an ordinarily observant person. (c) It is unlawful for a pedestrian or the operator of any vehicle to disobey the instructions of any official traffic-control device placed in accordance with this chapter unless otherwise directed by a police officer, subject to the exceptions granted the operator of an authorized emergency vehicle when responding to emergency calls. (Ord. 219 2 (part), 1979) 8-842 - Authority to remove or relocate traffic devices. The city manager is authorized to direct the removal or relocation of any traffic-control device not specifically required by the Vehicle Code or this chapter whenever it is determined that the conditions which warranted or required the installation no longer exist. (Ord. 219 2 (part), 1979)
8-843 - Hours of operation. The city manager shall determine the hours and days during which any traffic-control device shall be in operation or effect, except in those cases where such hours or days are specified in this chapter. (Ord. 219 2 (part), 1979) 8-844 - Traffic lanes. The city manager is authorized to mark traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. (Ord. 219 2 (part), 1979) 8-845 - Unauthorized painting of street or curb. No person, unless authorized by the city manager, shall paint any street or curb. (Ord. 219 2 (part), 1979)
Article 5. - Turning Movements

8-851 - Authority to place devices altering normal course for turns. 8-852 - Authority to place restricted turn signs. 8-853 - Signal-controlled intersectionRight turns.
8-851 - Authority to place devices altering normal course for turns. The city manager is authorized to direct the placement of official traffic-control devices within or adjacent to intersections, indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. (Ord. 219 2 (part), 1979) 8-852 - Authority to place restricted turn signs. The city manager is authorized to determine those intersections at which drivers of vehicles shall not make a right, left or U-turn, and shall place proper signs at such intersections. The making of such turn may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs. (Ord. 219 2 (part), 1979) 8-853 - Signal-controlled intersectionRight turns. The city manager is authorized to direct the installation of appropriate signs where he determines that the making of right turns against a traffic signal "stop" indication would seriously interfere with the safe and orderly flow of traffic.
(Ord. 219 2 (part), 1979)
Article 6. - One-Way Streets

8-861 - DesignationSigns.
8-861 - DesignationSigns. Whenever any resolution of the city council designates any one-way street or alley, the city manager shall place and maintain signs giving notice thereof, and no such regulations shall be effective unless such signs are in place. Signs indicating the direction of lawful traffic movement shall be placed at every intersection where movement of traffic in the opposite direction is prohibited. (Ord. 219 2 (part), 1979)
Article 7. - Stop and Yield Intersections

8-865 - Stop signs and yield signs.
8-865 - Stop signs and yield signs. The city council may by resolution direct the installation of stop signs, yield signs or other official traffic-control devices to designate through streets or to designate intersections at which vehicular traffic on one or more of the roadways should yield or stop before entering the intersection. (Ord. 219 2 (part), 1979)
Article 8. - Miscellaneous Driving Rules

8-871 - Driving and riding on sidewalks. 8-872 - New pavement and wet paint. 8-873 - Entering intersections and crosswalks.
8-871 - Driving and riding on sidewalks. It is unlawful for any person to ride, drive, propel or cause to be propelled any motor vehicle or animal across or upon any sidewalk or other public pedestrian path, excepting over permanently constructed
driveways and excepting when it is necessary for any temporary purpose to drive a loaded vehicle across a sidewalk. (Ord. 219 2 (part), 1979) 8-872 - New pavement and wet paint. No person shall ride or drive any animal or vehicle over or across any newly made pavement or freshly painted marking in any street when a barrier, sign, cone-marker or other warning device is in place warning persons not to drive over or across such pavement or marking, or when a sign is in place stating that the street or any portion thereof is closed, or where barricades have been erected. (Ord. 219 2 (part), 1979) 8-873 - Entering intersections and crosswalks. It is unlawful for the operator of any vehicle to enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic-control signal indication to proceed. (Ord. 219 2 (part), 1979)
Article 9. - Pedestrian Crosswalks

8-880 - Authority to install. 8-881 - Midblock crossings. 8-882 - Use of crosswalks restricted. 8-883 - Crossing streets in crosswalks.
8-880 - Authority to install. The city manager is authorized to direct the installation of marked crosswalks at intersections and other places by appropriate devices, marks or lines upon the surface of the roadway whenever he determines that marked crosswalks are required to direct safe pedestrian movements, subject to the limitations contained in Section 8-881 of this article. (Ord. 219 2 (part), 1979) 8-881 - Midblock crossings. Other than crosswalks at intersections, no crosswalk shall be established in any block which is less than 400 feet in length, and such crosswalk shall be located as nearly as possible at midblock. (Ord. 219 2 (part), 1979)
8-882 - Use of crosswalks restricted. The city manager may place signs at or adjacent to an intersection directing that pedestrians shall cross only in the crosswalk so indicated. (Ord. 219 2 (part), 1979) 8-883 - Crossing streets in crosswalks. No pedestrian shall cross a roadway in the business district other than by a crosswalk. (Ord. 219 2 (part), 1979)
Article 10. - Stopping, Standing and Parking

8-890 - Authority to establishEnforcementObedience. 8-891 - Application of article. 8-892 - Standing in parkways. 8-893 - Stopping and parking prohibited. 8-894 - Storing vehicles on streets. 8-895 - Repealed by Ordinance 382. 8-896 - Repairing and greasing vehicles on streets. 8-897 - Repealed by Ordinance 425. 8-898 - Parking on narrow streets. 8-899 - Emergency parking prohibition. 8-8100 - Leaving keys in parked vehicles. 8-8101 - Time limit parking. 8-8102 - Parking on curbless streets. 8-8103 - Diagonal parking. 8-8104 - Parking space markings. 8-8105 - On-street parking for disabled persons. 8-8106 - Exception to article provisions. 8-8107 - Preferential parking permits.
8-890 - Authority to establishEnforcementObedience. (a) The city council may by resolution establish no-stopping zones, no-parking areas, and restricted-parking areas, as defined and described in this article. (b) No prohibition or restriction relating to stopping, standing or parking imposed under this article shall be effective unless appropriate signs of markings required by the Vehicle Code are in place. (c) It is unlawful for any operator of a vehicle to disobey the provisions of this article when appropriate signs or markings are in place. (Ord. 219 2 (part), 1979)
8-891 - Application of article. (a) The provisions of this article prohibiting the stopping, standing or parking of a vehicle shall apply at all times, or at those times specified in this article, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic-control device. (b) The provisions of this article or other regulations imposing a time limit on standing or parking shall not relieve any person from the duty to observe other and more restrictive provisions of the Vehicle Code or the regulations of the city prohibiting or limiting the standing or parking of vehicles in specified places or at specified times. (Ord. 219 2 (part), 1979) 8-892 - Standing in parkways. No person shall stop, stand or park a vehicle within any parkway. (Ord. 219 2 (part), 1979) 8-893 - Stopping and parking prohibited. No operator of any vehicle shall stop, stand, park, or leave standing such vehicle in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or other authorized officer, or traffic sign or signal: (a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; (b) In any area where the city manager determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by appropriate signs or by red paint upon the curb surface; (c) In any area established by resolution of the city council as a no-parking area;
(d) At any place within 20 feet of a crosswalk at an intersection in any business district, except that a bus may stop at a designated bus stop within 20 feet of a crosswalk; (e) On any street or highway where the use of such street or highway, or a portion thereof, is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities, or where the use of the street or highway, or any portion thereof, is authorized for a purpose other than the normal flow of traffic, or where the use of the street or highway, or any portion thereof, is necessary for the movement of equipment, articles, or structures of unusual size; provided, however, that signs giving notice of such prohibition are erected or placed at least 24 hours prior to the effective time of such no-parking restrictions. (Ord. 219 2 (part), 1979) 8-894 - Storing vehicles on streets. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of 72 hours.
(Ord. 219 2 (part), 1979) 8-895 - Repealed by Ordinance 382. 8-896 - Repairing and greasing vehicles on streets. No person shall construct, or cause to be constructed, repair or cause to be repaired, or grease or cause to be greased, any vehicle or any part thereof upon any public street in the city, except for the making of temporary emergency repairs. (Ord. 219 2 (part), 1979) 8-897 - Repealed by Ordinance 425. 8-898 - Parking on narrow streets. The city manager is authorized to place signs or markings indicating no parking upon any street when the width of the roadway does not exceed 28 feet, or upon one side of a street when the width of the roadway does not exceed 36 feet, or upon any other roadway where, in his opinion, parking needs to be prohibited for the proper control of traffic. (Ord. 219 2 (part), 1979) 8-899 - Emergency parking prohibition. (a) Whenever the city manager determines that an emergency traffic congestion is likely to result from the holding of public or private assemblages, gatherings or functions, or for other reasons, he shall have power and authority to order temporary signs to be erected or posted indicating that the operation, parking or standing of vehicles is prohibited on streets and alleys during the time such temporary signs are in place. Such signs shall remain in place only during the existence of such emergency, and the city manager shall cause such signs to be removed promptly thereafter. (b) When signs authorized by the provisions of this section are in place giving notice thereof, no person shall operate, park or stand any vehicle contrary to the directions and provisions of such signs. (Ord. 219 2 (part), 1979) 8-8100 - Leaving keys in parked vehicles. It is unlawful for the operator of any vehicle to leave the ignition key of such vehicle in any unconcealed place within such vehicle while parked on any public street or in any public or private parking lot. (Ord. 219 2 (part), 1979) 8-8101 - Time limit parking. When authorized signs are in place, no operator of any vehicle shall stop, stand or park such vehicle during the times such signs are in effect for a period longer than designated on the sign, unless the vehicle is marked with a valid permit issued under Section 8-8107. (Ord. 343 1, 1985: Ord. 219 2 (part), 1979)
8-8102 - Parking on curbless streets. No person shall stop, park or leave standing any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or leave the vehicle off such portion of the street, but in every event an unobstructed width of the street opposite a standing vehicle shall be left for the free passage of other vehicles and a clear view of the stopped vehicle shall be available from a distance of 200 feet in each direction upon the street. The provisions of this section shall not apply upon a street where the roadway is bounded by adjacent curbs. (Ord. 219 2 (part), 1979) 8-8103 - Diagonal parking. (a) Whenever any resolution of the city council designates and describes any street or portion thereof upon which angle parking shall be permitted, the city manager shall mark or sign such street indicating the angle at which vehicles shall be parked. (b) When signs or markings are in place indicating angle parking as provided in this section, no person shall park or stand a vehicle other than at the angle to the curb indicated by signs or pavement markings allotting space to parked vehicles and entirely within the limits of such allotted space, with the front wheel nearest the curb within six inches of the curb. (Ord. 219 2 (part), 1979) 8-8104 - Parking space markings. (a) The city manager is authorized to direct the installation of parking space markings to indicate parking spaces adjacent to curbings where authorized parking is permitted. (b) When such parking space markings are placed in the highway, subject to other and more restrictive limitations, no vehicle shall be stopped, left standing, or parked other than within a single space unless the size or shape of such vehicle makes compliance impossible. (Ord. 219 2 (part), 1979) 8-8105 - On-street parking for disabled persons. (a) The city manager is authorized to designate special on-street parking spaces for the exclusive use by disabled persons. (b) The special parking spaces shall be indicated by blue paint on the curb or edge of the paved portion of the street adjacent to the space. In addition, the space may also be indicated by signs or other suitable means. (c) No person shall stop, stand or park any vehicle in a disabled person's parking space unless such vehicle bears a special license or display a special placard issued under Vehicle Code Section 9105 or 22511.5 (Ord. 219 2 (part), 1979) 8-8106 - Exception to article provisions. Notwithstanding the provisions of this article, the city manager may grant permission to organizations
and individuals to park vehicles, materials or equipment for special occasions in violation of municipal parking prohibitions or time limits. (Ord. 219 2 (part), 1979) 8-8107 - Preferential parking permits. By resolution adopted under this section, the city council may designate that an operator of a vehicle marked with a valid preferential parking permit is exempt from the time limits imposed by Section 8-8101. (a) On the recommendation of the parking commission, the city council may schedule a public hearing to consider the designation of a preferential parking area. The city shall give at least ten days notice of the hearing by mail to property owners within the proposed area and those within 300 feet of the proposed area. The city shall also post a minimum of three notices in the proposed area at least ten days before the hearing. The notice shall specify the streets or portions of streets to be affected by the permit program. (b) After the public hearing, if the city council finds that adoption of a preferential parking program is necessary to protect the integrity and vitality of the neighborhood in the designated area and thus promote the general health, safety and welfare of its residents, the city council may adopt a resolution designating the preferred parking area and authorizing the issuance of preferential parking permits. (c) The resolution shall specify the streets or portions of streets upon which permits will be valid and to whom permits may be issued. The resolution may authorize the issuance of permits to residents, merchants or both who are owners or lessees of real property within the designated area. The resolution may authorize the issuance of temporary permits to guests of residents, merchants or both. The resolution may establish a reasonable fee for the issuance of a permit. (d) The resolution may contain any other provisions which are reasonable and necessary to ensure the effectiveness of the preferential parking program. (e) A preferential parking program adopted under this section shall not take effect until signs or markings are posted giving adequate notice of the program. (Ord. 343 2, 1985)
Article 11. - Loading and Unloading

8-8120 - Authority to establishEnforcementObedience. 8-8121 - Standing in a passenger loading zone. 8-8122 - Standing in a loading zone. 8-8123 - Bus zones.
8-8120 - Authority to establishEnforcementObedience. (a) The city council may by resolution determine the location of loading zones and passenger loading zones and direct the installation of appropriate signs or markings at these locations. (b) No restriction relating to loading or unloading imposed under this article shall be effective unless appropriate signs or markings are in place. (c) It is unlawful for any operator of a vehicle to disobey the provisions of this article when appropriate signs or markings are in place. (Ord. 219 2 (part), 1979) 8-8121 - Standing in a passenger loading zone. No person shall stop, stand or park a vehicle for any purpose or period of time, other than for the expeditious loading or unloading of passengers or for the purpose of depositing mail in an adjacent mailbox, in any place marked as a passenger loading zone between seven a.m. and six p.m. of any day except Sundays and holidays, and then only for a period not to exceed three minutes, except as follows: (a) When such zone is in front of a hotel or in front of a mailbox, the restrictions shall apply at all times. (b) When such zone is in front of a theater, the restrictions shall apply at all times except when such theater is closed. (c) When a sign has been installed which designates the period during which the loading zone is in effect, the restrictions shall apply only during the period designated on the sign. (Ord. 219 2 (part), 1979) 8-8122 - Standing in a loading zone. (a) No person shall stop, stand or park any vehicle for any purpose or length of time, other than a vehicle for the active and expeditious loading, unloading and delivery or pickup of property in any place marked as a loading zone, per California Vehicle Code 21458(a)(2) between seven a.m. and six p.m. of any day except Sundays and holidays, and then only for a period not to exceed 20 minutes or as otherwise designated by signage. (b) The driver of a vehicle may stop temporarily at a loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter such zone to load or unload property, and then only for a period not to exceed three minutes. (c) When a sign has been installed which designates the period during which the loading zone is in effect, the restrictions shall apply only during the period designated on the sign. (Ord. No. 219, 2(part), 1979; Ord. No. 577, 1, 9-8-2008) 8-8123 - Bus zones. (a) The city manager is authorized to establish bus zones opposite curb space for the loading and
unloading of buses. (b) No person shall stop, stand or park any vehicle except a bus in a bus zone, and no bus shall utilize a bus zone except as authorized by the city manager. (Ord. 219 2 (part), 1979)
Article 12. - Speed Zones

8-8131 - Speed limits.
8-8131 - Speed limits. The city council shall by resolution designate the speed limit on those streets where speed limits other than those prescribed by state law are necessary for the safe and orderly movement of traffic. These speed limits shall be based on an engineering and traffic study conducted by a traffic engineer. Upon the adoption of such resolution, the city manager shall direct the installation of signs giving notice thereof. (Ord. 219 2 (part), 1979)
Article 13. - Municipal Parking Lots

8-8141 - Authority to regulate. 8-8142 - Speed limits. 8-8143 - Shortcuts. 8-8144 - Disabled persons' parking spaces.
8-8141 - Authority to regulate. (a) The city council may by resolution prohibit, restrict or regulate the parking, stopping or standing of vehicles in any off-street parking facility which is owned or operated by the city. (b) When signs authorized by the provisions of this section are in place, giving notice thereof, no person shall park or stand any vehicle contrary to the directions or provisions of such signs. (Ord. 219 2 (part), 1979) 8-8142 - Speed limits. The operator of any vehicle shall not exceed a speed of ten miles per hour while driving within any municipal parking lot of the city.
(Ord. 219 2 (part), 1979) 8-8143 - Shortcuts. It is unlawful for the operator of any vehicle to drive across a municipal parking lot as a means of effecting a shortened route between or along public streets. (Ord. 219 2 (part), 1979) 8-8144 - Disabled persons' parking spaces. (a) The city manager is authorized to designate parking spaces in any off-street parking facility owned and operated by the city for the exclusive use by disabled persons. (b) The disabled persons' parking spaces shall be identified as specified in the Vehicle Code.
(c) No person shall stop, stand or park any vehicle in a disabled persons' parking space unless such vehicle bears a special license or displays a special placard issued under Vehicle Code Section 9105 or 22511.5. (Ord. 219 2 (part), 1979)
Article 14. - Parking of Commercial Vehicles

8-8151 - Findings and declaration of intent. 8-8152 - Definitions. 8-8153 - Parking prohibited overnight on public streets and anytime in residential districts. 8-8154 - Exceptions. 8-8155 - Posting signs. 8-8156 - Enforcement by removal.
8-8151 - Findings and declaration of intent. (a) The city council finds that the parking of oversized commercial vehicles and trailers and unattached trailers on public streets can, unless controlled, provide neighborhood blight and deterioration, impair visibility, constitute a nuisance, and be injurious to the health, safety and general welfare. Therefore, the presence of such vehicles on public rights-of-way is prohibited except as permitted in this chapter and is declared to constitute a public nuisance. (b) This article is adopted under California Vehicle Code Section 22507.5.
(Ord. 369 1 (part), 1988) 8-8152 - Definitions. In this article, unless the context otherwise requires: (a) "Commercial vehicle" means a vehicle of a type required to be registered under the State
Vehicle Code used or maintained for the transportation of persons for hire, compensation or profit or designed, used or maintained primarily for the transportation of property. (Reference: California Vehicle Code Section 260.) (b) "Oversize vehicle" means a vehicle or a vehicle and trailer combination which has a manufacturer's gross weight rating of 10,000 pounds or more or the dimensions of which exceed 20 feet in length or seven feet in height. (c) "Residential district" means a single-family residential, low-density residential multiple-family residential district established under Chapters 6-7 and 6-8 of this code. (Ord. 369 1 (part), 1988) 8-8153 - Parking prohibited overnight on public streets and anytime in residential districts. Except as provided in Section 8-8154, no person within the city may park or leave standing an oversized commercial vehicle: (a) (b) Upon any public street between the hours of two a.m. and six a.m.; or In a residential district at any time. or
(Ord. 369 1 (part), 1988) 8-8154 - Exceptions. The parking prohibition of Section 8-8153 does not apply to a commercial oversize vehicle making pickups or deliveries of goods, wares or merchandise or delivering building materials to a site for which a current building permit exists. (Ord. 369 1 (part), 1988) 8-8155 - Posting signs. Signs announcing the parking prohibition in this article and giving notice of removal shall be posted at major entry points to the city. This article applies only after such notice is posted. (Ord. 369 1 (part), 1988) 8-8156 - Enforcement by removal. In addition to penalties set forth in Sections 8-837 and 8-838, under California Vehicle Code Section 22657 and 8-836 of this chapter, the city may remove a vehicle parked or left standing in violation of this chapter. (Ord. 424 8, 1993: Ord. 369 1 (part), 1988)
Article 15. - Parking Meters and Lock Boxes

8-8161 - Metered parking zones. 8-8162 - Manner of installation. 8-8163 - Parking within spaces. 8-8164 - Time of operation. 8-8165 - Parking fees. 8-8166 - Maximum parking time. 8-8167 - Use of slugs prohibited. 8-8168 - Unlawful use. 8-8169 - Exemption for disabled person and veteran. 8-8170 - Collection and disposition of fees. 8-8171 - Repealed by Ordinance 424.
8-8161 - Metered parking zones. The following portions of streets are declared to be parking meter zones as authorized by Vehicle Code Section 22508: (a) The portions of the following streets which are bordered on the north by Deer Hill Road and on the south by Mt. Diablo Boulevard: (1) (2) (3) (4) Brown Avenue, Happy Valley Road, Oak Hill Road, First Street;
(b) The portion of Mt. Diablo Boulevard which is bordered on the west by So. Thompson and on the east by Second Street; (c) The portion of Oakhill Road which is bordered on the south by Mt. Diablo Boulevard and on the north by the lockboxes described in Section 8-8162 (d) Plaza Way which is bordered on the west by Moraga Road and on the east by Golden Gate Way; (e) The portion of Moraga Road which is bordered on the north by Mt. Diablo Boulevard and on the south by Moraga Boulevard. (Ord. 415 1 (part), 1993: Ord. 392 1 (part), 1991) 8-8162 - Manner of installation. (a) In the metered parking zones described in Section 8-8161, parking meters shall be installed on both sides of Brown Avenue; on both sides of Mt. Diablo Boulevard; on the east side only of Oakhill Road; on the south side of Plaza Way, and; on the west side only of Moraga Road. The parking meters shall be installed upon the curb immediately adjacent to the individual parking space. Each meter shall be constructed to signal that the space adjacent to which it is installed is or is not legally in use. (b) Parking lock boxes shall be installed for use of both sides of Happy Valley Road, Oak Hill Road and First Street within the portions bordered on the north by Deer Hill Road and on the south by Mt. Diablo Boulevard. At least one parking lock box shall be installed at the north end of each of the
affected streets. Each parking lock box shall contain multiple numbered slots for the insertion of parking fees corresponding to a numbered parking place on that street. (Ord. 415 1 (part), 1993: Ord. 392 1 (part), 1991) 8-8163 - Parking within spaces. (a) The director of public works shall have lines and markings painted upon the curb or street adjacent to each parking meter designating the parking space for which the meter is to be used. Each vehicle parked adjacent to any parking meter shall be parked within the designated parking space. It is unlawful to park a vehicle except entirely within the parking space. (b) The director of public works shall have lines, markings and numbers upon the curb or street designating each parking space corresponding with the numbered slot on the parking lock box. Each vehicle parked in a numbered space shall be parked within the designated parking space. It is unlawful to park a vehicle except entirely within such parking space. (Ord. 392 1 (part), 1991) 8-8164 - Time of operation. (a) The provisions of this article relating to the use of parking meters on all streets within the metered parking zone except Brown Avenue, are effective between the hours of seven a.m. and six p.m., and on Brown Avenue between the hours of six a.m. and six p.m., every day except Sundays and holidays. (b) The provisions of this article relating to the use of lock boxes are effective between the hours of six a.m. and six p.m. every day except Saturdays, Sundays and holidays. (c) It is unlawful for a person to cause or permit a vehicle registered in his name or operated by him to be parked in a parking meter space between the hours of seven a.m. and six p.m., or on Brown Avenue in a parking meter space between the hours of six a.m. and six p.m., excluding Sundays and holidays without first having deposited the requisite amount of coins in the parking meter. (d) It is unlawful for a person to cause or permit a vehicle registered in his name or operated by him to be parked in a lock box space between the hours of six a.m. and six p.m. excluding Saturdays, Sundays and holidays without first having deposited the requisite amount of currency in the lock box. (Ord. 415 1 (part), 1993: Ord. 392 1 (part), 1991) 8-8165 - Parking fees. (a) The charge for the use of a metered parking space in the parking meter zone is $1.00 per hour.
(b) The charge for the use of a numbered parking space corresponding to the numbered slot on a parking lock box is $2.00 per day for each vehicle. No person using a numbered parking lock box space shall place less than $2.00 in the corresponding lock box slot, regardless of the number of hours used between the hours of six a.m. and six p.m., excluding Saturdays, Sundays and holidays. The parking lock box shall accept only exact currency. (Ord. 563 1, 2007; Ord. 415 1 (part), 1993: Ord. 392 1 (part), 1991)
8-8166 - Maximum parking time. It is unlawful for a person to cause or permit a vehicle registered in his name or operated by him to be parked in a parking meter space between the hours of seven a.m. and six p.m., or on Brown Avenue in a parking meter space between the hours of six a.m. and six p.m., excluding Sundays and holidays, beyond the maximum period of parking time established for the space. If the maximum parking time limit is posted on signs at or near the parking space or on the parking meter itself, then after expiration of the maximum parking time available for a given vehicle, depositing additional coins does not extend or renew the parking time available for that vehicle. (Ord. 415 1 (part), 1993: Ord. 392 1 (part), 1991) 8-8167 - Use of slugs prohibited. It is unlawful to deposit in a parking meter a slug, device, bent coin, or substitute for a coin of the United States. (Ord. 392 1 (part), 1991) 8-8168 - Unlawful use. (a) It is unlawful for a person to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of a parking meter or parking lock box. (b) It is unlawful for a person to attach anything to or allow a bicycle, newsrack or any other thing to lean against a parking meter, parking lock box, or parking meter or lock box standard. (Ord. 392 1 (part), 1991) 8-8169 - Exemption for disabled person and veteran. Under the authority of Vehicle Code Section 22511.5, a disabled person or veteran is exempt from the application of Sections 8-8164, 8-8165 and 8-8166 of this article; provided that the person's vehicle bears a special license or displays a special placard issued under Vehicle Code Section 9105 or 22511.5. (Ord. 392 1 (part), 1991) 8-8170 - Collection and disposition of fees. The city manager is responsible for the collection of all coins and currency deposited in the parking meters and parking lock boxes respectively. All of the coins and currency shall be delivered to the treasurer of the city who shall deposit the moneys in a special fund designated the city "parking fund." (Ord. 392 1 (part), 1991) 8-8171 - Repealed by Ordinance 424.
Chapter 8-9 - AUTOMATIC COMMUNICATION DEVICES

Sections:
Article 1. - Use of Telephone Article 2. - Alarm Systems
Article 1. - Use of Telephone

8-901 - Prohibited acts. 8-902 - Consent withdrawn. 8-903 - Definitions.
8-901 - Prohibited acts. No person shall use or operate, cause to be used or operated, arrange, adjust, program or otherwise provide or install any device or combination of devices that will, upon activation, either mechanically, electrically, automatically or by any other means initiate the intrastate calling, dialing or connection to any telephone number, line or instrument assigned to a public agency in the city, for the purpose of delivering a recorded message, without the city's prior written consent. (Ord. 86 1, 1972: Ord. 76 1 (part), 1972) 8-902 - Consent withdrawn. The city may withdraw its consent by written notice to the person to whom the consent was given, and such person shall have the device(s) disconnected within seven days of receipt of such written notice of withdrawal. (Ord. 76 1 (part), 1972) 8-903 - Definitions. As the following phrases are used in this article, the following definitions apply: (a) "Public agency" means and includes the state of California, county of Contra Costa and any special district, and any departments, officers of agents thereof or of the city. (b) "Telephone number" means and includes any additional number assigned by a public utility company engaged in the business of providing communications services and facilities to be used by means of a rotary or other system to connect the subscriber to the primary number(s) when such number(s) are in use. (Ord. 76 1 (part), 1972)
Article 2. - Alarm Systems

8-910 - Adoption by reference of County Ordinance Code Chapter 54-12. 8-911 - Penalty.
8-910 - Adoption by reference of County Ordinance Code Chapter 54-12. Contra Costa County Ordinance Code Chapter 54-12, Alarm Systems, is adopted by reference under the authority of Sections 50020 through 50022.9 of the Government Code of the State. This chapter regulates alarm systems and provides for a fee to defray the cost of responding to false alarms. (Ord. 321 1 (part), 1984) 8-911 - Penalty. (a) A violation of this chapter is an infraction punishable by (1) a fine not exceeding 50 dollars for a first violation; (2) a fine not exceeding 100 dollars for a second violation; and (3) a fine not exceeding 250 dollars for each additional violation of the same provision within one year. (b) A violation of this chapter constitutes a public nuisance. In addition to any other remedies provided in this chapter, the city may summarily abate and bring suit to enjoin or abate the nuisance. (Ord. 321 3 (part), 1984)
Chapter 8-10 - MOTORCYCLES AND OTHER MOTOR-DRIVEN VEHICLES

Sections:
Article 1. - General Provisions Article 2. - Permits for Off-road Operation Article 3. - Miscellaneous Provisions and Penalties

8-1001 - Findings. 8-1002 - Scope. 8-1003 - Definitions.
8-1001 - Findings. (a) The city council finds that there is an increase in the ownership and operation of motorcycles and other motor-driven vehicles for recreational purposes on private property and on public property in the city, and that there is a need for control of the traffic generated from this source.
(b)
It is further found and determined that: (1) The California Vehicle Code provides for the regulation of vehicles and operators on the public streets and highways of the state; (2) The off-road operation of licensed and unlicensed motorcycles and other motor-driven vehicles on private property and public property in the city: (A) Can generate excessive amounts of irritating dust, noxious exhaust fumes and noise, (B) Creates a high risk of igniting brush and grass fires, (C) Creates erosion in the hilly areas of the city and on unimproved property in the city, (D) Creates unimproved roads and pathways which constitute a danger and threat of accident to persons in such areas, (E) Causes an adverse effect on the environment due to noise, the befouling of the air by noxious fumes and the stirring up of dust, (F) Has an adverse effect upon the public health, safety and convenience of the persons residing in the community, which constitutes a public nuisance to the residents of the city, (G) Promotes blight and depreciates property values.
(c) After examination and investigation of the existing situation, it is determined that the operation of motorcycles and other motor-driven vehicles on private and public land, except the public streets and highways, is a public nuisance, that such a public nuisance exists, and that certain controls must be imposed upon the off-road use of motorcycles and other motor-driven vehicles on private and public property in the city. (Ord. 246 1, 1981; Ord. 244 1 (part), 1981) 8-1002 - Scope. This chapter is designed to regulate the traffic on private and public lands, except the public streets and highways, of registered and unregistered motorcycles and other motor-driven vehicles by all persons, whether they possess a valid California motor vehicle operator's license or not. (Ord. 244 1 (part), 1981) 8-1003 - Definitions. In this chapter, unless the context otherwise requires: (a) "Highway" means a way or place publicly maintained and open to the use of the public for purposes of vehicular travel. "Highway" includes a freeway, street, road and alley. (b) "Motorcycle" means any motor vehicle, other than a tractor, having a seat or saddle for the use of the rider, and designed to travel on no more than three wheels in contact with the ground, and weighing less than 1,500 pounds. (c) "Motor-drive vehicle" means any motorcycle and any dune buggy, truck or passenger vehicle
which is designed or intended for, or is capable of, off-road recreational use. (d) "Off-road vehicle" means a motor-driven vehicle which is designed or intended for, or is capable of, use on unimproved land, as well as upon highways. (e) "Operate" means to start, drive or run a vehicle.
(f) "Private property" means real property, including unimproved property which is owned, leased or rented by a person other than federal, state or local governmental agency or public corporation. (g) "Public property" means real property, including unimproved real property, which is owned, leased or rented by the federal, state or local government or public corporation. "Public property" does not include a public street or highway. (h) "Unimproved property" means private or public real property which contains no structures or which is not surfaced with cement, concrete, asphaltic concrete, or other similar material or which does not have a hard surface composed of mixtures of rock, sand or gravel bound together with a chemical or mineral substance other than natural soil. (i) "Vehicle" means a motorcycle or motor-drive vehicle.
(Ord. 246 2, 1981: Ord. 244 1 (part), 1981)
Article 2. - Permits for Off-road Operation

8-1011 - Permit required. 8-1012 - Exceptions to permit requirement. 8-1013 - Application for permit. 8-1014 - Application fee. 8-1015 - Procedure upon filing application. 8-1016 - Grounds for denial of permit. 8-1017 - Issuance of permit. 8-1018 - Contents of permit. 8-1019 - Duration and termination of permit. 8-1020 - Revocation or suspension. 8-1021 - Appeal. 8-1022 - Conditions of exercise of permit.
8-1011 - Permit required. It is unlawful for a person to operate a motorcycle or other motor-driven vehicle on, over or across private or public property for recreational purposes without a permit. (Ord. 246 3, 1981: Ord. 244 1 (part), 1981)
8-1012 - Exceptions to permit requirement. A permit pursuant to this chapter for operation of a motorcycle or other motor-driven vehicle is not required in the following cases: (a) (b) (c) Operation upon a highway; A police officer, city agent or employee charged with administering this chapter; A person performing rescue or emergency work;
(d) A vehicle operated to gain access to a parking lot, open to the public, for the purpose of parking it and for removing it from the parking lot; (e) A vehicle operated on private property used for vehicle display, sales, service, repair, manufacture, distribution, warehousing, storage or dismantling (but not including racing, competition, exhibition of speed or demonstration of stunts or for entertainment unless otherwise permitted); (f) Operation by a property owner or his agent on his own property for non-recreational purposes. (Ord. 246 4, 1981: Ord. 244 1 (part), 1981) 8-1013 - Application for permit. A person who desires a permit to operate a motorcycle or other motor-driven vehicle on, over or across private or public property shall apply to the city manager for a permit to do so, the city manager may prescribe an application form or may require the applicant to file a written statement. In either case, the following information and material shall be submitted: (a) Consent to the use of the property for operation of the vehicle by the owner or person having control of the property and the authority to grant consent; (b) (c) (d) (e) (f) The name of the proposed permittee; A description of the property (address, assessor's parcel, or legal description); The types of vehicle to be operated; The length of time for which the consent is given (but not to exceed one year); The hours of operation (but limited to the hours of nine a.m. to six p.m.);
(g) The statement that consent is not valid unless the permittee has the permit in his possession during operation of vehicles on the property; (h) The statement that consent shall automatically expire upon the transfer of title by the owner or termination of authority of the person executing consent or termination of lease or tenancy of the tenant executing the consent; (i) The current name, address and telephone number of the owner, lessee or renter or agent possessing a recorded power of attorney executing the consent;
(j) The current name, address and telephone number of the owner (to be used for verification of ownership of the property); (k) Such other information as the city manager determines is necessary to pass upon the application. (Ord. 244 1 (part), 1981) 8-1014 - Application fee. An application shall be accompanied by a nonrefundable fee fixed by resolution of the city council. (Ord. 244 1 (part), 1981) 8-1015 - Procedure upon filing application. (a) When a complete and sufficient application is filed, the city manager shall verify the consent and determine whether or not the use will have a significant effect on the environment. (b) If the city manager determines that the use will not have a significant effect on the environment, he shall refer the application to the Contra Costa County fire protection district and to the chief of police for review to (1) determine whether either of the grounds for denial listed in subsections (c) and (d) of Section 8-1016 exists, and (2) whether any additional conditions to the issuance of the permit should be imposed. (Ord. 246 5, 1981; Ord. 244 1 (part), 1981) 8-1016 - Grounds for denial of permit. The city manager shall refuse to issue the permit if: (a) He determines that the use will have a significant effect on the environment;
(b) He determines that the operation of vehicles will be conducted less than 200 yards from an occupied dwelling, church, assembly hall, school, office, medical facility, recreation facility or other facility occupied or operated by human beings; or less than 200 yards from a barn, stable, other structure or pasture used for the keeping of animals; (c) The chief of the Contra Costa County fire protection district certifies that the proposed use will create the risk of fire hazard; (d) The chief of police determines that the proposed use is likely to create a safety hazard to residents in the area of the proposed use. The criteria used shall be: (1) Whether the foreseeable speeds which will be obtained will constitute a reasonable use of the land for the type of terrain involved, (2) Whether the contours which will be traversed will create a risk of harm to property or persons as a result of traversing the terrain, and (3) Whether the vehicle is in good repair and its condition is in compliance with the applicable laws.
(Ord. 246 6, 1981; Ord. 244 1 (part), 1981) 8-1017 - Issuance of permit. If the city manager finds that all of the terms and conditions necessary to the issuance of a permit are met he shall issue the permit. (Ord. 244 1 (part), 1981) 8-1018 - Contents of permit. A permit issued under this chapter shall contain the following information and statements: (a) The full correct name, address, telephone number, birthdate and physical description of the permittee; (b) (c) The hours of operation and the length of time of the permit, not to exceed one year; The description of the type of vehicle to be operated;
(d) The description of the property upon which the vehicle is to be operated (address, assessor's parcel or legal description); (e) The current name, address and telephone number of the owner and the lessee, renter or other person executing the consent; (f) A statement in bold print that the permit is not an expression by the city that the proposed operations can be done with safety to the permittee or to other persons or property, all of which risks are assumed by the permittee, the property owner, lessee and renter; (g) A statement in bold print that the permit is subject to this chapter and drawing attention to the conditions imposed upon the issuance of the permit. (Ord. 244 1 (part), 1981) 8-1019 - Duration and termination of permit. (a) The permit expires and is of no further effect upon expiration of the calendar year in which it is issued or upon expiration of such other and shorter time period specified for which the permit was issued. (b) The permit automatically expires upon the transfer of title by the owner or the termination of the lease or tenancy by the tenant executing the consent. (Ord. 244 1 (part), 1981) 8-1020 - Revocation or suspension. The city manager may revoke or suspend a permit upon the following grounds: (a) (b) The consent to the permittee has been withdrawn; The conditions of operation or of the land have resulted in previously unforeseen fire, safety
or environmental hazards; (c) The permittee has violated any term or condition of the permit or of any provision of state or local law. (Ord. 244 1 (part), 1981) 8-1021 - Appeal. (a) A person who is denied a permit or who is otherwise aggrieved by a determination, decision, requirement, order or action made or taken under this chapter may, upon payment of the appeal fee, appeal to the city council by filing with the city manager a written notice, stating the appellant's name, address and telephone number, the subject matter of the appeal and the specific reason for the appeal, within ten calendar days of the action taken. The city manager shall set the matter for a public hearing to be held within 30 days after the filing of the appeal. The city manager shall thereupon inform the appellant of the date, time and place of the hearing. The city council shall consider all relevant testimony, reports and studies of the city staff, the appellant and the public. The decision of the city council is final and conclusive. (b) The nonrefundable appeal fee shall be one-half of the application fee.
(Ord. 244 1 (part), 1981) 8-1022 - Conditions of exercise of permit. The exercise of a permit issued under this chapter is subject to the following conditions: (a) Operation of vehicles shall only be conducted between the hours of nine a.m. and six p.m.
(b) Operation of vehicles shall not be conducted within 200 yards of an occupied dwelling, church, assembly hall, school, office, medical facility, recreation facility or other facility occupied or operated by human beings; nor within 200 yards of a barn, stable, other structure or pasture used for the keeping of animals. (c) Operation of vehicles shall be confined to the property described in the permit.
(d) Operation of vehicles shall only be conducted during the hours and for the length of time stated in the permit. (e) The vehicle being operated must be of the type identified in the permit. The permit may include permission to operate more than one type of vehicle if so stated in the consent from the owner, lessee or renter. (f) The permittee shall at all times while operating vehicles under this chapter have in his possession a current and valid permit and shall present it upon request to a law enforcement officer, or agent or employee designated by the city manager to enforce this chapter, for verification of the right to operate vehicles on the property and of validity of the permit. (g) The vehicles operated by the permittee shall at all times be equipped with spark arrestors and muffler systems lawful in the state, in good operating condition, not of a model or size which will create unreasonable noise which will likely interfere with the reasonable enjoyment of neighboring properties, and, if adjustable, adjusted so as to minimize noise emissions and still
permit the vehicle to operate with reasonable effectiveness. (Ord. 246 78, 1981; Ord. 244 1 (part), 1981)
Article 3. - Miscellaneous Provisions and Penalties

8-1031 - Posting. 8-1032 - Repealed by Ordinance 246. 8-1033 - ViolationsPenalties.
8-1031 - Posting. The city manager may post signs at the entrances to the city and/or at the entrances to those properties upon which motorcycles and other motor-driven vehicles have been operated, or are likely to be operated, to the annoyance of citizens in the neighborhood. Such signs shall read: OPERATION OF MOTORCYCLES AND OFF-ROAD VEHICLES PROHIBITED WITHOUT PERMIT (SEC. 8-1011, L.M.C.) 8-1032 - Repealed by Ordinance 246. 8-1033 - ViolationsPenalties. A violation of this chapter is a misdemeanor and is punishable by a fine of not less than 25 dollars nor more than 500 dollars for a first offense, not less than 100 dollars nor more than 500 dollars for a second offense, and not less than 250 dollars nor more than 500 dollars for each subsequent offense, or imprisonment in the county jail for a period not exceeding six months, or both. Each day a violation is committed or permitted to continue is a separate offense and is punishable as such. (Ord. 244 1 (part), 1981)
Chapter 8-11 - HELICOPTERS

Sections:
8-1101 - Use prohibited. 8-1102 - Exceptions.
8-1101 - Use prohibited. Except as otherwise provided in Section 8-1102 of this chapter, it is unlawful for any person to land or launch a helicopter in the city. (Ord. 282 2 (part), 1982) 8-1102 - Exceptions. (a) Upon written application therefor, the landing and/or launching of a helicopter in the city in connection with (1) a special civic event, (2) the delivery of cumbersome or heavy apparatus onto the roof of a building, or (3) some other special situation for which no reasonable alternative to the use of a helicopter is available may be approved by the city manager. (b) Law enforcement, fire suppression and emergency medical authorities may land and launch helicopters in the city in the pursuit of their respective responsibilities. (Ord. 282 2 (part), 1982)
Chapter 8-13 - RECOVERY OF EXPENSE FOR RESPONSE TO LOUD OR UNRULY ASSEMBLAGE

Sections:
8-1301 - Intent. 8-1302 - Definitions. 8-1303 - Liability for city expense incurred in response to loud or unruly assemblage. 8-1304 - Charge against person liableMinors. 8-1305 - Limit on liability. 8-1306 - Evidence not admissible in criminal proceedings.
8-1301 - Intent. (a) In enacting this chapter, the city council intends to exercise the authority it has to recover the expense of responding to a loud or unruly assemblage (see Government Code Section 53158). This chapter is in addition to the authority granted by Government Code Sections 5315053158. (b) The city may elect to proceed under either enactment where both apply.
(Ord. 373 1 (part), 1988) 8-1302 - Definitions. In this chapter, unless the context otherwise requires: (a) "Expense of a police response" means the costs incurred by the city in responding directly to a loud or unruly assemblage. It includes the cost of providing police, firefighting, rescue and emergency medical services, together with the salaries of the responding police personnel, damages and clean up to city property and injuries to city personnel. (b) "Loud or unruly assemblage" means the presence of two or more persons who: (1) (2) Unlawfully fight; Maliciously or wilfully disturb another person by loud and unreasonable noise;
(3) Use offensive words in a public place which are inherently likely to provoke an immediate violent reaction; (4) Use force or violence, disturb the public peace or threaten to use force or violence accompanied by the ability to carry it out; (5) Assemble and act together to urge a riot or urge others to commit acts of force or violence; or (6) Assemble together to do an unlawful act or to do a lawful act in a violent, boisterous or tumultuous manner. (Ord. 373 1 (part), 1988) 8-1303 - Liability for city expense incurred in response to loud or unruly assemblage. A person who owns or is in control of premises on which a loud or unruly assemblage occurs or from which a loud or unruly assemblage emanates is liable for the expense of a police response. (Ord. 373 1 (part), 1988) 8-1304 - Charge against person liableMinors. (a) The expense of a police response is a charge against the person liable for the expense. If the person liable is a minor, the parents or guardian of the minor are liable. The charge is a debt and the city may collect the debt in the same manner as in the case of an obligation under an express or implied contract. (b) The debt bears interest at the rate of nine percent a year. Interest accrues from the due date stated on the billing. (Ord. 380 2, 1990: Ord. 373 1 (part), 1988) 8-1305 - Limit on liability. The liability under this chapter for the expense of a police response may not exceed 1,000 dollars.
(Ord. 373 1 (part), 1988) 8-1306 - Evidence not admissible in criminal proceedings. The testimony, admission or statement made by a person in a proceeding to collect the expense of a police response is not admissible in a criminal proceeding arising out of the same incident. (Ord. 373 1 (part), 1988)
Chapter 8-14 - MUNICIPAL SOLAR UTILITY

Sections:
8-1401 - Purpose. 8-1402 - Establishment of solar utility.
8-1401 - Purpose. (a) The purpose of this chapter is to grant authority to the city council to establish a municipal solar utility. (b) The welfare of the citizens of the city has been jeopardized in the past by shortages of natural gas, petroleum, propane and electric power. The shortage of available energy supplies is expected to continue unless measures are established to conserve available energy. It is declared to be the policy of the city council to encourage and promote the use of solar energy in order to prevent or reduce any adverse impact upon the economy and residents of the city due to the shortage of and/or high cost of energy in the future. (Ord. 286 1 (part), 1982) 8-1402 - Establishment of solar utility. The city council establishes itself as the city solar utility with authority to establish such rules, regulations and procedures as are necessary to implement the policies set forth in Section 8-1401. (Ord. 286 1 (part), 1982)
Chapter 8-15 - SWIMMING POOL FENCING

Sections:
8-1501 - Adoption by reference of County Ordinance Code Chapter 718-4.
8-1502 - Reference to officials and offices. 8-1503 - Penalty.
8-1501 - Adoption by reference of County Ordinance Code Chapter 718-4. Contra Costa County Ordinance Code Chapter 718-4, Swimming Pool Fencing and Alternative Safety Provisions, is adopted by reference under the authority of Sections 50020 through 50022.9 of the Government Code of the State of California. This chapter regulates swimming pool fencing and provides alternative safety provisions. (Ord. 325 1, 1984) 8-1502 - Reference to officials and offices. In the Ordinance Code of Contra Costa County as adopted by reference, the reference in that code to an office, official title, or other designation means the corresponding office, title or designation in the governmental structure of the city, or if there is none, the official or title holder in the city who performs the function or duty referred to. (Ord. 325 2, 1990) 8-1503 - Penalty. (a) A violation of this chapter is an infraction punishable by (1) a fine not exceeding 50 dollars for a first violation; (2) a fine not exceeding 100 dollars for a second violation; and (3) a fine not exceeding 250 dollars for each additional violation of the same provision within one year. (b) A violation of this chapter constitutes a public nuisance. In addition to any other remedies provided in this chapter, the city may summarily abate and bring suit to enjoin or abate the nuisance. (Ord. 325 3, 1984)
Chapter 8-16 - ANIMALS

Sections:
8-1601 - Adoption by reference of county's animal control code. 8-1602 - Request for enforcement in the city. 8-1603 - Enforcement.
8-1601 - Adoption by reference of county's animal control code. The board of supervisors of the Contra Costa County has adopted Ordinances 80-97, 83-10, 85-23, 87-74, 2005-24, 2005-25, and 2006-05 regarding animal control. These ordinances are codified in County Ordinance Code Division 416, including Chapters 416-2 through 416-12.4. Certified copies of Division 416 are on file with the city clerk, where they are open to public inspection as required by
Government Code Section 50022.3. This animal control code (Division 416) is hereby referred to and adopted by this reference, under Government Code Section 50022.2. (Ord. 561 2, 2006: Ord. 365 1 (part), 1988) 8-1602 - Request for enforcement in the city. County Ordinance Code Division 416, referred to and adopted in Section 8-1601, contains requirements referred to in the California Food and Agricultural Code, Section 30501. This chapter constitutes the city's request that Division 416 of the County Ordinance Code be applicable within the city. (Ord. 365 2, 1988) 8-1603 - Enforcement. The penalty clauses of the Contra Costa County code Division 416, set forth in this section are expressly adopted under Government Code Section 50022.4: 416-4.604 Penalties. (a) Notwithstanding Section 14-8.004, and pursuant to Food and Agriculture Code Section 31401, violations of Division 416 of this code, excepting Chapter 416-10 and Article 416-12.2, are punishable by fine of not more than fifty dollars for the first offense, and not more than one hundred dollars for the second or subsequent offense. (b) Notwithstanding subsection (a) above, violation of Section 416-4.404 Abandonment, excluding abandonments under Section 416-8.014, is a misdemeanor and punishable as such. 416-10.012 Violation. Violation of this Chapter, except for the provisions of Section 416-10.010(b), is a misdemeanor. Violation of Section 416-10.010(b) is subject to Article 416-4.6 of this Division. (Ord. 480 1, 1997: Ord. 365 3 (part), 1988)
Chapter 8-17 - DRAINAGE IMPACT FEE [8]

(8) Editor's note Ord. No. 584, 13, adopted May 26, 2009, deleted the former Ch. 8-17, 8-17018-1707, and enacted a new Ch. 8-17 as set out herein. The former Ch. 8-17 pertained to drainage study fee and derived from Ord. 335 1 (part), 1985.
Sections:
8-1701 - Findings. 8-1702 - Definitions. 8-1703 - Fee imposedAmount. Lafayette, California, Code of Ordinances Page 67 of 92
8-1704 - Time of payment. 8-1705 - Exemptions. 8-1706 - Creation of fund; fund administration and disposition of proceeds. 8-1707 - Refund. 8-1708 - Refunds of uncommitted drainage impact fees. 8-1709 - Supplemental regulations. 8-1710 - Standards and formula for calculation. 8-1711 - Administration fee.
8-1701 - Findings. Pursuant to California Government Code 66000 et seq., the city council hereby finds and determines as follows with respect to the revised drainage impact fees: (a) The above recitals are true and correct and adopted by the city council as if its own; and
(b) The drainage impact fee report, drainage master plan, and storm drain priority report satisfy the requirements of Government Code 66001, because they: (1) Identify the purpose of the revised drainage impact fee;
(2) Identify the use to which the revised drainage impact fee will be put and the facilities for which the fee is charged; (3) Identify how the need for the revised drainage impact fee and the fee's use bear a reasonable relationship to the type of development project on which the fee is imposed; and (4) Demonstrate that there is a reasonable relationship between the amount of the revised drainage impact fee imposed on new development and the cost of drainage facilities attributable to new development. (Ord. No. 584, 2, 5-26-2009) 8-1702 - Definitions. In this chapter, unless the context otherwise requires: (a) "Drainage system" means and includes watershed areas and improved and unimproved drainageways in the city. The term "drainage system" is broadly based and may include areas and facilities which are private or under the jurisdiction of the Contra Costa County flood control district for which the city is not legally responsible. (b) "Drainage system study" means a survey and mapping of the existing drainage system, development of a master drainage plan and an evaluation of: the present capacity of the system; the state of repair of improvements; the capacity and facilities needed to accommodate drainage in the future; and the potential impact of new development on erosion. A study may be done in phases. (c) "Drainage program costs" means and includes the total cost of infrastructure facilities that the city anticipates would be needed to meet the needs of existing and future users as identified in the city's most current storm drain priority report and estimated future costs not yet contemplated by the storm drain priority report, including additional infrastructure and annual inspections.
(d) "New development" means and includes construction of or an addition to a residential or commercial structure or facility, including a driveway, parking area, sports court or swimming pool, or any other construction which may affect the area of impervious surface of the land. (Ord. No. 584, 3, 5-26-2009) 8-1703 - Fee imposedAmount. A person who applies for a permit for new development shall pay to the city a drainage impact fee based upon the proposed increase in impervious surface of the new development in an amount established by resolution of the city council. (Ord. No. 584, 3, 5-26-2009) 8-1704 - Time of payment. The drainage impact fee shall be paid to the city before a person may begin new development. If the new development requires a building permit or grading permit, the drainage fee shall be paid before issuance of the permit. Neither a Contra Costa County nor a city official may issue a building or grading permit until the required fee is paid. (Ord. No. 584, 3, 5-26-2009) 8-1705 - Exemptions. The drainage impact fee is not required if the proposed new development: (a) Is to replace a structure if the proposed structure has the same as or less impervious surface than the original structure; (b) Is located within Contra Costa County Flood Control District drainage area 15 or proposed drainage areas 46 or 67; (c) Involves an increase of impervious surface of less than 100 square feet; or
(d) Rebuilds a dwelling unit damaged or destroyed by act of God, fire or other natural disaster, if the permit to rebuild is applied for by the owner within one year of the damage or destruction caused by the natural disaster. If the impervious surface area of the new unit exceeds that of the unit destroyed or damaged, then the owner shall pay the fee as if the increased area were an addition. (e) This chapter does not apply to commercial or industrial subdivisions; nor does it apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing apartment building if that building is more than five years old and no new dwelling units are added. (Ord. No. 584, 3, 5-26-2009) 8-1706 - Creation of fund; fund administration and disposition of proceeds. (a) There is created a fund entitled "drainage impact fund." The proceeds from the drainage impact fee and interest collected under this chapter shall be paid only into this fund and shall be accounted for by the city manager until committed by the city.
(b) The drainage impact fund shall be used only for the purpose of defraying the cost of improving currently-existing drainage facilities and infrastructure and designing and constructing future drainage facilities and infrastructure pursuant to the most current drainage master plan and storm drain priority report, as a result of the demand on the system created by new development, and studies related to the same. (b) The city may advance money from its general fund to pay the cost of drainage system maintenance and expansion necessitated by new development and reimburse the general fund for such advances from the drainage impact fund. (Ord. No. 584, 3, 5-26-2009) 8-1707 - Refund. The fee paid under this chapter shall be refunded on application of the fee payer if the payer shows to the satisfaction of the planning director that the new development did not occur and that the building permit is canceled, surrendered or expired. (Ord. No. 584, 3, 5-26-2009) 8-1708 - Refunds of uncommitted drainage impact fees. (a) Drainage impact fees collected under this chapter 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 a subdivision, whichever occurs later. If such fees are not committed, such uncommitted funds shall be distributed among 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. For the purpose of this chapter, "committed" means that the fees have been encumbered by contract, conveyed, paid or allocated through the city council's adoption of a budget, for an identified drainage project or activity within the scope of Section 8-1706 (b) Except when administrative costs of refunding the unexpended revenues exceed the amount to be refunded, when sufficient funds have been collected as provided for in the Mitigation Fee Act, Section 66006(b)(1)(F) of the Government Code, to complete financing on incomplete city drainage facilities and the drainage facilities remain incomplete, the city shall identify, within 180 days of the determination that sufficient funds have been collected, an approximate date by which the acquisition and installation of the drainage facilities will be commenced, or shall refund to the then current record owner or owners of the lots or units, as identified on the last equalized assessment roll, of the development project or projects on a prorated basis, the unexpended portion of the drainage impact fee, and any interest accrued thereon. (Ord. No. 584, 3, 5-26-2009) 8-1709 - Supplemental regulations. The city council shall adopt regulations to establish fees, administration, procedures, implementation, interpretation and policy considered necessary or desirable to carry out this chapter by resolution. (Ord. No. 584, 3, 5-26-2009)
8-1710 - Standards and formula for calculation. The standards and formula for setting the drainage impact fee shall be set forth by resolution. (Ord. No. 584, 3, 5-26-2009) 8-1711 - Administration fee. An administration fee shall be charged to cover the costs associated with administering the drainage impact fee program. The administration fee shall be paid in conjunction, and at the same time, with the payment of fees as provided in this chapter. This administration fee shall be established by resolution of the city council. (Ord. No. 584, 3, 5-26-2009)
Chapter 8-18 - TRANSPORTATION SYSTEMS MANAGEMENT

Sections:
8-1801 - Findings. 8-1802 - Purposes, goals and objectives for implementing transportation systems management (TSM).
8-1801 - Findings. (a) Transportation systems management (TSM) has the potential to reduce vehicle trips and vehicle emissions more efficiently and cost effectively than major roadway improvements. (b) For many years before the passage of Measure C, local jurisdictions developed and implemented a variety of TSM projects and programs, e.g., operation of transit systems, construction of bicycle facilities, land use policy coordination and related improvements. (c) Since 1992, the authority has committed both Measure C and Transportation Fund for Clean Air (TFCA) funds to four subarea programs for implementation of Measure C and clean air plan goals. (d) In compliance with the requirements of the TSM ordinance codified in this chapter, large employers are required to develop and implement trip reduction programs at work sites. (e) The countywide comprehensive transportation plan incorporates each regional committee's action plan for routes of regional significance which support specific TSM/TDM goals and objectives. (f) Over the past four years, the subarea TSM programs have been successful in reducing vehicle trips and emissions at the employment sites specified in the TSM ordinance codified in this chapter, as well as in school and residential areas where programs have been implemented. (g) Since the adoption of the TSM ordinance codified in this chapter, TSM efforts have been
expanded to include aspects of the transportation system other than employer programs, e.g., enhancement of transit and bicycle facilities, incorporation of new technologies into the system, land use policy coordination and related enhancements. (h) In adopting Sections 8-1801 and 8-1802 and repealing former Sections 8-18038-1841, the council acknowledges that cooperation and coordination with other local jurisdiction and regions in TSM has the potential to enhance the efficiency and cost-effectiveness of its efforts; accordingly, the council directs staff to take steps to implement TSM in accordance with the policies, goals, and objectives set forth in Section 8-1802 (Ord. 473 1 (part), 1997: Ord. 430 1 (part), 1994) 8-1802 - Purposes, goals and objectives for implementing transportation systems management (TSM). (a) In light of the elimination of mandatory employer-based trip reduction requirements, the following purposes, goals and objective are adopted in order to assist staff in continuing the implementation of the TSM ordinance codified in this chapter and programs: (1) To promote maximum efficiency in the existing transportation system to and further the transportation goals of the Measure C growth management programs, Contra Costa's congestion management program and the Bay Area clean air plan by: (A) Promoting and encouraging the use of transit, ridesharing, bicycling, walking, flexible work hours and telecommuting as alternatives to solo driving, (B) Incorporating these goals and objectives into the land use review and planning process, (C) Developing proactive programs and projects either alone or in conjunction with other jurisdictions, or with the city's regional transportation planning committee, aimed at achieving these goals, (D) Considering the incorporation of appropriate technology designed to facilitate traffic flow, provide transit and highway information, provide trip generation alternatives and related technology into the transportation system, (E) Cooperating with other jurisdictions, the private sector, and transit operators in planning and implementing transportation programs; (2) To reflect ongoing commitment to expand TSM efforts beyond employer-based trip reduction programs, in order to achieve traffic congestion management and air quality goals; (3) To comply with applicable state and federal laws, as well as with Measure C growth management programs requirements, pertaining to TSM. (b) The goal of the TSM ordinance codified in this chapter is to ensure the continuation of a proactive TSM program effort aimed at reducing vehicle trips, vehicle emissions and traffic congestion in the most efficient and cost effective manner. (c) The objective of this section is to establish the following policies: (1) To participate, in conjunction with other jurisdictions and their regional transportation
planning committees, in a proactive effort to support and develop projects that will achieve the Measure C TSM/TDM goals as described in the regional transportation planning committee's action plan, the countywide comprehensive transportation plan, the Measure C strategic plan, the congestion management plan and the Bay Area clean air plan; (2) Such participation may include, but need not be limited to: (A) Promotion and encouragement of the use of transit, ridesharing, bicycling, walking, flexible work hours, telecommuting, or other alternatives to solo driving, and (B) Projects incorporating appropriate technology designed to facilitate traffic flow, provide transit and highway information and related technology; (3) To incorporate these goals into land use review and planning process.
(Ord. 473 1 (part), 1997: Ord. 430 1 (part), 1994)
Chapter 8-19 - REGULATION OF NEWSRACKS

Sections
Article 1. - General Provisions Article 2. - Permit Procedure and Administration Article 3. - General Requirements Regarding Newsracks Article 4. - Prohibitions and Enforcement

8-1901 - Purpose and findings. 8-1902 - Definitions. 8-1903 - Newsrack advisory committee. 8-1904 - Fees.
8-1901 - Purpose and findings. (a) The city council finds that the uncontrolled placement and maintenance of moveable, individual, freestanding newsracks upon public rights-of-way poses hazards to the traveling public, interferes with the property rights of adjacent owners and with other legitimate users of the right-of-way, causes visual blight and detracts from the aesthetics of adjacent users, and results in an unnecessary degree of exposure of the city to liability claims. (b) The public health, safety, welfare and convenience require that: interference with vehicular, bicycle, wheelchair or pedestrian traffic be avoided; obstruction of sight distance and views of traffic
signs and street-crossing pedestrians be eliminated; damage done to sidewalks or streets be minimized and repaired; the good appearance of the public streets and grounds be maintained; trees and other landscaping be allowed to grow without disturbance; access to emergency and other public facilities be maintained; and ingress and egress from properties adjoining the public rights-of-way be protected. (c) There is a substantial governmental interest in promoting the public health, safety, welfare and convenience by ensuring that persons may reasonably use the public streets, sidewalks, rights-of-way and other public property without interference. The need for specific standards for placement of newsracks on public rights-of-way is the greatest in the downtown area due to the frequency of pedestrian and vehicular traffic and the number of newsracks located in this area. (d) Given the limited space available, the city has a substantial interest in devising a systematic approach to newsrack placement to ensure a fair and equitable distribution of news publications. This objective may be achieved by allowing modular newsracks and prohibiting freestanding newsracks in congested areas or areas with particular public safety, aesthetic or historical concerns, and where the use of modular newsracks will promote the city's aesthetic interest in the appearance of the area, result in more news publications in less space and thereby reduce congestion. (e) The regulation of newsracks provides the least intrusive and least burdensome means for ensuring that the purposes of this chapter are carried out while still providing ample opportunities for the distribution of news to the citizens. (f) A reasonable accommodation of these competing interests is achieved by adoption of this chapter. (Ord. 481 1 (part), 1997) 8-1902 - Definitions. In this chapter, unless the context otherwise requires: (1) "Abandoned newsrack" means a newsrack which remains empty or contains outdated material for 15 days; however, a newsrack remaining empty or containing outdated material due to labor strike or temporary and extraordinary interruption of distribution or publication by the newspaper or other publication sold or distributed from that newsrack is not considered abandoned. (2) "Director" means the community development director or the director's designee.
(3) "Downtown newsrack district" is the area defined on the map attached to and made a part of this chapter by reference. (4) "Engineering services manager" means the person designated by the director to issue an encroachment permit under this chapter. (5) "Freestanding newsrack" means a newsrack which is not a modular newsrack.
(6) "Modular newsrack" means an assembly of a type, design or model which conforms with the newsrack specifications, is approved by the director, contains two (2) or more newsracks, and is attached to the sidewalk, street or public right-of-way in accordance with this chapter. (7) "Newsrack" means a self-service or coin operated box, container, storage unit or other
dispenser (referred to as a compartment) used for the display and sale or distribution of a newspaper, news periodical or nonnewspaper publication. (8) "Newsrack specifications" means the regulations, established by city council resolution, which contain permit procedures, design specifications and newsrack standards for design, maintenance and display, and other matters pertaining to the administration of this chapter. (9) "Planter strip" means the area, whether planted or not, between the sidewalk and the curb of a street. Where the sidewalk is adjacent to the curb, it means the area between the sidewalk and the property line. Where there is no sidewalk, it means the area between the edge of the roadway and the property line adjacent to it, whether planted or not. (10) "Public right-of-way" means land which by conveyance, agreement, dedication, usage, or process of law is reserved and dedicated to the general public for street, highway, alley, public utility, or pedestrian walkway purposes, whether or not the land is accepted for maintenance by the city. Public right-of-way includes, but is not limited to, street, roadway, planter strip and sidewalk. (11) "Sidewalk" means that portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding planter strips. (Ord. 481 1 (part), 1997) 8-1903 - Newsrack advisory committee. The city council shall establish a newsrack advisory committee comprised of newspaper and news periodical representatives, their designated distributors, representatives from downtown businesses and other interested parties to assist the director in the implementation and administration of this chapter, with particular attention to ongoing maintenance of the newsracks, and to minimize the cost to the city of the implementation and administration of this chapter. (Ord. 481 1 (part), 1997) 8-1904 - Fees. The city council may adopt, by resolution, a newsrack permit fee schedule fixing fees for new and replacement newsracks, impound fees, and other fees necessary for the implementation of this chapter. (Ord. 481 1 (part), 1997)
Article 2. - Permit Procedure and Administration

8-1911 - Permit required. 8-1912 - Newsrack specifications govern application procedure and newsrack standards and placement.* 8-1913 - Review and issuance.
8-1911 - Permit required. No person may place, install or maintain a newsrack upon or projecting into a public right-of-way without a permit. (Ord. 481 1 (part), 1997) 8-1912 - Newsrack specifications govern application procedure and newsrack standards and placement.* The city council shall adopt specifications governing the form and content of an application for a permit and the standards for style, color, design, dimension, placement and maintenance of a newsrack. (Ord. 481 1 (part), 1997)
* Editor's Note: Newsrack specifications are adopted by Resolution No. 67-97.
8-1913 - Review and issuance. (a) Each application shall be accompanied by a permit fee if a fee is fixed by resolution of the city council. (b) The director shall review each application for a permit.
(c) The director may not consider the content or viewpoint of the material to be distributed through a newsrack in administering or enforcing this chapter except as otherwise authorized in this chapter or state or federal law. (d) The director shall require the applicant to show that the applicant provided notice to property owners and businesses immediately adjacent to the requested location of the application to place a newsrack unless consent is given to the placement or unless notice is waived. The applicant shall give the notice at least ten days before the director may act upon the application. (e) The director shall act upon each application, either approving it, approving it with conditions or disapproving it within ten days after the date the application is complete and the applicant has given the notice prescribed in subsection (d) of this section. (f) A newsrack permit is nontransferable. The permit, other than a temporary permit, is automatically renewed annually on each anniversary date unless the director sends a notice of nonrenewal before the expiration date. Each permit shall incorporate as a condition to the placement, installation, maintenance and use of a newsrack, the requirements that the permittee comply with this chapter and the newsrack specifications. (g) If the director denies the application, the director shall notify the applicant promptly, explaining the reason for denial. The applicant has ten days within which to appeal the decision to the city council in accordance with Section 8-1937 (Ord. 481 1 (part), 1997)
Article 3. - General Requirements Regarding Newsracks

8-1921 - Type, number and grouping of newsracks. 8-1922 - Allocation. 8-1923 - Newsrack identification. 8-1924 - Liability insurance. 8-1925 - Indemnification. 8-1926 - Maintenance.
8-1921 - Type, number and grouping of newsracks. (a) Downtown Newsrack Area. (1) Type. Only a modular newsrack is permitted in the downtown newsrack area. Each modular newsrack shall have not less than two nor more than six compartments. However, the city may issue a permit for a temporary, freestanding, single-unit newsrack as provided in subsection (a) (3) of this section. (2) Number and Location. Not more than two modular units are permitted in one block on the same side of the street. If two modular units are located at a newsrack site, they must be separated by a distance of at least five feet from each other. (3) Temporary Newsracks. The director may issue a permit for a freestanding, single-unit newsrack for a period of 90 days to permit an applicant to determine its suitability as a long term newsrack location. The number of permits and the grouping of freestanding, single-unit newsracks is governed by the following provisions: (A) If a modular unit exists at the proposed location and has an empty compartment, a temporary permit may not be issued. (B) The number of temporary permits that the director may issue for a location is determined by the maximum number of modular compartments allowable at that location, reduced by the number of modular compartments actually existing at the site. [9]
* Editor's Note: Example: The maximum number of modular compartments permitted at a location is 12 (two modular units with six compartments each). If one modular unit with four compartments is located at a site, up to eight temporary permits may be issued.
(9)
(C) At least 15 days before placing a temporary newsrack, an application shall be submitted, including notice of the location and the date upon which the 90 day trial period will begin. (D) Within ten business days after expiration of the 90-day trial period, the person maintaining the newsrack shall either have it removed or submit a written request to the director for a permit for a permanent newsrack location. (b) Areas Outside the Downtown Newsrack Area. (1) Type. Either a modular newsrack or a stand-alone, freestanding, single-unit newsrack, or both, are permitted in an area outside the downtown newsrack area.
(2) Number and Location. The number and location of modular newsracks is governed by subsection (a) (2) of this section. The number and location of permanent, stand-alone, freestanding, single-unit newsracks permitted in an area outside the downtown newsrack area is governed by the following provisions: (A) The location for a freestanding newsrack is limited to a single site in a block on either or both sides of the street. (B) If a modular newsrack does not exist at the proposed site, or if one exists but already has six compartments, the director may issue a permit for up to three freestanding, single-unit newsracks for that site. (3) Temporary Newsracks. Temporary newsracks outside the downtown newsrack area are governed by subsection (a)(3) of this section. (Ord. 477 1 (part), 1997) 8-1922 - Allocation. If sufficient space does not exist to accommodate all newsracks sought to be placed at one location, the director shall give location priority, on a first come first served basis, to publications as follows: (a) First priority shall be given to publications that are published at least one (1) day a week.
(b) Second priority shall be given to publications published less than once per week but more than once per month. (c) Third priority shall be given to monthly or less frequent publications.
(Ord. 481 1 (part), 1997) 8-1923 - Newsrack identification. The permittee shall permanently display upon each newsrack the permittee's name, street address, telephone number, fax number and instructions on how to receive a refund in the event of coin return malfunction. (Ord. 481 1 (part), 1997) 8-1924 - Liability insurance. Before the city may issue a newsrack permit, an applicant shall furnish the city a certificate showing that the applicant has then in force public liability and property damage insurance naming the city as an additional insured in an amount not less than $1,000,000.00) per person and per occurrence, combined single limit. The permittee shall keep the insurance in force during all times it maintains a newsrack under the permit. The certificate of insurance filed with the city shall include a statement by the insurance carrier that 30 days notice will be given to the city before cancellation. (Ord. 481 1 (part), 1997) 8-1925 - Indemnification. Every person operating or maintaining a newsrack upon or within the public right-of-way shall agree to
indemnify and hold harmless the city, its officers and employees from any loss, liability, damage or cost sustained by a person or property, to the extent the loss, liability, damage or cost arises from the installation, operation or use of the newsrack. The obligation to indemnify and hold harmless the city, its officers and employees shall not extend to loss, liability, damage or cost resulting from the act, failure to act, or property of another. (Ord. 481 1 (part), 1997) 8-1926 - Maintenance. (a) Each newsrack shall be maintained in a neat, graffiti free, clean condition and in good repair at all times and shall be painted on a regular basis. (b) A newsrack that is damaged or defective shall be replaced or repaired as soon as is practical or upon notice from the director. If the owner wishes to abandon the location, the owner shall promptly remove the newsrack. The owner shall repair all damage to the sidewalk or modular newsrack resulting from placement and removal of a newsrack. When a newsrack is abandoned, it shall be removed and the location restored to its previous condition, normal wear and tear excepted. A newsrack is considered abandoned when it meets the definition of abandoned newsrack in Section 8-1902(1). (c) A newsrack abandoned or removed for violation of this chapter and impounded may not be restored to the owner or person entitled to possession until the city's reasonable cost of removal and storage of the newsrack is paid to the city. However, if after a hearing before the director, the director determines that the newsrack was improperly removed by the city, there is no charge for restoration of the newsrack. (d) A newsrack may not be used for advertising or publicity purposes other than the one concerned with display, sale or distribution of the publication distributed from it. (Ord. 481 1 (part), 1997)
Article 4. - Prohibitions and Enforcement

8-1931 - Display of material harmful to minors. 8-1932 - Unlawful obstructions. 8-1933 - Nonconforming newsracks. 8-1934 - Removal of newsracks in violation of chapter. 8-1935 - Notice before removal. 8-1936 - Hearing procedure. 8-1937 - Appeal. 8-1938 - Disposition of removed newsracks. 8-1939 - Costs of removal.
8-1931 - Display of material harmful to minors. No person may display or exhibit in a public newsrack or other display device any material which is
defined by Penal Code Section 313(a) as harmful to minors unless the material is displayed in an area from which minors are excluded or is covered by a device commonly known as a "blinder rack," so that the lower two-thirds of the material is not exposed to view. (Ord. 481 1 (part), 1997) 8-1932 - Unlawful obstructions. Placement standards for all newsracks are governed by Section 4.1 of the newsrack specifications. A newsrack placed in violation of the specifications is an unlawful obstruction and is subject to removal as provided in Sections 8-1934 through 8-1939. (Ord. 481 1 (part), 1998) 8-1933 - Nonconforming newsracks. (a) The owner of a newsrack which does not conform to this chapter but which lawfully existed and was maintained before December 24, 1997, shall remove it or conform to this chapter within 180 days of December 24, 1997. (b) A newsrack not brought into compliance as provided in subsection (a) of this section is in violation of this chapter. (Ord. 481 1 (part), 1997) 8-1934 - Removal of newsracks in violation of chapter. The city may remove, retain and dispose of a newsrack installed, maintained or abandoned in violation of this chapter or in violation of the newsrack specifications, in accordance with Sections 8-1935 through 8-1939. (Ord. 481 1 (part), 1997) 8-1935 - Notice before removal. (a) Before the city may remove a newsrack, it shall give the permittee notice to either remedy the violation or request a hearing before the director. Written notice shall be sent to the address stated on the newsrack permit or on the newsrack. The city may attach an additional copy of the notice to the newsrack. Notice attached to the newsrack is sufficient when no identification is shown on the newsrack and no permit for the newsrack exists. (b) The notice shall give the permittee ten days from the date of mailing or the date of attachment to remedy the violation or request a hearing before the director. (c) Notwithstanding subsection (a) of this section, a notice before removal is not required where the newsrack poses an immediate danger to pedestrians or vehicles. However, the city shall mail notice to the permittee within five days after removal that the newsrack has been removed and stating that the permittee may contest the removal. (Ord. 481 1 (part), 1997)
8-1936 - Hearing procedure. A person notified under Section 8-1935 may request a hearing before the director by making a written request within ten days after notice of removal is mailed. The hearing shall be informal, but oral and written evidence may be given by both sides. Action by the city with respect to the alleged violation shall be stayed pending the director's decision following the hearing. The director shall give written notice of the decision within ten days of the conclusion of the hearing. (Ord. 481 1 (part), 1997) 8-1937 - Appeal. A permittee or applicant for a permit aggrieved by a decision of the director may appeal that decision to the city council by filing a written notice within ten days of the decision. On appeal, the city council may reverse, affirm or modify the director's decision. The city council shall make its decision in writing within ten days of the conclusion of the appeal hearing. The decision of the city council is final. (Ord. 481 1 (part), 1997) 8-1938 - Disposition of removed newsracks. (a) A newsrack that is removed pursuant to this chapter may be disposed of after removal if the responsible party does not, within 30 days, claim the newsrack and pay the fee established for the cost of removal. (b) The city shall hold money it finds in a newsrack which is destroyed or otherwise disposed of under this section for a period of one year and then dispose of it under the law governing abandoned property. (Ord. 481 1 (part), 1997) 8-1939 - Costs of removal. The cost to the city for removal of a newsrack is a debt to the city and is the obligation of the permittee and the owner of the newsrack. The amount due accrues interest at the rate of ten percent annually from the date the city incurs the cost. (Ord. 481 1 (part), 1997)
Chapter 8-20 - MAINTENANCE RESPONSIBILITY FOR DRIVEWAY CULVERTS

Sections:
8-2001 - Duty to maintain driveway culverts. 8-2002 - Owner or persons in possession responsible for compliance. 8-2003 - Standard of care. 8-2004 - Violation a public nuisance. Lafayette, California, Code of Ordinances Page 81 of 92
8-2001 - Duty to maintain driveway culverts. The owners of a parcel of real property which has access to a public right-of-way over an area having a driveway culvert is responsible for the maintenance and repair of the driveway culvert. (Ord. 495 1 (part), 1998) 8-2002 - Owner or persons in possession responsible for compliance. If the owner of a parcel of real property described in Section 8-2001 is not the person in possession, the person in possession of the real property is jointly and severally liable for complying with the responsibilities and the duties imposed by this chapter. (Ord. 495 1 (part), 1998) 8-2003 - Standard of care. A person responsible for the maintenance and repair of a driveway culvert under this chapter is under a duty to members of the public, to the city and to adjacent properties to maintain the driveway culvert in a hydraulically adequate condition, which meets the standards established by the city engineer. In making an alteration to an area within which a driveway culvert is located, the person responsible must use ordinary care in making the alteration and in keeping the altered portion in a reasonably safe condition. Work in the public right-of-way requires an encroachment permit. The failure of a person to fulfill a duty imposed by this section is negligent and is liable to a person injured or for damages to property as a result of that negligence. (Ord. 495 1 (part), 1998) 8-2004 - Violation a public nuisance. A violation of Section 8-2001 or 8-2003 is a public nuisance. A person who maintains, permits or allows the condition of a driveway culvert to exist contrary to the conditions described in Section 8-2001 or 8-2003 is subject to Penal Code Section 373a, Civil Code Section 3494, Code of Civil Procedure Section 731, Government Code Section 38773 and Sections 1-701 through 1-713 in this code. (Ord. 495 1 (part), 1998)
Chapter 8-21 - CODE ENFORCEMENT [10]

(10) Editor's note Ord. No. 591, 1, adopted Sept. 28, 2009, deleted the former Ch. 8-21, 8-21018-2118, and enacted a new Ch. 8-21 as set out herein. The former Ch. 8-21 pertained to code enforcement and derived from Ord. 560 8 (part), 2006.
Sections:
8-2101 - Findings and determination. 8-2102 - Definitions. 8-2103 - Other chapters of this municipal code. 8-2104 - Permit violations. 8-2105 - Property violations. 8-2106 - Declaration of public nuisance. 8-2107 - Responsibility for conformance to codes and permits. 8-2108 - Violation. 8-2109 - Summary abatement to protect health, safety and welfare. 8-2110 - Appeals. 8-2111 - Abatement by code enforcement officer. 8-2112 - Administrative penalties, administrative costs and abatement costs. 8-2113 - Recovery of administrative penalties, administrative costs and abatement costs. 8-2114 - Abatement on recurrence. 8-2115 - Additional violations.
8-2101 - Findings and determination. The city council finds and determines as follows: (a) Sections 8-2101 through 8-2115, inclusive, shall be known as the code enforcement ordinance. (b) The purpose and intent of this chapter is to: (1) Enhance and maintain the appearance of real property, both improved and unimproved, and by doing so, enhance and maintain the livability, appearance and economic well-being of the community; (2) Ensure that property improvements and land uses permitted by the city pursuant to Title 6 are maintained in compliance with such permits; (3) Utilize the sanctions and penalties of this chapter only after all reasonable efforts at resolution by educational and cooperative means have been exhausted, it being recognized that voluntary compliance is preferred over all other remedies; and (4) Recover city costs for the abatement of violations.
(c) As described in this chapter, the use and abuse of real properties, whether improved or unimproved reasonably relate to the proper exercise of police power of the city to protect the health, safety and general welfare of the community. (d) The abatement of continued violations impacts city resources, requires resources over and above the level of enforcement services normally provided, and constitutes a public nuisance the costs of which should be paid by the responsible property owners. (e) This chapter is enacted under the authority of California Government Code 36901 and 53069.4. (f) The procedures set forth in this chapter for abatement, liens and special assessments are adopted under Government Code 38773.5.
(g) The procedures set forth in this chapter are not exclusive and are in addition to the procedure for abatement which is conferred upon the city by Civil Code 3494, Code of Civil Procedure Section 731, Government Code Section 38773 or other lawful authority. (h) Each person who violates a provision of this chapter is guilty of a misdemeanor and shall be punished as provided in Section 1-302 of this code, unless, in the city's discretion, the violation is charged as an infraction or enforced through the administrative citation procedure set forth in Chapter 1-9 of this code. The penalties provided for an infraction in Section 1-302 of this code or an administrative citation in Chapter 1-9 of this code are in addition to provisions of this code that provide for forfeiture of the permit. (i) Use of this chapter is at the sole discretion of the city.
(Ord. No. 591, 1, 9-28-2009) 8-2102 - Definitions. (a) "Adjoining property" means a property which shares a common boundary with a subject property or a property that is directly across a public or private street or road from a subject property. (b) "Code enforcement appeals board" or "board" shall mean the code enforcement appeals board as described in Chapter 2-10 (c) "Code enforcement officer" or "officer" shall mean the city employee or employees designated by the city manager to implement the provisions of this chapter. (d) "Days" shall mean calendar days. In the event the last day of the specified time period falls on a Saturday, Sunday or federal holiday observed by the city, then the last day of the specified time period shall be the next business day. (e) "Owner" shall mean the owner or owners of record of real property as shown on the latest county equalized assessment roll; the lessee, tenant or other person having control or possession of the property; the mortgagee under a recorded deed of trust; and any other person having a recorded beneficial or legal interest. (f) "Public view" means the view from a public or private street or road which serves more than one property or from a public walkway or trail. (g) "Screened" means shielded, concealed and substantially hidden from public view or adjoining property, at an elevation at least six feet above ground level, by a fence, wall, lattice, hedge, berm, or similar structure, architectural or landscape feature, or combination thereof, as deemed appropriate by the planning services manager. (h) "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, street, road, avenue, lane, alley, court, place, square, curb or other similar surface improved, designed or ordinarily used for vehicular traffic, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Ord. No. 591, 1, 9-28-2009)
8-2103 - Other chapters of this municipal code. Other chapters of this municipal code are subject to enforcement pursuant to the provisions of this chapter. (Ord. No. 591, 1, 9-28-2009) 8-2104 - Permit violations. (a) All property improvements and other changes and land uses permitted under Title 6 of this code shall be maintained in accordance with those permits along with approved plans and conditions of approval. (b) It is unlawful for any property owner to maintain his or her property in any manner that violates any condition of approval or other term or provision imposed in connection with the city's approval of some land use entitlement, whether temporary or permanent, including, for example, and without limitation, a rezone, variance, subdivision approval, land use permit, design review or hillside development permit. (Ord. No. 591, 1, 9-28-2009) 8-2105 - Property violations. It is unlawful for any owner to maintain his or her property in such manner that any of the conditions listed below are found to exist thereon, except as may be allowed by this municipal code. The code enforcement officer shall determine when any of the following conditions are property violations and substantially detract from the overall appearance of adjoining properties, and/or are detrimental to adjoining properties and their property values: (a) General Property Violations. The following violations apply to all properties within the city regardless of their zoning and/or use: (1) Substandard compliance with housing, health, and/or building codes;
(2) Vacant or partially destroyed building or structure that is not secured or is not being actively maintained and monitored; (3) Building exterior, wall, roof, fence, or accessory structure that is deteriorated or in disrepair; (4) Broken or missing exterior doors and/or windows;
(5) Used, damaged or discarded building materials, storage containers, furniture, household appliances, automotive parts, tools, machinery, mechanical apparatus or equipment, or junk or trash visible from public view or an adjoining property; (6) Attractive nuisances, particularly to children, including neglected, abandoned, or unsafe household appliances, machinery, swimming pools, spas, ponds, or excavations; (7) Construction equipment, materials, or machinery visible from public view or an adjoining property when stored on a property where there is no active building permit; (8) Dead, decayed, diseased, or hazardous trees, shrubs, or weeds, or overgrown vegetation that pose a fire or other hazard to the public right-of-way and/or an adjoining
property, except when such trees are subject to Chapter 6-17; and/or (9) Maintenance of property in a condition of deterioration or disrepair, in such a condition to be detrimental to the public health, safety, or general welfare, or in such a manner as to constitute a public nuisance. (b) Residential Property Violations. The following violations apply to those properties that are zoned or otherwise legally used for residential purposes: (1) Portable carport or other temporary structure not screened from public view or an adjoining property; (2) Vehicle or other equipment pursuant to Chapter 6-23
(3) Household waste, recycling, or garden waste receptacles or other trash visible from public view except on the day before and the day of regularly scheduled pickup; and/or (4) Construction, repair, disassembly or service of an appliance; or any other mechanical or motorized apparatus or device of any kind for more than eight days per year, or between the hours of 10:00 pm and 7:00 am. (c) Nonresidential Property Violations. The following violations apply to those properties that are zoned or otherwise legally used for nonresidential purposes: (1) Accumulation of dirt, litter, or debris in vestibules, doorways, or adjoining sidewalks, passages, or breezeways of a building; (2) Deteriorated off-street parking surfaces or structures or driveways;
(3) Graffiti or other unauthorized markings which remain on a building exterior, wall, fence, or other structure and which are visible from public view or an adjoining property; (4) (5) Unmaintained landscaping which is visible from public view or an adjoining property; Shopping cart removed from the business premises where it belongs; and/or
(6) Unmaintained or nonoperational lighting on the exterior of a building or within off-street parking areas. (Ord. No. 591, 1, 9-28-2009) 8-2106 - Declaration of public nuisance. All property found to be maintained in violation of any one or more of the provisions of this chapter is declared to be a public nuisance and shall be abated by removal, correction, demolition and/or repair pursuant to the procedures set forth herein. The procedures set forth herein shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city regulations or abating public nuisances by all other remedies, including the issuance of administrative citations pursuant to Chapter 1-9, through the commencement of a criminal or civil proceeding, or through other legally established procedures. (Ord. No. 591, 1, 9-28-2009)
8-2107 - Responsibility for conformance to codes and permits. (a) Every owner is required to maintain his or her property in a manner that does not violate the provisions of this chapter, and such owner remains liable for any violation regardless of any contract or agreement with any third party regarding such property. (b) To the extent allowed by law, the code enforcement officer may enter on such property at reasonable times to make inspections. (Ord. No. 591, 1, 9-28-2009) 8-2108 - Violation. Whenever the code enforcement officer determines that a violation exists on a property pursuant to this chapter and that the violation does not pose an immediate hazard to the general welfare, health and safety, so as to require summary abatement pursuant to Section 8-2109, below, the code enforcement officer may issue a notice of violation to the person responsible for the violation, followed by an administrative citation, pursuant to the procedures outlined in Chapter 1-9 of this code. (Ord. No. 591, 1, 9-28-2009) 8-2109 - Summary abatement to protect health, safety and welfare. (a) If the code enforcement officer or other city employees designated by the city manager determines a violation presents an immediate danger to the health and safety of person(s) or property or to the general welfare of the city unless immediately corrected, and that there is not time to seek a court order or administrative order granting the code enforcement officer permission to abate the violation, the violation may be summarily abated without compliance with this chapter. Abatement shall include only such actions as are required to alleviate those conditions that present the immediate health and/or safety concerns, and may include, without limitation boarding of windows, doors, and other openings; removal of junk and debris; and/or securing the perimeter of the property. (b) The code enforcement officer shall document the health and and/or safety conditions that require immediate abatement; all corrective measures taken in the abatement; and the costs thereof, so that these costs may be recovered pursuant to this subsection 8-2111(c) of this chapter. (c) If summary abatement is performed under this section, the city shall provide the party responsible for the violation with a post-abatement hearing to contest the validity of the summary abatement pursuant to the procedures for an appeal. (Ord. No. 591, 1, 9-28-2009) 8-2110 - Appeals. A recipient of an administrative citation may appeal the citation and may request a hearing before the code enforcement appeals board pursuant to the procedure outlined in Section 1-907 of this code. An appeal conducted pursuant to this section shall be in accordance with Sections 1-9081-910 of this code. (Ord. No. 591, 1, 9-28-2009)
8-2111 - Abatement by code enforcement officer. (a) If a violation is not abated within the time limit specified in the notice of violation, the code enforcement officer may cause the abatement of the violation. The officer is hereby authorized to enter the subject property to abate the violation subject to the consent of the property owner or occupant to do so. If the officer is unable to get consent from the property owner or occupant, the officer may enter the subject property to abate the violation pursuant to an abatement warrant issued pursuant to the procedures outlined in Sections 1822.50 et seq., the California Code of Civil Procedure. (b) If a violation is abated by the city pursuant to this section, the costs of abatement shall be billed to the property owner pursuant to subsection 8-2112(c) of this chapter. (c) The city may pursue any and all available legal remedies to collect unpaid abatement costs, including, but not limited to, those set forth in Section 8-2113 of this chapter. (Ord. No. 591, 1, 9-28-2009) 8-2112 - Administrative penalties, administrative costs and abatement costs. (a) Administrative Penalties. If a violation is not abated within the time limit specified in the notice of violation and an administrative citation is issued, then the citation shall include a penalty at the maximum amount allowed by law and established by city council resolution, including, but not limited to, the penalties contained in Chapter 1-3 and Chapter 1-9 of this code, exclusive of administrative costs. (b) Administrative Costs. (1) If a violation is not abated within the time limit specified in the notice of violation and an administrative citation is issued, then the administrative citation may include a charge to recover the administrative costs for the issuance of the notice of violation and administrative citation and other city activities related to the abatement of the violation. The amount of the charge shall be based on an analysis of direct and indirect personnel costs (including attorney fees), costs of documenting the violation and the actual costs of preparing, printing and mailing the notice of violation and administrative citation. The administrative costs shall become due and payable 30 days of the effective date of the administrative citation. (2) If an administrative penalty is not paid within the time limit specified in the administrative citation, an administrative cost may be added to the administrative penalty already due and owing to recover the administrative costs related to collecting the unpaid penalty. The amount of the charge shall be based on an analysis of direct and indirect personnel costs (including attorney fees) incurred to recover the penalty, including the costs of documenting the late payment, preparing, printing and mailing related notices and correspondence to the violator demanding payment and may include interest as provided by law. (c) Abatement Costs. If a violation is abated by the city pursuant to this chapter, the abatement costs, including incidental costs, shall be billed to the property owner and be due and payable within 30 days of the date the billing is mailed to the property owner. The term "incidental costs" shall include, but not be limited to, direct and indirect personnel costs, attorney fees, costs incurred in documenting the violation and actual expenses and costs for the preparation of notices, specifications and contracts, for inspection of the abatement and for the printing and mailing of notices. (Ord. No. 591, 1, 9-28-2009)
8-2113 - Recovery of administrative penalties, administrative costs and abatement costs. (a) Cumulative Remedies. At its discretion, the city may pursue any and all legal and equitable remedies for the recovery of administrative penalties, administrative costs and/or abatement costs owed to the city. Pursuit of one remedy does not preclude the pursuit of any other remedies. Any property owner who fails to pay any abatement penalties, administrative costs and/or abatement costs owed to the city shall be liable in any action brought by the city for its costs incurred in bringing such action. The city's collection costs may include, but are not limited to, those for personnel, materials, overhead, attorney's fees and any other city expenditures expended in the action to collect the unpaid administrative penalties, administrative costs and/or abatement costs. (b) Liens; Special Assessments. The amount of any unpaid administrative penalties, administrative costs and/or abatement costs may be made a lien or special assessment on the real property on which the violation occurred. (1) The code enforcement officer shall present a report on unpaid penalties, charges and/ or costs and a resolution of lien or special assessment to the city council. (2) At least ten days before the city council meeting at which the cost report and resolution of lien or special assessment are considered, the officer shall mail the owner a copy, together with a notice of the time and place of the council meeting at which the report will be considered, and advising the owner that he or she may appear and protest any penalty and/or cost contained in the report. The report and notice shall also be posted conspicuously on the subject property. (3) At the time fixed for hearing on the report of expenses, the council shall consider the report and protests or objections by the owner liable to be assessed for the penalties, and/or costs. The council may revise, correct or modify the report as it considers just. Thereafter, the council may confirm the report and approve the lien or special assessment. The owner shall be notified by mail of the council's action. (4) The lien or special assessment shall attach when the officer records a certificate listing unpaid administrative penalties, administrative costs and/or abatement costs with the county recorder's office. The certificate shall specify the amount of the lien or special assessment, the street address, legal description, and assessor's parcel number of the parcel on which the lien or special assessment is imposed, and the name and address of the record owner of the parcel. In the event that the lien or special assessment is discharged, released, or satisfied, either through payment or foreclosure, notice of the discharge containing the information specified above shall be recorded by the officer. The lien or special assessment may be foreclosed by an action brought by the city for a money judgment. Until the lien or special assessment is discharged, released or satisfied, interest shall apply at the maximum amount allowed by law. (Ord. No. 591, 1, 9-28-2009) 8-2114 - Abatement on recurrence. When a violation previously abated in accordance with this chapter recurs within 12 months of such abatement, no warning notice is required. The code enforcement officer shall send a notice of violation to the property owner pursuant to Section 1-903, with the exception that the time limit for abating the violation shall not exceed ten days from the effective date of the notice of violation. Such notice shall be served on the property owner in accordance with the provisions of Section 1-905.
(Ord. No. 591, 1, 9-28-2009) 8-2115 - Additional violations. (a) Any property owner who violates any order of abatement pursuant to this chapter is guilty of an infraction or misdemeanor. (b) Any person who removes or defaces any notice as required by this chapter is guilty of an infraction or misdemeanor. (c) Any person who obstructs, impedes or interferes, or causes another to do so, with any abatement actions performed pursuant to this chapter is guilty of an infraction or misdemeanor. (Ord. No. 591, 1, 9-28-2009)
Chapter 8-22 - TRAIL EASEMENT RESTRICTIONS

Sections:
8-2201 - Findings and purpose. 8-2202 - Definitions. 8-2203 - Trail easement restrictions. 8-2204 - Violations and enforcement; abatement of violations.
8-2201 - Findings and purpose. (a) This [chapter] is based on the following findings: (1) The city of Lafayette has established trail easements for public passage and enjoyment as set forth in the Lafayette Trails Master Plan. (2) The goal of preserving trail easements and protecting the enjoyment and safe passage upon trail easements is a legitimate governmental objective. (3) This goal will be served by enabling the city to enforce the trail easement restrictions set forth in this Section 8-2203 pursuant to its administrative citation ordinance set forth in Chapter 1-9 of this code and its code enforcement ordinance set forth in Chapter 8-21 of this code. (b) The purpose of this chapter is to preserve the trail easements and to protect the health, safety and welfare of residents of the city and other individuals passing upon and otherwise using the trail easements. (Ord. No. 599, 1, 6-28-2010)
8-2202 - Definitions. For purposes of this chapter, the following definitions shall apply: (a) "Code enforcement officer" or "officer" shall mean the city employee or employees designated by the city manager to implement the provisions of this chapter. (b) "Developer" shall mean a person or persons contracted to improve or develop a certain parcel of real property. (c) "Owner" shall mean the owner or owners of record of real property as shown on the latest county equalized assessment roll; the lessee, tenant or other person having control or possession of the property; the mortgagee under a recorded deed of trust; and any other person having a recorded beneficial or legal interest. (d) "Person" shall mean any individual, group, firm, partnership, corporation, joint venture, company, club, association, society, league, and any other organization. (e) "Trail easement" or "trail easements" shall mean an easement upon which the city has developed or intends to develop a public trail consistent with the city of Lafayette Trails Master Plan and all developed public trails. (Ord. No. 599, 1, 6-28-2010) 8-2203 - Trail easement restrictions. The following trail easement restrictions shall at all times apply: (a) Public passage over a trail easement shall not be restricted or obstructed in any manner.
(b) A trail easement shall not be used for access to real property while such property is being developed or improved unless such access has been previously approved by the planning services division of the city. Any damage to a trail easement caused by an owner or developer shall be repaired by such owner or developer as specified and approved by the planning services division of the city of Lafayette, in its sole discretion. The owner or developer responsible for such damage shall also be responsible for all costs to repair such trail easement. (c) A trail easement shall not to be encroached upon by any object, including, without limitation, fences, vegetation, earth mounds, drainage ditches, sheds, animal housing or structures of any kind. (d) No person shall dump rubbish, building materials, garden clippings, run off water, or any other substances of any kind or nature on the trail easement. (e) Any vegetation planted on property that abuts a trail easement shall be planted and maintained in a manner that ensures such vegetation does not obstruct or interfere with the trail easement or the public's use of the trail easement. If the city determines that vegetation obstructs or interferes with the trail easement or the public's use of a trail easement, and the owner responsible for such vegetation fails to remove such vegetation after the city has provided the owner with notice to do so, the city shall have the right to remove such vegetation and to charge the owner for the cost of removal.
(f) If a trail easement runs over a privately owned road, driveway or other private property which the owner wishes to mark with signs indicating "private property," then signs shall also be posted by the parks, trails and recreation department of the city of Lafayette displaying the city of Lafayette logo identifying and showing the directions of the trail easement. The owner wishing to install signage shall notify the parks, trails and recreation department in writing of its desire to install such signage prior to installing such signage. (g) All trail easements shall be marked by the owner or developer with permanent survey markers subject to review and approval by the city. (Ord. No. 599, 1, 6-28-2010) 8-2204 - Violations and enforcement; abatement of violations. (a) The city may enforce any violation of Section 8-2203 in accordance with Chapters 1-9 or 8-21 of this code, including by abatement of the violation pursuant to the procedures set forth in Chapter 8-21 (b) The remedies set forth above shall be in addition to all other legal remedies available to the city to address a violation of this chapter, in the city's sole discretion. (Ord. No. 599, 1, 6-28-2010)
Title 9 - REVENUE AND TAXATION* Chapter 9-6 - INVESTMENT OF CITY FUNDS
Title 9 - REVENUE AND TAXATION*

Chapters:
Chapter 9-1 - TRANSFER OF ASSESSMENT AND TAX COLLECTION DUTIES Chapter 9-2 - SPECIAL FUNDS Chapter 9-3 - SALES AND USE TAX Chapter 9-4 - REAL PROPERTY TRANSFER TAX Chapter 9-5 - UNIFORM TRANSIENT OCCUPANCY TAX Chapter 9-6 - INVESTMENT OF CITY FUNDS
Chapter 9-1 - TRANSFER OF ASSESSMENT AND TAX COLLECTION DUTIES

Sections:
9-101 - Purpose and authority. 9-102 - Transfer of assessment and tax collection duties. 9-103 - Abolition of offices of city assessor and city tax collector.
9-101 - Purpose and authority. This chapter is adopted under Government Code Sections 51500 through 51520. (Ord. 25 3(7) (part), 1969; Ord. 24 1 (part), 1968) 9-102 - Transfer of assessment and tax collection duties. The assessment and tax collection duties and the collection of assessments levied for municipal improvements now performed by the city assessor and tax collector are transferred to the assessor and the tax collector of the county for the purpose of assessment and collection of ad valorem property taxes that become a lien after January 1, 1969, and the collection of assessments for municipal improvements becoming due and payable on and after January 1, 1969. (Ord. 25 3(7) (part), 1969; Ord. 24 1 (part), 1968) 9-103 - Abolition of offices of city assessor and city tax collector. The offices of the city assessor and the city tax collector are abolished effective January 1, 1969. After January 1, 1969, all duties performed by the city assessor other than the assessing of city property are transferred to and shall be performed by the city clerk. After January 1, 1969, all duties performed by
the city tax collector other than the collection of taxes are transferred to and shall be performed by the city clerk. (Ord. 25 3(7) (part), 1969; Ord. 24 1 (part), 1968)
Chapter 9-2 - SPECIAL FUNDS

Sections:
Article 1. - Gas Tax Street Improvement Fund
Article 1. - Gas Tax Street Improvement Fund

9-201 - Purpose. 9-202 - Deposits. 9-203 - Expenditures.
9-201 - Purpose. To comply with Streets and Highways Code Section 2113, there is created in the city treasury a special fund to be known as the "special gas tax street improvement fund." (Ord. 371 2, 1988: Ord. 25 3(8) (part), 1969; Ord. 4 1, 1968) 9-202 - Deposits. All moneys received by the city from the state of California under the provisions of the Streets and Highways Code for the acquisition of real property or interests therein, or for engineering, or for the construction, maintenance or improvement of streets or highways by the city, shall be paid into the special gas tax street improvement fund. (Ord. 25 3(8) (part), 1969; Ord. 4 2, 1968) 9-203 - Expenditures. All moneys in the special gas tax street improvement fund shall be expended exclusively for the purposes authorized by, and subject to the provisions of, Sections 2106 through 2116 of the Streets and Highways Code. (Ord. 25 3(8) (part), 1969; Ord. 4 3, 1968)
Chapter 9-3 - SALES AND USE TAX

Sections:
9-301 - Short title. 9-302 - Rate. 9-303 - Operative date. 9-304 - Purpose. 9-305 - Contract with state. 9-306 - Sales tax. 9-307 - Place of sale. 9-308 - Use tax. 9-309 - Adoption of provisions of state law. 9-310 - Limitations on adoption of state law. 9-311 - Permit not required. 9-312 - Reserved. 9-313 - Exclusions and exemptions. 9-314 - Application of provisions relating to exclusions and exemptions. 9-315 - Amendments. 9-316 - Enjoining collection forbidden.
9-301 - Short title. The ordinance from which this chapter derives shall be known as the "uniform local sales and use tax ordinance." (Ord. 25 3(9) (part), 1969; Ord. 4 1, 1968) 9-302 - Rate. The rate of sales tax and use tax imposed by this chapter shall be .975 of 1 percent. (Ord. 25 3(9) (part), 1969; Ord. 4 2, 1968) 9-303 - Operative date. "Operative date" means the first day of the first calendar quarter following the adoption of the ordinance from which this chapter derives. (Ord. 25 3(9) (part), 1969; Ord. 4 3, 1968) 9-304 - Purpose. The city council declares that this chapter is adopted to achieve the following, among other, purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes: (a) 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; (b) To adopt a sales and use tax ordinance which incorporates provisions identical to those of the sales and use tax law of the state of California insofar as those provisions are not inconsistent
with the requirements and limitations contained in Part 1.5 of Division 2 of the Revenue and Taxation Code; (c) To adopt a sales and use tax ordinance which imposes a tax and provides a measure therefor that can be administered and collected by the State Board of Equalization in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from the existing statutory and administrative procedures followed by the State Board of Equalization in administering and collecting the California state sales and use taxes; (d) To adopt a sales and use tax ordinance which can be administered in a manner that will, to the degree possible consistent with the provisions of Part 1.5 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting city sales and use taxes and at the same time minimize the burden of recordkeeping upon persons subject to taxation under the provisions of this chapter. (Ord. 25 3(9) (part), 1969; Ord. 4 4, 1968) 9-305 - Contract with state. Prior to the operative date of the ordinance codified in this chapter, the city shall contract with the State Board of Equalization to perform all functions incident to the administration and operation of this chapter; provided, that if the city has not contracted with the State Board of Equalization prior to said 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 following 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. 25 3(9) (part), 1969; Ord. 4 5, 1968) 9-306 - 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 9-302 of the gross receipts of the retailer from the sale of all tangible personal property sold at retail in the city on and after the operative date of the ordinance codified in this chapter. (Ord. 25 3(9) (part), 1969; Ord. 4 6, 1968) 9-307 - Place of sale. For the purposes 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 destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the 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 or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the State Board of Equalization. (Ord. 25 3(9) (part), 1969; Ord. 4 7, 1968)
9-308 - Use tax. An excise tax is imposed on the storage, use or other consumption in the city of tangible personal property purchased from any retailer on and after the operative date for storage, use or other consumption in the city at the rate stated in Section 9-302 of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax, regardless of the place to which delivery is made. (Ord. 25 3(9) (part), 1969; Ord. 4 8, 1968) 9-309 - Adoption of provisions of state law. Except as otherwise provided 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 herein. (Ord. 25 3(9) (part), 1969; Ord. 4 9, 1968) 9-310 - 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 of California is named or referred to as the taxing agency, the name of the 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 or operation of this chapter; the substitution shall not be made in those sections, including, but not necessarily limited to, sections referring to the exterior boundaries of the state of California, 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 otherwise 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 of 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 said 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 substitution shall not be made for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 or in the definition of that phrase in Section 6203. (Ord. 25 3(9) (part), 1969; Ord. 4 10, 1968) 9-311 - 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. 118 1, 1973: Ord. 25 3(9) (part), 1969; Ord. 5 11, 1968)
9-312 - Reserved. 9-313 - Exclusions and exemptions. (a) Exclusions and ExemptionsAlternate No. 1. (1) The amount subject to tax shall not include any sales or use tax imposed by the state of California upon a retailer or consumer. (2) The storage, use or other consumption 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 the state shall be exempt from the tax due under this chapter. (3) There are exempted from the computation 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 exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of the state, the United States or any foreign government. (4) In addition to the exemptions provided 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 the state, the United States or any foreign government is exempted from the use tax. (b) Exclusions and ExemptionsAlternate No. 2. (1) The amount subject to tax shall not include any sales or use tax imposed by the state upon a retailer or consumer. (2) The storage, use or other consumption 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 the state shall be exempt from the tax due under this chapter. (3) There are exempted from the computation 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. (4) The storage, use or other consumption of tangible personal property purchased by operators of waterborne vessels and used or consumed by such operators directly and exclusively in the carriage of persons or property of such vessels for commercial purposes is exempted from the use tax. (5) There are exempted from the computation 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 exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of the state, the United States or any foreign government.
(6) In addition to the exemptions provided 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 the state, the United States, or any foreign government is exempted from the use tax. (Ord. 309 12, 1983: Ord. 118 3 (part), 1973) 9-314 - Application of provisions relating to exclusions and exemptions. (a) Section 9-313(a) shall be operative January 1, 1984.
(b) Section 9-313(b) shall be operative on the operative date of any act of the Legislature of the state 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 exemption from city sales and use taxes for operators of waterborne vessels in the same, or substantially the same, language as that existing in subdivisions (i)(7) and (i)(8) of Section 7202 as those subdivisions read on October 1, 1983. (Ord. 309 3, 1983: Ord. 118 3 (part), 1973) 9-315 - 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. 118 2 (part), 1973; Ord. 25 3(9) (part), 1969; Ord. 5 13, 1968) 9-316 - Enjoining collection forbidden. 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 the city, or against any officer of the state or the 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 collected. (Ord. 118 2 (part), 1973; Ord. 25 3(9) (part), 1969; Ord. 5 14, 1968)
Chapter 9-4 - REAL PROPERTY TRANSFER TAX

Sections:
9-401 - Short titleAuthority. 9-402 - Tax imposed. 9-403 - Who pays tax. 9-404 - Security agreement excepted. 9-405 - Exemption of public agencies. 9-406 - Exceptions.
9-407 - Special exceptionOrder of S.E.C. 9-408 - Partnership interest. 9-409 - Administration. 9-410 - Refunds. 9-411 - Operative date.
9-401 - Short titleAuthority. The ordinance codified in this chapter may be cited as the real property transfer tax ordinance of the city. It is adopted under the authority of Part 6.7 of Division 2 of the Revenue and Taxation Code of the state of California, beginning with Section 11901. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-402 - Tax imposed. There is imposed on each instrument or writing by which land, tenement, or other realty sold within the city is transferred or conveyed to the purchaser or other grantee when the consideration or value of the interest conveyed (exclusive of the value of an encumbrance remaining at the time of sale) exceeds 100 dollars, a tax at the rate of $0.275 for each 500 dollars or fractional part of 500 dollars. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-403 - Who pays tax. The tax imposed under Section 9-402 shall be paid by the person who makes, signs or issues the instrument subject to the tax, or for whose use or benefit the instrument is made, signed or issued. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-404 - Security agreement excepted. The tax imposed by this chapter does not apply to an instrument in writing given to secure a debt. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-405 - Exemption of public agencies. The United States or its agency or instrumentality, a state or territory, or political subdivision, or the District of Columbia is not liable for the tax imposed with respect to the instrument or writing to which it is a party, but the tax may be collected from any other party liable for it. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-406 - Exceptions. (a) The tax imposed by this chapter does not apply to a conveyance to make effective a plan of reorganization or adjustment: (1) Confirmed under the Federal Bankruptcy Act;
(2) Approved in an equity receivership proceeding in a court involving a railroad corporation, as defined in subdivision (m) of Section 205 of Title 11 of the United States Code, as amended;
(3) Approved in an equity receivership proceeding in a court involving a corporation, as defined in subdivision (3) of Section 506 of Title 11 of the United States Code, as amended; or (4) Whereby a mere change in identity, form or place of organization is effected.
(b) Subparagraphs (1) through (4) of subsection (a) of this section only apply if the filing of the instrument of transfer or conveyance occurs within five years from the date of confirmation, approval or change. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-407 - Special exceptionOrder of S.E.C. The tax imposed by this chapter does not apply to the making of conveyances to make effective an order of the Securities and Exchange Commission, as defined in subdivision (a) of Section 1083 of the Internal Revenue Code of 1954 if: (a) The order of the Securities and Exchange Commission recites that the conveyance is necessary or appropriate to carry out Section 79k of Title 15 of the United States Code, relating to the Public Utility Holding Company Act of 1935; and (b) The order specifies the property which is ordered to be conveyed.
(Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-408 - Partnership interest. (a) In the case of realty held by a partnership, no levy is imposed by reason of transfer of an interest in a partnership if: (1) The partnership is a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2) The continuing partnership continues to hold the realty concerned.
(b) If there is a termination of a partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter the partnership shall be treated as having executed an instrument whereby there was conveyed for fair market value (exclusive of the value of an encumbrance remaining) all realty held by the partnership at the time of termination. (c) Not more than one tax may be imposed by reason of a termination described in subsection (b) or any transfer pursuant to it, with respect to the realty held by the partnership at the time of termination. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-409 - Administration. The county recorder shall administer this chapter in conformity with Part 6.7 of Division 2 of the Revenue and Taxation Code and a county ordinance adopted pursuant to it. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968)
9-410 - Refunds. A claim for refund of the tax imposed is governed by Chapter 5 of Part 9 of Division 1 of the Revenue and Taxation Code of the state, beginning with Section 5096. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968) 9-411 - Operative date. This chapter becomes operative upon the operative date of any ordinance adopted by the county of Contra Costa under Part 6.7 of Division 2 of the Revenue and Taxation Code of the state, beginning with Section 11901, or upon the effective date of the ordinance codified in this chapter, whichever is the later. (Ord. 25 3(10) (part), 1969; Ord. 6 1 (part), 1968)
Chapter 9-5 - UNIFORM TRANSIENT OCCUPANCY TAX

Sections:
9-501 - Title. 9-502 - Definitions. 9-503 - Tax imposed. 9-504 - Exemptions. 9-505 - Operator's duties. 9-506 - Registration. 9-507 - Reporting and remitting. 9-508 - Penalties and interest. 9-509 - Failure to collect and report taxDetermination of tax by tax administrator. 9-510 - Appeal. 9-511 - Records. 9-512 - Refunds. 9-513 - Actions to collect. 9-514 - Violation is a misdemeanor.
9-501 - Title. The ordinance codified in this chapter may be known as the uniform transient occupancy tax ordinance of the city. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-502 - Definitions. Except where the context otherwise requires, the definitions given in this section govern the construction of this ordinance: (a) "Hotel" means any structure, or any portion of any structure, which is occupied or intended or
designed for occupancy by transients for dwelling, lodging or sleeping purposes; and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. (b) "Occupancy" means the use or possession, or the right to the use or possession of any room or rooms or portion thereof, in any hotel for dwelling, lodging or sleeping purposes. (c) "Operator" means the person who is proprietor of the hotel, whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. (d) "Person" means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. (e) "Rent" means the consideration charged, whether or not received, for the occupancy of space in a hotel valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. (f) "Tax administrator" means the city manager.
(g) "Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 29 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 29 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-503 - Tax imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in an amount established by resolution of the city council. This tax constitutes a debt owed by the transient to the city, which is extinguished only by payment to the operator or to the city. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proporionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient's ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. (Ord. 310 1, 1983: Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968)
9-504 - Exemptions. (a) No tax shall be imposed upon: (1) Any person as to whom, or any occupancy as to which, it is beyond the power of the city to impose the tax herein provided; (2) Any federal or state officer or employee when on official business;
(3) Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty. (b) No exemption shall be granted except upon a claim therefor made at the time rent is collected and under penalty of perjury upon a form prescribed by the tax administrator. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-505 - Operator's duties. Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added, any part will be refunded except in the manner hereinafter provided. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-506 - Registration. Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after commencing business, whichever is later, each operator of any hotel renting occupancy to transients shall register the hotel with the tax administrator and obtain from him a "transient occupancy registration certificate" to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state: (1) (2) (3) (4) The name of the operator; The address of the hotel; The date upon which the certificate was issued; and The following:
This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance by registering with the tax administrator for the purpose of collecting from transients the transient occupancy tax and remitting the tax to the tax administrator. This certificate does not authorize a person to conduct unlawful business or to conduct lawful business in an unlawful manner, nor to operate a hotel without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department or office of this city. This certificate does not constitute a permit. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968)
9-507 - Reporting and remitting. Each operator shall, on or before the last day of the month following the close of each calendar quarter, or at the close of any shorter reporting period which may be established by the tax administrator, make a return to the tax administrator, on forms provided by him, of the total rents charged and received and the amount of tax collected for transient occupancies. At the time the return is filed, the full amount of the tax collected shall be remitted to the tax administrator. The tax administrator may establish shorter reporting periods for any certificate holder if he deems it necessary in order to insure collection of the tax and he may require further information in the return. Returns and payments are due immediately upon cessation of business for any reason. All taxes collected by operators pursuant to this chapter shall be held in trust for the account of the city until payment thereof is made to the tax administrator. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-508 - Penalties and interest. (a) Original Delinquency. An operator who fails to remit any tax imposed by this chapter within the time required shall pay a penalty of ten percent of the amount of the tax in addition to the amount of the tax. (b) Continued Delinquency. An operator who fails to remit a delinquent remittance on or before a period of 30 days following the date on which the remittance first becomes delinquent shall pay a second delinquency penalty of ten percent of the amount of the tax in addition to the amount of the tax and the ten-percent penalty first imposed. (c) Fraud. If the tax administrator determines that the nonpayment of any remittance due under this chapter is due to fraud, a penalty of 25 percent of the amount of the tax shall be added thereto in addition to the penalties stated in subsections (a) and (b) of this section. (d) Interest. In addition to the penalties imposed, any operator who fails to remit any tax imposed by this chapter shall pay interest at the rate of one-half of one percent per month or fraction thereof on the amount of the tax, exclusive of penalties, from the date on which the remittance first became delinquent until paid. (e) Penalties Merged with Tax. Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the tax required to be paid. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-509 - Failure to collect and report taxDetermination of tax by tax administrator. If any operator fails or refuses to collect said tax and to make, within the time provided in this chapter, any report and remittance of said tax or any portion thereof required by this chapter, the tax administrator shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the tax administrator procures such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made, the tax administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the operator so assessed at his last known place of
address. Such operator may, within ten days after the serving or mailing of such notice, make application in writing to the tax administrator for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the tax administrator shall become final and conclusive and immediately due and payable. If such application is made, the tax administrator shall give not less than five days written notice in the manner prescribed in this chapter to the operator to show cause at a time and place fixed in said notice why the amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be fixed. After the hearing, the tax administrator shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed in this chapter of such determination and the amount of such tax, interest and penalties. The amount determined to be due shall be payable after 15 days unless an appeal is taken as provided in Section 9-510. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-510 - Appeal. An operator aggrieved by any decision of the tax administrator with respect to the amount of such tax, interest and penalties, if any, may appeal to the council by filing a notice of appeal with the city clerk within 15 days of the serving or mailing of the determination of tax due. The council shall fix a time and place for hearing such appeal, and the city clerk shall give notice in writing to the operator at his last known place of address. The findings of the council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-511 - Records. Every operator liable for the collection and payment to the city of any tax imposed by this chapter shall keep and preserve, for a period of three years, all records as may be necessary to determine the amount of such tax as he may have been liable for the collection of and payment to the city, which records the tax administrator shall have the right to inspect at all reasonable times. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-512 - Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter, it may be refunded as provided in subsections (b) and (c) of this section, provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within three years of the date of payment. The claim shall be on forms furnished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent
subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or illegally collected or received by the city by filing a claim in the manner provided in subsection (a) of this section, but only when the tax was paid by the transient directly to the tax administrator, or when the transient, having paid the tax to the operator, establishes to the satisfaction of the tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-513 - Actions to collect. Any tax required to be paid by any transient under the provisions of this chapter shall be deemed a debt owed by the transient to the city. Any such tax collected by an operator which has not been paid to the city shall be deemed a debt owed by the operator to the city. Any person owing money to the city under the provisions of this chapter shall be liable to an action brought in the name of the city for the recovery of such amount. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968) 9-514 - Violation is a misdemeanor. (a) A person violating a provision of this chapter is guilty of a misdemeanor and shall be punished by a fine of not more than 500 dollars, or by imprisonment in the county jail for a period of not more than six months, or both. (b) Any operator or other person who fails or refuses to register as required in this chapter, or to furnish a return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the tax administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. A person required to make, render, sign or verify any report or claim who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due required by this chapter to be made, is guilty of a misdemeanor. (Ord. 25 3(11) (part), 1969; Ord. 7 1 (part), 1968)
Chapter 9-6 - INVESTMENT OF CITY FUNDS

Sections:
9-601 - Delegation. 9-602 - Investments. 9-603 - Redemptions. 9-604 - Reports. 9-605 - Deposits.
9-601 - Delegation. Pursuant to Sections 53607 and 53608 of the Government Code, the authority to invest and reinvest money of the city, to sell or exchange securities so purchased, and to deposit such securities for safekeeping is delegated to the city treasurer. (Ord. 371 4 (part), 1988; Ord. 75 1 (part), 1972) 9-602 - Investments. The city treasurer is authorized to purchase, at their original sale or after they have been issued securities which are permissible investments under Sections 53601 and 53635 of the Government Code, as they now read or may hereafter be amended, from money in his custody which is not required for the immediate necessities of the city and as he may deem wise and expedient, and to sell or exchange for other eligible securities and reinvest the proceeds of the securities so purchased. (Ord. 371 4 (part), 1988; Ord. 75 1 (part), 1972) 9-603 - Redemptions. From time to time the city treasurer shall redeem the securities in which city money has been invested pursuant to Section 9-602 of this chapter, so that the proceeds may be applied to the purposes for which the original purchase money was designated or placed in the city treasury. (Ord. 371 4 (part), 1988; Ord. 75 1 (part), 1972) 9-604 - Reports. The city treasurer shall cause a monthly report of all such investments to be made to the city council. (Ord. 371 4 (part), 1988; Ord. 75 1 (part), 1972) 9-605 - Deposits. The city treasurer is authorized to deposit for safekeeping with a federal or state association (as defined by Financial Code Section 5102), trust company or a state or national bank located within the state or with the Federal Reserve Bank of San Francisco or any branch thereof located within the state or with any federal reserve bank or with any state or national bank located in any city designated as a reserve city by the Board of Governors of the Federal Reserve System, the securities in which the city money has been invested pursuant to Section 9-602 of this chapter; provided, however, that the city treasurer shall take from such trust company or bank a receipt for the securities so deposited and shall not be responsible for such securities delivered to and receipted for by such trust company or bank until they are withdrawn therefrom by the city treasurer. (Ord. 371 3, 4 (part), 1988: Ord. 75 1 (part), 1972)
Title 10 - PURCHASES Chapter 10-1 - PURCHASES
Title 10 - PURCHASES
Chapters:
Chapter 10-1 - PURCHASES
Chapter 10-1 - PURCHASES

Sections:
10-101 - Purchasing policy. 10-102 - Purchasing agent duties. 10-103 - Bid procedure for obtaining goods, supplies, equipment, and services. 10-104 - Bidding and contracting for municipal improvement projects. 10-105 - Exceptions to the bidding requirements. 10-106 - Procurement of specialized services. 10-107 - Disposition of surplus supplies and equipment.
10-101 - Purchasing policy. It is the policy of the city to obtain the quality and quantity of products and services required for the performance of city governmental functions at the lowest possible cost. The city policy is to support the economic endeavors of businesses based in Lafayette. Therefore in obtaining goods, supplies, equipment, and services, the city shall make every effort to purchase from Lafayette based businesses when the needed goods, supplies, equipment, and services are available locally. Where informal or formal bidding procedures are required, preference shall be given to Lafayette based businesses when awarding a contract, all factors of the bids being equal. (Ord. 479 1 (part), 1997) 10-102 - Purchasing agent duties. The city manager, or the city manager's designee, is the purchasing agent, with the authority and the responsibility to: (a) Carry out the purchasing policy of the city;
(b) Prepare or revise, in cooperation with each department, written standard specifications for purchases of goods, supplies, equipment, and services;
(c) Purchase or contract for goods, supplies, equipment, and services required by city departments according to these purchasing procedures and such administrative regulations as the city manager shall prescribe; (d) Obtain as full and open a competition as possible when purchasing or contracting for goods, supplies, equipment, and services; (e) Keep informed of current developments in the field of purchasing, prices, contracting for goods, supplies, equipment, and services; (f) Ensure the inspection of all supplies and equipment purchases to guarantee quality and conformance with city specifications; (g) Recommend the transfer of unused supplies and equipment between departments as needed; (h) Sell supplies and equipment that cannot be used by any department or that have become unsuitable for city use; (i) Maintain a bidder's list, vendor catalog, and necessary records for the efficient operation of the purchasing function. (Ord. 479 1 (part), 1997) 10-103 - Bid procedure for obtaining goods, supplies, equipment, and services. (a) The purchasing policy shall be observed when obtaining goods, supplies, equipment, and services. (b) Every purchase of goods, supplies, equipment, and services shall be accomplished through the purchasing agent. If the city manager has designated a person as purchasing agent, the purchasing agent shall obtain the approval of the city manager for each purchase exceeding $1,500.00. (c) The purchasing policy and the following procedures apply to the acquisition of goods, supplies, equipment and services: (1) Bid Procedures for Procurements Under $1,500.00. When the value of goods, supplies, equipment, or services is less than $1,500.00, the purchasing agent may, but is not required, to solicit bids from multiple vendors. (2) Bid Procedures for Procurements Over $1,500.00 but Less than $10,000.00. When the value of goods, supplies, equipment, or services is more than $1,500.00 but less than $10,000.00, the purchasing agent shall solicit oral and/or written bids from at least three vendors and shall accept the lowest bid yielding the lowest ultimate cost. The "lowest ultimate cost" means the lowest informal bid price commensurate with the quality needed. This includes consideration of anticipated operating costs, transportation and packing charges, availability, storage costs, delivery time, and supplier responsibility, when such factors are relevant. (3) Formal Bid Procedures for Procurements Over $10,000.00. When the value of goods, supplies, equipment, or services is more than $10,000.00, the purchasing agent shall follow the following formal bid procedure:
(A) Publication of a request for bids/proposals in a newspaper of general circulation in the area. The notice shall be published once, the publication to be completed at least ten days prior to the bid opening. The notice shall be sent to prospective bidders whose names are placed on the city bidder's list for provision of the type of good, supply, equipment, or service to be purchased. The notice shall contain a general description of the article or service, the deadline for submission of bids/proposals, and the time and place for opening of the bids. The purchasing agent shall receive all bids/proposals, open them at the time set for the opening, and announce the lowest responsive bidder. Once opened, all bids/proposals are available for public inspection. Upon concurrence of the city manager, the purchasing agent shall award a contract for the good, supply, equipment, or service; (B) The purchasing agent may require a bid bond, certified check, or other security to assure that the bidder will enter into a contract within ten days of notice of its award to bidder by city. (d) In determining the "lowest responsible bidder", the purchasing agent may consider factors such as ability, capacity, and skill of the bidder to provide the articles or services, whether the bidder has the facilities to perform within the time specified, the bidder's experience and record of performance on previous contracts with the city or with other entities, the bidder's ability to keep accurate, detailed, and timely accounting and invoicing records, the previous and existing compliance by the bidder with laws and ordinances relating to the procurement, the financial sufficiency and ability of the bidder to perform the contract, the quality and availability of the articles or services to bidder, the ability of bidder to provide maintenance or follow-up servicing of articles supplied, and the number and scope of conditions attached to the bid. (e) Twice a year the purchasing agent shall make an evaluation as to whether the expenditures made with any one vendor on an informal basis exceeded $10,000.00 cumulatively for the prior six month period. The purchasing agent shall determine whether such similar purchases should be made through the formal bid process thereafter and whether purchases should continue utilizing the vendor. (Ord. 479 1 (part), 1997) 10-104 - Bidding and contracting for municipal improvement projects. (a) "Municipal improvement project" means and includes an item other than a good, supply, equipment, or service, or a public project as defined in Section 20161 of the Public Contracts Code and for which the expenditure exceeds $5,000.00. (b) When the expenditure required for a municipal improvement project will exceed $5,000.00, it shall be contracted for and let to the lowest responsible bidder by either a purchase order or written contract, as the purchasing agent determines. (c) The department head requesting the expenditure shall prepare the plans or specifications, or both, for the proposed project. A notice inviting bids must be published in a newspaper of general circulation two times, at least five days apart, the last publication at least ten days before the date set for the bid opening. The notice shall be mailed to responsible prospective bidders whose names appear on the bidders list and to the builder's exchange. The notice shall include a general description of the project, where bid forms and specifications may be secured, the form of bidder's security, and the time and place for the bid opening. (d) Bids must be presented under sealed cover and accompanied by a form of bidder's security
prescribed in the notice such as cash, cashier's or certified check, or a bidder's bond. The bids shall be time stamped as received and remain sealed until the scheduled time for opening. (e) The city clerk or the clerk's designee shall announce the bid opening at the designated time and open, record, and tabulate the bids. Results of the bid opening shall be available for public inspection. The low bidder is the bidder submitting the lowest dollar value. In the event that alternatives are called for and bid on the project, the city clerk shall present the bid to the department head in such a manner that the identity of the bidders can not be distinguished. The department head evaluates and selects the alternative(s) for the project. The low bidder on the overall project together with the alternative selected shall be considered the low bidder on the project. The department head shall recommend that the city council award the contract to the lowest responsible bidder. (f) The city council shall review the recommendation and consider the following factors, in addition to price, to determine the lowest responsible bidder: (1) The ability, capacity, and skill of the bidder to perform the contract;
(2) Whether the bidder has the facilities to perform the contract promptly, or within the time specified, without delay or interference; (3) (4) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; The bidder's record of performance on previous contracts with the city;
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract; (6) The sufficiency of the financial resources and ability of the bidder to perform the contract;
(7) The quality, availability, and adaptability of the supplies and equipment needed to fulfill the project contract; (8) The ability of the bidder to provide future maintenance and service for the subject of the contract; and (9) The number and scope of conditions attached to the bid.
The city council may award the bid to the lowest responsible bidder, or reject all bids and direct the purchasing agent or the department head to advertise for new bids. If no new bids are received, the council may negotiate a contract for the project. (g) The department head shall notify the successful bidder of the contract award. The successful bidder must execute the contract within five days after the notice of contract award is mailed, unless the city excuses the delay. If the successful bidder fails to enter into a contract with the city, the council may award the contract to the next lowest bidder and apply the amount of the low bidder's security to the difference between the low and second lowest bid. After the successful bidder has posted the contract bonds, executed the contract documents, and fulfilled any conditions placed on the approval, the department head shall return the bid bonds to the unsuccessful bidders. (h) Where not inconsistent with state law, the purchasing policy shall be observed in awarding municipal improvement project contracts.
(Ord. 479 1 (part), 1997) 10-105 - Exceptions to the bidding requirements. The bidding requirements for a municipal improvement project or for the purchase of goods, supplies, equipment, and services need not be observed if any of the following conditions are met: (a) Emergency. Where the city has declared an emergency justifying the expenditure;
(b) Specialized Item. Where the project, good, supply, equipment, or service is of such a specialized nature that it can only be obtained from one manufacturer or vendor or where the service sought is to maintain an article for which the bidder was also the manufacturer or vendor of the article; (c) Public Cooperative Purchasing Agreement. Where another governmental entity has an agreement with a vendor which allows the city to purchase particular items on a cooperative basis at a reduced rate; (d) Negotiations. Where the city council finds that negotiation would best serve the city due to the nature of the project, good, supply, equipment, or service; (e) Existing Contract. Where the project, good, supply, equipment, or service is similar to one being provided under an existing contract, and in the judgment of the department head the project, article or service can be obtained by negotiations with the existing contractor for the same price that formal bidding would yield. (Ord. 479 1 (part), 1997) 10-106 - Procurement of specialized services. (a) The purchasing policy shall be incorporated in the procurement of specialized services.
(b) When the city manager or city council authorizes the hiring of services for which standard specifications can not be drawn such as architectural services, consultant services, or legal services, the city manager may negotiate for the authorized service. Whenever practicable, the city manager shall obtain proposals from at least three firms, except where a service firm has established such a successful past work history with the city that it is clearly in the public interest not to negotiate with any other source. (c) When the city council or city manager finds that a service lends itself to written standard specifications, bidding shall be conducted according to the formal bid procedures. If an on-going professional service relationship exceeds a $10,000.00 valuation, the city council or city manager as the case may be, may request formal proposals. The city council must approve the contract unless it is for retention of a consultant to prepare an environmental impact report for a private development project. (Ord. 479 1 (part), 1997) 10-107 - Disposition of surplus supplies and equipment. Each department head shall submit to the purchasing agent, at such a time and in such a form as prescribed by the purchasing agent, reports showing supplies and equipment which are no longer used
or which have become obsolete or worn out. The city council may declare such property as surplus. The purchasing agent, with the city manager' s approval, may sell surplus property, or exchange or trade it in on new supplies and equipment. The sale of surplus property shall be made by the most effective method, such as formal sealed bid, informal bid, negotiation, or public auction. If surplus property is offered at public auction, any person, including a city employee, may make an offer of purchase. However, no city employee may purchase surplus city property by means other than a public auction. Neither the purchasing agent or a department head conducting such a sale of surplus property may be a purchaser. Proceeds from the sale of surplus property shall be deposited in the general fund. (Ord. 479 1 (part), 1997)
Title 11 - PUBLIC PROPERTY AND WORKS* Part 3. - Public Art Chapter 11-7 - PUBLIC ART
Title 11 - PUBLIC PROPERTY AND WORKS*

Chapters:
Part 1. - Park Regulations (For the Lafayette Community Park and 711 St. Mary's Road Sports Fields) Part 2. - Water Reuse Part 3. - Public Art
Part 1. - Park Regulations (For the Lafayette Community Park and 711 St. Mary's Road Sports Fields)
Chapter 11-1 - APPLICABILITY Chapter 11-2 - PARK USE REGULATIONS Chapter 11-3 - PERMITS Chapter 11-4 - PROHIBITIONS ON USE Chapter 11-5 - ENFORCEMENT
Chapter 11-1 - APPLICABILITY

Sections:
11-101 - Applicability. 11-102 - Definitions. 11-103 - Director's duties.
11-101 - Applicability. This part applies to every city-owned park facility and sports field. (Ord. 526 1, 2002: Ord. 455 2 (part), 1996) 11-102 - Definitions. In this part, unless the context otherwise requires: (a) "Director" means the director of the parks and recreation department of the city or its authorized representative.
(b)
"Department" means the parks and recreation department of the city.
(c) "Fee facility" means a structure or park facility or portion thereof which is rented for a fee and reserved for the exclusive use of an individual or group. (d) "Park facility" means the body of water, land, campsite, recreation area, structure, system, equipment, machinery or other appurtenance owned, managed, controlled or operated by the department. (e) "Smoking" means possessing a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking equipment or the lighting or emitting or exhaling the smoke of a pipe, cigar or cigarette of any kind. (f) "Sports field" means a flat turf or dirt area regularly and routinely used for an athletic contest such as baseball, softball or soccer. (Ord. 526 2, 2002: Ord. 455 2 (part), 1996) (Ord. No. 576, 1, 10-26-2009) 11-103 - Director's duties. The director shall, in accordance with the recommendations of the parks and recreation commission, administer parks and park facilities. (Ord. 455 2 (part), 1996)
Chapter 11-2 - PARK USE REGULATIONS

Sections:
11-201 - Hours of use. 11-202 - Regulations. 11-203 - Fee facilities. 11-204 - Reservations. 11-205 - Commercial activities fee.
11-201 - Hours of use. (a) The operating hours of each park facility are from dawn to dusk unless otherwise specified by the director. No person may enter, remain in, or camp in or on a park facility during the hours a park facility is closed without a permit from the director. (b) The director may close a park facility and require all persons to vacate the facility upon a determination that a condition exists which presents a hazard to the facility or to public safety. (Ord. 455 2 (part), 1996)
11-202 - Regulations. Subject to review and approval by the parks and recreation commission, the director may adopt and shall post regulations governing the use of a park facility. Each regulation shall be consistent with this part. (Ord. 455 2 (part), 1996) 11-203 - Fee facilities. (a) (b) (c) Each sports field within a park facility is a fee facility. The director may designate any area of a park as a fee facility. The city shall establish a fee for the reservation and use of a fee facility by resolution.
(Ord. 455 2 (part), 1996) 11-204 - Reservations. (a) A picnic area which is so posted may be reserved for the exclusive use of a person or group upon payment of a fee and issuance of a permit. (b) The director may designate and post an area of a park as an area which may be reserved for exclusive use. (c) The city shall establish a fee for the reservation for exclusive use of a park facility by resolution.
(Ord. 455 2 (part), 1996) 11-205 - Commercial activities fee. The city council shall establish a fee for the commercial use, as defined by Section 11-102(c), of any park facility not designated a fee facility under Section 11-102(c). (Ord. 455 2 (part), 1996)
Chapter 11-3 - PERMITS

Sections:
11-301 - Permit required. 11-302 - Permit application. 11-303 - Standards for issuance of permit. 11-304 - Conditions of permit issuance. 11-305 - Priority of use permit. 11-306 - Exhibiting permit.
11-301 - Permit required. (a) A person may not use, occupy or remain in a fee facility without a permit.
(b) A person may not engage in a commercial activity defined by Section 11-205 in a park facility without a permit. (Ord. 455 2 (part), 1996) 11-302 - Permit application. (a) A person who desires a permit shall file an application with the director on a form provided by the parks and recreation department. The information required shall include: (1) The name and address of the applicant;
(2) The name and address of the person, group, organization or corporation sponsoring the activity; (3) (4) (5) (6) The nature of the proposed activity; The dates, hours and park facility for which the permit is desired; An estimate of attendance; and Other information which the director considers reasonably necessary.
(b) A permit may not be issued for an activity which is likely to be attended by more than 100 people unless an application for the permit is received by the director at least 30 days before the date of the activity for which the permit is sought. (c) The permit application shall be accompanied by a fee in an amount set by city council resolution.
(d) Each permit applicant shall be provided a copy of the regulations governing the use of park facilities. (Ord. 455 2 (part), 1996) 11-303 - Standards for issuance of permit. The director shall issue a permit upon finding that: (a) The proposed use of the park will not unreasonably interfere with or detract from the general public enjoyment of the park; (b) The proposed use will not unreasonably interfere with or detract from the promotion of public health, welfare, safety and recreation; (c) Every condition, including, where applicable, the payment of fees, approval of the parks and recreation department, and insurance coverage, and applicable requirements are met; (d) The proposed use is not reasonably anticipated to incite violence, crime or disorderly conduct;
(e) The proposed use will not incur unusual, extraordinary, or burdensome expense or security operation by the department; (f) (g) The facility is not reserved for other use; and The applicant agrees to comply with the conditions of approval imposed by the permit.
(Ord. 455 2 (part), 1996) 11-304 - Conditions of permit issuance. (a) Conditions. The director may impose as a condition to the issuance of a permit requirements considered necessary for the protection, health and safety of persons or property or both in light of the nature of the activity for which the permit is sought and the number of persons likely to be in attendance. (b) Indemnification. The director may require an applicant to enter into an agreement with the city to indemnify and hold the city harmless from all injuries and damage resulting from the permitted use. (c) Insurance. The director may require an applicant to provide insurance adequate to cover potential loss due to injury or damage arising out of the permitted event. If insurance is required a copy of the policy or certificate of insurance, along with necessary endorsement, must be provided to the director not less than ten days before the date of the event. (1) The coverage shall be a comprehensive general liability insurance policy. The minimum limits of the policy shall be $1,000,000.00 for any one occurrence and $500,000.00 with regard to property damage for any one occurrence. The insurance shall be primary insurance without the right of contribution from a city insurance policy. The permittee shall designate on the policy or by endorsement as additional insureds the city, its officers, employees and agents. (2) If food or alcoholic beverages or nonalcoholic beverages are sold or served at the event, the policy must include an endorsement for product liability. (d) Bond for Security Costs. Where necessary for the protection of public property, the director may require that the permittee provide either city approved private security or a bond or a cash deposit sufficient to cover the actual costs for police security and damage to city property. The actual cost is computed by determining the number of additional police officers that will be required for the event, the number of hours the officers will be on duty for the event, and the city's cost of providing officers on an hourly basis. (Ord. 455 2 (part), 1996) 11-305 - Priority of use permit. (a) A person who uses a fee facility without a permit or a posted picnic area or park facility which has been reserved for exclusive use, shall vacate the area when the holder of a permit arrives on the site. (b) A person using or requesting use of a facility on a regular basis must obtain a permit.
(Ord. 455 2 (part), 1996)
11-306 - Exhibiting permit. A person who claims to have a permit for use of a park facility shall produce and exhibit copy of it upon the request of a department employee or police officer. (Ord. 455 2 (part), 1996)
Chapter 11-4 - PROHIBITIONS ON USE

Sections:
11-401 - Sign posting. 11-402 - Commercial activities. 11-403 - Use of restrooms. 11-404 - Refuse. 11-405 - Smoking. 11-406 - Consumption of alcoholic beverages. 11-407 - Fires. 11-408 - Fireworks. 11-409 - Firearms and dangerous instruments. 11-410 - Animals. 11-411 - Use of park property. 11-412 - Locks and keys. 11-413 - Vehicles in park. 11-414 - Bicycles and skateboards. 11-415 - Dangerous games and activities. 11-416 - Water safety. 11-417 - Camping. 11-418 - General nuisance.
11-401 - Sign posting. No person may conduct or participate in an activity in a park or specified area of a park which is restricted and so posted by the director. The director shall have a sign posted notifying the public of the restriction. (Ord. 455 2 (part), 1996) 11-402 - Commercial activities. A person may not practice or conduct a business, profession or commercial enterprise nor sell or offer for sale a service or article, or solicit donations of money or goods in a park without a permit. (Ord. 455 2 (part), 1996) 11-403 - Use of restrooms. No person, other than a child under six years of age accompanied by a parent or guardian, may use or enter a toilet facility specifically designated for use by the opposite sex.
(Ord. 455 2 (part), 1996) 11-404 - Refuse. (a) No person may deposit or release refuse, including but not limited to a bottle, broken glass, ashes, paper, box, can, dirt, rubbish, waste, garbage or trash in a park. Refuse which is incidental to the use of the facility may be deposited in a receptacle provided for this purpose. An incinerator, stove, fire ring, barbecue, or other device used to contain fire or for cooking is not a receptacle for refuse. (b) No person may discharge a substance, matter or thing into park waters.
(Ord. 455 2 (part), 1996) 11-405 - Smoking. Smoking of any substance is prohibited in all park facilities. (Ord. 455 2 (part), 1996) (Ord. No. 576, 2, 10-26-2009) 11-406 - Consumption of alcoholic beverages. No person may drink an alcoholic beverage in an area designated as a nature trail or nature area or in a park posted with a sign prohibiting the consumption of alcoholic beverages. The director may, through the permit process, make an exception to this section for a significant city event. (Ord. 455 2 (part), 1996) 11-407 - Fires. (a) No person may ignite or use fire in any place in a park except in a barbecue cooker or other cooking device provided by the city for that purpose and which is attached to the real property. The director may approve an exception by specifying it in the permit. (b) A person who kindles or maintains a fire in a park may not leave the area where the fire is kindled or maintained until the fire is extinguished and cold to the touch. (c) No person may ignite or maintain a fire in a can or receptacle maintained for the purpose of garbage disposal or incineration. (Ord. 455 2 (part), 1996) 11-408 - Fireworks. No person may use or possess fireworks of any kind within a park. (Ord. 455 2 (part), 1996) 11-409 - Firearms and dangerous instruments. Except for those persons listed in Penal Code Section 12031(b) and 12031(c), no person may possess in a park a dangerous weapon, device, firearm or destructive device as that term is defined in Section
12301 of the Penal Code. (Ord. 455 2 (part), 1996) 11-410 - Animals. It is a violation of this part to do any of the following acts in a park: (a) Hunt, molest, harm, provide a noxious substance to, frighten, kill, trap, chase, tease, shoot, or throw a missile at an animal or remove the young, egg, or nest of an animal; (b) (c) Abandon an animal, dead or alive; Remove an animal one does not own;
(d) Permit a dog owned or in one's possession in a park, unless the dog is under complete control at all times by a leash, or, is covered by a valid dog training permit to be displayed upon request; (e) Permit a dog on a sports field at any time unless the dog is covered by a valid dog training permit to be displayed upon request; (f) Permit a dog owned or in one's possession to defecate on a public street, sidewalk, parkway or facility in a park without immediately removing the resulting excrement. A person shall properly dispose of the excrement by placement in a public refuse receptacle at the time of occurrence. This prohibition does not apply to a person using a Seeing Eye dog; (g) Permit an animal to go into tot lots or sand play area;
(h) Permit cattle, sheep, goat, horse, or other animal owned or in one's possession to graze within the boundaries of a park without written approval of the director; (i) Ride or lead a horse, pony, mule, burro, or other animal onto or over real property within a park other than at times and upon roads or trails designated and posted for riding of animals. (Ord. 455 2 (part), 1996) 11-411 - Use of park property. It is a violation of this chapter to do any of the following acts in a park: (a) Dig up, pick, remove, mutilate, injure, cut or destroy a turf, tree, plant, artifact, or archaeological site; (b) Cut, break, injure, deface or disturb a building, sign, fence, bench, structure, apparatus, equipment, or other property; (c) Make or place a rope, wire, mark, writing, printing, sign, card, display, or similar inscription device on a tree, plant, building or property without the written approval of the director; (d) Deposit earth, sand, rock, stone, or other substance or remove such material from a park, or attempt to erect a building, wharf or structure of any kind or encumber any portion of the real property owned, operated, controlled or managed by the department, without the written approval
of the director. (Ord. 455 2 (part), 1996) 11-412 - Locks and keys. No person other than one acting under the direction of the director may duplicate a key used by the department for a padlock or door lock, nor shall a person divulge the combination of a lock so equipped to an unauthorized person. (Ord. 455 2 (part), 1996) 11-413 - Vehicles in park. It is a violation of this part to do any of the following acts in a park: (a) Drive a Vehicle Onto Park Grounds. For the purpose of this prohibition, park grounds include all areas within a park except for a roadway and parking lot intended for public use; (b) Drive a vehicle, except an authorized emergency vehicle, at a rate of speed exceeding five miles per hour or as otherwise posted, or in any case at a speed exceeding safe conditions dictated by prevailing circumstances; (c) Park a vehicle within a park facility except in an area specifically designated as a parking area or park a vehicle in any location in a manner that presents a hazard to the public; (d) Park an automobile during the hours the facility is closed without a permit. The director may tow a vehicle parked in violation of this provision; (e) Abandon a vehicle;
(f) Operate a vehicle which is not equipped with a properly installed muffler device which when in constant operation prevents excessive or unusual noise; (g) (h) Wash, repair or advertise a vehicle for sale; and Drive a vehicle onto a sports field without the written approval of the director.
(Ord. 455 2 (part), 1996) 11-414 - Bicycles and skateboards. It is a violation of this part to do any of the following acts in a park: (a) Roller-skate, ride a bicycle or skateboard on a grassy area, path or walkway designated and posted exclusively for pedestrian use. A bicyclist may push a bicycle by hand over a grassy area, path or walkway; (b) Leave a bicycle or skateboard in a place or position where a person may trip over or be injured by it. A bicycle shall be left in a bicycle rack when one is provided and there is a space available. (Ord. 455 2 (part), 1996)
11-415 - Dangerous games and activities. It is a violation of this part to do any of the following acts in a park: (a) Drive, chip, play or practice golf, or hit golf balls unless the area is designated for that use;
(b) Operate a self-propelled or radio-controlled model airplane, boat, automobile, or other model craft; (c) Hang-glide, parachute or parasail;
(d) Engage in any activity or operate any device recklessly or negligently so as to endanger the life, limb or property of a person; (e) Possess or discharge a paint gun, spear, bow and arrow, crossbow, slingshot, air or gas weapon, or other dangerous weapon within a park; and (f) Conduct a hardball baseball game except on a designated sports field.
(Ord. 455 2 (part), 1996) 11-416 - Water safety. No person may swim, bathe, wade, tube or raft in any water in a park. (Ord. 455 2 (part), 1996) 11-417 - Camping. No person may camp without a permit. No person may lodge in a motorhome within a park. (Ord. 455 2 (part), 1996) 11-418 - General nuisance. It is a violation of this part to do any of the following acts in a park: (a) Use or operate a radio receiving set, musical instrument, phonograph, television set, public address system, or other machine or device for producing or reproducing sound in such a manner as to disturb the peace, quiet and comfort of a park user or reasonable person of normal sensitivity residing in the area without the written approval of the director. The use of such device or machine so that the sound produced is audible at a distance in excess of 50 feet is considered a prima facie violation of this section; (b) Use a threatening, abusive, boisterous, loud, insulting or indecent language or gesture, which is inherently likely to provoke an immediate violent reaction or disturb the peace of a park user or reasonable person of normal sensitivity; or engage in conduct that unreasonably and unnecessarily impairs the lawful use and enjoyment of a park by another person or impairs the ability of the city's employees to perform their authorized duties. (Ord. 455 2 (part), 1996)
Chapter 11-5 - ENFORCEMENT

Sections:
11-501 - Violation an infraction or misdemeanor. 11-502 - Sanctions for violation of regulations. 11-503 - Authority to arrest. 11-504 - Penalties.
11-501 - Violation an infraction or misdemeanor. (a) A person who, without a permit, uses a facility for which a permit is required and continues to use it after being ordered to vacate the facility or who violates a regulation contained in this chapter is guilty of an infraction, unless the violation is made a misdemeanor. (b) A person who violates the fireworks provision in Section 11-408 is guilty of a misdemeanor and is punishable as provided in Sections 1270012702 of the Health and Safety Code. (c) A person who violates the firearms provision in Section 11-409 is guilty of a misdemeanor and is punishable as provided in Section 1-302(a). (Ord. 464 1, 1996: amended during 6/96 supplement; Ord. 455 2 (part), 1996) 11-502 - Sanctions for violation of regulations. (a) The director may revoke a permit, or deny any future application for a permit, upon a finding of violation of this part or upon a finding of violation of other applicable state or local law. (b) The director may eject a person who violates a regulation contained in this part from a park facility.
(Ord. 455 2 (part), 1996) 11-503 - Authority to arrest. Under Section 5380 of the Public Resources Code, the director and each uniformed park and recreation employee designated by the director, has the authority and immunity of a public officer and employee set forth in Section 836.5 of the Penal Code to make an arrest and issue a citation for a misdemeanor violation committed in a park in that person's presence. (Ord. 455 2 (part), 1996) 11-504 - Penalties. (a) Except as provided in subsection (b) of this section, or in Section 11-501(b) and (c), a violation of a provision of this chapter or a rule or regulation adopted under this chapter is punishable as an infraction and upon conviction may be punished by a fine of $100.00 for the first violation, $250.00 for the second violation within one year, and $500.00 for each succeeding violation within one year. Each person is guilty of a separate offense for each and every day during any portion of which the violation of a provision of this chapter is committed, continued or permitted by that person.
(b) Malicious injury or destruction of a real or personal property which constitutes vandalism under Section 594 of the Penal Code shall be prosecuted as a violation of Penal Code Section 594 and is punishable as a misdemeanor as provided in Penal Code Section 594. (Ord. 464 2, 1996: amended during 6/96 supplement; Ord. 455 2 (part), 1996)
Part 2. - Water Reuse

Chapter 11-6 - RECYCLED WATER FOR LANDSCAPING
Chapter 11-6 - RECYCLED WATER FOR LANDSCAPING

Sections:
11-601 - Findings. 11-602 - Purpose. 11-603 - Definitions. 11-604 - Designated recycled water areas. 11-605 - City owned improvements and properties. 11-606 - Development applications for subdivisions and parcel maps.
11-601 - Findings. The city council finds that: (a) The waters of California are of limited supply and subject to ever-increasing demands;
(b) Landscape design, installation and maintenance can and should be water efficient as much as practicable; (c) When non-potable water is available, feasible, and consistent with applicable legal, public health, safety and environmental requirements, it should be used for landscaping; and (d) It is the policy of the City of Lafayette that recycled water determined to be available pursuant to Section 13550 of the Water Code shall be used for non-potable uses within a designated recycled water use area as set forth in this chapter when the city determines that there is not an alternative higher or better use for the recycled water, its use is economically justified, and its use is financially and technically feasible for projects under consideration by the city. (Ord. 525 1, 2002)
11-602 - Purpose. The purposes of this chapter are to encourage recycling of water through cooperation with the East Bay Municipal Utility District, the public agency that provides water to the city of Lafayette, to establish procedures for such cooperation in the development of recycled water projects, and to encourage the use of recycled water for public and private landscaping whenever it is feasible and consistent with applicable legal, public health, safety and environmental requirements. (Ord. 525 1, 2002) 11-603 - Definitions. The following terms are defined for purposes of this chapter: (a) "Designated recycled water areas" means precise geographic areas designated by East Bay Municipal Water District as having a dependable supply of non-potable water available or where the feasibility of distributing a non-potable water supply has been determined and recycled water reuse projects are required by the district. (b) "Non-potable water" means water that is unsuitable for human consumption. Groundwater and other subsurface or surface water that may be used for a beneficial purpose in compliance with applicable local, state and federal laws defining standards for non-potable water uses. (c) "Potable water" means water that conforms to federal, state and local agency standards for human consumption. (d) "Recycled water" means water that, as a result of treatment, is suitable for direct beneficial use or controlled use that would not otherwise occur. (Ord. 525 1, 2002) 11-604 - Designated recycled water areas. The East Bay Municipal Utility District may designate an area as a recycled water project area. In such an area, the district may require installation of separate dedicated meters and systems for use of non-potable water for appropriate and approved uses at the time of service or in the future. A map showing each designated recycled water project area is on file in the city's office of the community development director. Consumer and others within a designated recycled water area who received water from the district before the district's designation of the area, may, at the discretion of the district be connected to the non-potable system in accordance with the district's applicable regulations. (Ord. 525 1, 2002) 11-605 - City owned improvements and properties. Where appropriate, the city shall plan and design each facility for its major new improvements and new property within a designated recycled water area to accommodate a recycled water project in accordance with this chapter. (Ord. 525 1, 2002)
11-606 - Development applications for subdivisions and parcel maps. (a) Applications. Every development application for a new subdivision or parcel map within a designated recycled water area filed with the planning and building services division shall be referred to East Bay Municipal Utility District for determination and possible designation by the district of requirements for water recycling. These requirements may include a separate plumbing system from the potable water system to serve non-potable uses in the common areas of the subdivision, including, but not limited to, parks, greenbelts, landscaped streets and landscaped medians. The planning and building services division shall refer an application to the district as soon as practicable after an application is filed, but in no event more than ten days after the application is deemed complete. (b) Project approval. The hearing body for an application for a subdivision or parcel map within a designated recycled water area may not approve the application until written notification of all requirements imposed and required by the district for non-potable water facilities is received, reviewed and considered for inclusion as conditions for approval. If the district does not provide written notification within 30 days of the referral date, the hearing body may take action to approve the application. The hearing body may also take action any time and approve an application if within the next ten days the application may be deemed approved or otherwise decided by operation of law. (c) Application exemptions. An application for a subdivision or parcel map within a designated recycled water area on file with the planning and buildings services division and deemed complete on or before February 11, 2002 is exempt from this chapter. (Ord. 525 1, 2002)
Part 3. - Public Art

Chapter 11-7 - PUBLIC ART
Chapter 11-7 - PUBLIC ART

Sections:
11-701 - Purpose. 11-702 - Definitions. 11-703 - Public art requirement. 11-704 - Public art committee. 11-705 - Review process. 11-706 - Gifts of artwork. 11-707 - Criteria for public art. 11-708 - Ownership; maintenance. 11-709 - Deaccession. 11-710 - Public art fund.
11-701 - Purpose. The purpose of this chapter is to: (a) (b) Establish a public art program and its administration. Establish the City of Lafayette public art collection.
(c) Contribute to the cultural enrichment of the community by adding public art that is of the highest quality, visually stimulating and of enduring value. (d) (e) Ensure that public art is incorporated into project planning at the earliest possible stage. Establish public art gift policies and procedures.
(Ord. No. 578, 3, 1-26-2009) 11-702 - Definitions. (a) "Artist" means a person who has an established reputation of artistic excellence in the visual, performance, literary and/or media arts, as judged by peers, through a record of exhibitions, public commissions, sale of artworks, and/or educational attainment. (b) "Artwork" means all forms of art created by an artist and conceived in any discipline or medium, including visual, performance, literary, media and temporary works. (c) "City of Lafayette public art collection" or "city collection" means all artworks owned by the City of Lafayette or installed on property under the jurisdiction of the city. (d) "Construction or alteration" means new construction, or the rehabilitation, renovation, remodeling or improvement of more than 50 percent of the gross square footage of an existing structure. (e) "Construction or alteration cost" means the cost to build a new structure or alter an existing structure as determined by Contra Costa Building Inspection in accordance with the most current building valuation data provided by the International Conference of Building Officials for use in determining project valuation. (f) "Cost of artwork" means the total cost of design, manufacture, and installation. In the case of an artwork installed on property under the jurisdiction of the city, the cost of artwork will include an endowment for the long-term maintenance of the artwork. (g) "Deaccession" means the procedure for the removal of an artwork.
(h) "Donor" means an individual, group, organization, or business that proposes a public artwork for donation and placement or installation at a public site under city jurisdiction. When applicable, a donor is the artist(s) who created the proposed gift. (i) "Gift" means an existing or proposed artwork offered as a donation to the city for placement or installation at a public site under city jurisdiction. Alternatively, a gift is monetary for the purpose of acquiring public art for the city.
(j) "Maintenance" means actions taken to retard or prevent damage to artwork by control of the environment and/or treatment of the artwork on a routine and long-term basis. (k) "Public art" means artworks of sculpture, murals, photography, and original works of graphic art, waterworks, fiberworks, neon, glass, mosaics, or any combination of forms of visual media, furnishing or fixtures permanently affixed to a structure or its grounds, or a combination thereof displayed at a public place. (l) "Public art committee" or "committee" means the committee appointed by the city council pursuant to Section 11-704 (m) "Public place" means any exterior area on public or private property that is easily accessible and clearly visible to the general public. If located on private property, the area will be clearly visible from adjacent public property, such as a street, sidewalk, park or plaza. (n) "Public property" means property, including right-of-way, owned and/or under the jurisdiction of the city or other public agency. (Ord. No. 578, 3, 1-26-2009) 11-703 - Public art requirement. (a) Public art will be installed as a project requirement for the construction or exterior alteration of a structure or structures totaling 10,000 square feet or more when subject to the provisions of Title 6 of this Code. The installation shall be on the project site. The installation may be at an off-site public place, if requested by the project applicant, and the request is reviewed by the committee and approved by the city council. The cost of artwork will be an amount not less than one percent of the construction or alteration cost. In the case of installation of artwork on property under the jurisdiction of the city, the cost of artwork will include an endowment towards the long-term maintenance of the artwork. (b) In lieu of meeting the requirement in subsection 11-703A, the city council may allow a project applicant to pay a fee equal to one percent of the construction or alteration cost when it is found that location, siting or scale makes the provision of public art inappropriate or infeasible, or the council agrees with the applicant's reasons for not integrating public art into the project. In-lieu fees will be placed in the city's public art fund. (c) The public art requirement will not apply to the following activities: (1) (2) (3) Underground public works projects; Street or sidewalk repairs; Tree planting or median landscaping;
(4) Remodeling, repair or reconstruction of a structure damaged by fire, flooding, wind, earthquake or other calamity; (5) Affordable housing construction or alteration projects or the portion of a market-rate project designated for affordable housing; and/or (6) Construction or alteration of a structure by a public or nonprofit institution.
(Ord. No. 578, 3, 1-26-2009) 11-704 - Public art committee. A public art committee will be appointed by the city council. This committee will be composed of individuals who, by experience, training, education, occupation or avocation, have demonstrated knowledge of and interest in the visual arts. The committee will advise the city council in matters pertaining to public art acquisitions and gifts, artwork maintenance, and, when necessary, artwork deaccession. The committee will serve as steward of the city collection. The committee shall hold regular meetings, at least every three months, that are open to the public and at such times and places as it shall determine. (Ord. No. 578, 3, 1-26-2009; Ord. No. 597, 2, 6-28-2010) 11-705 - Review process. (a) An applicant seeking approval of a project subject to the requirements of Section 11-703 will submit a public art application and fee, as established by the city council, concurrent with other required project applications to the planning division. The application will include a description of the proposed artwork, budget for design, fabrication, transportation, and installation, resume of the artist, and a maintenance program and budget for the artwork. (b) The committee will consider the public art application. The committee will consider the public art proposal based on the criteria in Section 11-707 or an in-lieu request, and make a recommendation to the city council. (c) Upon receipt of the committee's recommendation, the city council will consider the public art proposal based on the criteria in Section 11-707 or an in-lieu request, and will approve or deny the proposal or request. (d) Agreement. If the city council approves the proposed artwork for property under the jurisdiction of the city, a formal agreement will be executed between the city and the project applicant. This agreement will include the costs, responsibilities, and schedule of all aspects of the project, including project funding, fabrication, site preparation, installation, maintenance budget and requirements, transfer of title, applicant's and/or artist's rights, project supervision, documentation, an identification plaque, city's rights (including deaccessioning), and other requirements established by the city. (e) Approved public art will be installed prior to a certificate of occupancy being issued for the project.
(f) An in-lieu fee will be paid to the public art fund prior to the first building permit being issued for the project. (g) Deaccession. The alteration or removal of public art that was installed as a requirement of this chapter will be subject to Section 11-709 (Ord. No. 578, 3, 1-26-2009) 11-706 - Gifts of artwork. (a) Gifts of artwork considered. (1) The city will consider a donor's offer of an existing artwork, commission of an artwork by a
specific artist or artists, or to commission an artwork through a competitive public process. (2) The city will consider proposed gifts only with the understanding that no city funds will be required for fabrication, siting or installation of the artwork. (3) Donors may be required to provide a maintenance program for the proposed gift, including estimated maintenance costs. Excessive maintenance costs may be grounds for rejection of the gift. (b) Review process. (1) All proposed gifts to the city will be referred to the committee. The committee's recommendation on the acceptance or rejection of proposed gifts will be referred to the city council for final action. (2) If the city council approves the acceptance of a gift, a formal agreement will be executed between the city and the donor and/or artist. This agreement will include the costs, responsibilities, and schedule of all aspects of the project, including project funding, fabrication, site preparation, installation, maintenance and budget requirements, transfer of title, donor's and/or artist's rights, project supervision, documentation, an identification plaque, city's rights (including deaccessioning), and other requirements established by the city. (c) Review criteria; standards for acceptance. (1) The proposed artwork will be reviewed based on the criteria listed in Section 11-707
(2) Budget. Consideration will include an evaluation of the donor's proposed budget and the artist's ability to successfully complete the project within the proposed budget, and review to assess realistic estimates and comprehensiveness of the budget as it address all costs of the proposal. (3) Unrestricted gifts. Proposed gifts to the city will be clear and unrestricted.
(4) Unique artworks. Only one-of-a-kind artworks will be considered, with the exception of prints, photographs or other limited-edition artworks of high quality. (5) Cost of artwork. Acceptance is contingent upon receipt by the city of payment from the donor for all costs associated with the gift that not covered by the donor directly, such as transportation and installation. (d) Alterations to proposed artwork design. Any significant change to the design or concept made by the artist or donor after approval of the gift proposal must be reviewed and recommended by the committee and approved by the city council. (e) Review of fabrication and installation. Artworks accepted from maquettes or drawings will be subject to city review throughout fabrication and installation. Specific plans for site design, installation, maintenance and protection will be submitted to the city for approvals. (Ord. No. 578, 3, 1-26-2009)
11-707 - Criteria for public art. (a) Guidelines for the approval of public art will include, but are not limited to the following criteria: (1) Aesthetic quality. The foremost consideration will be the inherent quality of the proposed artwork as assessed by the critical review of the public art committee. The history, reputation and/or promise of the artist may also be key considerations. (2) Relationship to the collection and to the community. The proposed artwork will be analyzed for its potential relationship to the city's present collection, the requirements of this chapter, and whether it will enhance the aesthetic quality of the community. (3) Compatibility. Conceptual compatibility and appropriateness of the proposed artwork to the surrounding built and/or natural environment will be factors for consideration, and will include scale, form, content and design. (4) Materials, fabrication and installation. The committee will evaluate the existing artwork's material or the artist's proposed materials and their appropriateness as regards structural and surface integrity, protection against theft, vandalism, public safety, and weathering, and an analysis of long-term maintenance needs. The committee will also evaluate the proposed method of installation and an evaluation of safety and structural factors involved in the installation. (b) The following items will not be considered as public art: (1) (2) Art objects which are mass-produced from a standard design; Reproductions of original artworks;
(3) Decorative, ornamental or functional elements which are designed by the project architect as opposed to an artist commissioned for the purpose of creating the artwork; or (4) Landscape architecture and landscape.
(Ord. No. 578, 3, 1-26-2009) 11-708 - Ownership; maintenance. (a) Ownership. If the artwork is installed on private property as part of an approved project, the property owner will own the artwork. Artwork installed on property under the jurisdiction of the city will be owned by the city as part of its collection. (b) Maintenance. For artwork installed on private property as part of an approved project, the property owner will be responsible for maintenance for the life of the artwork. The city will be responsible for maintenance of the artwork in the city collection, except when the artwork is deaccessioned pursuant to Section 11-709 (Ord. No. 578, 3, 1-26-2009) 11-709 - Deaccession. (a) Public art on private property. Public art that was installed as a requirement of this chapter will not be removed or altered unless the replacement or alteration is reviewed by the committee and approved by the city council pursuant to Section 11-705
(b) Public art in the city collection. In accepting an artwork into its collection, the city will not be bound by any agreement with a project applicant or donor of artwork that restricts its ability to act in the city's best interests. Nothing in the acceptance of an artwork will prevent the city from approving subsequent disposal (removal, relocation, and/or sale) of such artwork if it serves the city's best interest to do so. When disposal is proposed, the committee will review the proposal and make a recommendation to the city council for final action. The city will deaccession and sell or otherwise dispose of artworks in its collection in accordance with the limitations of the California Preservation Act (Civil Code 987) and the Visual Artists Rights Act of 1990 (17 U.S.C. 106A and 113(d)). (Ord. No. 578, 3, 1-26-2009) 11-710 - Public art fund. (a) In-lieu fees and maintenance endowments will be placed into a separate public art fund maintained by the city. Other funds designated for public art, such as awards and gifts, will be placed into the separate fund. The fund will be used exclusively to: (1) (2) (3) (4) (b) Provide sites for public art; Acquire or install public art; Commission public art for a specific site; and/or Maintain artworks in the city of Lafayette public art collection.
The committee will recommend to the city council how the public art fund be expended.
(Ord. No. 578, 3, 1-26-2009)
STATUTORY REFERENCES
FOR CALIFORNIA CITIES The statutory references listed below refer the code user to state statutes relevant to California cities. They are up to date through July, 2010. ;adv=6q> General Provisions ;adv=6q> Code adoption Government Code 50022.1 et seq. Ordinances Government Code 36900 et seq. Penalties for ordinance violations Government Code 36900 and 36901 Imprisonment Government Code 36903 and 36904 Citations for misdemeanors Penal Code 853.5 et seq. Administrative fines and penalties Government Code 53069.4 Judicial review of city decisions Code of Civil Procedure 1094.6 Expedited judicial review of First Amendment cases Code of Civil Procedure 1094.8 Elections Government Code 34050 and 36503 and Elections Code 1301, 9200 et seq. and 10100 et seq.
Classification of cities Government Code 34100 et seq. General powers Government Code 37100 et seq. and Cal. Const. art. XI 7, 9 Conflict of interest code Government Code 87100 et seq. Eminent domain Code of Civil Procedure 1230.010 et seq. ;adv=6q> Administration and Personnel ;adv=6q> City officers generally Government Code 36501 et seq. Legislative body Government Code 36801 et seq. Meetings Government Code 54950 et seq. Mayor Government Code 40601 et seq. City clerk Government Code 40801 et seq. City treasurer Government Code 41001 et seq. City assessor Government Code 41201 et seq. Chief of police Government Code 41601 et seq. City attorney Government Code 41801 et seq. Alternative forms of governmentCity manager form of government
Government Code 34851 et seq. Alternative forms of governmentElection of legislative body by or from districts Government Code 34870 et seq. Alternative forms of governmentElective mayor Government Code 34900 et seq. City records Government Code 34090 et seq. Removal from office Government Code 3000 et seq. Political activities of public employees Government Code 3201 et seq. Local planning agencies Government Code 65100 et seq. Emergency services Government Code 8550 et seq. Fire department Government Code 38611 Peace officer standards and training Penal Code 13500 et seq. Personnel system, merit system or civil service system Government Code 45000 et seq. Retirement systems Government Code 45300 et seq. ;adv=6q> Revenue and Finance ;adv=6q> Financial powers Government Code 37200 et seq. Transfer of tax function to county Government Code 51500 et seq.
Property tax assessment, levy and collection Government Code 43000 et seq. Local sales and use tax Revenue and Taxation Code 7200 et seq. Transient occupancy tax Revenue and Taxation Code 7280 et seq. Real property transfer tax Revenue and Taxation Code 11901 et seq. Unclaimed property Civil Code 2080 et seq. Unclaimed money Government Code 50050 et seq. Planning and zoning fees for specific purposes Government Code 66012 et seq. Public works and public purchases Government Code 4000 et seq. Local Agency Public Construction Act Public Contract Code 20100 et seq. Uniform Public Construction Cost Accounting Act Public Contract Code 22000 et seq. Claims against public entities Government Code 900 et seq. Development project fees Government Code 66000 et seq. ;adv=6q> Business Licenses, Taxes and Regulations ;adv=6q> Authority to license businesses Government Code 37101, Business and Professions 16000 et seq. Bingo
Penal Code 326.5 Community antenna TV systems et seq. Government Code 53066 Charitable solicitations Business and Professions 17510 et seq. Commercial filming Government Code 65850.1 Private investigators Business and Professions 7512 et seq. Taxicabs Vehicle Code 16500 et seq., 21100, 21112 and Government Code 53075.5 Gambling Control Act Business and Professions 19800 et seq. Massage parlors Government Code 51030 et seq. Automatic checkout systems Civil Code 7100 et seq. Telecommunications facilities Government Code 50030 ;adv=6q> Animals ;adv=6q> Animals generally Food and Agricultural Code 16301 et seq. Dogs Government Code 38792 and Food and Agricultural Code 30501 et seq. Potentially dangerous and vicious dogs Food and Agricultural Code 31601 et seq. Rabies control Health and Safety Code 121575 et seq.
Cruelty to animals and related offenses Penal Code 596 et seq. ;adv=6q> Health and Safety ;adv=6q> Garbage and refuse collection and disposal Public Resources Code 49300 et seq. Nuisances and nuisance abatement Government Code 38771 et seq. and Penal Code 370 et seq. Weed and rubbish abatement Government Code 39501 et seq. Littering Penal Code 374 et seq. SmokingPlaces of employment Labor Code 6404.5 California Indoor Clean Air Act of 1976 Health and Safety Code 118875 et seq. Graffiti abatement Government Code 38772 Fire prevention Health and Safety Code 13000 et seq. Fireworks Health and Safety Code 12500 et seq. Noise control Health and Safety Code 46000 et seq. and Government Code 65302(f) Hospitals Government Code 37600 et seq. ;adv=6q> Public Peace, Morals and Welfare ;adv=6q> Crimes against religion and conscience, and other offenses against good morals Penal Code 302 et seq.
Obscenity Penal Code 311 et seq. Material harmful to minors Penal Code 313 et seq. Indecent exposure, obscene exhibitions, and bawdy and other disorderly houses Penal Code 314 et seq. Crimes against the public peace Penal Code 403 et seq. ;adv=6q> Vehicles and Traffic ;adv=6q> Rules of the road Vehicle Code 21000 et seq. Local traffic rules and regulations Vehicle Code 21100 et seq. Traffic signs, signals and markings Vehicle Code 21350 et seq. Driving on right side of road, overtaking and passing Vehicle Code 21650 et seq. Right of way Vehicle Code 21800 et seq. Pedestrians' rights and duties Vehicle Code 21949 et seq. Turning, stopping and turning signals Vehicle Code 22100 et seq. Vehicle speed Vehicle Code 22348 et seq. Special stops required Vehicle Code 22450 et seq. Stopping, standing and parking
Vehicle Code 22500 et seq. Bicycles Vehicle Code 21200 et seq. and 39000 et seq. Vehicle size, weight and load Vehicle Code 35000 et seq. Penalties Vehicle Code 42000 et seq. ;adv=6q> Streets, Sidewalks and Public Places ;adv=6q> Improvement Act of 1911 Streets and Highways Code 5000 et seq. Construction of sidewalks and curbs Streets and Highways Code 5870 et seq. Underground utility districts Streets and Highways Code 5896.1 et seq. Obstructions and encroachments on public ways Government Code 38775 Municipal parks Public Resources Code 5181 et seq. Tree Planting Act of 1931. Streets and Highways Code 22000 et seq. Landscaping and Lighting Act of 1972 Streets and Highways Code 22500 et seq. Charitable solicitations Business and Professions 17510 et seq. Advertising displays Business and Professions 5230 and 5231 ;adv=6q> Public Services ;adv=6q> Municipal water systems
Government Code 38730 et seq. Municipal sewers Government Code 38900 et seq. and Health and Safety Code 5470 et seq. Water wells Water Code 13700 et seq. ;adv=6q> Buildings and Construction ;adv=6q> Authority to regulate buildings and construction Government Code 38601 and 38660 State Housing Law Health and Safety Code 17910 et seq. Adoption of construction codes Health and Safety Code 17922 and 17958 Mobile home parks Health and Safety Code 18200 et seq. Signs Government Code 38774 and 65850; Business and Professions 5200 et seq. Inspection warrants Code of Civil Procedure 1822.50 et seq. Development fees Government Code 66000 et seq. ;adv=6q> Subdivisions ;adv=6q> Subdivision Map Act Government Code 66410 et seq. ;adv=6q> Zoning ;adv=6q> Planning and Zoning Law Government Code 65000 et seq. Local authority to regulate land use Government Code 65850
Local zoning administration Government Code 65900 et seq. Open-space zoning Government Code 65910 et seq. Family day care homes Health and Safety Code 1597.30 et seq. ;adv=6q> Environmental Protection ;adv=6q> California Environmental Quality Act Public Resources Code 21000 et seq. California Noise Control Act of 1973 Health and Safety Code 46000 et seq.
ORDINANCE AND DISPOSITION TABLE

Beginning with Supplement No. 9, this table will be replaced with the "Code Comparative Table and Disposition List." Ordinance Numb er 1 Continues validity of county ordinances following incorporation (Special) 2 Adds Title 1, Municipal Code of the City of Lafayette (1-1, 1-2, 1-3 3 Adds 2-101 and 2-102, city council (2-1) 4 Special gas tax street improvement fund (9-2) 5 Adds 9-101 9-115, uniform local sales and use tax (9-1) 6 Adds 9-201 9-211, documentary stamp tax on sale of real property (9-2) 7 Adds 9-301 9-314, transient occupancy tax (9-3) 8 Imprisonment in county jail (1-3) 9 (Not adopted) 10 Adds 2-201 2-212, planning commission (2-2) 11 Amends 2-102, city council (2-1) 12 Clarification of provisions incorporating county ordinances (Repealed by 25) 13 Supersedes county code 2205.10, subdivisions (Repealed by 25) 15 Adds 7-101 7-110, gas franchise grant (7-1) 16 Adds 7-201 7-211, electricity franchise grant (7-2) 17 Land use permits (Repealed by 25) 18 Adds 7-301 7-305, 7-311 7-312, 7-321 7-331, 7-341 7-354, 7-361 7-363 and 7-371 7-374, utility service regulations (7-3) 19 Vehicle weight limits (Repealed by 22) 20 Adds 2-201 2-216, city manager (2-2) 21 Adopts by reference portions of county code; amends county code 2205.10 and 8149 8165, and various terms; and establishes penalty provisions (Repealed by 131) 22 Adds 8-701 8-705, vehicle weight limits; repeals Ord. 19 (Repealed by 149) 23 Adds 8-601 8-604, firearms (8-6) 24 Adds 9-401 9-403, tax assessment and collection duties to be performed by county (9-4) 25 Adds Ord. 2 2 5 as 1-101 1-104, 11 24 as 1-201 1-214, 31 34 as 1-301 1-304, 41 49 as 1-401 1-409, Ord. 4 1 3 as 9-201 9-203, Ord. 5 1 14 as 9-301 9-314, and Ord. 14 1 and 2 as 5-101 and 5-102; renumbers 2-201 2-212 to be 2-301 2-312, 9-401 9-403 to be 9-101 9-103, 9-201 9-211 to be 9-401 9-411 and 9-301 9-314 to be 9-501 9-514; amends 1-302, penalty; and repeals 1 and 51 of Ord. 2, 15, 16 and 18 of Ord. 5,
26 27 28 29 30 31 32
33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59
11 of Ord. 15, 11 of Ord. 16, and Ords. 12, 13 and 17 (1-1, 1-2, 1-3, 2-3, 5-1, 9-1, 9-2, 9-3, 9-4, 9-5 Adds 2-401 2-412 and 8-101 8-122, walkways (8-1) Adds 8-501, miscellaneous offenses; repeals 1(22) (county code 6300 and 6301) of Ord. 21 (Repealed by 154) Adds 8-801, traffic regulations (Repealed by 348) Adds 8-301 8-310, civil defense (Repealed by 313) Adds 5-103 and amends 5-101, adopting county regulations (Repealed by 371) Adds 8-502, miscellaneous offenses (8-5) Adopts by reference county code 77-1.102 77-7.1118 and amends county code 8494.10 and 8600, grading; repeals 1(37) (county code 7700 7755) of Ord. 21 (Repealed by 131) Amends 8-122, walkways (8-1) Extends provisions of Ord. 17 (Special) Adds 1-501 1-513, 2-501 2-512, and 6-2501 6-2558, signs; repeals 1(44) (county code 8345 8363) of Ord. 21 (Repealed by 317) Adds 1-305, land use permits (1-3) (Number not used) Adds 2-601 2-609; repeals 1(35) (county code 7576 and 7577) of Ord. 21 (2-6) Amends 2-311, planning commission (2-3) Rezone (Special) Repeals and replaces adopted county code 8125, parking (1-5, 6-23 Amends 6-2548, signs (Repealed by 371) Amends 2-303, planning commission (2-3) Adds 1-401 1-403, arrests; repeals former 1-401 1-409 (1-4) Adds 6-3001 6-3003, miscellaneous uses of land (6-23) Repeals and replaces 6-2515 6-2517, signs; and repeals 6-2518 6-2521 (Repealed by 371) Amends 5-101, animal control (Repealed by 131) Adds 6-501, 6-901 6-906 and 6-908 6-911, zoning; repeals 1(40) (county code 8160) of Ord. 21 (Repealed by 155) Adds 6-701 6-715, zoning; repeals 1(40) (county code 8142 and 8143) of Ord. 21 (6-7) Adds 6-519 and 6-1221 6-1224, zoning; repeals 1(40) (county code 8167) of Ord. 21 (6-5, 6-12 Adds 6-1101 6-1112, zoning; repeals 1(40) (county code 8166) of Ord. 21 (6-11) Adds 6-821 6-838, 6-841 6-858 and 6-861 6-878, zoning; repeals 1(40) (county code 8151, 8152 and 8152.5) of Ord. 21 (Repealed by 139, 141 and 146) Rezone (Special) Adds 6-502 6-515, 6-517 and 6-518; amends 6-501, zoning; repeals 1(40) (county code 8100 8118) of Ord. 21 (6-5) Rezone (Special) Adopts amendments to adopted county code sections (Repealed by 131) Rezone (Special) Adds 6-907; amends 6-906, 6-910 and the name of 6-911, zoning (Repealed by 155) Adds 6-516, 6-520, 6-521 and 6-522, zoning; repeals 1(38), (40) and (44) (county code 8120, 8121, 8122, 8123, 8124, 8125, 8163, 8163.1, 8164, 8315 8323, and 8330
Page 2 of 16
60 61 62 63
64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98
8338) of Ord. 21 (6-5) Adds 6-921 6-931, zoning; repeals 1(40) (county code 8161) of Ord. 21 (Repealed by 151) Adds 2-701 2-719, youth commission (Repealed by 376) Adds 2-801 2-809, recreation commission (2-8) Adds 6-501(pp), 6-523, 6-524, 6-721 6-733, 6-741 6-753, 6-761 6-773, 6-781 6-793, 6-7101 6-7113, 6-7121 6-7133, 6-7141 6-7153, 6-801 6-813, and 6-941 6-951, zoning; repeals 1(39), (40) and (44) (county code 8144, 8145, 8146, 8148, 8148.7, 8149, 8153, 8154, 8370, 8371 and 8372) of Ord. 21 (6-5, 6-7, 6-9 Adopts by reference county code 2204.95, zoning (Repealed by 131) Adds 6-1001 6-1016, 6-1021 6-1034 and 6-1301 6-1314, zoning; repeals 1(40) (county code 8157.5, 8158 and 8158.5) of Ord. 21 (6-13) Amends 2-705, youth commission (Repealed by 376) Adopts amendments to adopted county code sections (Repealed by 131) Adds 6-1201 and 6-1211 6-1215, zoning (6-12) Amends 2-408, walkways commission (Repealed by 452) Adds 6-1321 6-1331 and 6-1341 6-1351, zoning; repeals 1(40) (county code 8155, 8156 and 8157) of Ord. 21 (6-13) Rezone (Special) Amends 6-2554, signs (Repealed by 371) Amends 2-402, walkways commission (Repealed by 452) Amends 2-303, planning commission (2-3) Adds 2-901 2-905, investment of city funds (9-6) Adds 8-901 8-903, automatic communications devices (8-9) Repeals 1(40) (county code 8162) of Ord. 21 (Repealer) Rezone (Special) Adds 8-201 8-257, bicycles (8-2) Amends 6-523, 6-524, 6-723, 6-743 and 6-763, zoning (6-5, 6-7 Adds 6-1332, zoning (6-13) Adds 6-2503, signs; repeals 6-2531(a) (Repealed by 317) Amends 4 of Ord. 38 and 2-609(a), tree commission (2-6) Amends 6-7108, 6-7123(d) and 6-7143(e), zoning (6-7) Amends 6-742, zoning (6-7) Amends 8-901, automatic communications devices (8-9) Amends 2-702, 2-703, 2-705 and 2-706, youth commission (Repealed by 376) Interim zoning (Special) Annexation (Special) Interim zoning (Special) Adds 6-1601 6-1603, 6-1611 6-1618, 6-1621 6-1624, dedication of land for park and recreation purposes (6-16) Rezone (Special) Zones certain property (Special) Rezone (Special) Adds 8-270 8-274, bicycle lanes (8-2) Adds 7-313, 7-314, 7-315 and 7-316, utility service regulations (7-3) Rezone (Special) Rezone (Special)
Page 3 of 16
99 100 101
102 103 104 105 106 107 108 109 110 111 112 113 114 115
116 117 118 119 120 121 122 123 124 125 126 127 128
129 130 131
132
Amends 8-113, permits (8-1) Repeals 1(42) (county code 8168) of Ord. 21 (Repealer) Adds 6-101 6-252, zoning general administration; amends 6-837, 6-857, 6-877, 6-909, 6-929, 6-1015, 6-1033, 6-1224 and 6-1313 and county code 8422, 8424, and 8490; and repeals portions of Ord. 21 (county code 2203 2207.50) and Ord. 106 (6-1, 6-2, 6-12, 6-13 Amends 2-704, youth commission (Repealed by 376) Limiting peddling and hawking (Special) Adds 6-1625 and amends 6-1604, 6-1612, 6-1613, 6-1615 and 6-1624, zoning (6-16) Amends 2-306, planning commission (2-3) Adds 6-202 and 6-228, zoning; repeals portions of county code 2203.13, 2205.20, 8422(b), 8424 and 8490(c) (Repealed by 101) (Not adopted) Zones certain property (Special) Adds new 1613 and renumbers former 6-1613 6-1618 to be 6-1614 6-1619; amends 6-1604, 6-1611, 6-1612 and 6-1616, zoning (6-16) Adds 6-814 and 6-525, zoning (6-5) Places land into study combining district (Special) Rezone (Special) (Not adopted) Special municipal bond election (Special) Amends 6-501, 6-703, 6-704, 6-722, 6-723, 6-742, 6-743, 6-762, 6-763, 6-782, 6-783, 6-7102, 6-7103, 6-7122, 6-7123, 6-7142, 6-7143, 6-802, 6-803, 6-823, 6-843, 6-844, 6-863, 6-864, 6-1322, and 6-1323, zoning (6-7, 6-13 Rezone (Special) Amends 6-501(ff), zoning (Repealed by 221) Adds 9-313 and 9-314 and renumbers former 9-313 and 9-314 to be 9-315 and 9-316; amends 9-311, zoning (9-3) Rezone (Special) Amends 6-704(d), 6-723(f), 6-743(f), 6-763(f), 6-783(g), 6-803(g), 6-824(e), 6-844(e), 6-864(f), 6-1003(g), 6-1023(d), 6-1304(a) and 6-1323(f), zoning (6-7, 6-13 Adds 2-1001 2-1012, traffic commission (Repealed by 450) Rezone (Special) Amends 8-113, permits (8-1) Adds 2-1101 2-1112, commission on needs of the aging (2-11) Amends 6-524, zoning (6-5) Redevelopment agency (2-9) Annexation (Special) Adds 2-1201 2-1215; amends 6-101, 6-107, 6-108, 6-2515, 6-2516, 6-2517, 6-2531, 6-2532, 6-2536, 6-2537, 6-2544, 6-2545, 6-2546, 6-2547, 6-2548, 6-2551, 6-2553 and 6-2556; repeals 2-501 2-512, zoning (Repealed by 317) Adds (qq) to 6-501; adds Art. 5 ( 6-881 6-890) to Ch. 6-8, zoning (6-8) Zones certain property (Special) Adopts by reference portions of county code; amends county code 94-2.604, 94-2.1002, 922-2.206 and various terms; establishes penalty provisions; and repeals 4 of Ord. 101 and Ords. 21, 32, 47, 56, 64 and 67 (1-3, 6-30 Rezone (Special)
Page 4 of 16
133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175
Amends 2-101 and 2-102, city council (2-1) Adds 2-1301 2-1309, CATV advisory commission (Repealed by 346) Amends 2-801, 2-803, 2-806 and 2-809, recreation commission (2-8) Adds 2-1401 2-1409, off-street parking commission (Repealed by 451) Adds new 6-801 6-816 and repeals former 6-801 6-814, zoning (6-8) Rezone (Special) Adds new 6-861 6-878 and repeals former 6-861 6-878, zoning (6-8) Rezone (Special) Adds new 6-821 6-840 and repeals former 6-821 6-838, zoning (6-8) Rezone (Special) Amends 2-704, youth commission (Repealed by 376) Annexation (Special) Rezone (Special) Adds new 6-841 6-860 and repeals former 6-841 6-858, zoning (6-8) Rezone (Special) Amends 6-2517, signs (Repealed by 371) Repeals and replaces 8-701 8-705, truck routes; repeals Ord. 22 (Repealed by 153) Amends 2-101, city council (2-1) Adds 6-921 6-936 and repeals former 6-921 6-930 (Repealed by 245) Rezone (Special) Amends 8-701 8-705, truck routes; repeals Ord. 149 (8-7) Adds 4-101 4-104, 4-111 4-124 and 4-131, fortunetelling; repeals 8-501 (4-1) Adds subsection (i) to 6-923 and 6-901 6-916, zoning; repeals former 6-901 6-911 (6-9) Rezone (Special) Amends 2-202 and 2-207, city manager (2-2) Adds 6-8101 6-8113, zoning (6-8) Adds 6-2101 6-2138, historical landmarks (6-21) Rezone (Special) Interim zoning regulations (Special) Adopts by reference portions of county code (1-5) (Not adopted) Rezone (Special) Adds 2-1501 2-1509, property protection commission (2-15) Amends name of Ch. 2-14 and 2-1401, 2-1402, 2-1406 and 2-1409, off-street parking commission (Repealed by 451) Adds 6-1801 6-1809, floodplain areas (Repealed by 247) Interim zoning (Special) Interim zoning (Special) Adds 6-1001 6-1015, zoning; repeals former 6-1001 6-1034 (6-10) Rezone (Special) Adds 4-201 4-218, bingo (4-2) Rezone (Special) Rezone (Special) Adds Division 919 and Article 922-4.14 to adopted provisions of county code and 6-1113 and 6-2001 6-2008, zoning (1-5, 6-11, 6-20
176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214
215 216
Adds 7-401 7-4173, cable television (Repealed by 371) Adds 5-201 5-209, noise (5-2) Amends 2-809, recreation commission (2-8) Adopts by reference portions of county code (1-5) CATV franchise grant (Special) Adds 6-601 6-661, off-street parking; repeals 1(e)(1) (county code Ch. 82-16) of Ord. 131 (6-6) Amends 4 (county code 14.8.002, 14.8.004, 51-4.404, 416-4.204, 416-4.604) of Ord. 131, penalties; repeals county code 416-4.602 as adopted by Ord. 131 (1-3, 1-5 Rezone (Special) Amends 2-1501 and 2-1503, property protection commission (2-15) Adds subsection (rr) to 6-501 and 6-7161 6-7179, zoning (Repealed by 410) Annexation (Special) Amends name of Ch. 2-8 and 2-801 2-802, recreation commission (2-8) Amends 4-202, 4-203, 4-204, 4-205, 4-215 and 4-218, bingo (4-2) Interim zoning (Special) Amends 2-1301 2-1303, CATV advisory commission (Repealed by 346) Rezone (Special) Amends 7-433, CATV (Repealed by 371) Amends 6-902, 6-903 and 6-904, zoning (6-9) Amends 6-2002(b), zoning (Repealed by 412) Zones certain property (Special) Amends 6-1616, parkland dedication regulations (6-16) Adds 1-601, fees for city services (Repealed by 446) Rezone (Special) Rezone (Special) Adopts by reference portions of county code (1-5) Conditional rezone (Special) Adds 8-401 and 8-402, gambling; repeals county code Arts. 52-2.2 and 52-2.4 as adopted by Ord. 131 (1-5, 8-4 Interim zoning (Special) Interim zoning (Special) Interim zoning (Special) Rezone (Special) Interim zoning (Special) Zones certain property (Special) Zones certain property (Special) Zones certain property (Special) Zones certain property (Special) Moratorium on office uses (Special) Zones certain property (Special) Adds 2-501 2-509 and amends 6-101, 6-107, 6-108, 6-2515, 6-2516, 6-2532, 6-2536, 6-2537, 6-2544, 6-2545, 6-2546, 6-2547, 6-2548, 6-2551, 6-2553 and 6-2556, sign commission; repeals 2-1201 2-1215 (Repealed by 317) Amends 2 of Ord. 212, moratorium on office uses (Special) Amends name of Ch. 2-15 and 2-1501, 2-1502 and 2-1506, crime prevention commission (2-15)
Page 6 of 16
217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249
250 251 252 253 254 255 256
Extends moratorium on office uses (Special) Adds 6-35381 6-35387, condominium conversions (6-32) Adds 8-801 8-8144, traffic; repeals county code Chs. 46-2, 46-4 and 46-6 as adopted by Ord. 131 (8-8) Rezone (Special) Adds 6-301 6-359, 6-401 6-438, 6-550 6-555, 6-901 6-916 and 6-961 6-974, zoning; repeals former 6-501, 6-506 and 6-901 6-915 (6-3, 6-4, 6-5, 6-9 Rezone (Special) Rezone (Special) (Not adopted) Rezone (Special) Rezone (Special) Rezone (Special) Adopts by reference portions of county code (1-5) Interim zoning (Special) Adds 8-503, use of vehicles (8-5) Extends moratorium on office uses (Special) Amends 6-523, zoning (6-5) Amends 2-1401 and 2-1403, parking commission (Repealed by 451) Amends 2-1509, crime prevention commission (2-15) Prezone (Special) Amends 3(d)(1) of Ord. 180, CATV franchise (Special) Zones certain property (Special) Amends 2-1502, crime prevention commission (2-15) Amends 6-604, parking development payment (6-6) Adds 6-320, 6-331, 6-339 and 6-350 and amends 6-1323, zoning; repeals 6-315, 6-344, 6-345, 6-352, 6-356 and 6-357 (6-3, 6-13 Rezone (Special) Interim zoning (Special) Adds 6-526 and amends 6-355, zoning (6-3, 6-5 Adds 8-1001 8-1033, motorcycles (8-10) Adds 6-410, 6-422, 6-921 6-935 and 6-981 6-996, zoning (6-4, 6-9 Amends 8-1001(a), 8-1003, 8-1011, 8-1012, 8-1015(a), 8-1016(b), 8-1022(b) and 8-1022(g), motorcycles; repeals 8-1032 (8-10) Adds 6-1801 6-1837, flood damage prevention; repeals former Ch. 6-18 (Repealed by 368) Continues interim authorized rates for CATV (Special) Adds 6-2502(cc), (dd) and (ee), 6-2518, 6-2530 and 6-2540; amends 6-2502(g), (j), (aa), (bb) 6-2512, 6-2515(c), 6-2523(b), 6-2524(a), 6-2533(b), 6-2534, 6-2543, 6-2544 and 6-2555, signs; repeals 6-2517, 6-2531 and 6-2556 (Repealed by 317) Adopts by reference portions of county code (1-5) Rezone (Special) Moratorium on office uses (Special) Continues interim authorized rates for CATV (Special) Extends moratorium on office uses (Special) Increases monthly service rate for CATV (Special) Zones certain property (Special)
Page 7 of 16
257 258 259 260 261 262 263 264 265 266
267 268 269 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298
Rezone (Special) Increases authorized rates for CATV (Special) Adds 7-501 7-5173, CATV (Repealed by 383) Grants CATV franchise (Special) Amends 6-603(a)(1), (a)(5), 6-609, 6-610, 6-622, 6-629 and 6-712, zoning (6-6, 6-7 Adds 8-504, selling from vehicles (8-5) Adopts by reference portions of county code (1-5) Adds 2-1601 2-1605, municipal elections (2-16) Adds subsection (p) to 6-2526, (a) to 6-2531 and (e) to 6-2541; amends 6-2522, 6-2526, 6-2534 and 6-2543, signs (Repealed by 317) Adds 6-431, 6-432, 6-704(m), 6-723(k), 6-743(k), 6-763(k), 6-783(k), 6-7103(j) and (k), 6-7123(j) and (k), 6-7143(j) and (k), 6-7164(h) and (i), 6-1323(i) and (j) and 6-1343(i) and (j); amends 6-1323(g) and 6-1343(c), zoning; repeals 6-314, 6-318 and 6-521 (6-4, 6-13 Interim zoning (Special) Moratorium on construction of wind energy conversion systems (Special) Adds 6-997, zoning (6-9) Amends 6-2002(a)(3), (b), 6-2004(b), 6-2006 and 6-2007, zoning (Repealed by 412) Amends 7-4133 CATV (7-5) Extends moratorium on construction of wind energy conversion systems (Special) Amends 6-526, zoning (6-5) Adds 6-527 and amends 6-103, 6-105 and 6-350, zoning (6-1, 6-3, 6-5 Moratorium on construction of helicopter landing places (Special) Amends 6-641, zoning (6-6) Adds 6-1401 6-1410, wind energy conversion systems (6-14) Amends 6-822, 6-823, 6-824, 6-826, 6-829, 6-830, 6-831, 6-832, 6-833, 6-834, 6-835 and 6-836, zoning (6-8) Amends 6-862, 6-863, 6-864, 6-868, 6-869, 6-870, 6-871, 6-872, 6-873, 6-874, 6-875 and 6-878, zoning (6-8) Adds 6-529, zoning (6-5) Adds 6-528, 8-1101 and 8-1102, helicopters (6-5, 8-11 Amends 2-206, city manager (2-2) Zones certain property (Special) Rezone (Special) Adds 8-1401 and 8-1402, municipal solar utility (8-14) Adds 6-2201 6-2206, merger of contiguous parcels; repeals 6-507(c) (6-5, 6-22 Adopts by reference portions of county code; amends adopted county code 94-2.610, subdivisions (1-5, 6-30 Adopts by reference amendments to county code (1-5) Adds 1-306 and amends 1-301 and 1-302, penalties (1-3) Amends 6-603(d) and 6-621, parking (6-6) Adds Ch. 10-1, purchasing (Repealed by 479) Interim sign design review committee; repeals Ch. 2-5 (Repealer) Amends 6-2202(2) and (3) and 6-2205, merger of contiguous parcels (6-22) Transfers CATV franchise (Special) Amends 6-928, 6-929, 6-930, 6-931 and 6-932, zoning (6-9) Amends 1 of Ord. 293, interim sign design review committee (Special) (Not adopted)
Page 8 of 16
299 300
301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324
325 326 327 328 329 330 331 332 333 334 335 336
Amends 2-1301 and 2-1308, CATV advisory commission (Repealed by 346) Adds 6-560 6-566; amends 6-102(d), 6-704(f), 6-723(l), 6-743(l), 6-763(l), 6-783(c), 6-7103(c), 6-7123(c), 6-7143(c), 6-7164(j), 6-1323(c) and 6-1343(k), zoning; repeals former 6-704(f), 6-783(c), 6-7103(c), 6-7123(c), 6-7143(c) and 6-1323(c) (6-1, 6-5, 6-13 (Not adopted) Zones certain property (Special) (Not adopted) Adds 2-1701 and 2-1702, city council vacancies (2-17) Interim sign design review committee (Special) Authorizes execution of county provisions on animal control (1-5) Amends adopted county code 416-4.210, 416-4.406, 416-4.218, 416-6.400, 416-12.411, 416-12.416, 416-12.417 and 416-12.420, animal control (Not codified) Adopts by reference portions of county code (1-5) Amends 9-313, 9-313.1 and 9-314, exclusions and exemptions (9-3) Amends 9-503, uniform transient occupancy tax (9-5) Adds 8-1401 8-1408, time-of-sale residential weatherization disclosure (Self-repealing) Adds 6-641(u) and (v) and amends 6-641(j) and 6-609, zoning (6-6) Adds 8-312 and 8-313; repeals and replaces 8-301 8-311, emergency organization and functions; repeals Ord. 29 (Repealed by 426) Adds 6-891 6-892; amends 6-882, 6-885, 6-887 6-890, zoning (6-8) Amends 2-802 and 2-809(e), parks and recreation commission (2-8) Moratorium on dwelling units for servants or family members (Special) Adds 6-2501 6-2564, signs; repeals Ords. 35, 82, 128, 214, 249 and 265 (Repealed by 434) (Not adopted) Extends moratorium on dwelling units for servants or family members (Special) Rezone (Special) Adopts by reference portions of county code (1-5, 8-9 (Not adopted) Adds 6-966(c) and amends 6-966(a), zoning (9-6) Adds 6-270 6-281 and amends 6-101, 6-107, 6-108, 6-2515, 6-2516, 6-2518, 6-2531, 6-2532, 6-2536, 6-2537, 6-2544, 6-2545, 6-2546, 6-2547, 6-2548, 6-2551, 6-2553, 6-1012, 6-2008, 6-816, 6-839, 6-859, 6-877, 6-889, 6-8112, 6-1014, 6-914, 6-934, 6-973 and 6-995, design review; repeals 6-204, 6-217 and 6-219 (6-1, 6-2, 6-8, 6-9, 6-10 Adopts by reference portions of county code (1-5, 8-15 Adds 2-501 2-508, design review committee (Repealed by 427) Amends 2-1301 and 2-1308, CATV advisory commission (Repealed by 346) Rezone (Special) (Not adopted) Adds 8-751 8-758, interstate trucks (8-7.5) Rezone (Special) Extends moratorium on dwelling units for servants and family members (Special) Amends 6-1343(d), zoning; repeals 6-704(j), 6-723(c), 6-743(c), 6-763(c), 6-783(d), 6-7103(d), 6-7123(d), 6-7143(d) and 6-7164(c) (6-13) Adds 6-1802(i) and (j), 6-1841 and 6-1842, flood damage prevention (Repealed by 368) Adds 8-1701 8-1707, drainage study fee (8-17) Adds 1-215, general provisions (1-2)
Page 9 of 16
337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359
360 361 362 363 364 365 366 367 368 369 370 371
372 373
Adds 6-3207 and amends 6-35384, 6-35386 and 6-35387 and renumbers 6-35381 6-35386 to be 6-3201 6-3206 and 6-35387 to be 6-3208, zoning (6-32) Amends Art. 9 of Ch. 6-7, zoning (Repealed by 410) Amends 2-101, 2-102 and 2-306, meeting times and places (2-1, 2-3 Adds 5-301 5-311, regulation of smoking in designated places (Repealed by 393) Amends adopted county code provisions (Repealed by 363) Amends 6-426, zoning (6-4) Adds 8-8107; amends 8-8101, parking (8-8) Rezone (Special) Rezone (Special) Amends 2-1101, senior service commission; repeals 2-1301 2-1309 (2-11) Amends 2-401, city walkways commission (Repealed by 452) Adds 1-216, judicial review; repeals 8-801 (1-2) Adds 6-531 and amends 6-963, 6-964, 6-966, 6-968, 6-969, 6-971 and 6-974 (6-5, 6-9 Adds 6-530, satellite dish antennas (6-5) Adds 8-505, alcoholic beverages (Repealed by 370) Amends 2-1001, 2-1002, 2-1003, 2-1008, 2-1010, 2-101 and 2-1012, traffic commission (Repealed by 450) Moratorium on rezoning and subdivision of certain properties (Special) Rezone (Special) Extends moratorium on rezoning and subdivision of certain properties (Special) Amends Ord. 341, building regulations (Repealed by 363) Adds 6-904(j), 6-905(l), 6-964(h) and 6-965(k), zoning (6-9) Amends 6-516, zoning (6-5) Adds 6-215(g), 6-439, 6-440 and 6-532 and amends 6-413, 6-425, 6-434, 6-436, 6-531, 6-904, 6-905, 6-906, 6-910(c), 6-913(c), 6-923, 6-924, 6-964, 6-965, 6-972(c), 6-983 and 6-984, zoning; repeals 6-404, 6-435, 6-933 and 6-993 (6-2, 6-4, 6-5, 6-9 Rezone (Special) Amends 6-509 and 6-612(f), zoning (6-5, 6-6 Adds (k) to 2-1509, crime prevention programs (2-15) Adopts by reference the provisions of Contra Costa County Ord. 87-55 relating to the Uniform Building Code; repeals Ords. 341 and 356 (Repealed by 509) Amends 6-1842, zoning (Repealed by 368) Adopts the Contra Costa County animal control code by reference (1-5, 8-16 Amends 6-2006 and 6-2008, zoning (Repealed by 412) Prezones certain property (Special) Repeals and replaces Ch. 6-18, flood damage prevention (Repealed by 512) Adds Art. 14 to Ch. 8-8; adds (c) to 8-836, vehicles and traffic (8-8) Repeals 8-505 (Repealer) Amends 1-302, 2-905, 6-35385(b) and (c), and 9-201; amends Ord. 272 to amend 7-5132 rather than 7-4133; renumbers 2-901 2-905 to be 9-601 9-605, to comprise new Ch. 9-6 entitled "Investment of City Funds"; repeals Ords. 14, 30, 42, 46, 72, 148, 176 and 192, all relating to changes made pursuant to recodification of the municipal code (1-3, 6-32, 7-5, 9-2, 9-6 Amends 6-2006, zoning (Repealed by 412) Adds 8-1301 8-1306, comprising Ch. 8-13, recovery of expense for response to loud or unruly assemblage (8-13)
Page 10 of 16
374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413
Amends 2-303, 2-306 and 2-503, meetings and terms of office of planning commission members (2-3) Adopts by reference the provisions of Contra Costa County Ords. 88-90 and 88-91 relating to building permit fees (1-5, 3-1 Amends 2-703 2-712, youth commission (Repealed by 428) (Repealed by 430) Adds 6-633 and 6-634; amends 6-603(a)(4), 6-626 and 6-641, off-street parking; repeals 6-629 (6-6) Adds 8-123, sidewalk maintenance (8-1) Adds 1-602, fee interest; amends 8-1304, police response charges (8-13) Code adoption (1-1, 1-3 Repeals 8-895, parking (Repealer) Repeals and replaces Ch. 7-5, cable television (7-5) Rezone (Special) Approves development agreement (Special) Adds Ch. 6-19; amends 6-271, 6-275, 6-276(c), 6-708, 6-727, 6-747, 6-787, 6-1327, 6-1347, 6-7107, 6-7127, 6-7147, 6-7169, planning and land use (6-2, 6-13, 6-19 Amends 2-207(i), city manager (2-2) Adds Ch. 4-3, business registration fee (4-3) Amends Ch. 2-10, traffic commission (Repealed by 450) Amends Ch. 2-4, walkways commission (Repealed by 452) Amends 2-1405 and 2-1409, parking commission (Repealed by 451) Adds Art. 15 to Ch. 8-8, parking meters and lock boxes (8-8) Repeals and replaces Ch. 5-3, smoking (5-3) Amends 2-1105, 2-1108, 2-1111 and 2-1112, senior services commission (2-11) Amends 2-701, 2-702, 2-703, youth committee (Repealed by 428) Amends 2-502, design review committee membership (Repealed by 427) Planning department surcharge; amends Ord. 375 (1-5) Moratorium on subdivision and rezoning approvals within areas zoned L-R (Special) Extends moratorium on subdivision and rezoning approvals within areas zoned L-R (Special) Adds Ch. 6-16, dedication of land and payment of fees for park and recreation purposes (6-16) Amends 6-997, business and commercial districts special use provisions (6-9) Rezone (Special) Amends 6-604(b), 6-604(c), 6-622, 6-626(a), 6-626(b) and 6-627, off-street parking (6-6) Amends 2-306, planning commission meeting time and place (2-3) Adds Ch. 1-7, abatement of nuisances (Repealed by 560) Amends 2-502, design review committee (Repealed by 427) Rezone (Special) Amends 6-566, parking (6-5) Extends moratorium on subdivision and rezoning approvals within areas zoned L-R (Repealed by 419) Repeals and replaces Art. 9 of Ch. 6-7, low density residential district (6-7) Adds 6-3101 6-3108, division of hillside land (6-3) Repeals and replaces 6-2002 6-2008, restrictions on ridgeline development (6-2) Adds 6-1120 6-1136; designates existing 6-1101 6-1113 as Art. 1 of Ch. 6-11, planned districts (6-11)
Page 11 of 16
414 415 416 417 418 419 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454
(Not adopted) Amends 8-8161, 8-8162, 8-8164, 8-8165 and 8-8166, parking meters and lock boxes (8-8) Amends 2-101, time of regular meetings (Repealed by 435) (Pending) Adds Ch. 3-5, fire safety (3-5) Repeals Ord. 419 (Repealer) Amends 6-1124, preliminary development plan approval (6-11) Rezone (Special) Adds 8-837 and 8-838; amends 1-301, 1-302, 8-834; repeals and replaces 8-833; repeals 8-8171, violations and penalties (1-3, 8-8 Repeals 8-897, washing and polishing of vehicles on streets (Repealer) Repeals and replaces Ch. 8-3, emergency preparedness (8-3) Repeals and replaces Ch. 2-5, design review commission (2-5) Repeals and replaces Ch. 2-7, youth commission (2-7) Amends 6-966, business and commercial districts (6-9) Adds Ch. 8-18, transportation demand management; repeals Ord. 377 (8-18) Amends 6-604, 6-605 and 6-610, off-street parking (6-6) Rezone (Special) Adds 6-421 and 6-533; amends 6-327, 6-905, 6-924, 6-965, 6-984, planning and land use, and Ch. 8-6, firearms (6-3, 6-4, 6-5, 6-9, 8-6 Repeals and replaces Ch. 6-25, signs (6-25) Amends 2-101, city council meetings; repeals Ord. 416 (2-1) Rezone (Special) Redevelopment plan for the Lafayette redevelopment project (Special) Calls special election for vote on question of incurring a bonded indebtedness for the acquisition, construction and completion of municipal improvements (Special) Amends 6-421, 8-601, 8-602 and 8-608, firearms (6-4, 8-6 Moratorium on approval of telecommunication facilities (Repealed by 465) Adds Ch. 2-12, economic development commission (Repealed by 523) Extends Ord. 440, moratorium on approval of telecommunications facilities (Repealed by 465) Amends 8-304, emergency preparedness (8-3) Rezone (Special) Amends 5-303, 5-305, 5-306, 5-307, 5-313, smoking; repeals Ord. 393 2 (5-3) Adds 1-605 1-613; repeals and replaces 1-601 1-602, fees and service charges (1-6) (Number not used) Adds Ch. 8-19, use of streets, sidewalks and public property for special events (Repealed by 449) Repeals Ord. 448 (Repealer) Sets 3/1/96 sunset date for traffic commission governed by Ch. 2-10 (Repealer) Sets 3/1/96 sunset date for parking commission governed by Ch. 2-14 (Repealer) Sets 3/1/96 sunset date for walkways commission governed by Ch. 2-4 (Repealer) Adds Ch. 2-4, circulation commission (2-4) Extends Ord. 440, moratorium on approval of telecommunications facilities (Repealed by 465)
Page 12 of 16
455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496
Adds Title 11, public property and works (11-1) Amends 2-1213, duties of economic development commission (2-12) Adds 6-276(b)(4); amends 6-603(b) and (c), 6-604(a) and 6-1905(d), planning and land use (6-2, 6-6, 6-19 (Denied) Amends 8-836, removal of vehicles from streets or public property (8-8) (Pending) Amends 6-2301 and 6-2302, outdoor storage and repairs (6-23) Adds [amends] Ch. 2-4, circulation commission (Repealed by 474) Amends 3-505(d), building and landscaping criteria (3-5) Amends 11-501 and 11-504, park regulations (11-5) Repeals Ords. 440, 442 and 454 (Repealer) Moratorium on approval of subdivisions including undersized flag lots (Special) Rezone (Special) Adds 6-322 and amends 6-335, defining lots (6-3) Amends 6-1903, structures subject to design review (6-19) Amends 2-1701 and 2-1702, filling vacancies on city council (2-17) Amends county code 1010-2.006 and 1010-10.202; repeals and replaces portions of county code Division 10, drainage (1-5) Amends 1-713, procedure in case of emergency (Repealed by 560) Adds Ch. 8-18, transportation systems management; repeals 8-1803 8-1841 (8-18) Amends 2-401, 2-403, 2-404, 2-410 and 2-413, circulation commission; repeals Ord. 462 (2-4) Rezone (Special) Rezone (Special) Adds Ch. 5-4, storm water management and discharge control requirements (5-4) Rezone (Special) Repeals and replaces Ch. 10-1, purchases (10-1) Amends 8-1603, animals (8-16) Adds Ch. 8-19, regulation of newsracks (8-19) Amends 6-2580, enforcement of sign and outdoor advertising regulations (6-2) Approves certain development agreement (Special) Adopts by reference abandoned vehicle ordinance of Contra Costa County (1-5) Rezone (Special) Amends 2-1101, 2-1102, 2-1103, 2-1107 and 2-1110, senior services commission (2-11) Adds 6-3103(b)(4) and amends 6-3104, division of hillside land (6-31) Adds Art. 3 to Ch. 1-6, transportation development fees (1-6) Rezone (Special) Repeals 8-609 (Repealer) Amends 2-506, design review commission (2-5) Amends 6-2522, 6-2523 and 6-2552, banner regulations (6-25) Adopts by reference Contra Costa County 14-6.410, 14-6.440 and 14-6.602, nuisance abatement (1-5) Amends 6-313 and 6-321, land use definitions (6-3) Adds Ch. 8-19 [8-20], maintenance responsibility for driveway culverts (8-20) Amends 2-401 and 2-403, circulation commission (2-4)
497 498 499 500 501 502 503 504 505 506 507 508 509
510 511 512 513 514 515 516 517 518 519 520
521 522 523
524 525 526 527 528 529
Amends 1-625, fee exemptions, reductions and credits (1-6) Adds Ch. 1-10, administrative remedies (Repealed by 560) Adds Ch. 1-9, administrative citations (1-9) Amends 2-1501, 2-1502, 2-1503 and 2-1504, crime prevention commission (2-15) Rezone (Special) Adds Ch. 2-10, administrative remedies appeals board (2-10) Amends 6-1615 and 6-1616, fees for park and recreation (6-16) Amends 2-1202 and 2-1213, repeals 2-1214, economic development commission (Repealed by 523) Amends 1-305, penalty provisions (1-3) Amends 2-101 and 2-103 [2-1001 and 2-1003], appeals hearing board (2-10) Adds Ch. 5-5, restrictions on the advertising, access and promotion of tobacco products to minors (5-5) Amends 6-276, reviewing body (6-2) Adopts by reference Contra Costa County 72-6.014, 72-6.023, 72-6.026, 74-1.002, 74-2.101, Art. 74-3.9, Art. 74-3.18, Art. 74-3.19, Art. 74-3.23, Div. 76, Arts. 76-2.276-2.10, 76-4.2, 76-4.4 and Ch. 76-6; repeals Ord. 363 (1-5) Adopts urgency interim zoning regulations prohibiting development of hillsides and rezoning of land designated low density (Not codified) Extends Ord. 510, urgency interim zoning regulations prohibiting development of hillsides and rezoning of land designated low density (Not codified) Repeals and replaces 6-1001 [6-1801] through 6-1856 (Ch. 6-18), flood damage prevention (6-18) Changes name of "parks and recreation commission" to be "parks, trails and recreation commission" (2-8) Amends 1-702, 1-709 and 1-712, nuisances (Repealed by 560) Adopts by reference Chapter 718-8 of the Code of Contra Costa County (1-5); Amends Ch. 3-9, gas shut-off devices (3-9) Adds (5)(b) to 3 of Ord. 510, zoning (Not codified) Amends Section (a)(3) of 1-625, transportation development fees (1-6) Extends Ord. 510 (Not codified) Amends 2-1601, date of election (2-16) Adopts by reference Contra Costa County Code 716-2.408, 716-2.804, 716-2.1002, Arts. 716-4.2, 716-4.6, 716-4.8, 716-4.10, 716-4.12, 716-4.14, 716-6, 716-8.2, 716-8.4, 716-8.6, 716-8.10 (1.5) (Not adopted) Amends 8-702, designated truck routes (8-70) Repeals Ch. 2-12 (Repealer) Div. 716 ( 716-2.408, 716-2.804, 716-2.1002, Arts. 716-4.2, 716-4.6, 716-4.8, 716-4.10, 716-4.12, 716-4.14, 716-6, 716-8.2, 716-8.4, 716-8.6, 716-8.10) Repeals Ch. 2-6, tree commission (Repealer) Adds Ch. 11-6, recycled water for landscaping (11-6) Amends 11-101 and 11-102, applicability (11-1) Amends county code 716-4.202, 716-4.204 and 716-4.208 (Repealed by 536) Repeals and replaces Ch. 6-20, hillside development; repeals Art. 2 of Ch. 6-11; and repeals Ch. 6-31 (6-11, 6-20 Repeals and replaces Art. 9 of Ch. 6-7, low density residential district-5 (6-7)
Page 14 of 16
530 531 532 533 534 535 536
537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570
Adds Art. 10 to Ch. 6-7, low density residential district-10 (6-7) Adds Art. 11 to Ch. 6-7, procedure for requesting a reduction in the minimum lot area in the low density residential-10 district (6-7) Adds Ch. 6-24, lot line adjustments (6-24) Amends 8-608, conditions of approval (8-6) Amends Ch. 6-19, design review of structures over 17'-0? in height (6-19) Adds Ch. 5-6, construction and demolition debris recycling (5-6) Adds Ch. 3-3, grading; amends county code 716-4.202, 716-4.204, 716-4.402, 716-4.414, 716-4.602, 716-4.604, 716-4.608(e), 716-4.802, 716-4.804, 716-4.1002 and 716-4.1416(b) (3-3) Adds Ch. 3-3, Uniform Codes (Repealed by 554) Amends Ch. 6-20, hillside development (6-20) Adds Ch. 6-17, tree protection; repeals Ch. 8-12, planting, maintenance and removal of trees (6-17) Amends Art. 3 of Ch. 6-5, second units (6-5) Adds Art. 5 of Ch. 6-5, recreation courts (6-5) (Not adopted) Amends 6-563, 6-7183, 6-7203, and 6-7204, second units, low density residential district (6-5, 6-7 Rezone (Special) Municipal bond (Special) Adds Ch. 6-26, public art (6-26) Amends development agreement (Special) Amends 6-1615 and 6-1616, fees for park and recreation (6-16) Amends Ch. 5-4, stormwater pollution prevention regulations (5-4) (Not adopted) Rezone (Special) Amends 6-604, off-street parking (6-6) Rezone (Special) Repeals and replaces 3-304, uniform codes (3-3) Adds Ch. 3-9, gas shut-off devices (3-9) Adds Ch. 6-34, reasonable accommodation (6-34) Second amendment town center development agreement (Special) Amends Ch. 6-20, hillside development (6-20) Amends 2-1101 and 2-1110, senior services commission (2-11) Adds Ch. 8-21; amends 6-503, 6-511, 6-2580, 6-2582, Chs. 1-9, 2-10 and 6-23; repeals Chs. 1-7 and 1-10, various provisions (1-9, 2-10, 6-5, 6-23, 6-25, 8-21 Amends 8-1601, animals (8-16) Amends 2-1102, 2-1103, 2-1108, 2-1111 and 2-1112, senior services commission (2-11) Amends 8-8165, traffic regulations (8-8) Amends Ch. 3-9, gas shut-off devices (3-9) Amends Ch. 6-25, signs (6-25) Third amendment town center development agreement (Special) RDA eminent domain (Special) Amends Ch. 2-7, youth commission (2-7) Rezone (Special) Amends title of Ch. 3-3 and 3-101, 3-3013-309, building regulations (3-1, 3-3
Page 15 of 16
571 572 573 574
(Not adopted) Amends 8-304 and 8-305, emergency preparedness (8-3) Amendment to P-1 (Special) Fourth amendment town center development agreement (Special)
Beginning with Supplement No. 9, this table will be replaced with the "Code Comparative Table and Disposition List."
CODE COMPARATIVE TABLE AND DISPOSITION LIST

This is a chronological listing of the ordinances of Lafayette, California beginning with Supplement No. 9, included in this Code. Ordinance Number 575
Date 7-28-2008
Description Amends in its entirety,Ch. 6-16, Parkland and Park Facilities and Payment of Fees for Park, Trail and Recreation Purposes Amending Chs. 11-1 and 5-3 relating to smoking on city owned property
Section 2
Section this Code 6-16016-1604 6-16116-162 6-16216-162
576
10-26-2009
11-102
577
9- 8-2008
578
1-26-2009
Amends section 8-8122, standing in a loading zone Repealed Ch. 6-26, Public Art and added Ch. 11-7, Public Art Ch. 56-4, of the Contra Costa County Code, Art. 56-4.202 through 56-4.1206, solicitors and peddlers, is repealed. Ch. 4-4, peddlers solicitors and canvassers is added to this Code Zoning residential district (R-15) to multiple family residential
2 3 1
11-405 5-304, 5-307(c) 8-8122
2 .....Rpld
6-26006-260
579
1-26-2009
3 .....Added 1 .....Added
11-70111-71 4-4014-414
580
Page 1 of 3
581 582
4-13-2009
583
5-26-2009
district-A(MRA)APN 233-131-022 Not adopted Extending the time limit on the effectiveness and the time limit to receive tax increments of the redevelopment plan Amending Ch. 8-1, walkway impact fees Deleting Ch. 8-17, drainage study fee and adding Ch. 8-17, drainage impact fee
3 .....Added 2 .....Dltd
8-113 8-1318-141 8-1701
584
5-26-2009
585
10-26-2009
Amending sections pertaining to the place and time of city council and planning commission meetings Deleting Ch. 6-23, outdoor storage and repairs and adding Ch. 6-23, parking, vehicle storage and repairs Establishing a temporary moratorium on the establishment and operation of medical marijuana dispensaries Making findings and extending the temporary moratorium on the establishment and operation of medical marijuana dispensaries Amending Ch. 1-3, penalty provisions Amending Ch. 1-9,
.....Added 3 .....Dltd .....Added 1
8-1701 8-17028-170 8-17028-171 2-101, 2-102
586
9-28-2009
2 1 .....Dltd
2-306 6-23016-2304
.....Added 587 7-27-2009
6-23016-2306
588
8-10-2009
589
9-28-2009
1 .....Dltd .....Added 1 .....Dltd
1-3011-309 1-3011-304 1-9011-911
590
9-28-2009
Page 2 of 3
administrative citations 591 9-28-2009 Amending Ch. 8-21, code enforcement 4-26-2010 .....Added 1 .....Dltd .....Added Fifth amendment town center development agreement (Special) 1(Exh. A) .....Dltd .....Added 594 595 5-24-2010 Pending Making findings and extending the temporary moratorium on the establishment and operation of medical marijuana dispensaries Pending Amends section 11-704, public art committee Adding Ch. 6-11.5, senior housing overlay district Adding Ch. 8-22, trail easement restrictions 1-9011-910 8-21018-211 8-21018-211
592
593
3-22-2010
Amending Ch. 6.17, tree protection
6-17016-1712 6-17016-171
596 597
6-28-2010
11-704
598
10-25-2010
2 .....Added
6-11516-116
599
10-12-2010
1 .....Added
8-22018-2204

Lafayette Municipal Code

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Lafayette Municipal Code

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LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

LAFAYETTE, CALIFORNIA - MUNICIPAL CODE

SUPPLEMENT HISTORY TABLE

SUPPLEMENT HISTORY TABLE

Ord. No. 595 597 598 599

Date Adopted 5-24-2010 6-28-2010 10-25-2010 10-12-2010

Include/ Omit Include Include Include Include

Lafayette, California, Code of Ordinances Page 1 of 1

Title 1 - GENERAL PROVISIONS*

Chapter 1-1 - ADOPTION OF MUNICIPAL CODE

(a) (b) (c) (d) (e) (f)

(Ord. 381 6, 1990)

Chapter 1-2 - RULES OF CONSTRUCTION

Chapter 1-3 - PENALTY PROVISIONS [1]

Lafayette, California, Code of Ordinances Page 8 of 36

Lafayette, California, Code of Ordinances Page 9 of 36

Chapter 1-4 - POWER OF ARREST

Chapter 1-5 - CONTRA COSTA COUNTY PROVISIONS ADOPTED

Lafayette, California, Code of Ordinances Page 10 of 36

County Ord., 88-88, 89-79

City, Subject, Ord., 493 Nuisance abatement

131, 182 131

Penalties Construction of provisions

Ambulances Ambulance services

Public health licenses Animal control code

182 365 365 131

1-308 Ch. 8-16 Ch. 8-16

General welfare and business violations

Lafayette, California, Code of Ordinances Page 11 of 36

202 76-67 200 131

Amusements Amusements Curfew

Intoxication Labor disputes

131 321 131

Solicitors and peddlers

Solicitors and peddlers permit issuance CATV systems

74-67 88-90, 88-91

162 375 131

Massage services Amends UBC 304 Building inspection department

Lafayette, California, Code of Ordinances Page 12 of 36

Building inspection department

228 131 131

Building construction generally

Uniform Building Code

Repealed Repealed Repealed Repealed Repealed Repealed Repealed Repealed

Lafayette, California, Code of Ordinances Page 13 of 36

Repealed Repealed Repealed Repealed Repealed Repealed

Uniform Electrical Code

Uniform Electrical Code

Uniform Electrical Code

228 375 375 375 375 263 263

Lafayette, California, Code of Ordinances Page 14 of 36

80-76 80-28 80-76 80-76

263 228 263 263 131

Uniform Plumbing Code

Uniform Plumbing Code

Repealed Repealed Repealed

Uniform Mechanical Code

Uniform Mechanical Code

Lafayette, California, Code of Ordinances Page 15 of 36

Uniform Mechanical Code permit fees