(a) 
Subdivisions. The design standards set forth in this article shall be used in the design of subdivisions. The specific design criteria set forth in this article shall be used as the basis for design, and specific design parameters shall not be exceeded during design. Where referenced, design shall be based upon, and in conformance with, certain publications. Conformance with the design standards of the City shall not alone satisfy the requirements for the approval of plans. In addition, design shall be in conformance with standard engineering practices. All street improvement plans, including plans for water, sanitary sewers, and storm drains, shall be prepared and signed by a civil engineer registered in the State. All final maps and parcel maps shall be prepared and signed by a civil engineer registered in the State or a land surveyor licensed in the State. All building and on-site improvement plans shall be prepared and signed by a civil engineer, structural engineer, or architect registered in the State. Where provided for by law, buildings may be designed by building designers licensed in the State. All landscaping plans shall be prepared and signed by a landscape architect registered in the State.
(b) 
Other development projects. The provisions set forth in subsection (a) of this section shall apply to all other development projects within the City for which a subdivision is not requested nor required. Where a project is of such an unusual nature that design standards and parameters have not been set forth in this chapter, the City Engineer shall establish such standards and parameters consistent with standard engineering practices.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
All improvement plans, building plans, subdivision plans, tentative tract maps, parcel maps, final maps, and construction shall conform to the General Plan. No plan shall be approved which is not in conformance with the General Plan. Occupancy permits shall not be issued for structures not in conformance with the General Plan, and public improvements shall not be accepted for the dedication if they are not in conformance with the General Plan.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Design standards.
(1) 
Bicycle and equestrian facilities identified in the General Plan shall be constructed and dedicated to the City by the developer as public use easements.
(2) 
All lots within subdivisions where the keeping of horses is permitted shall be provided access to equestrian public use easements whenever possible.
(3) 
Bicycle trails shall only be required for subdivisions containing 200 or more parcels and shall be constructed of asphalt concrete or Portland cement concrete. The minimum section for asphalt concrete bicycle trails shall be 0.17 feet of asphalt concrete over 0.33 feet of aggregate base or 0.33 feet of asphalt concrete over native soil. The minimum section for Portland cement concrete bicycle trails shall be 0.33 feet over native soil. Pavement and aggregate base shall be per the recommendations of a soils engineer and approved by the City Engineer.
(4) 
Bicycle lanes shall be lanes within improved roadways for the use of bicycles only. Vehicle parking in such areas shall be prohibited. Such lanes shall be clearly marked with signs and pavement striping as required by the City Engineer.
(5) 
Equestrian trails shall be designed in accordance with the adopted Equestrian/Hiking Trails Design Manual.
(6) 
The general widths and grades of the various trails are prescribed in Table 4-1 as set forth in this subsection.
Table 4-1
Standards for Bicycle and Equestrian Trails
Facility
Minimum Easement Width
Maximum Grade
Bicycle Trails (off-road)*
10 feet
6%
Bicycle Lanes (in public roadways)
8 feet
Match road grade
Hiking/Equestrian Trails (General Plan)**
20 feet
8% if natural surface and 5% where trail crosses paving or is treated
Hiking/Equestrian Trails (feeder)**
10 feet
8% if natural surface and 5% where trail crosses paving or is treated
*
May be reduced to 8 feet if restricted to travel in one direction.
**
Over 8%, switchbacks may be used. This may result in trails wider than noted.
(b) 
Routing. The routing of trails shall provide a safe area for hiking, bicycle traffic, and equestrian traffic. Wherever possible, such means of travel shall be separated from vehicular and normal pedestrian traffic. Conflicts between various modes of travel shall be kept to a minimum. Such conflicts shall be accepted by the City only when alternative paths or trails are not available. For the purposes of this subsection, “conflicts” shall mean those areas where different modes of travel cross. The combined use of bicycle trails and equestrian trails shall not be approved unless significant environmental impacts would result from an alternate design. Hiking/equestrian and bicycle trails that cross arterial streets shall be at signalized or traffic controlled intersections.
(c) 
Improvements and dedications. Bikeways and equestrian/hiking trails shall be constructed as set forth in subsection (a) of this section. All bike trails, General Plan, and feeder equestrian/hiking trails shall be dedicated to the City.
Dedicated facilities shall conform to the following requirements:
(1) 
Where bicycle, hiking, and equestrian trails have been prescribed by the General Plan, and where such routes are within property to be developed, or contiguous thereto, the developer shall construct and dedicate such facilities as public use easements.
(2) 
The developer shall construct feeder, bicycle, and equestrian trails to the master planned facilities from developments generating bicycle, hiking, or equestrian traffic as determined by adopted City Council Policy.
(3) 
Trails within developments may be constructed and dedicated as public use easements to the City as required by the nature of the development and as determined by the City Council.
(4) 
All trails to be dedicated to the City, and located outside of public rights-of-way, shall be fully contained within easements granted to the City for access, maintenance, and the intended use. The widths of such easements shall conform to the width of the path or trail prescribed in this section. Table 4-1 specifies the minimum widths required. Improvement plans shall not be approved until such easements have been recorded with the County Recorder.
(5) 
The following provisions will be required of all subdivisions developed with General Plan or feeder equestrian/hiking trails:
(A) 
The developer shall design, improve, and dedicate to the City all General Plan equestrian/hiking trail alignments within the subdivision.
(B) 
The developer shall improve and convey all feeder equestrian/hiking trails to the homeowner association as a public use easement for all lots within the subdivision. The homeowner association shall irrevocably dedicate such easements to the City and shall execute and record, in the Office of the County Recorder of the County of Orange, an agreement binding the association, its successors and assigns to keep and maintain such trails to the City standards. The following provisions shall be included within the CC&R for the subdivision:
(i) 
Provision for maintenance of all equestrian/hiking feeder trails by the homeowner association. If the developer and City agree that a General Plan trail should be maintained by the homeowner association, provisions (ii), (iii) and (iv), following, shall also apply to said General Plan trail;
(ii) 
Provision requiring City approval of any amendment to the CC&R that will, in any manner, affect the integrity of the feeder trail design standards, the feeder trail system, or its level of maintenance;
(iii) 
Provision requiring that all trail maintenance conform to the “Maintenance Standards” as per the City’s adopted Equestrian/Hiking Trail Design Manual;
(iv) 
Provision within the CC&R that gives the City the right to assume maintenance of the equestrian/hiking feeder trails if the City determines that the homeowner association has not maintained the equestrian trails at the minimum standards per the adopted Equestrian/Hiking Trail Design Manual. Furthermore, if the City assumes maintenance of the trail system, all costs, including administration, shall become a lien on each property or residential lot within the subdivision.
(C) 
The developer of any subdivision having no homeowner association shall be responsible for construction and maintenance of the feeder trails until the individual property is transferred to the individual owners. The developer shall record deed restrictions on each lot such that the individual property owner shall be responsible for maintenance of that portion of the equestrian trail easement traversing the lot. The restrictions shall include a clause that .”...if the individual property owner does not maintain the trail per the minimum standards of the adopted Equestrian/Hiking Trail Design Manual, the City has the right to assume maintenance of the trail system; all costs, including administration, shall become a lien on the property.” Furthermore, reciprocal easements shall be granted to each and every lot owner for use of said equestrian trail easement(s).
(D) 
All trails shall be designed and improved in accordance with the adopted Equestrian/Hiking Trail Design Manual. The design and improvements are to be included as a part of the grading plan which is to be reviewed and approved by the City prior to the recordation of a final map. All trail improvements are to be installed and certified by the City as to conformance with approved plans prior to release of any use and occupancy permit.
(E) 
Private bikeways and equestrian trails. Private bikeways and equestrian trails may be permitted if outside the public right-of-way. Such facilities shall conform to all of the following criteria:
(i) 
The facility shall not be prescribed by the General Plan.
(ii) 
The facility shall be constructed in accordance with the requirements of this section. Width reductions for equestrian trails may be approved by the City Engineer; but no equestrian trail shall be less than 10 feet wide. Width reductions for bikeways shall not be permitted.
(iii) 
The facility shall not create an undue risk to the public safety.
(iv) 
The facility shall not be in conflict with adjacent properties.
(v) 
Proof of the intention and ability to maintain the facility shall be provided the City Engineer in the form of legal documents fixing such responsibility.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
Developers of properties are responsible for insuring that a project’s boundaries blend with surrounding properties. Phased projects shall not leave boundaries in an unfinished manner in anticipation of the resumption of work in future phases. The condition of boundaries shall be clearly indicated on tentative maps, grading plans, and improvement plans and shall meet the requirements of the City. Such requirements shall include, but not be limited to, the following:
(a) 
Slopes shall be landscaped and maintained until the assumption of responsibility by the property owners;
(b) 
Dead-end streets shall be barricaded;
(c) 
Drainage facilities shall be installed to prevent erosion;
(d) 
Construction materials shall not be stockpiled adjacent to boundaries;
(e) 
A general cleanup in the area of the boundary shall be conducted to remove refuse and waste materials;
(f) 
Soil, sand, and aggregate shall not be stockpiled near a boundary;
(g) 
Streets shall be swept and cleaned by the developer where construction work has necessitated such efforts;
(h) 
Fencing may be required to prevent easy access to areas which are considered dangerous to the general public;
(i) 
The developer shall be required to deposit funds or post bonds to insure the completion of the work adjacent to a project’s boundaries;
(j) 
Individual lot property lines shall be at the top of slopes; and
(k) 
The tentative tract map, tentative parcel map, or site plan shall indicate the effect a project has upon the view from all adjacent, properties. Adverse effects may be grounds for the denial of a project. Such effects shall be indicated in a manner acceptable to the City but at least shall consist of the necessary cross sections.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Design standards. Drainage facilities shall be designed using flows derived from the rational method. The exact determination of the design flows for local facilities shall be based upon a 25 year storm and computed in accordance with the Orange County Hydrology Manual, as last revised, of the Orange County Flood Control District. All facilities shall also conform to the current Master Plan of Drainage for the San Juan Capistrano-Capistrano Beach Area. In addition, the drainage system design shall be in compliance with the most recently adopted NPDES (National Pollution Discharge Elimination Standards) by the City and San Diego Regional Water Control Board.
All materials and methods of construction shall conform to the Standard Specifications and the Standard Plans of Orange County, as last revised. The minimum internal diameter for drainage pipes to be dedicated to the City shall be 18 inches.
(b) 
General requirements. The following requirements shall apply:
(1) 
Developers shall pay all acreage drainage fees in accordance with the Master Plan for Drainage for the San Juan Capistrano-Capistrano Beach Area and applicable City fee schedules.
(2) 
Developers shall prepare the necessary improvement plans and construct all the necessary drainage facilities to the satisfaction of the City Engineer. For the purposes of this subsection, “necessary drainage facilities” shall mean all channels (open or closed), catch basins, manholes, junction structures, desilting basins, energy dissipators, and the appurtenant equipment and structures necessary to remove surface water from the land to be developed.
(3) 
For the purposes of this subsection, “surface water removal” shall mean the interception of all surface water which has historically arrived onto the property and discharging such water from the property. The water discharged shall be delivered to adjacent properties in a manner consistent with NPDES and to the satisfaction of the City Engineer. Developers shall bear the total responsibility for such interception and discharge of surface waters.
(4) 
Developers shall be responsible for the acceptance and discharge of surface waters during construction. Interim drainage facilities may be required by the City Engineer, subject to compliance with the most recently adopted provisions for NPDES.
(c) 
Reimbursement agreements. All facilities indicated within the Master Plan of Drainage for the San Juan Capistrano-Capistrano Beach Area, and within the property to be developed or contiguous thereto, shall be constructed by the developers at their expense. Those costs for the construction of facilities within said Master Plan which are in excess of the funds deposited for the acreage drainage fees may be reimbursed to the developer by means of a reimbursement agreement. If the City enters into such an agreement, a public hearing shall be held to determine the funds required and the area of benefit from the drainage facilities. A copy of the standard City reimbursement agreement is on file and available at the City offices.
(d) 
Dedications. Drainage facilities constructed within public rights-of-way shall be dedicated to the City. Drainage facilities outside of public rights-of-way may be required to be dedicated to the City. All closed drainage facilities outside public rights-of-way joining City drainage facilities shall be dedicated to the City. Open channels collecting local surface drainage shall not be dedicated to or maintained by the City, except in unusual cases as determined by the City Engineer. All facilities to be dedicated to the City outside public rights-of-way shall be constructed within exclusive easements granted to the City for access and maintenance purposes. Vehicular access within such easements shall be provided by the developer as approved by the City Engineer. No boundary of any such easement shall be less than 10 feet from the center line of the drainage facilities to be dedicated to the City. In addition, such easements shall be configured in such a manner that maintenance can be conducted without encroaching upon private property. All such easements shall be recorded with the County Recorder prior to the approval of the improvement plans.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Location and width.
(1) 
All driveways. The total width of the driveway shall not exceed 60% of the property frontage, and the frontage length, minus the driveway, shall not be less than 20 feet. Such percentages and frontage requirements shall not apply in the case of panhandle or irregularly-shaped lots. Such lots shall maintain the minimum driveway width requirement, plus a minimum of two feet of full-height curb between the driveway and property line on both sides. Driveways shall be designed consistently with the City standard plans.
(2) 
Residential driveways. Residential driveways shall be constructed between 12 feet and 28 feet in width. For the purposes of this subsection, “width” shall mean the flat portion of the driveway and shall not include the grade transitioning to a full-height curb at the depressed approach. A minimum distance of 24 feet of full-height curb shall be maintained between driveways on the same property, and two feet of full-height curb shall be maintained between the property line and a driveway, except where common driveways serving two contiguous parcels.
There shall be at least 10 feet of full-height curb between a curb return and a driveway.
(3) 
Commercial and industrial. Commercial and industrial driveways shall be constructed between 14 feet and 35 feet in width. A minimum curb return radius of six feet shall be provided. A minimum distance of 110 feet away from the centerline of any other driveway as measured along the ultimate right-of-way lines of an abutting street shall be provided. The centerline of a driveway shall be a minimum of 200 feet from the centerline of any other street opening.
(b) 
Materials. Driveways within public rights-of-way shall be concrete. The only exception shall be in the Agri-Business (A), Residential/Agriculture (RA), Hillside Residential (HR), Single-Family-40,000 (RSE-40,000), and Single-Family-20,000 (RSE-20,000) Districts where equestrian trails are located in the rights-of-way and where local rural streets are permitted. On-site driveways shall be constructed of asphalt, concrete, or a non-erodible material approved by the City Engineer. Residential driveways in the Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), and Planned Community (PC) Districts shall be constructed entirely of concrete, except at hiking/equestrian trail crossings.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
General requirements.
(1) 
The requirements of this section are in addition to the requirements of Chapter 2 of Title 8 of this Municipal Code and Section 9-2.323 Grading Plan Review.
(2) 
Cut or fill slopes shall be no steeper than a ratio of 2:1 or two feet horizontal to one foot vertical. All grading plans having slopes of a vertical height equal to or greater than five feet and/or involving the movement of 5,000 or more cubic yards of soils shall be prepared by a civil engineer registered in the State. Where vertical heights are 10 feet or greater the grading plans shall be accompanied by a landscaping plan, including an automatic irrigation system. Such landscaping plans shall be prepared by a landscape architect registered in the State. All plans shall be submitted to the City for review and approval. A geotechnical report, which contains a soils condition analysis and subsurface geological analysis shall be prepared in accordance with City guidelines and most recently adopted State of California seismic hazards maps.
(3) 
Grading within the Hillside Residential (HR) District shall be consistent with the hillside grading requirements included in subsection (c)(2) of Section 9-3.301 Residential Districts.
(b) 
Terraces and vertical curves.
(1) 
Terraces. All slopes 30 feet or more in vertical height shall be terraced at their mid-height. The vertical distance between terraces shall not exceed 30 feet. The terraces shall have a minimum width of six feet, but shall not exceed 20 feet in width. Terraces shall be sloped from the top of the lower slope to the toe of the upper slope at a grade of 10%. Drainage channels shall be placed on the terrace a distance of one foot from the toe of the upper slope. The terrace shall change grade at least once every 200 horizontal feet to provide an undulating and natural appearance, but the average lateral grade shall be at least 6%. The channel shall be so dimensioned as required by hydraulic design but shall not exceed six feet in width and three feet in depth. No drainage facility shall carry surface water tributary from an area exceeding 13,500 square feet (projected). Open downdrains may be positioned perpendicular to a slope and constructed of a material having a natural appearance, including earthtoned concrete. Such slope requirements are illustrated in Figure 4-1.
-Image-46.tif
Figure 4-1 Typical Slope Section (Figure not to scale)
a =
6′ Minimum
b =
0.50 H, 10′ Minimum, 30′ Maximum, and 28′ Maximum at Terrace
Notes:
a =
Terrace Width
b =
“X” FT. Vertical Curve
c =
Point of Intersection of Slope Tangents
d =
Slope 2:1 or Flatter
e =
Drainage Channel
f =
Top of Slope
g =
Toe of Slope
(2) 
Vertical curves. All slopes 10 feet or more in height shall have vertical curves placed at the top of the lower slope at the terraces. There shall be no vertical curve at the toe of the upper slope at the terraces. The length of all such vertical curves shall equal one-half the total vertical height of the slope but shall not be less than 10 feet nor more than 30 feet. Vertical curves at the terraces shall not exceed 28 feet in length. For the purposes of this section, “toe of the slope” shall mean the beginning vertical curve point at the bottom of the slope. For the purposes of this section, “top of the slope” shall mean the end vertical point at the top of the slope. For the purposes of this section, “width of a terrace” shall mean the distance between the toe of the upper slope and the vertical point of the intersection of the tangents of the lower slope and the terrace. Such slope requirements are illustrated in Figure 4-1.
(3) 
Exceptions. Slopes having a horizontal to vertical ratio equal to or greater than five to one shall not require terraces or vertical curves.
(c) 
Cut slopes and fill slopes combined prohibited. Cut slopes and fill slopes combined shall not be permitted. In slope areas that would have combination cut/fill slopes, all cut slopes shall be overexcavated and replaced with a fill slope design in accordance with the engineering geologist and approved by the City Engineer.
(d) 
Design standards for setbacks. The toes and tops of cut and fill slopes shall be set back from the property lines. For the purposes of this section, “toes and tops of the slopes” requiring vertical curves as set forth in this section shall mean the end curve point of the vertical curve. Retaining walls may be used on cut and fill slopes when designed by a registered structural or civil engineer. The faces of retaining walls shall be considered the toes of the slopes for setback purposes.
(e) 
General design standards.
(1) 
The overall shape, height, and grade of any cut or fill slope shall be developed in concert with the existing contours and scale of the natural terrain of a particular site.
(2) 
Where two cut or fill slopes intersect, the ends of each shall be horizontally rounded and blended with a minimum radius of 25 feet.
(3) 
Where any cut or fill slope meets the natural grade, the ends of each slope shall be vertically and/or horizontally rounded and blended with the natural contours so as to present a natural slope appearance.
(4) 
Where any cut or fill slope exceeds 100 feet in horizontal length, the horizontal contours of the slope shall be curved in a continuous undulating fashion with radii no greater than 300 feet.
(5) 
All street sections within 20 feet or less from the toe of a slope 10 feet in height or more, shall be shown and marked on the plan. These sections shall be protected from underground seepage by cut-off subdrain barriers in accordance with adopted City standards.
(6) 
Detailed landscaping plans shall be implemented for all cut or fill slopes in excess of three feet in height.
(7) 
Detailed landscaping and irrigation plans shall be implemented for all slopes in excess of 10 feet in height.
(8) 
The planting and irrigation of all slopes in excess of 15 feet in height shall be commenced in accordance with the approved plans immediately upon the completion of the rough grading operations.
(9) 
The planting and irrigation of all slopes less than 15 feet in height shall be commenced in accordance with the approved plans immediately upon the completion of the finish grading operations.
(10) 
All planting and the irrigation of slopes shall be completed and approved by the City prior to the issuance of occupancy permits.
(11) 
The applicant and/or developer shall be responsible for the maintenance and upkeep of all slope plantings and irrigation systems until such time as the individual properties and dwellings are occupied or until a homeowner association accepts the responsibility to maintain the landscaping in common areas.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
The provisions of this section establish the procedures for the determination of lot size and setback requirements for unusually-shaped and cul-de-sac lots. The actual minimum lot areas and setbacks are described in Chapter 3 Zoning Districts and Standards of this title.
(a) 
Irregularly-shaped lots. Setback distances shall be determined by establishing a setback area equal in width to the setback requirements of Chapter 3 Zoning Districts and Standards of this title. Such setback area shall not be encroached upon by any nonpermitted structure, as set forth in Chapter 3 Zoning Districts and Standards of this title.
The setback area shall be determined as follows:
(1) 
Figure 4-2 illustrates the method of setback requirements.
-Image-47.tif
Figure 4-2 Irregular Lot Setbacks
(2) 
The front setback area shall be determined by the front property line, and the setback line shall be located within the property at the prescribed setback distance and parallel to the front property line.
(3) 
The rear setback area shall be determined by the rear property line, and the setback line shall be located within the property at the prescribed setback distance and parallel to the rear property line.
(4) 
The side setback areas shall be determined by the side property lines, and the setback lines shall be located within the property at the prescribed setback distance and parallel to the side property line.
(5) 
At corners where the side setback areas intersect with the front or rear setback areas, the point of intersection of the setback lines shall describe the limits of the setback area.
(6) 
Long and narrow portions of irregularly-shaped lots used for access to the main portion of the lot shall not be considered in establishing setback areas, nor shall they be credited for meeting the total area requirement of a lot. The minimum width of the driveway shall be either that required by Orange County Fire Authority or this title, whichever is greater.
(7) 
Where the front property line is not readily apparent, it shall be determined as follows:
(A) 
Lots set back from the public right-of-way with long narrow portions for access shall have that line, or series of lines, joining such a portion established as the front property line.
(B) 
On through lots, the front property line shall be that property line through which access to the property is gained.
(C) 
For corner lots and in cases where the front lot line is not clearly identifiable under subsection (A) or
(D) 
of this subsection, the Planning Director shall determine the front lot line. The Planning Director shall use the following criteria in making such determinations:
(i) 
The orientation of the existing buildings on adjacent lots;
(ii) 
With corner lots, the possible different classification and function of the two intersecting streets, for example, if one street is local and the other is arterial, the access and front lot line should normally be on the local street;
(iii) 
The topography and orientation of the buildable portion of the lot; and
(iv) 
The practice, in the design of subdivisions, of orienting most corner lots so that the shortest exterior property line is the front property line.
(8) 
Where the rear property line is not readily apparent, it shall be interpreted as that property line, or series of lines, most closely parallel to the front property line.
(9) 
Where the side property lines are not readily apparent, they shall be interpreted as the two property lines, or series of lines, joining the front and rear property lines.
(10) 
The Planning Director shall interpret the designation of property lines where a clear and obvious interpretation is not possible.
(b) 
Cul-de-sac lots.
(1) 
Front yard setbacks. The front yard setback for cul-de-sac lots shall be determined in the same manner as for other lots, that is, the required minimum horizontal distance between the building line and the ultimate street right-of-way line.
(2) 
Minimum street frontage. The front chord length of the central angle describing the front property line shall not be less than 67% of the minimum street frontage as described in Article 3 Base District Regulations/Standards of Chapter 3 of this title. The side yard and rear yard setbacks shall be determined as set forth in subsection (a) of this section. The area of the lot shall be based upon the total area encompassed by the property lines, regardless of the property shape. The setback requirements for cul-de-sac lots are illustrated in Figure 4-3.
-Image-48.tif
Figure 4-3 Cul-de-Sac Lot Setbacks
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Boundary monuments. Each final map shall indicate durable monuments of not less than two inch iron pipe at least 18 inches long found or set at or near each boundary corner and at intermediate points, approximately 1,000 feet apart, or at such lesser distance as may be necessary by topography or culture to insure accuracy in the reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument shall be shown on the final map, together with the approximate elevation of the top of each such monument with respect to the surface of the ground.
(b) 
Lot monuments. All lot corners shall be monumented with not less than a three-fourths inch iron pipe or by offset monuments as approved by the City Engineer.
(c) 
Center line monuments. Street, alley, and way center line monuments shall be set to mark the intersections of streets, intersection of streets with alleys or ways, intersections of alleys with alleys or ways, and at the intersection of any street, alley, or way with a tract boundary. Street center line monuments shall also be set to mark either the beginning and end of curves or the points of intersection of the tangents thereof. Such center line monuments shall be of not less than two inch iron pipe at least 18 inches long set in the subgrade.
(d) 
Center line monuments—Notes to be furnished. For each center line intersection monument set, the engineer or surveyor under whose supervision the survey has been made shall furnish to the City Engineer a reproducible set of notes showing clearly the ties between such monuments and a sufficient number, not less than four, of durable distinctive reference points of the monuments. Such reference points may be lead and tacks, PK nails, or three-fourths inch iron pipe not less than 16 inches long in which is secured a tag bearing the surveyor’s or engineer’s registration number, or such substitute therefor, as is not likely to be disturbed and is approved by the City Engineer.
The set of notes furnished shall be drawn in ink on eight and one-half (8 1/2) inch by 11 inch sheets of reproducible polyester film and shall conform to the standardized office records of the City Engineer.
(e) 
Identification marks. All monuments set as required by this section shall be permanently marked or tagged with the registration or license number of the civil engineer or land surveyor under whose supervision the survey was made.
(f) 
Inspections. All monuments shall be subject to inspection and approval by the City Engineer.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Authority. The provisions of this section are enacted pursuant to the authority granted by the Government Code of the State. The park and recreational facilities for which the dedication of land and/or the payment of a fee is required by this article are in accordance with the Parks and Recreation Element of the General Plan.
(b) 
General requirements.
(1) 
As a condition of approval of a tentative map, the subdivider shall dedicate land, and/or improvements/amenities, and/or pay a fee for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision. This requirement shall apply to all subdivisions except those exempted by Section 66477 of the Government Code.
(2) 
Except as provided in subsection (3) of this subsection, if the proposed subdivision contains 50 parcels or less, the subdivider shall not be required to dedicate any land for park and recreational purposes without his or her consent, but shall pay a fee in accordance with subsection (e) of this section.
(3) 
When a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land map be required notwithstanding that the number of parcels may be less than 50.
(c) 
General standards.
(1) 
Ratio of park land to population. Section 66477 of the Government Code of the State specifies that up to five acres of park land per 1,000 residents brought into a City by new development may be required to be dedicated provided that at least a five acre per 1,000 person ratio already existed in that City as of the last Federal census. The last Federal census, taken in April 2000, counted a City population of 33,826. At that time the total neighborhood and community park acreage in the City was 229 acres. These quantities yield a ratio of 6.78 acres per 1,000 persons in the City. Thus, the required existing minimum five acres per 1,000 standard has been met.
In accordance with the preceding standards and computations and the City’s finding that the public health, welfare, and quality of life require the continuation of the existing ratio of park land to population, within the limitations of State law, five acres of land for each 1,000 persons residing within the City shall be devoted to local park purposes.
(2) 
Household size. In order to compute the number of persons being brought into the City by a given residential project, it is necessary to multiply the number of units by an average household size standard for each type of unit. Section 66477 of the Government Code of the State stated that the average size of each class of household shall be “the same as that disclosed by the most recent available Federal Census.” In accordance with said requirements, the average household size for the City, as derived from the 2000 census is:
(A) 
Single-family detached dwelling units - _________ persons per dwelling unit.
(B) 
Attached units, including duplex, townhouse and apartments - _________ persons per dwelling unit.
(C) 
Mobile homes - _________ persons per dwelling unit.
(d) 
Dedication of land. Where a park or recreational facility has been designated in the Parks and Recreation Element of the General Plan and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the City may require the dedication of land for a local park sufficient in size and topography to serve the residents of the subdivision.
(e) 
Payment of fees.
(1) 
General formula. If there is no park facility designated in the Parks and Recreation Element of the General Plan to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the City may require, in lieu of land dedication, the payment of a fee equal to the value of the land prescribed for dedication computed in accordance with the provisions of subsection (d) of this section and Section 9-5.107 Parkland In-lieu Fees. Such fee shall be used to provide a park which will serve the residents of the new subdivision.
(2) 
Fees in lieu of land for less than 50 lots. In subdivisions of less than 50 lots, a per unit fee shall be charged for all lots or dwelling units. Such fee shall be set by resolution of the City Council.
(3) 
Use of fees. The fees collected pursuant to this article shall be used only for the purpose of providing park or recreational facilities to serve the subdivision. Such fees shall be used for the purchase of necessary land or, if the City Council deems there is sufficient land available for the subdivision, for improving such land for park and recreational purposes.
(f) 
Dedication of land and payment of fees. In subdivisions of 50 or more lots, the City may require the subdivider to dedicate land and/or pay a fee in lieu of park dedication in accordance with subsections (d) and (e) of this section. In no case, however, shall the total of land dedication and fee payment exceed the subdivision’s park obligations computed in accordance with subsection (c) of this section.
(g) 
Choice of dedication of land or payment of fees.
(1) 
Procedure. In subdivisions containing more than 50 parcels, the procedure for determining whether the subdivider shall dedicate land, pay a fee, or both shall be as follows:
(A) 
Action of the City. At the time of the approval of the tentative map, the City Council shall determine, as a part of such approval, whether to require the dedication of land within the subdivision, the payment of a fee in lieu thereof, or a combination of both.
(B) 
Prerequisites for the approval of final maps. Where dedication is required, it shall be accomplished in accordance with the provisions of the Subdivision Map Act of the State. Where fees are required, they shall be deposited with the City prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to the approval of the final map and shall be recorded contemporaneously with the final map.
(2) 
Determinations. Whether the City accepts the dedication of land, elects to require the payment of a fee in lieu thereof, or a combination of both shall be determined by the consideration of the following factors:
(A) 
The Parks and Recreation Element of the General Plan;
(B) 
The topography, geology, access, and location of the land in the subdivision available for dedication;
(C) 
The size and shape of the subdivision and the land available for dedication;
(D) 
The feasibility of dedication;
(E) 
The compatibility of dedication with the Parks and Recreation Element of the General Plan; and
(F) 
The availability of previously acquired park property.
(h) 
Amount of fees in lieu of the dedication of land. Where a fee is required to be paid in lieu of the dedication of land, the amount of such fee shall be determined by Section 9-5.107 Parkland In Lieu Fee.
(i) 
Partial credit for private open space. Where private open space for park and recreational purposes is provided in a proposed subdivision, and such space is to be privately owned and maintained by the future residents of the subdivision, partial credit, not to exceed 50%, may be given against the requirement of the dedication of land or the payment of fees in lieu thereof if the City Council finds that it is in the public interests to do so and that all of the following standards are met:
(1) 
The yards, court areas, setbacks, and other open areas required to be maintained by this Land Use Code shall not be included in the computation of such private open space;
(2) 
The private ownership and the maintenance of the open space shall be adequately provided for by recorded written agreement, conveyance, or restrictions;
(3) 
The use of the private open space shall be restricted for park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the City or its successors;
(4) 
The proposed private open space shall be reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access, and location;
(5) 
The facilities proposed for the open space shall be in substantial accordance with the provisions of the Parks and Recreation Element of the General Plan; and
(6) 
The covenants, codes, and restrictions concerning the private open space state that the City has the right of the review and approval of any modification to such open space.
(j) 
Schedule of park development. In accordance with Section 66477 of the Government Code of the State, the City shall maintain, either as part of its Capital Improvement Program or separately, a schedule specifying “how, when, and where it will use the land or fees, or both, to develop park or recreational land to serve the residents of the subdivision” for which park fees have been paid or land dedicated. Therefore, pursuant to such requirement, any fees collected pursuant to this section shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not so committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion the size of their lot bears to the total area of all lots within the subdivision.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
General requirements. Pedestrian ways, bridges, and tunnels shall be constructed at the sole expense of the developer where their use is considered necessary by the City. Such necessity may include, but shall not be limited to access to schools, parks, historical areas, and places of public use which generate unusual amounts of pedestrian traffic. Such facilities are included to supplement the pedestrian-oriented improvements in-lieu of a sidewalk in the public rights-of-way and reduce conflicts between pedestrian traffic and other modes of travel. Bridges or tunnels shall be required at grade separations, watercourses, and unusually irregular terrain where heavy pedestrian traffic may be experienced.
(b) 
Design standards. The minimum width of pedestrian ways shall be eight feet. Pedestrian ways shall be constructed of concrete or asphalt concrete. The City Engineer may approve alternate materials at his or her discretion. Walls, fences, and landscaping shall be required as necessary to define and separate pedestrian ways. Pedestrian ways shall not be constructed at grades exceeding 5%. Cross slopes shall not exceed two-tenths of one percent. Where unusual conditions exist, the City Engineer may approve grades greater than 5% however, a grade of 10% shall not be exceeded under any circumstance.
(c) 
Dedications. The City may require the dedication of pedestrian ways, bridges, and tunnels or irrevocable offers to dedicate rights-of-way. All facilities outside of public rights-of-way to be dedicated to the City shall be within exclusive easements for the purpose of maintaining a pedestrian way. Such easements shall be configured to insure that normal maintenance operations do not encroach upon private property. Improvement plans shall not be approved until all such easements have been recorded with the County Recorder.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Joining the sanitary sewer system. All properties within 200 feet of a public sanitary sewer shall be required to join the City facilities. Where a soil report indicates a private sanitation system is not acceptable or where damage to the ground water quality would occur, a property shall be required to join the City sanitary sewer system.
(b) 
Private sanitary sewers. Private sanitary sewers shall be prohibited in the Hillside Residential (HR), Single-Family-10,000 (RS-10,000), Single-Family-7,000 (RS-7,000), Single-Family-4,000 (RS-4,000), Residential Garden-7,000 (RG-7,000), Residential Garden-4,000 (RG-4,000), Multiple-Family (RM), Affordable Family/Senior Housing (AF/SH), Mobilehome Park (MHP), Planned Community (PC), and Specific Plan/Precise Plan (SP/PP) Districts. Where otherwise permitted, private sanitary sewers shall be constructed of materials approved by the City Engineer and shall be no smaller than six inches in internal diameter. Permission for private sanitary sewers shall be granted by the City only where there are no City sanitary sewers within 200 feet of the closest property in question and no more than 12 units will use the private sewer at any time. The capability and intent to maintain private sewers shall be provided the City Engineer in the form of legal documents fixing such responsibility.
(c) 
Sewer laterals. Sewer laterals shall be less than eight inches in internal diameter and serve no more than one structure, if approved by the City Engineer. Sewer laterals shall not serve more than one property owner. Under no circumstance shall a sewer lateral join another sewer lateral. Sewer laterals shall directly join the structure served to the mainline sanitary sewer.
(d) 
Private sanitation system. Private sanitation systems may be permitted by the City Engineer and Orange County Health Service Standards in the Agri-Business (A), Residential/Agriculture (RA), Single-Family-40,000 (RSE-40,000), Single-Family-20,000 (RSE-20,000), Open Space Recreation (OSR), and Specific Plan/Precise Plan (SP/PP) Districts only if all of the following criteria are met:
(1) 
No public sanitary sewer with sufficient capacity shall be within 200 feet of the property.
(2) 
A soil report and percolation tests prepared by a civil engineer and engineering geologist registered in the State shall recommend, without exception, the installation of a private sanitation system.
(3) 
The system shall meet the provisions of the County Health Care Agency and the City shall approve the installation of said system.
(4) 
There shall be confirmation that no detrimental change shall occur in the ground water quality.
(5) 
The installation shall be acceptable to the City Engineer:
(e) 
Reimbursement agreements. The City may require the construction and dedication of sanitary sewer facilities across the full public frontage of a development site of sufficient size to provide service for future development. The City may enter into a reimbursement agreement with the developer if development may occur on the opposite side of the project frontage.
If the City enters into such an agreement, a public meeting shall be held to determine the funds required and the area of benefit from the subject facilities. A copy of the standard City reimbursement agreement is on file and available at the City offices.
(Ord. No. 938, § 2, 2008; Ord. No. 1042, § 19, 2017; Ord. No. 1092, § 9, 2021)
(a) 
Street lights for public rights-of-way. Street lights within public rights-of-way shall be constructed by the developer and dedicated to the City. Such street lights shall be the Mission Bell type in accordance with the Street Lighting Standards of the City. Other ornamental fixtures may be used only upon the approval of the Planning Commission. The approximate lumen rating for street lights in residential districts shall be 7,000 lumens, and the approximate lumen rating for street lights in commercial, industrial, and open space districts shall be 20,000 lumens. Primary and secondary arterial highways shall have street lights of 20,000 lumens. The spacing between 7,000 lumen street lights shall be 300 lineal feet measured along the adjacent curb face. The spacing between 20,000 lumen street lights shall be 220 lineal feet. Street lights shall alternate sides of the street where possible, and special attention shall be given to the lighting of intersections. Exceptions to the requirements set forth in this subsection may be permitted by the City Engineer. In new subdivisions the street lights shall be energized at the time the first unit is occupied.
(b) 
Street lights for private streets and on-site lighting. Private streets shall require street lights of a height, approximate lumen rating, location, type, and style approved by the City Engineer. Such requirements shall also apply to on-site lighting for walkways, alleys, and parking lots. The type of fixture (lighting standard and luminaire) shall be approved by the Planning Commission. In new subdivisions, the street lights shall be energized at the time the first unit is occupied. The provisions of this subsection shall not apply to street lights on private streets existing on or before November 15, 2002.
(c) 
Traffic signals. At intersections requiring signalization or future signalization, the developer may be required to upgrade existing facilities, pay a fee to be used for the upgrading of impacted intersections, or install the necessary poles, conduits, pullboxes, service locations, and other facilities deemed necessary by the City Engineer. All such facilities shall be dedicated to the City.
(Ord. No. 938, § 2, 2008)
(a) 
Introduction. This section sets forth street, highway, and alley requirements to serve existing and new development in the City.
(b) 
Paving. Pavement materials shall consist only of aggregate base with asphalt concrete and/or Portland cement concrete, conforming to the requirements of the California Department of Transportation Standard Specifications (as last revised). The pavement thickness shall be designated by the City Engineer.
(c) 
Engineering manual. The design speeds, curve radii, street grades, and related standards shall be as set forth in the City Standard Plans and Orange Design Standards as latest revised.
(d) 
Public streets and dedications.
(1) 
General requirements. All streets and highways intended for through traffic or providing access to public areas within a property to be developed shall be public streets and shall be constructed and dedicated to the City by the developer.
(2) 
Offers of dedication. Real property within a development project to be used for future streets, highways, or alleys shall require an irrevocable offer of dedication.
Where the City requires an irrevocable offer of dedication, on-site improvements shall be constructed in such a manner as to not interfere with the future use of the right-of-way. Such on-site improvements shall also be constructed in such a manner as to conform to all the provisions of this Land Use Code and the General Plan in order to provide for future City acceptance of the offered dedication.
(3) 
Reimbursement agreements. Streets and highways which would provide access to areas to be developed in the future or whose closing would cause an undue disruption to the orderly development of the City shall be constructed and dedicated to the City by the developer. The developer may be required to construct improvements not required by the project or which are off-site of the property to be developed. A reimbursement agreement for such improvements may be provided by the City. Conversely, a developer may be required to pay fees in reimbursement for improvements previously constructed.
If the City requires the construction and dedication of facilities prescribed in the General Plan, a reimbursement agreement may be executed.
(4) 
Parkway facilities. Parkway areas shall be provided adjacent to roadways to allow room for the provision of utility lines, sidewalks, bikeways, equestrian trails, street landscaping, and related facilities. Such parkway facilities shall be constructed in conjunction with the roadway proper in accordance with the requirements of this chapter (refer to Figures 4-5 through 4-7).
The additional parkway facilities shall insure reasonable public access to public natural resources consistent with public safety.
(5) 
Access rights. The City may require the waiver of direct access rights to any street, highway, or alley which is to be dedicated to the City from property abutting thereon.
-Image-49.tif
Figure 4-5 Sidewalk and Bikeway Parkway Facilities
(One side only; standard sidewalk may be required on other side)
*
Width of sidewalk maybe reduced upon approval of City Engineer.
NOTES:
1.
Total right-of-way width shall be adjusted in accordance with the parkway facilities required.
2.
The City Engineer shall provide standard drawings specifying materials and methods of construction.
3.
Two-way bikeway shall include centerline stripe and bike trail symbol.
4.
One-way bikeway shall include bike trail symbol.
5.
All bikeways shall include stop bar and sign at all commercial driveway intersections.
-Image-50.tif
Figure 4-6 Equestrian Trail and Scenic Highway Parkway Facilities
NOTES:
1.
Total right-of-way width shall be adjusted in accordance with the parkway facilities required.
2.
The City Engineer shall provide standard drawings specifying materials and methods of construction.
*
Equestrian fence mandatory if boundary fence not present.
-Image-51.tif
Figure 4-7 Hillside Parkway Facilities
(f) 
Required local access streets. The streets identified in subsection (1) and (2) of this subsection will be required for local access to abutting residential and nonresidential land uses. Standard sections for such streets are shown in Figure 4-8. Right-of-way widths for local streets may be reduced in conjunction with the development review if the City determines that such reduction will not result in greater project density or intensity.
Local streets, except driveways, may be public or private as determined by the City during the development review. Driveways shall be private in all cases.
(1) 
Residential uses. Table 4-5 identifies the required streets for residential uses, as determined by the number of dwelling units served by the street and the average lot size of the dwelling units.
(2) 
Nonresidential uses. A way or local street shall be required if 2,500 ADT or less are to be generated by abutting uses and through traffic. If generation is greater than 2,500 ADT, an arterial highway shall be required as set forth in subsection (g) of this section.
Table 4-5
Required Local Access Street Sections (Non-Arterial)
Number of Dwelling Units Served
Average Lot Size of Dwelling Units Served
Townhouse or Multifamily
<5,000 sf
5,000- 10,000 sf
10,000- 20,000 sf
20,000 sf-1 acre
1-2 acres
>2 acres
1
Driveway
12 or less
Way or Local
Way or Local
Way or Local
Way or Local
Way, Local or Local Rural
Way, Local or Local Rural
Way, Local or Local Rural
12-24 on cul-de-sac
 
 
 
 
 
 
 
24-48 on through street
Way or Local
Way or Local
Way or Local
Way or Local
Way, Local or Local Rural
Way, Local or Local Rural
Way, Local or Local Rural
24-48 on cul-de-sac
 
 
 
 
 
 
 
48-96 on through street
Local
Local
Local
Local
 
 
 
48-60 on cul-de-sac
 
 
 
 
 
 
 
60 or more on through street
Local
Local
Local
Local
Local
Local
Local
A cul-de-sac is a closed street with no outlet. A through street is a street that has a connection to another street (connection includes emergency access roadways).
-Image-52.tif
Figure 4-8 Standard Residential and Other Local Access Street Sections
*
Public or private status and drainage, sidewalk, curb, landscaping, and other parkway improvements to be determined during the development review. On-street parking may be prohibited.
DETAIL NOTES:
1.
Paved shoulder (nonpaved shoulder to be used only on approval of the City Engineer).
2.
Adjustment may be made in the right-of-way in accordance with Section 9-4.529 (e) and (f).
(g) 
General plan arterials. All arterial highways within the City shall be public streets and shall be improved in accordance with applicable adopted precise alignments. Precise arterial alignments shall be in accordance with the classification (primary, secondary, or local arterial) and general alignments shown on the General Plan. Standard sections for arterial highways are shown in Figures 4-9 through 4-11.
The following shall be the capacities of arterial highways in average daily trips (ADT):
(1) 
Local Arterial or Rural Local Arterial Highways, maximum 10,000 ADT;
(2) 
Secondary or Secondary Rural Arterial Highways, maximum 22,500 ADT; and
(3) 
Primary or Primary Rural Arterial Highways, maximum 33,800 ADT.
Dwellings shall not take direct access onto arterial highways unless the City finds, by special circumstance, that such access is warranted and can be designed consistent with traffic safety. The City may require special driveway design to insure forward vehicle entry onto such arterials.
(h) 
Alleys. Alleys may be permitted in nonresidential districts only when off street parking, service, loading, and delivery areas are not otherwise available. Alleys in nonresidential district shall be constructed and dedicated to the City in compliance with this section and the design standards prescribed in the City’s Standard Plans and Orange Design Standards, most recently adopted.
Alleys may be permitted in residential districts if approved by the City during the development review. Such alleys shall be private. Verification of the ability and intention to maintain private alleys shall be provided to the City Engineering the form of legal documents fixing such responsibility.
(i) 
Standard road sections.
Figures 4-5 through 4-11 are the standard road and parkway sections required as set forth in this section. Such road sections shall be required for all new development, unless the City, after finding special circumstances, approves modified or alternate road sections. The sections shown may be required to be expanded near intersections to provide width for deceleration lanes, left turn pockets, and other intersection facilities.
-Image-53.tif
Figure 4-9 Standard Primary Highway Sections
DETAIL NOTE:
1.
Paved shoulder (nonpaved shoulder to be used only on approval of the City Engineer).
2.
Rolled curb.
GENERAL NOTES:
1.
The City Engineer shall provide standard drawings specifying materials and methods of construction.
2.
Sidewalk, landscaping, and other parkway improvements shall be determined during the development review.
3.
Parkway (and right-of-way) widths may increase if additional facilities are required outside of the traveled way (e.g., equestrian trails). Refer to Figures 4-6 through 4-8.
-Image-54.tif
Figure 4-10 Standard Secondary Highway Sections
DETAIL NOTES:
1.
Paved shoulder (nonpaved shoulder to be used only on approval of the City Engineer).
2.
Rolled curb.
GENERAL NOTES:
1.
The City Engineer shall provide standard drawings specifying materials and methods of construction.
2.
Sidewalk, landscaping, and other parkway improvements shall be determined during the development review.
3.
Parkway (and right-of-way) widths may increase if additional facilities are required outside of the traveled way (e.g., equestrian trails). Refer to Figures 4-6 through 4-8.
-Image-55.tif
Figure 4-11 Standards Local Arterial Highway Sections
DETAIL NOTE:
1.
Paved shoulder (nonpaved shoulder to be used only on approval of the City Engineer).
2.
Rolled curb.
GENERAL NOTES:
1.
The City Engineer shall provide standard drawings specifying materials and methods of construction.
2.
Sidewalk, landscaping, and other parkway improvements shall be determined during the development review.
3.
Parkway (and right-of-way) widths may increase if additional facilities are required outside of the traveled way (e.g., equestrian trails). Refer to Figures 4-6 through 4-8.
(§ 2 Exh. B, Ord. 938, eff. July 3, 2008)
(a) 
Required. All development within the City shall require the undergrounding of utilities. Where development occurs outside of an underground utility district on a single lot and consisting of a single structure, the City Engineer may permit the use of overhead distribution facilities in the public right-of-way. However, the utility service to the lot from the distribution facility shall be undergrounded.
(b) 
Procedure. The City intends to provide all of San Juan Capistrano with underground utility service. In order to fulfill this intention, the City shall form underground utility districts where necessary. The formation, purpose, and use of such districts shall be as set forth in Chapter 8 of Title 7 of this Code.
(Ord. No. 938, § 2 Exh. B, 2008)
Where unusual conditions occur or may exist or determined to be necessary or desirable, the City may consider exceptions to the provisions of this article. Any exception to such provisions shall be consistent with the general goals, policies, and requirements of the General Plan, the Subdivision Map Act of the State, or any other applicable statute or specification referred to in this chapter. Such waivers may be granted by the Planning Commission.
(Ord. No. 938, § 2 Exh. B, 2008)