Where one street is of a higher classification than the other, the lot line fronting the street with the lower classification shall be the front lot line.

If the lot in question is a corner lot and both streets are of the same classification, the narrower of the two frontages shall be designated the front lot line.

The Director of Community Development shall make the determination when the above criteria cannot be clearly applied to the particular situation as a result of topography or other factors.

No building permit shall be issued for any building or structure until all required dedications of public right-of-way have been made to the satisfaction of the Director of Public Works. A Certificate of Use and Occupancy shall not be issued for any site, building, or structure until all improvements abutting rights-of-way for said site, building, or structure have been made to the ultimate right-of-way shown in the General Plan and as determined by the Director of Public Works. Improvements include, but are not limited to curbs, gutters, sidewalks, paving, street trees, traffic improvements, undergrounding of existing and/or proposed utilities, and drainage. All improvements shall be constructed to the specifications and in a manner prescribed by the Director of Public Works.

In lieu of dedication, the City Council may accept an irrevocable offer to dedicate and improve. Such agreement shall be signed by all persons having any right, title, interest, or lien in the property, or any portion thereof, to be dedicated. The signatures on such offer shall be acknowledged, and the agreement shall be recorded in the office of the Orange County Recorder prior to certificate of use and occupancy.

In lieu of the required improvements and if in the best interest of the City, the City Council may accept from any responsible party an agreement to make the specified improvements within a specified time period.

Such agreements shall be accompanied by surety deposits which may include cash, negotiable bonds, or savings and loan certificates. The surety deposit shall equal the cost of the agreed upon improvements. Where savings and loan certificates or deposits are deposited, the owners thereof shall assign the certificates to the City and administration adjusted for inflation as determined by the Director of Public Works. Such deposit and assignment shall be subject to and in compliance with the provisions and conditions of the Municipal Code of the City.

If the estimated cost of the improvements equals or exceeds one thousand dollars, the applicant may file a corporate surety bond with the City in lieu of the deposit. Such corporate surety bond shall guarantee the adequate completion of all of the improvements in an amount equal to the estimated cost of said improvements.

In cases where the stipulated time within which improvements were to be made expires, the City Council may grant additional time as it considers appropriate. Granting of additional time shall include recalculation of improvement costs and security deposits.

Should the responsible person fail to complete any improvement within the agreed upon time, the City Council may determine that the agreed upon improvement is incomplete and may cause a portion of the deposit or surety bond to be forfeited to the City. Such forfeiture shall not exceed the amount required to complete the agreed upon work and expenses incurred by the City as a result of the default. Not less than ten days prior to such a determination, the City shall serve the person with written notice. If the written notice is delivered by mail, it must be registered and shall be served not less than twenty days prior to the determination.

That relieving or partially relieving the applicant's development from providing the required dedications and improvements is consistent with the General Plan and the best interest of the City of Dana Point; and

The required improvements are included in a budgeted City project which will be complete prior to the start of applicant's development or within an approved assessment district and the improvement can be more effectively provided by the City; or

The required construction would create a temporary drainage or traffic problem that can be avoided by delaying the improvement to a later date as part of comprehensive improvements to the area; or

The Director of Public Works determines current improvements to be satisfactory.

The maximum building height for residential buildings is described in Chapter 9.09 for each of the individual zoning districts.

For residential structures, building height is defined as the vertical distance, by which the uppermost portion of the roof of a structure extends above the existing grade, finished pad elevation, (excluding the basement finished pad elevation), ceiling of a maximum 10 foot, zero inch high basement, or 18 inches above the flood protection level, whichever is lower, as measured from the lowest portion of the structure. In no case may this vertical distance exceed the maximum height limit specified in Section 9.05.110(a)(6). For residential structures on Beach Road, building heights shall be measured at 18 inches above the FP-3 elevation, or the elevation of Beach Road, whichever is higher. For residential structures on lots with hillside conditions, in cases where the garage is the lowest floor level, the building height is measured from the garage floor or existing grade, whichever is lower.

Subject to the approval of a minor Site Development Permit, non-residential or residential building height may be measured from the top of not more than 30 inches of fill. Approval of such a minor Site Development Permit, by the Director of Community Development, may only be granted if the applicant can demonstrate compliance with the following criteria:

Subject to the approval of a Site Development Permit, a residential structure proposed in a hillside condition may be allowed to have three stories in accordance with the following provisions:

Building height and height of fences and walls for new residential subdivisions shall be measured from finished grade, subject to approval by the Planning Commission.

Additional criteria in determining maximum building height in residential districts are as follows:

Building height for hillside lots in residential districts is as follows:

The maximum building height for non-residential buildings is described in Chapters 9.11 through 9.25 for each of the individual zoning districts.

For non-residential structures, building height is defined as the vertical distance by which the uppermost portion of a building extends above the existing grade, finished grade, finished pad elevation (excluding subterranean parking structure finished pad elevation), ceiling of uppermost level of subterranean parking structure, or 18 inches above the flood protection level, whichever is lower, to the top of the roof.

Subject to approval of a Site Development Permit, in order to correct existing site drainage problems, a provision to permit non-residential and residential building height to be measured from the top of not more than 30 inches of fill, will be granted in all zones, provided that the fill will contribute to positive site drainage flow (via gravity) to the street, at a minimum percentage grade as verified by the Director of Public Works and Director of Community Development. (See Section 9.05.110(a)(3) for Exhibit).

Additional criteria in determining maximum building height in non-residential districts are as follows:

Permitted Encroachments.

The Director of Community Development may choose to require the applicant to obtain approval of a Site Development Permit, pursuant to Chapter 9.71, if the proposed encroachment creates conditions which may be incompatible, objectionable or detrimental to the surrounding land uses.

The maximum height of any fence, wall or hedge within the required side and rear yard which faces an adjacent property shall be six feet as measured from the finished grade at the base of the fence, wall or hedge to the top of the fence, wall or hedge. The maximum height of any fence, wall or hedge within the required side or rear yard which faces the subject property shall be eight feet as measured from the finished grade at the base of the fence, wall or hedge to the top of the fence, wall or hedge.

For those uses or facilities that are required by the City to be screened, screen walls/hedges in excess of eight feet may be permitted as necessary to provide adequate screening subject to determination by the Director of Community Development.

Fences, walls and hedges shall not exceed 42 inches in height except as provided in Subsection (b)(2) below.

Pilaster and wrought iron fences may exceed 42 inches if designed to conform to the following requirements:

Open face fence material, whether wood, wrought iron, or other material shall not exceed two inches in width nor be spaced less than six inches apart, edge to edge.

The maximum height of retaining walls in the required front yard shall be 30 inches. The total wall height, including the retaining wall shall not exceed 42 inches.

The sight visibility area requirements in Section 9.05.090 shall apply to the placement and height of fences, walls, and hedges.

Reasonable temporary security fencing for vacant lots or construction sites shall be exempt from this Section and may be placed in the required front yard to a maximum height of six feet subject to determination by the Director of Community Development.

Retaining Walls Under Thirty Inches in Height. Retaining walls that are less than 30 inches in height from the top of the retaining wall to finished grade on either side are permitted.

Retaining Walls Thirty Inches or Greater in Height. Except where the subject wall was shown on an approved preliminary or precise grading plan, retaining walls that are greater than 30 inches from the top of the wall to finished grade may be permitted subject to the approval of a Minor Site Development Permit, as described in Chapter 9.71. Approval of retaining walls higher than 30 inches in height shall be considered when the wall is landscaped and does not create conditions or situations that may be detrimental or incompatible with other permitted uses or improvements in the vicinity.

Retaining walls greater than 30 inches but less than 72 inches in height which will not result in a grading fill condition and will not be visible from a public right-of-way, are permitted without a Site Development Permit, provided the wall does not create conditions or situations that may be detrimental or incompatible with other permitted uses or improvements in the vicinity as determined by the Director of Community Development.

Alternative to Height Limits of Retaining Walls. Stepping of retaining walls is also permitted for a maximum height of 72 inches, provided the height of any individual wall does not exceed 30 inches. Stepping is allowed provided that the minimum horizontal distance between the top of the downslope retaining wall and the bottom of the up slope retaining wall shall be greater than two times the vertical distance of the downslope retaining wall. Approval shall be considered when the retaining wall is landscaped and does not create conditions or situations that may be detrimental, or incompatible with other permitted uses or improvements in the vicinity. The top of walls may require guardrails as necessary for safety purposes as determined by the Director of Community Development.

Retaining walls greater than 30 inches in height which face a public street or other public area shall be provided with a landscaped strip along the base of the wall which is of an adequate width (two foot minimum) to accommodate plants which will mature to visually screen the wall.

That the proposed third story has been designed in accordance with the provisions of Section 9.05.200(b); and

That the proposed third story demonstrates exceptional design quality; and

That the proposed third story allows the project to incorporate public spaces at the ground level.

That the requested increase will not significantly contribute to the temporary or cumulative demand for public facilities or services; and

That the proposed project warrants increased intensity because it demonstrates exceptional design quality exceeding minimum City standards; and

That the proposed project provides significant or exceptional public amenities, improvements or benefits, in excess of the minimum standards applicable to the project, which promote the goals and objectives of the General Plan.

Applicability. The provisions of this Section shall apply to all new development within the residential (Chapter 9.09), commercial (Chapter 9.11), mixed use (Chapter 9.13), office (Chapter 9.15), industrial (Chapter 9.17), institutional (Chapter 9.19) and recreational (Chapter 9.21) districts as defined in the Dana Point Zoning Code.

The "Art-in-Public-Places" Program described in this section is a mandatory program and the standards specified are minimum standards for compliance. Participation in the program by itself does not qualify project applicants for consideration of increased project density/intensity as discussed in the Land Use Plan of the Dana Point General Plan.

General Guidelines/Content and Appropriateness. There are no mandated themes for the public art component of a project. Both representational and non-representational artworks are encouraged. Possible thematic content areas for public art may include, but should not be limited to:

Media. The media used in the public art component of a new development project may include any of the features or element described in subsection (b)(5) above. The media employed should be appropriate to the artwork and the immediate physical surroundings. The media chosen should also incorporate non-visual elements (i.e., texture, sound, etc.) wherever possible for the benefit of the visually impaired.

Location. The public art component should be prominently placed within the development project and oriented toward the pedestrian experience of the site. Particular consideration should be given to making the public art accessible to the physically handicapped. Site design should "showcase" the public art and provide viewing opportunities from many angles. Site landscaping and lighting design should complement and enhance the work.

If there is no appropriate on-site location for the public art component, the applicant may propose an alternate location off-site.

Cost. The minimum value requirement for the public art component of a development project is one-half (0.50) percent of the total construction costs of the subject project. The provisions of this Section may be satisfied by either:

Individual single family residences and individual multiple family structures of four or fewer units on existing, legal building sites (Chapter 9.09);

Projects subject to regulation under the Dana Point Harbor Revitalization Plan and District Regulations (Chapter 9.25); or

Projects with total construction costs of less than one million dollars ($1,000,000.00) as defined under Subsection (b)(7) above.

Projects Requiring Other Discretionary Review. The review of the public art component of development projects shall be carried out by the Dana Point Community Services Commission concurrent with the initial discretionary review of the entire new development project by the Dana Point Planning Commission or the Dana Point City Council.

Application Processing.

Projects Not Requiring Other Discretionary Review. The review process for projects which do not require other discretionary review is similar to that described under subsection (e)(2) above, with the exception that the recommendation of the Community Services Commission will be made to the Director of Community Development. Final approval of the public art component of a development project will still be made by the Planning Commission, except in cases where the in-lieu contribution is chosen.

Public Art Component Application Requirements. The application for the public art component of a development project shall include the following:

Findings. In approving the public art component of a development project, the Planning Commission must make the following findings in the form of an adopted resolution:

Conditions of Approval. The following standard conditions of approval shall apply to all development projects participating in the "Art-In Public-Places" program:

The applicant shall submit a site plan detailing the location of the top of the subject slope.

The applicant shall submit evidence which details the gradient of the slope.

The applicant shall submit a soils report substantiating the ability of the slope geology to support the proposed deck extension.

The applicant shall provide a letter detailing how the proposed deck extension would not pose any detrimental aesthetic impact to any surrounding properties or to any public views or vistas.

In no case may the minor Site Development Permit allow an extension of the deck beyond four feet from the top of the slope.