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Fullerton Overview
Fullerton, CA Municipal Code
FULLERTON, CALIFORNIA MUNICIPAL CODE
Preface
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REGULATION OF ACTIVITIES
Title 4 BUSINESSES, PROFESSIONS AND TRADES
Title 5 HEALTH AND SANITATION
Title 6 PUBLIC NUISANCES, CODE ENFORCEMENT AND ABATEMENT
Title 7 PUBLIC SAFETY AND MORALS
Title 8 TRAFFIC
Title 9 PARKS
Title 10 (RESERVED)
Title 11 ANIMAL CONTROL, WELFARE AND LICENSE REQUIREMENTS
Title 12 WATER AND SEWERS
Title 13 FIRE PREVENTION*
Title 14 BUILDINGS AND CONSTRUCTION
Title 15 ZONING
Title 16 SUBDIVISIONS
Title 17 (RESERVED)
Title 18 AIRPORT
Title 19 (RESERVED)
Title 20 (RESERVED)
Title 21 TAXATION
MISCELLANEOUS
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16.05.030   Minimum improvements and dedications.
   The minimum public improvements and dedications which shall be required to be made or guaranteed under the provisions of this title shall be as follows:
   A.    The improvement of public and private streets to provide suitable access and circulation;
   B.    A sewerage system to provide adequate collection of wastes from each lot, parcel, building or structure within the area being developed;
   C.    A water supply system capable of providing adequate water supply and fire protection for each lot, parcel, building or structure within the area of development;
   D.    Storm drainage systems to provide the area with suitable protection against inundation, erosion, sedimentation or damage to on or off-site property;
   E.    A street lighting system;
   F.    Traffic control and warning signs, pavement striping and markings, all in conformance with the requirements of State law and the City Engineer;
   G.    Installation of landscaping and irrigation facilities adjacent to or appurtenant to other public improvements;
   H.    Installation of underground utilities, including gas, telephone, electrical, water, sewer services and cable TV;
   I.    Dedication of easements necessary to accommodate all of the improvements listed in this section;
   J.    Any other such requirements as needed to insure conformity to or implementation of the City's General Plan.
(Ord. 2722 (part), 1990).
16.05.040   Public improvements.
   The following standards and criteria shall apply for the design and construction of all public improvements required under this title:
   A.    Streets and Highways:
      1.    Right-of-Way and Roadway Width. Streets shall substantially conform to the Circulation Element of the General Plan or an adopted Specific Plan. Requirements may exceed General Plan requirements at the request of the developer with concurrence of the City Engineer. In the absence of a General Plan or Specific Plan, the street system shall relate in location and width to the existing streets in the area adjoining the development or project. Additional right-of-way may be required for public facilities, including, but not limited to bikeways, recreation trails, bus ways or bus lanes, parking lanes and treatment of intersections based on a traffic analysis which shows the need for added through lanes and/or turning lanes, dual left-turn lanes, and/or separate right-turn lanes.
Right-of-Way and Roadway Width
 
Type of Street
R/W Width (feet)
Roadway Width (feet between curb faces)
Local residential (without sidewalks)
50 min.
36 min.
Local
54--60
36--40
Local collector
60--84
40 min.
Secondary and primary arterials (without parking)
80--100
64--84
Primary and major arterials (without parking)
100 min.
84
Special sections
See below
See below
 
   Streets or highways not falling clearly into listed types or private streets with public service easements may have widths different than those listed as approved by the City Engineer. Roadway widths at intersections and places of other public facilities may be wider than listed above as determined by the City Engineer.
   Certain streets have been designated by Specific Plan as rural streets. The widths, public improvement requirements and maintenance obligations for these streets shall conform to this Specific Plan.
      2.    Dead-End and Cul-de-Sac Streets. Cul-de-sac streets shall not exceed five hundred feet in length measured along the street centerline of the intersecting street to the radius point of the turn-around or bulb end of the cul-de-sac. The property line radius at the terminus of the cul-de-sac shall be designed so as to provide a uniform parkway width. The curb radius shall be a minimum of thirty-nine feet. Dead-end streets, to be extended at some later date, shall not exceed three hundred feet in length, measured along the street centerline from the centerline of the intersecting street to the terminus of the dead-end street. The ends of dead-end streets shall be improved with temporary turn-arounds as required by the City Engineer.
      3.    Frontage Roadways. Along major highways, limited access highways or freeways, a frontage road separated from the main roadway by an acceptable divider strip may be required. All such dimensions, widths and curve radii on such multiple roadways shall be subject to determination by the City Engineer.
      4.    Curved Streets. The centerline radii of curves of streets or highways, except where physical conditions and other special circumstances make compliance impractical, shall be not less than:
         a.    One thousand feet on arterial highways;
         b.    Five hundred feet on local collector streets;
         c.    Two hundred feet on all other streets.
      5.    Grades. Street grades shall not be less than two-tenths percent for such distances as topographical conditions make a greater grade impractical. Street grades shall not exceed six percent on arterial highways or eight percent for all other streets. Steeper grades may be constructed for short distances only where topographical conditions make a lesser grade impractical as determined by the City Engineer.
      6.    Intersections. Street intersections shall be as near to right angles as practicable. In no case shall the angle between centerlines (produced) be less than fifty degrees. Where new streets intersect existing "tee" intersections, the new centerline shall align as closely as possible with that of the opposite street.
      7.    Continuation of Existing Streets. Streets which are a continuation of streets on contiguous property shall be aligned so as to assure that their centerlines shall coincide. In cases where straight continuations are not physically possible, such centerline shall be continued by curves.
      8.    Curb Return and Property Line Radii. At the intersections of all streets, where one street has a right-of-way of eighty feet or greater, the radius of the curb return shall be no less than thirty-five feet. Curb return radii on all other intersecting streets, where both streets have right-of-way widths less than eighty feet, shall be twenty-seven feet. The property line radius at the above intersections shall be equal to the curb return radius, less the width of the narrower parkway of the two intersecting streets with the minimum radius of fifteen feet. In no case shall the parkway width around a curb return be less than six feet wide. At the intersection of a private street or a public service easement with a public street where the width of the private street or public service easement exceeds twenty-five feet in width, the curb return shall be no less than twenty-seven feet in radius.
   B.    Sidewalks and Walkways. Concrete sidewalks shall be installed on both sides of all arterial highways and through streets, except where special conditions, such as hillside development, slopes, single-loaded streets or a rural neighborhood atmosphere makes such sidewalk construction impractical or undesirable. Widths shall be designated by the City Engineer, but shall not be less than four feet wide, clear of obstructions, in residential areas and five feet wide in multiple-residential zones. Sidewalks may be eliminated in parkways on streets fronting property zoned for industrial or manufacturing use, where approved by the City Engineer, provided the parkway is suitably landscaped and irrigated in lieu thereof. In residential zones of R-1-15,000 or greater, sidewalks may be eliminated from cul-de-sac and local streets where approved by the City Engineer. Full width sidewalks shall generally be provided on arterial highways and in commercial zones. Walkways between blocks or streets or at such other locations as required by the City Engineer, shall be dedicated and improved for the convenience of pedestrian traffic and shall be not less than five feet in width, clear of obstructions. Public walkways shall be improved in a manner and to the extent as required by the City Engineer. Sidewalks, improved to the standards and at the locations specified by the City Engineer, shall be provided and installed within common lot areas, between lots, and along private streets and easements in planned residential developments (PRD), and planned unit developments (PUD), and in condominium projects.
   C.    Street Lighting and Common Area Lighting. Street lights shall be provided and installed on all streets. The lighting system shall be constructed to City standards and shall be City-owned and operated. Private streets and common areas within planned residential and planned unit developments and within condominium projects shall be improved by the construction of street and area lighting systems which shall be privately owned and operated systems designed to City standards or Edison-owned systems, as approved by the City Engineer.
   D.    Street Names and Street Name Signs. All new streets shall be named and all private streets within planned unit and planned residential developments shall be named. The names shall be chosen by the City, or by the subdivider or developer, subject to the review and approval of the City Engineer. Street name signs, bearing block numbers shall be installed at intersections of all streets and highways and private named streets, and at such other locations designated by the City Engineer. All street name signs shall conform to the standards as established by the City Engineer as to size, color, height, lettering and other details. Fees to pay for the furnishing and installation of street name signs by City forces shall be collected from the developer or subdivider, unless otherwise approved by the City Engineer.
   E.    Parkway Trees. Parkway trees shall be installed along all streets and highways. The trees shall be installed in the manner and shall conform to the size and species specified by the City Engineer. In full width sidewalks, tree wells shall be provided as required for the trees. On streets adjacent to industrial, manufacturing or planned residential zones, parkway trees may not be required, provided they are replaced by trees or other suitable landscaping planted on adjacent properties in conjunction with on-site landscaping.
   F.    Median Islands. Raised median islands shall be required where traffic conditions, property access, public safety, or other reasons, as determined by the City Engineer, require same. Medians shall be constructed to the width, length and alignment as determined by the City Engineer and shall when he requires, be provided with landscaping and a suitable irrigation system.
   G.    Alleys and Public Service Easements. Alleys may be required on all sites zoned for or to be used for commercial or multiple-family purposes when the lot layout, safety of access, provision of legal access or public service needs makes such public access necessary. Where the lot is large, under single ownership and the conditions applicable for public alleys are not present, a public service easement, improved to City standards, may be required in lieu of an alley. The purpose of the public service easement is to provide an easement for all public and private utilities, including cable television, and to provide an access easement for all public service vehicles, including, but not limited to, emergency vehicles, police patrol, fire inspection and refuse collection trucks. The property owner may otherwise control access and shall be responsible for maintenance of the roadway improvements within the public service easement. Alleys or public service easements may be required at the rear of all property fronting directly upon major highways and secondary streets and may be required at other locations where necessary to prevent undue interference with traffic. Where alleys or public service easements intersect, the corners shall be provided with cutoffs to provide a sight-distance and to facilitate turning. Cutoffs shall be triangular-shaped, having fifteen feet (minimum) sides on each alley, or spandrel-shaped, having a twenty-five foot (minimum) radius. Alley and public service easement dedications shall include the cutoff areas.
   All alleys and public service easements shall be subject to determination by the City Engineer as to design, alignment, width and method of improvement, with the minimum width of any alley or public service easement being twenty feet. As a condition of tentative or final map approvals or the issuance of building or use permits, existing alleys in need of reconstruction or upgrading, where determined by the City Engineer, may be required to be reconstructed or upgraded, or in lieu thereof, a reasonable cash deposit in the amount of the estimated cost of improvement, shall be deposited with the City Engineer.
   H.    Drainage and Grading Improvements. Drainage facilities shall be provided and installed as necessary to protect the lots, parcels, buildings or structures involved from flooding and to prevent excessive flooding of the public streets therein or abutting. The facilities shall be designed to prevent flooding of the first floor level, as defined by the Federal Insurance Administration from storm runoff emanating from a one hundred-year frequency storm. Public streets shall be protected from flooding from runoffs of a ten-year frequency storm, in accordance with policies and criteria determined by the City Engineer. Protection to higher levels may be required by the City Engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns, and the requirements of the Orange County Flood Control District. Hydrologic and hydraulic calculations and studies for all such facilities shall be subject to the review and approval, of the City Engineer.
   All grading done in conjunction with the development of the tract or property concerned shall be performed in conformance with the City Building and Grading Code and with good engineering practices. On and off-site storm drain facilities and the site grading shall be so designed and constructed to prevent undue erosion of the site or off-site properties and to prevent excessive deposits of mud, silt or debris upon any public street or easement or within any channel, storm drain facility, swale or water course. Fees may be required as a condition of the final approval of a subdivision map, parcel map or the issuance of a building or use permit, for the purpose of defraying the actual or estimated costs of constructing planned drainage facilities for the removal of surface and storm drain waters from local or neighborhood drainage areas. The fee, if any, shall be set by the Council at the time of the approval of the development based upon the cost of the system required, the contributing drainage area and the flooding potential involved.
   I.    Sewerage Facilities. Sewer mains, manholes, and appurtenances shall be constructed to serve the subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot and parcel therein. All such facilities shall be installed prior to the paving of the streets and alleys or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades and design as approved by the City Engineer and as required by any Master Plan of Sewers or element of the General Plan in effect. Fees may be required as a condition of the final approval a subdivision map, parcel map, or the approval of issuance of a building or use permit for the purpose of constructing planned sanitary sewer facilities for local sanitary sewers in accordance with the City's Master Sewerage Plan or any applicable element of the City's General Plan. The fee, if any, shall be set by the Council at the time of the approval of the development based upon the cost of the system required, the contributing area and the overloading potential involved.
   J.    Water Supply System. Water shall be provided from the City's water utility. Water mains, services, meters, cross connection control, valves, fire protection facilities and all other appurtenances of the water system shall be to the sizes, lines, grades and design as determined by the City Engineer and as specified in Title 12 and applicable State law. All mains, services and appurtenances shall be installed prior to the paving of the streets or alleys or easements within the development. Connection charges, water main reimbursements, front footage charges and all other fees related to water systems shall be paid to the water utility in accordance with Title 12 of this code.
   K.    Driveways and Access. The location of driveway depressions and access points within a subdivision, planned residential or planned unit development project or other development shall be as shown on the approved tentative map, concept plan or site plan or, in their absence, as determined by the City Engineer. Driveways and access points shall be improved in the manner and to the extent as determined by the City Engineer, subject to the following general provisions:
      1.    Driveway depressions shall be a minimum of ten feet wide.
      2.    Driveway depressions on a single parcel or lot shall be separated by at least twenty feet of full curb height.
      3.    Maximum width of driveway depressions in R-1 zones:
         a.    Where lot has a one or two-car garage, twenty-two feet;
         b.    Where lot has a three-car garage, twenty-six feet;
      4.    Maximum width of driveway depressions in other higher zones, thirty feet, except as otherwise approved by the City Engineer.
      5.    No part of a driveway depression or transition shall encroach onto adjoining property frontages.
      6.    Driveways shall be constructed symmetrically and shall be at right angles to the centerline of the street or radial to the street or curved streets. Where alleys are available to provide access to a parcel or a property, or where other access is available to a local street, the approval of driveway access or the issuance of a permit for a driveway from said parcel or property to any street designated as major, primary or secondary street on the Circulation Element of the General Plan may be prohibited by the City Engineer. His decision in this regard may be appealed to the Transportation and Circulation Commission, whose decision in the matter shall be final. Where the construction or widening of any street, or the development of any parcel or property requires the striping or restriping of any pavement, the painting of turn pockets, medians, edge lines, or other pavement markings or the installation of warning or advisory signs, in order to provide safe traffic flow or access to or from the property, parcel or development, all such work shall be done at no cost to the city, in accordance with the standards of the City Engineer, the State Department of Transportation, Vehicle Code, and other applicable codes.
   L.    Landscaping. The open space and other areas owned in common in planned residential, planned unit developments, and condominium projects shall be provided with landscaping and irrigation facilities in accordance with plans to be approved by the Director of Development Services. These improvements shall be included in the improvement securities posted for any subdivision or development requiring same.
   M.    Traffic Signals. Construction, of modification or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, use or building permit, if the additional traffic generated by the tract or development, the safety of the traveling public, the increased use of the streets or other unusual circumstances require the construction. Where the development of a subdivision or other project will be phased over a period of time, and, in the opinion of the City Engineer, the full effect of the increased burden on the streets will not be felt for a period of time, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. The exact amount, details and timing of the deposit and future construction shall be subject to an agreement between the City and the subdivider or developer.
   N.    Walls. A masonry wall shall be constructed along the sides of all arterial, primary and secondary highways, where the abutting residential lots or parcels have alternate access to other streets, and where access rights to the arterial, primary or secondary highway from the abutting lots have been or are required to be dedicated to the City. The exact type of construction, design and height of the walls shall be determined by the City Engineer and by the Director of Development Services, as each applies. At the bottoms of slopes along streets and highways improved or to be improved with sidewalks, a slough wall shall be required to be installed to prevent sloughing off of dirt, mud, or other deposits from the hillside of slope onto the sidewalks. The exact type of construction, design and height shall be determined in the same manner as above. In lieu of the slough wall requirement, the bottoms or toes of the slopes shall be set back from the sidewalk area a reasonable distance as is determined by the City Engineer (Ord. 2722 (part), 1990).
16.05.050   Supplemental improvements -- Reimbursement.
   Improvements installed or required to be installed as a condition of a subdivision, tract, division of land or the approval of a use or building permit may be required by the City Engineer to contain supplemental size, capacity, number or amount for the benefit of adjoining or nearby properties not within the tract, lot division, or development for which the use or building permit is requested. All such additional or supplemental facilities shall be dedicated to the City for public use in a manner approved by the City Engineer. When such additional or supplemental improvements or facilities are required, the City may enter into a reimbursement agreement with the subdivider or developer, in a form approved by the City Attorney, which shall provide for reimbursement to the subdivider or developer from all future parties or properties benefitted by the presence, use or availability of the additional improvements or facilities. The amount of the reimbursement shall be equal to the difference in cost between the total actual cost of the improvements including the additional or supplemental facilities and the cost of the improvements had not the additional or supplemental items been required.
(Ord. 2722 (part), 1990).
16.05.060   Underground utilities and service lines.
   Pursuant to the requirements of this section, whenever:
   A.    Any tentative tract or parcel map or map for the reversion of lots to acreage is filed; or
   B.    A use or building permit is requested for the development or redevelopment of new or relocated buildings or structures; or
   C.    The addition of floor area equal to or in excess of twenty-five percent of the existing floor space of an existing building or structure is proposed in any zone except R-1; or
   D.    The installation of a new electrical service for any existing building or structure is proposed in any zone except residential zones where a stubout is provided for future use; or
   E.    The conversion of a residential building to a nonresidential use is proposed; then all new or proposed electrical, telephone, community antenna television and similar wires, cables, service and appurtenances which provide direct service to the property being subdivided, divided or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure, or development being added to or rebuilt shall be undergrounded as a condition precedent to the approval of such tentative or final parcel map, subdivision tract map, use or building permit by the Planning Commission, City Council, Director of Development Services, City Engineer, or City staff, whichever is applicable. All new line extensions of existing electric power, telephone, communication and cable television lines, hereinafter constructed in the city shall be placed underground. All utility undergrounding shall be installed and performed at no expense to the City, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission.
      1.    Exceptions. The provisions of this section shall not apply to:
         a.    Any municipal equipment or facilities installed under the supervision of and to the satisfaction of the City Engineer;
         b.    Poles, overhead wires and cables and associated overhead structures and appurtenances used for the transmission of electrical power at nominal voltages in excess of thirty-four thousand five hundred volts;
         c.    Antennas, receivers, associated equipment and supporting structures used by a utility for communication services;
         d.    Equipment appurtenant to underground facilities, such as surface mounted transformers, pedestals, terminal boxes, meter cabinets, vents and the like;
         e.    Temporary poles, wires and overhead structures and associated equipment used or to be used in conjunction with construction projects, or installed and maintained for a period of ten days or less for emergency reasons;
         f.    Any equipment or facilities owned or operated by the State or the Federal government.
      2.    Existing Facilities. The provisions of this section shall not prohibit the maintenance and operation of existing overhead utility facilities, nor prohibit the installation of overhead service lines to facilities already served overhead by the same utility when approved by the City Engineer, nor prohibit the connection of underground service lines to overhead existing distribution equipment. A utility may intersect 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 pole lines of existing overhead facilities, and may continue to maintain, repair, replace and reinforce any facility or structure existing on or before the effective date of the ordinance codified in this chapter.
      3.    Appeal. Where the enforcement of the provisions of this section would result in undue hardship on the part of a utility, subdivider or developer, application for exception from the provisions herein may be made in the following manner. Conditions imposed by the Planning Commission or by the City Council are excluded from this appeal process.
         a.    Written application shall be filed with the Department of Development Services, with a copy to the City Engineer;
         b.    Such written application shall include all information, facts and figures necessary to properly advise and inform the Development Services Director and the City Engineer of the circumstances which require such appeal and create the hardship;
         c.    The Director of Development Services shall consider the application and the facts thereon, and shall, within twenty days after its filing, grant or deny the appeal or modify the requirements which caused the appeal and shall notify the appealing party in writing of his decision. Any action or decision taken or made by the Director of Development Services may be appealed to the Planning Commission and thereafter to the City Council, if necessary, in the same manner as required for appeals from the requirements of a use or building permit. For subdivision, tracts and lot divisions, any exception and appeal shall also be approved by the State Public Utilities Commission, if so required by the Director of Development Services.
(Ord. 2722 (part), 1990).
16.05.065   Soils report.
   Unless otherwise specified in this title, a preliminary soils report prepared by a civil engineer registered in the state shall be required for every division of land for which a tract map or a parcel map is required. The Director of Development Services may waive the requirement for such report if, due to reports on file or his knowledge of the existing soil conditions and qualities within the land to be divided, he finds that such a preliminary report is not necessary. If the number of lots or parcels involved in the division is small or if their development is to be deferred, the Director of Development Services may also defer the requirement for a soils report until such time as grading or building permits are requested on the lots or parcels. Unless specifically required otherwise, a preliminary soils report shall not be required for the approval of a map for the reversion of divided land to acreage. Any such preliminary soils report shall be based upon sufficient test borings and shall indicate the character and quality of the land and soils within the area being divided. If the preliminary soil report indicates the presence of critically expansive soils, or conditions indicating slippage, soil movement, lack of compaction, seismic activity, or any other condition, which if not corrected could lead to possible structural damage or defects to structures or dwellings built upon the land, then the Director of Development Services may require a soils investigation on each lot or parcel in the proposed division. The report shall recommend corrective actions to be taken which are likely to prevent the defects or damage, and such recommendations shall be required to be implemented as conditions precedent to the issuance of building permits for dwellings or structures on the lots or parcels involved. When a soils report is required, it shall be completed and submitted to the Director of Development Services prior to the City Council approval of the final tract map and prior to the City Engineer's approval of any final parcel map.
(Ord. 2722 (part), 1990).
16.05.070   Inspection of public improvements.
   All construction of improvements under this title shall be subject to inspection and testing by the City Engineer or his authorized representatives to insure compliance with the standards and specifications specified and required by this title. All work and improvements must be found to conform to the standards and specifications as a condition of the City's acceptance of them and the release of any improvement securities held therefor. No construction shall commence or continue without first having arrangements made with the City Engineer or his staff for inspection. The City Engineer and his authorized representative shall have the right to stop any work or refuse to inspect any work or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workmen or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with City standards, specifications or City-approved construction plans. Reasonable access to the construction and work shall be provided at all times so that full knowledge of the progress, workmanship and character of the materials used in the work can be gained.
(Ord. 2722 (part), 1990).
16.05.080   Improvement plans, drawings and related items.
   All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required under the provisions of this title shall be provided at no expense to the City and shall be prepared in accordance with this section and as required by the City Engineer. Construction plans for street, alley, drainage, sewer and water improvements and for any other improvements as required, shall be drawn on standard City mylars in black opaque ink, and shall be filed with the City Engineer for his checking and review prior to their approval. All maps, sketches, descriptions, estimates, plats and other drawings and items required to fulfill the requirements of this title shall also be provided in the form, content, number and detail as specified by the City Engineer. The plans and profiles of all required and proposed public and private improvements in a subdivision tract shall be furnished to the City Engineer, and shall be ready for his approval before a final tract map of the subdivision is presented to the City Council for approval or prior to the City Engineer signing the final parcel map. No construction or work shall commence on any of the improvements shown on any construction or improvement plans required in this chapter until the plans have been reviewed and approved and signed by the City Engineer. After approval and signature by the City Engineer, all original mylars shall become the property of the City and may be released thereafter for reproduction or other purposes only to bonded blueprinting or reproduction agencies, firms or individuals as approved by the City Engineer.
(Ord. 2722 (part), 1990).
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