City of Stockton, CA PUBLIC IMPROVEMENTS

Street structural section;

Tree wells and sprinkler system;

Fence;

Street lighting;

vi.

Street signs;

vii.

Traffic signals;

viii.

Storm drainage facilities;

ix.

Sanitary sewer facilities;

Water facilities;

xi.

Fire hydrants;

xii.

Storm drain and sanitary sewer pump stations;

xiii.

Railroad crossings;

xiv.

Bridges and major thoroughfares;

xv.

Libraries;

xvi.

Fire stations;

xvii.

Police substations; and

xviii.

Parks.

To reimburse a developer or the City for the preparation of a specific plan, precise road plan, master utility plan, area-wide traffic analysis, and similar studies which benefits property inside the plan area.

By resolution, the City Council shall establish the boundaries of the area of benefit, the estimated or actual cost, a fair method of allocation of costs, fee apportionment, and the applicable fees to be paid. The cost shall include design, construction, inspection, acquisition of land or easements, contingencies, and incidental expenses.

The area of benefit fees shall include a City administrative charge of 10 percent of the total cost.

Fee Adjustment. The actual or estimated cost of the public improvement shall be adjusted in accordance with the Engineering Construction Cost Index as published by Engineering News Record for the elapsed time period between the date the area of benefit is formed and the date the fee is collected. The revised area of benefit fee shall equal the adjusted cost plus a City administrative fee of 10 percent of the adjusted cost. Should a County, school district, or other public agency develop a parcel of land within a tentative map area, and the agency is found to be exempt from payment of area of benefit fees, the assessment for the parcel shall be prorated equally as an adjustment upon the balance of the unpaid parcels within the approved tentative map area.

Separate Funds. Area of benefit fees, less the 10 percent City administrative charge, shall be deposited in separate funds. Moneys in such funds shall be expended solely for the construction or reimbursement for construction of the public improvements serving the area to be benefited. The funds shall also accrue interest.

Life of Area of Benefit. An area of benefit shall remain in existence until all fees have been collected. After the area of benefit has been in existence for 20 years, all fees collected shall be retained by the City.

Surplus Distribution.

After completion of the public improvements and payment of all claims from any area of benefit, the Council may determine by resolution the amount of the surplus, if any, remaining in any of those funds.

There shall be transferred to the General Fund any remaining portion of the surplus which has not been paid to or claimed by the persons entitled thereto within two years from the date of either the completion of the improvements, or the adoption by the resolution declaring a surplus, whichever is later to occur.

Credits.

Where the City has established an area of benefit for the future construction of a needed public improvement, a development will be credited for any portion of the improvement installed by the developer.

Whenever the area of benefit fees exceed the credits, the developer shall pay to the City the balance. Whenever the credits exceed the area of benefit fees, the City will reimburse the developer from subsequent payments.

Payment of Fees Required. Prior to the issuance of a building permit or the filing of any final or parcel map, the developer shall pay all area of benefit fees. The fees shall be paid for the entire area included within the map, including developed parcels.

Exemptions. Payment of area of benefit fees shall not be required for:

The following accessory buildings and structures: Private garages, children's playhouse, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.

The use, alteration, or enlargement of any existing structure(s) or the erection of one or more structures on the same lot or parcel of land, provided the total value, as determined by the Department, of all such alterations, enlargements, or construction does not exceed 25 percent of the current market value, as determined by the Department, of all existing structures on the lot or parcel of land, and the alteration or enlargement of the structure would not change its classification or occupancy as defined by the California Building Standards Code. This is a one time exemption and subsequent development shall require full payment of all area of benefit fees.

Reimbursements.

A developer who installs public improvements, which benefit property outside the development, is eligible for reimbursement. An area of benefit will be established to reimburse the developer a proportionate share of the cost. The developer will be reimbursed from area of benefit payments from future development. The amount of reimbursement shall equal the area of benefit payments less the 10 percent City administrative charge.

Reimbursement shall be payable to heirs, successors and assigns of the developer. Payment to more than one individual, corporation, or partnership must be approved by the City.

Notice of Hearing. Before the adoption of a resolution creating an area of benefit under this section and at least 10 days before the date and time set for the hearing before the Council, a notice of the date, time, and location of the hearing and a statement of the nature of the improvement to be constructed under the area of benefit, the actual or estimated costs of the project, and the proposed boundaries of the area of benefit shall:

Be sent to the owners of all property proposed for inclusion in the area of benefit by first class mail, to the addresses shown on the latest equalized assessment roll of San Joaquin County; and

Be published at least once in a newspaper of general circulation in the City.

Hearing. A hearing on a proposed area of benefit shall take place before the Council, at which time all interested parties shall be heard. The Council shall establish the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment.

Runs with Land. The area of benefit shall bind and run with the land.

(Prior code § 16-355.050; Ord. 015-09 C.S., eff. 12-3-09; Ord. 2020-12-01-1502 C.S. § 26)

§ 16.72.060 Dedications and exactions.

Findings Required for Dedications and Exactions. Dedications or exactions may be required by the Review Authority through conditions of approval of a proposed tentative map or other discretionary grants of approval, only after first making findings which:

Identify the purpose for the dedication or exaction; and

Demonstrate that there is a reasonable relationship between the need for the dedication or exaction and the characteristics and impacts of the development from which the dedication or exaction is required.

Public Utilities and Utility Easements.

Utilities. Public utilities, including electricity, gas, water, sewer, storm drains, telecommunications services, cable television, and traffic signal detector loops shall be installed as part of the improvements within all subdivisions as provided by this section.

Easements.

Minimum Width. The minimum width of easements for public or private utilities, street tree planting, sanitary sewers, or water distribution systems shall be determined by the Review Authority based on the recommendations of:

The City Engineer for City facilities other than utilities; and

The recommendations of the applicable utility provider for public or private utilities.

Overhead Lines. New overhead utility lines shall not be permitted.

Installation. Lateral connections to all underground utilities, water lines, and sanitary sewers shall be laid to sufficient lengths to avoid the need for disturbing the street improvements when service connections are made.

Park Land Dedications and Fees.

Purpose. This section provides for the dedication of land and/or the payment of fees to the City for park and recreational purposes and/or the construction of park and recreational facilities.

Applicability.

Land Dedication and/or Fee Payment and/or Construction of Park and Recreational Facilities. The subdivider shall dedicate land and/or pay a fee and/or construct park and recreational facilities in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities.

Exemptions. The provisions of this section do not apply to industrial or commercial subdivisions, condominium projects, or stock cooperatives, which consist of the subdivision of airspace in an existing apartment building, which is more than five years old, when no new dwelling units are added.

Amount of Parkland Required. The amount of acreage required to be dedicated by a residential subdivider for park and recreational purposes shall be based upon the number of dwelling units expected in the subdivision. The required dedication shall be computed using the following formula:

X = .003(UP)
Where:
X	=	Amount of park land required, in acres.
U	=	Total number of approved dwelling units in the subdivision.
P	=	The projected average number of residents per dwelling unit in the proposed subdivision, as determined by the Director.

General Park Land Fees.

Basis for Fee. The park land fee shall be based on the estimated proportionate cost that would be needed to acquire the land and develop facilities for a park thereon and shall be established by Council resolution.

Administrative Guidelines. The City Council shall by resolution, adopt administrative guidelines to provide procedures for the calculation, reimbursement, credit, or deferred payment of parkland dedication and fees.

Criteria for Requiring Dedication, Construction, and Fees. In subdivisions of over 50 lots, the City may require the subdivider to dedicate both land and pay a fee, and/or construct park and recreation facilities in compliance with the administrative guidelines and/or applicable tentative map conditions.

Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use and shall meet all criteria established by the General Plan.

Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall not be considered when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

If the Director determines that any of the land proposed to be dedicated is not suitable for park use, he or she may reject all or any portion of the land offered, and in that event the subdivider shall provide an alternative site or, at the discretion of the Director instead pay a fee in compliance with subsection (C)(4) (General parkland fees).

Conveyance of Land, Payment of Fees. Real property being dedicated for park purposes shall be conveyed by the parcel or final map or by grant deed, to the City by the subdivider, free and clear of all encumbrances except those which, in the opinion of City Attorney, will not interfere with use of the property for park and recreational purposes, and which the Council agrees to accept. The amount of required fees shall be deposited with the City at the time of submittal of the building permit. The subdivider shall provide the instruments required to convey the land and title insurance approved by the City Attorney in favor of the City in an amount equal to the value of the land.

Maintenance Entity for Dedicated Park Land.

Prior to recordation of any final map or in conjunction with the formation of a homeowner's association, the developer shall provide a mechanism or system to insure that the subdivision permanently pays its proportionate share of costs associated with the maintenance of any park site within the service area of the subdivision or serving the subdivision. The mechanism for doing so may be by annexation into the City's consolidated landscape maintenance district or by the formation of a new zone of the City's consolidated landscape maintenance district to ensure that properties are assessed for the maintenance costs.

The owner, developer, or successor-in-interest shall be responsible for maintenance of the park site until such time as the zone of the Stockton consolidated maintenance district, through which the park shall be maintained, generates sufficient revenue to assume such responsibility.

Right-of-Way Dedications. All right-of-way dedications for subdivisions and single-lot developments shall comply with the standard plans and specifications, and the following requirements:

TABLE 3-12 RIGHT-OF-WAY DEDICATION AND CONSTRUCTION OF IMPROVEMENTS GREATER THAN THE STANDARD ONE-HALF SECTION OF A LOCAL STREET
Situation	Responsibility for R/W and Improvements	Remarks
Redevelopment of site; No increase in trip generation	City
Redevelopment of site; Increased trip generation	Developer	If budgeted, (not just listed in CIP) City to construct and sets up AOB to recover fair share.
Vacant or underdeveloped; Increased trip generation	Developer

All development is responsible to construct minimum frontage improvements (half section of a local street) including but not limited to curb, gutter, sidewalk, 18 feet of pavement, and street lights. This table only applies when improvements exceed these levels.

This table does not apply when a precise road plan amendment is a part of the development application.

This table does not apply when new/additional access is requested and improvements are required to accommodate the new/additional access

Offers of Dedication Required. The developer shall dedicate via a grant of easement or make an irrevocable offer of dedication for all land within the development that is determined by the Review Authority to be needed for public streets, including access rights and abutters' rights; drainage; and scenic easements, public utility easements, and any other necessary public easements.

Improvements. The developer shall construct or agree to construct all improvements approved or required for the development, including access rights and abutters' rights, in compliance with the standard plans and specifications.

Rights-of-Way. Rights-of-way shall be consistent with any specific plan, precise road plan, or master development plan, and be of sufficient size to accommodate the required improvements.

Access Rights.

Residential Development. Where residential property is to be developed adjacent to an existing or proposed divided street, major or minor arterial, or collector, the developer shall be limited to backup lot design and access rights shall be dedicated to the City.

Nonresidential Development. Where commercial or industrial property is to be developed adjacent to an existing or proposed divided street, major or minor arterial, or collector, access rights shall be dedicated to the City in compliance with the requirements of this Development Code.

Specific Plan, Precise Road Plan, or Master Development Plan Requirements. Where restricted access is noted on an adopted specific plan, precise road plan, or master development plan, the developer shall dedicate access rights to the City.

EBMUD Right-of-Way Landscaping. Owners, developers, and/or successors-in-interest of proposed developments abutting the East Bay Municipal Utilities District (EBMUD) right-of-way property shall be required to enter into a landscaping sublicense agreement with the City and be required to provide landscaping with irrigation and, if deemed necessary by the Director, a 12-foot Class 1 bike path within the EBMUD right-of-way in compliance with the master bikeway plan. Plans for the landscaping, irrigation, and bike path shall be prepared by a licensed landscape architect and shall be subject to approval by the appropriate EBMUD authority and the Director. Plans for the improvements shall be prepared by an experienced licensed landscape architect and shall be subject to review and approval by the appropriate EBMUD authority, the City Parks Facility Planner/Landscape Architect, and the City Engineer. Maintenance for such improvements shall be in compliance with Section 16.72.240 (Landscaping), including bike paths.

Alternative Transportation Systems. Whenever a development falls within an area designated for the development of fixed guide way systems, transit facilities, bike paths, or hiking or equestrian trails in the General Plan, parks and recreation or bikeways master plans, applicable specific plan, precise road plan, or master development plan, or by implementing legislation, the developer shall dedicate land as is necessary to provide for these ways. Further, bicycle paths and transit facilities shall be dedicated as follows:

Bicycle Paths. If the approved subdivision contains 200 or more parcels, any subdivider who is required to dedicate roadways to the public shall dedicate additional land for, and construct bicycle paths, which are consistent with the City's master bikeway plan to benefit the residents of the subdivision. (Section 66475.1 of the Map Act). Before recordation of any final map, the developer shall provide a mechanism or system to insure that the subdivision permanently pays its proportionate share of costs associated with the maintenance of any Class 1 bicycle path within the subdivision or serving the subdivision. The mechanism for this may be a homeowners association, annexation into the City's consolidated landscape maintenance district, or formation of a new zone of the City's consolidated landscape maintenance district.

Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths, and similar items that directly benefit the residents of the subdivision if:

The subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown in the General Plan or contains 100 acres or more; and

The Review Authority finds that transit services are or will, within a reasonable time period, be available to the subdivision. (Section 66475.2 of the Map Act).

(Prior code § 16-355.060; Ord. 023-07 C.S. § 54; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.070 Improvements (plans, agreements, and security).

Applicability. After the approval of a final or parcel map, a land use permit, or a building permit requiring the installation of improvements, the subdivider or developer shall diligently proceed to complete any improvements necessary to fulfill the conditions of approval. Improvement shall be defined as any infrastructure including streets, storm drains, sewers, and the like.

General Requirements for Improvements. The construction methods and materials for all improvements shall conform to the standard plans and specifications. The process of construction shall comply with the following requirements and all other applicable requirements of this chapter.

Prerequisites for Construction. Prior to the start of construction the following items are required:

Approval of the City Engineer for:

Improvement plans prepared in compliance with this section,

Deferred improvement agreements for single-lot development or subdivisions of four or fewer parcels, and

Subdivision agreements for all subdivisions;

Encroachment permit;

Insurance certificate naming City as additional insured; and

Pre-construction conference with contractor and City Engineer or authorized representative.

Post-Construction Requirements. After the improvements are completed to the satisfaction of the City Engineer, the developer's engineer shall submit record drawings based in part on information compiled and furnished by others. The developer shall submit a cash deposit or warranty security to the City covering all improvements for one year after final acceptance. Performance security may be retained for one year after acceptance in lieu of warranty security.

Timing. Improvements necessary to serve a structure shall be completed and accepted by the City prior to final building inspection or occupancy of that structure within the subdivision or development.

Deferral of Improvements.

Criteria for Deferral. The City Engineer may approve the deferral of public improvements for the following cases, subject to the approval of a deferred improvement agreement in compliance with subsection (D)(2) of this section (Improvement agreements, land use permits, building permits, and security).

Single-lot development in an active Community Development Block Grant Program area designated by the Council, where construction or reconstruction of street improvements is proposed in the plan for improvement.

The use, alteration, or enlargement of an existing structure or the construction of one or more structures on the same parcel, provided that:

The total value of all alterations, enlargements, or construction does not exceed one-fourth of the current market value, as both values are determined by the Department, of all existing buildings on the parcel; and

The alteration or enlargement of the structure does not change its classification or occupancy as defined by Section 501 of the California Building Standards Code.

Private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, storage sheds, shops, barns, and other buildings that are accessory to one-family or two-family dwellings.

Single-lot development or subdivisions of four or fewer parcels where the construction is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements.

Deferred Improvement Agreement. When improvements are deferred, the developer shall enter into an agreement with the City for the installation of all public improvements at such time in the future as required by the City. The agreement shall provide:

That the improvement security shall be provided at the time the deferred improvement agreement is approved.

Construction of the improvements shall begin within 90 days of the receipt of the notice to proceed from the City.

That in the event of default by the owner(s), developer(s), and/or successor(s)-in-interest, the City is authorized to complete the construction and to charge the entire cost and expense to the owner(s), developer(s), and/or successor(s)-in-interest, including interest from the date of notice of the cost and expense. This agreement shall be recorded with the County Recorder at the expense of the owner(s) and shall constitute notice to all successors-in-interest of the title to the real property of the obligation to pay the costs, expenses, and interest. A lien shall be placed for the amount to fully reimburse the City, including interest, and is subject to foreclosure in the event the payment is in default.

That in the event of litigation caused by any default of the owner(s), developer(s), and/or successor(s)-in-interest, the owner(s), developer(s), and/or successor(s)-in-interest agree to pay all costs involved, including reasonable attorney's fees, which shall become part of the lien against the property.

That the term "owner" shall include not only the present owner but also heirs, successors, executors, administrators, and assigns. The obligations shall run with the real property and shall constitute a lien against it.

Standards for Deferred Improvements. The agreement shall not relieve the owner from any other specific requirements. The construction of deferred improvements shall conform to the provisions of this Development Code and all applicable sections of the Municipal Code in effect at the time of construction.

Prerequisites for Agreement. Prior to the approval of the deferred improvement agreement, the developer shall provide:

All applicable fees for street tree planting, installation of street signs, traffic signals, and participation in area of benefit for drainage and sanitary sewers, bridge crossings, major thoroughfares, and other public improvements, and inspection fees as established by the Council fee resolution.

Deeds for dedication of easements or rights-of-way where necessary to effectuate specific plans or precise road plans, or where necessary for traffic circulation.

Improvement Agreements, Land Use Permits, Building Permits, and Security. A developer may file a parcel or final map before completion of all the improvements required by this Development Code and conditions of approval of the tentative map or applicable land use permit, only when the subdivider first obtains Review Authority approval of an improvement agreement executed and submitted for Review Authority review by the developer, and provides the City performance security as required by this section.

Improvement agreements and required security shall also comply with Chapter 5 of the Map Act. Required securities for land use permits and building permits shall be provided as specified in subsection (D)(1)(d) of this section (Improvement agreements, land use permits, building permits, and security).

Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the City Engineer and approved by the City Attorney and shall include the following provisions:

Description of Improvements. A description of all improvements to be completed by the developer, with reference to the approved subdivision improvement plans.

Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the City Engineer.

Completion by City. Provide that if the developer fails to complete all required improvements within the specified time, the City may elect to complete the improvements and recover the full cost and expenses thereof from the developer or the surety, including any attorney and legal fees associated with enforcement of the agreement.

Surety Requirement.

Require the developer to secure the agreement by furnishing security to insure full and faithful performance and to insure payment to laborers and material suppliers, as specified in subsection (D)(2) of this section (Improvement agreements, land use permits, building permits, and security). The amount of surety shall be based on an engineer's cost estimate submitted by the developer as provided by subsection B of this section (Residential projects), and approved by the City Engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate.

The developer shall provide the City with a cash deposit of 1% of the construction cost or a minimum of $5,000.00, whichever is greater. The deposit may be used at the discretion of the City to correct deficiencies and conditions caused by the developer or contractor that may arise during or after the construction of the subdivision. Any unexpended amount shall be returned to the developer at the time all bonds are released.

Phased Construction. Provisions for the construction of improvements in units, at the option of the developer.

Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the developer, consistent with the requirements of subsection G of this section (Time extensions).

Progress Payments. Provide for progress payments from surety deposits, in compliance with the requirements of subsection (I)(3) of this section (Acceptance of a portion of the improvements), provided that no progress payment shall be construed to be accepted by the City of any portion of the required improvements or any defective work or improper materials.

Security Required to Guarantee Improvements. A subdivision improvement agreement, deferred improvement agreement, or a subdivision road maintenance and repair agreement, land use permit, or building permit shall be secured by adequate surety in a form approved as to form by the City Attorney and sufficiency by the City Engineer, as follows:

Type of Security.

A guarantee for "faithful performance," in the amount of 50 percent of the engineer's estimate; and

A guarantee for "materials and labor," in the amount of 50 percent of the engineer's estimate. Subdivision improvement agreements, land use permits or building permits shall be secured by all of the following in subsection (D)(2)(b).

Form of Security. The required surety shall consist of one or more of the following forms selected by the City Engineer for the full amounts specified in subsection (D)(1) of this section (Contents of improvement agreement):

A deposit, either with the local agency or a responsible escrow agent or trust company, at the option of the local agency, of money (cash, check, money order) or negotiable bonds of the kind approved for securing deposits of public moneys;

A bond or bonds executed by one or more duly authorized corporate sureties;

An instrument of credit from an agency of the State, Federal, or local government when any said agency provides at least 20 percent of the financing for the portion of the act or agreement requiring security, or from one or more financial institutions subject to regulation by the State or Federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or a letter of credit issued by such a financial institution;

A lien upon the property to be divided, created by contract between the owner and the City, where the Review Authority finds that it would not be in the public interest to require the installation of the required improvement sooner than two years after the recordation of the map; or

Any form of security, including security interests in real property, which is acceptable to the local agency.

Improvement Plans. Before the construction of any improvements, the subdivider or developer shall submit plans to the City as follows (see Section 16.72.250, Landscaping):

Preparation and Content. Improvement plans shall be prepared by a registered civil engineer licensed to practice in the State. Improvement plan submittals shall include the following information:

Any drawings, specifications, calculations, design reports, and other information required by the City Engineer shall be in compliance with the City's standard specifications and plans;

Subdivision utility master plans (water, sewer, and storm drainage) as approved by the Director of Municipal Utilities;

Pump station plans (water, sewer, and storm drainage) as approved by the Director of Municipal Utilities;

Grading, drainage, erosion and sediment control, and a storm water pollution prevention plan (SWPPP) for the entire subdivision for review and approval by the Director of Municipal Utilities;

A vellum or Mylar copy of the approved landscape and irrigation plans for the City record shall be provided for any landscaping installed along streets or public areas;

The improvement plan/specification checking and construction inspection fees as required by the Council's fee resolution; and

In compliance with this subsection E of this section (Improvement plans), the subdivider shall also submit to the City Engineer a detailed cost estimate of all improvements upon:

The submittal of initial improvement plans, and

The approval of improvement plans.

Submittal of Plans. Improvement plans shall be submitted to the City Engineer.

Review and Approval. Improvement plans shall be reviewed and approved by the City Engineer, in compliance with any approved/adopted utility master plan, within the time limits provided by Map Act Section 66456.2.

Effect of Approval. The final approval of improvement plans shall generally be required before approval of a parcel or final map. The approval of improvement plans shall not bind the City to accept the improvements nor waive any defects in the improvements as installed.

Changes to Approved Plans. See subsection H of this section (Revisions to approved plans).

Construction of Improvements. Improvements required by this chapter shall be constructed/installed in compliance with this section.

Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans in compliance with subsection E of this section (Improvement plans), and before the approval of a parcel or final map, if applicable, in compliance with Chapter 16.192 (Parcel Maps and Final Maps), or before any final building inspection or any certificate of occupancy, except where:

Improvements are deferred in compliance with subsection C of this section (Deferral of improvements); or

Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required, as specified in the Map Act (Section 66411.1 of the Map Act);

Pre-Construction Conference. Prior to any construction, the developer shall arrange for a pre-construction conference with the supervisor and/or contractor, subcontractors, utility companies, and the City Engineer, or the City Engineer's authorized representative.

Inspection of Improvements. The construction and installation of required improvements shall occur as follows:

Supervision. Before starting any work:

Authorized Representative. The contractor engaged by the developer shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the City.

Fee and Permit. The inspection fees shall be paid and encroachment permit issued before inspections shall be permitted.

Supervisor. The designated representative shall be present at the work site at all times while work is in progress.

Emergency Work. At times when work is suspended, arrangements acceptable to the City Engineer shall be made for any emergency work that may be required.

Inspection Procedures.

Inspections Required. The City Engineer shall make any inspections deemed necessary to ensure that all construction complies with the approved improvement plans. Where required by the City Engineer, the developer shall enter into an agreement with the City to pay the full cost of any contract inspection services determined to be necessary by the City Engineer.

Acceptance. Work performed without inspections shall not be accepted by the City for maintenance.

Additional Deficiencies. The developer shall be responsible for correcting any deficiencies that may subsequently be discovered.

Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement shall be granted only as follows:

City Engineer's Report. The City Engineer notifies the Council that either the subdivider is proceeding to do the work required with reasonable diligence or is not yet ready to develop the subdivision, and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the City Engineer, at an increased amount.

Updating. In consideration of a subdivision improvement agreement extension, the following may be required:

Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

Increase of improvement securities in accordance with revised construction estimates; and/or

Inspection fees may be increased to reflect current construction.

Council Action. The Council approves the extension by a majority vote. As a condition of granting a time extension, the Council may impose whatever additional requirements the Council deems reasonable to protect the public interest.

Revisions to Approved Plans. Revisions to public improvement plans may be proposed, reviewed, and approved or disapproved as follows:

By Developer. Requests by the developer or the engineer for revisions to the approved plans appearing necessary or desirable during construction shall be submitted in writing to the City Engineer or authorized representative and shall be accompanied by a revised drawing showing the proposed revision. If the revision is acceptable, the original shall be returned to the developer's engineer for revising. The revised plans shall be immediately transmitted to the City Engineer for initialing. Construction of any proposed revision will not be permitted to commence until revised plans have been initialed by the City Engineer.

By City Engineer. When revisions are deemed necessary by the City Engineer to protect public health and safety, or as field conditions may require, a request in writing shall be made to the developer and engineer. The developer's engineer shall revise the plans and transmit the original to the City Engineer for initialing within the time specified by the City Engineer.

Construction of all or any portion of the improvements may be stopped by the City Engineer until revised drawings have been submitted. The developer may appeal revisions required by the City Engineer to the City Council by filing an appeal with the City Clerk within two working days following receipt of the request to revise the plans.

Acceptance of Improvements.

Verification. Before acceptance for maintenance or final approval by the Council of development improvements, the City Engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications, and the developer shall provide deeds for dedication of easements or rights-of-way where necessary to effectuate specific plans or where necessary for traffic circulation.

Acceptance. After all items are completed and all items on the deficiency list have been corrected and as-built improvement plans received, the Council, by this section, designates the City Engineer the authority to accept subdivision improvements. Single-lot development and parcel maps of four or fewer parcels may also be accepted by the City Engineer.

Acceptance of a Portion of the Improvements. When requested by the developer in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements shall be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the developer from any other requirements of this Development Code.

Landscape Improvements. See Section 16.72.240(D) regarding landscape maintenance after installation.

Notice of Completion. If the subdivision is accepted by the City, the City Clerk shall file a notice of completion with the County Recorder.

(Prior code § 16-355.070; Ord. 023-07 C.S. § 55; Ord. 001-08 C.S. §§ 14, 15; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11; Ord. 2020-12-01-1502 C.S. § 27)

§ 16.72.080 Subdivision design and improvement requirements.

Applicability of Design and Improvement Standards. The requirements of this chapter apply to subdivisions and single-lot development, in addition to all applicable requirements of this Development Code, as follows:

Extent of Required Improvements. All subdivisions shall provide the improvements required by this chapter, and any additional improvements required by conditions of approval.

Applicable Design Standards, Timing of Installation. The subdivider shall construct all on-and off-site improvements according to standards approved by the City Engineer. No final map shall be presented to the Council or parcel map for four or fewer parcels to the City Engineer for approval until the subdivider either completes the required improvements, or enters into an agreement with the City for the work.

Subdivision Improvement Standards—Conditions of Approval. The applicable subdivision improvement and dedication requirements of this chapter and any other improvements and dedications required by the Review Authority in compliance with Section 16.188.050 (Review and decision), shall be described in conditions of approval adopted for each approved tentative map (Section 16.188.070). The design, construction or installation of all subdivision improvements shall comply with the requirements of the City Engineer.

Conflicting Provisions. In the event of any conflict between the provisions of this chapter and other provisions of this Development Code, or other provisions of the Municipal Code, the most restrictive provisions, as interpreted by the Director, shall control. In the event of any conflict between the provisions of this chapter and the Map Act, the Map Act shall control, as interpreted by the Development Review Committee (DRC).

Limit to Required Improvements—Four or Fewer Parcels. As required by Map Act Section 66411.1, improvements required for subdivisions of four or fewer parcels shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created.

Oversizing of Improvements. At the discretion of the Review Authority, improvements required to be installed by the subdivider for the benefit of the subdivision may also be required to provide supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and may be required to be dedicated to the City, in compliance with Article 6, Chapter 4 of the Map Act. In the event that oversizing is required, the City shall comply with all applicable provisions of Map Act Sections 66485 et seq., including the reimbursement provisions of Map Act Section 66486.

Monuments. The subdivider shall install monuments in compliance with Chapter 16.208 (Surveys and Monuments), and the Map Act.

Parcel and Block Design. The size, shape, and arrangement of proposed parcels shall comply with this section or with any General Plan policy, applicable specific plan, precise road plan, or master development plan requirements; utility master plans; the City's standards specifications and plans; other provisions of this Development Code; and Municipal Code provisions applicable to a proposed subdivision.

Parcel Area. The minimum area for new parcels shall be as required by Division 2 (Zoning Districts and Allowable Land Uses), except as otherwise provided by this section.

Calculation of Area. When calculating the area of a parcel to determine compliance with this section, Table 2-3 (Zoning District Development Standards), or the General Plan, the following shall be deducted from the gross area of any parcel, regardless of whether they may be used by the general public or are reserved for residents of the subdivision:

A vehicular or nonvehicular access easement through the parcel; or

An easement for an open drainage course, whether a ditch, natural channel or floodway.

Minimum Lot Area Requirements for Common Interest Projects. The minimum lot area requirements of Division 2 (Zoning Districts, Allowable Land Uses and Zone-Specific Standards) shall not apply to condominiums and condominium conversions, planned developments, townhouses, zero lot line, and similar projects, but shall apply to the creation of the original parcel or parcels that are the location of the common interest development.

Frontage. The frontage of new parcels shall comply with the applicable provisions of Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards), and the City's standard specifications and plans or as otherwise required by the Review Authority.

Parcel and Block Configuration. The layout of proposed parcels and streets shall be designed to use land efficiently, mitigate environmental impacts, and minimize site disturbance in terms of cuts and fills and the removal of significant vegetation. For residential development, the following shall apply:

Double-Frontage Lots. Parcels with streets along more than one side shall be prohibited, unless necessitated by topographical or other physical conditions, and where access to all but one of the roads is prohibited.

Block Length.

Residential. The length of a residential block shall not exceed 900 feet.

Nonresidential. The length of a nonresidential block is not limited.

Driveway Standards. Proposed parcels shall be designed to accommodate driveways designed in compliance with Section 16.36.030 (Access—General).

Residential Density. The maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the General Plan for the site and the maximum number of dwelling units permitted on a net acre of land by the applicable zoning district by Division 2 (Zoning Districts, Allowable Land Uses, and Zone-Specific Standards). This may be further restricted by considerations of safety, traffic access or circulation, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this Development Code.

Wells and Septic Tanks. Any on-site wells and septic tanks shall be abandoned and destroyed before recordation of any final map or parcel map. Standards for abandonment and destruction shall be in compliance with the requirements of the San Joaquin County Department of Environmental Health.

Easements. No permanent structure(s) or utilities shall be allowed in an easement without the express permission of all who have a right to that easement.

Homeowner's Association.

The owners, developers, and/or successors-in-interest shall be responsible for the establishment of a Homeowner's Association and covenants, conditions, and restrictions (CC&Rs) for all single-family subdivisions of five or more lots to maintain all landscaping, structures, and walls/fences on the private properties and common areas within the subdivision area.

The CC&Rs shall be subject to review and approval by the City Attorney and the Director before their recordation.

The owners, developers, and/or successors-in-interest shall be responsible for the recordation of the CC&Rs and payment of the recording expenses prior to or in conjunction with the recordation of any final map for the subdivision.

The City shall be declared to be a third-party beneficiary of the CC&Rs and shall be entitled, without obligation, to take appropriate legal action to enforce the CC&Rs.

Before the recordation of any small lot final map (or concurrently with the formation of a Homeowner's Association), the owners, developers, and/or successors-in-interest shall establish a maintenance entity acceptable to the City to provide funding for the maintenance of, and if necessary replacement at the end of the useful life of, improvements, including common area landscaping, parks, pocket parks, access lots, landscaping in the right-of-way, streetlights, soundwalls and/or back-up walls, and all "Improvements" serving, or for the special benefit of, this subdivision.

(Prior code § 16-355.080; Ord. 023-07 C.S. § 56; Ord. 001-08 C.S. § 16; Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.085 Parks and public places.

Public Parks and Recreational Facilities.

Planning, Design, and Development. The City Landscape Architect shall be responsible for:

The planning, design, and development of the City's public parks, recreational and public facilities, and other public places; and

The supervision, direction and control of the planting, setting out, location, placement, removal, relocation and replacement of trees, shrubs, and other plants in public parks, recreational and public facilities, and other public places.

Maintenance. The maintenance of public parks shall be the responsibility of Public Works, in consultation with the City Landscape Architect.

Emergency Removal. In circumstances where the condition of a tree or shrub in a park or public place poses an immediate threat to health or safety or to property, as determined by the Public Works Director or designee, the tree or shrub may be removed by the City without a permit. Each removed tree shall be replaced by the City on at least a one-to-one basis. The location and size of the replacement tree or shrub shall be determined by the City Landscape Architect based on the available space and the size of the tree or shrub that is removed.

Rights-of-Way and Planting Easements.

The City Landscape Architect shall be responsible for the planning, removal, replacement, or relocation of any street tree in the City rights-of-way and planting easements in compliance with Sections 16.72.180 (Street trees) and 16.72.240(A)(1)(a) (Street trees).

A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to trim, prune, plant, remove, replace, or relocate a tree within the City right-of-way or planting easement, except for regular maintenance by Public Works and for the following provided that it does not result in effective removal of the tree as defined in Division 8, Glossary:

Trimming branches of trees that interfere with:

The visibility of traffic signs, or

The movement of pedestrians on sidewalks or vehicles on streets;

Removal of dead branches; and/or

Removal of mistletoe.

To obtain a permit:

A written request shall be addressed to the Director and shall clearly state the reasons for the request.

The Director may approve or deny the request and shall designate the following to trim, prune, plant, remove, replace, or relocate the tree:

The City; or

The applicant subject to the approval of the City.

The Director's decision shall be based on:

Structural weakness;

Disease and/or insect infestation;

Destructive root system causing excessive damage to public and/or private improvements;

Obstruction to a driveway or entrance-way;

Interference with the normal use and enjoyment of public and/or private property;

vi.

The issuance of an encroachment permit by the City for sidewalk and curb improvements;

vii.

The moving of a house;

viii.

New construction.

The permit expires 30 days after the date of issuance.

If the request is for the benefit of the applicant, the cost shall be borne by the applicant.

Anyone who does not obtain a permit to trim, prune, plant, remove, replace, or relocate a tree or shrub shall pay a fine in compliance with the Council's fee resolution. All fines shall be used to purchase and plant replacement trees and shrubs in compliance with subsection (B)(4).

During the erection, repair, or alteration of any building or structure, all street trees in the right-of-way or planting easement shall be protected so as to prevent injury or damage to the tree during construction work.

The Director shall be responsible for the City's Official Street Tree Planting List composed of types and species of trees and shrubs that are suitable and desirable for planting, as well as the area and conditions appropriate for the planting of the trees and shrubs. All trees and shrubs planted in the right-of-way or planting easement shall be in compliance with the Official Street Tree Planting List, as revised from time to time.

Anyone who removes a street tree shall replace them on a one by one basis. The size of the replacement shall be determined by the Director based on the size of the tree that was removed, with the minimum size being a 15-gallon container stock. If possible, the replacement tree shall be planted on the same parcel as the tree that was removed; if not possible, it shall be planted in a City park or some other location determined by the Director.

Other Property. Property owners shall be responsible for the landscaping, removal, cutting, trimming, pruning, and general maintenance of any tree except a street tree in compliance with subsection B (Rights-of-way), Sections 16.72.180 (Street trees) and 16.72.240(A)(1)(a) (Landscaping), shrub, or other plant in a planting strip and/or public utility easement adjacent to the street right-of-way.

(Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.090 Grading, erosion, and sediment control.

New development shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Chapter 15.48 of the Municipal Code and the City's standard specifications and plans.

(Prior code § 16-355.100)

§ 16.72.100 Access, circulation, streets.

Proposed subdivisions shall be designed to provide adequate City street access from each new parcel in compliance with this section and Section 16.36.030 (Access—General). Streets shall be provided in compliance with the requirements of Section 16.72.120 (Street improvements).

General Access and Circulation Requirements. The subdivider shall provide a comprehensive street system, designed and constructed in compliance with this section, the City's standard specifications and plans, and with the Circulation Element of the General Plan.

Street design shall provide for safe vehicular operation at a specified design speed.

Public streets shall be required when:

The street is shown as an arterial or collector in the Circulation Element of the General Plan, or any other specific or precise plan;

The street will be used by the general public as a through access route; or

A public street is necessary for special needs including bus routes, public service access, bicycle routes, and pedestrian access.

Private streets are allowed only in compliance with subsection D of this section (Private streets).

Access. Access shall be provided as follows:

Access to Subdivision. Every subdivision shall be designed to have access to a public street. Access shall be provided:

The subdivision abutting a public street, where the length of the subdivision along the street, the street right-of-way, and the width of the right-of-way will accommodate the construction of all road improvements required by this section; or

The subdivision being connected either:

To a public street by a street/utility right-of-way easement where the right-of-way shall be:

Offered for dedication;

Unencumbered by any senior rights that might serve to restrict its proposed use; and

Of a width and location to accommodate the construction of all improvements required by this chapter in compliance with the City's standards, specifications, and plans.

By a private street or easement for street, utility, and appurtenant drainage facilities purposes, where the easement shall be:

Offered for dedication as a public utility easement (PUE);

Unencumbered by any senior rights that might serve to restrict its proposed use; and

Of a width and location to accommodate the construction of all improvements required by this chapter in compliance with the City's standards, specifications, and plans.

Access to New Parcels. Parcels within a proposed subdivision shall be provided access as follows:

Street Access Required. Each parcel within a proposed subdivision shall be provided access by being located on an existing public street, a new public street, private street, or access easement designed and improved in compliance with subsection B of this section (Access). Private streets and alleys shall be allowed in compliance with subsection D of this section (Private streets).

Access Denial. When a State highway or a street classified as a major or minor arterial or collector in the Circulation Element of the General Plan passes through or abuts a proposed residential subdivision, direct access to the highway or street, as defined above, shall not be permitted to serve proposed parcels. Access rights shall be dedicated to the State or City, as appropriate, where required to control access over certain lot lines. See Section 16.72.060 (Dedications and exactions) for dedication requirements.

Frontage Roads. When lots are proposed to front on a major arterial or State highway, the Review Authority may require the subdivider to dedicate and improve a service or frontage road separate from the arterial or highway.

Alleys. Alleys may be proposed as private facilities only, subject to the requirements of subsection B of this section (Access) and subsection D of this section (Private streets) and at least 25 feet wide.

Design and Improvement of Proposed Streets. New streets proposed or required within a new subdivision or adjacent to a new subdivision shall be located and designed as follows, and in compliance with the City's improvement standards.

Alignment. The alignment of streets shown on a tentative map shall be:

Consistent with the Circulation Element of the General Plan, where applicable;

Consistent with any applicable master development plan, precise road plan, or specific plan; and

Located to be in alignment with existing adjacent streets by continuation of their centerlines, or by adjustments by curves.

Right-of-Way and Surfaced Width. The width of the right-of-way and improved surface of streets shown on a tentative map shall be as provided by the City's improvement standards.

Access to Unsubdivided Property. When a proposed subdivision abuts vacant land that is designated by the General Plan for future subdivision and development, the Review Authority may require that streets that will be constructed within the proposed subdivision be extended to the boundary of the property to provide access to the future development.

Improvements to Existing Streets. When an existing City street provides access to, passes through, or is contiguous with a proposed subdivision, the Review Authority may require dedication of additional right-of-way and/or improvements in compliance with the General Plan.

Length of Cul-de-Sacs and Temporary Dead-End Stub Streets. The maximum length of a cul-de-sac or temporary dead-end stub street shall be 500 feet from the first intersecting through-street, except in the case of industrially zoned and developed property where the maximum length may be 1,000 feet and shall be subject to increased width standards as identified in the City's improvement standards.

Major Collectors and Minor/Major Arterials. The following shall apply to property located adjacent to major collectors and minor/major arterials:

Neighborhood and smaller parks and elementary schools shall not be located adjacent to major collectors and minor/major arterials; and

The following lots shall not have direct access to a major collector or minor/major arterial:

Lots located on the inside or outside of a curve of a road that is determined by the City Engineer to be inappropriate for direct access, and

Lots located across the street from the side of the school property that provides access to the school.

Intersections. Intersections shall not be located on the curve of a road that is determined by the City Engineer to be inappropriate for an intersection.

Private Streets. Private streets and alleys are allowed as follows. Private streets shall not be permitted except where the Commission determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.

Maintenance Requirements. Provisions satisfactory to the City Engineer shall be made for a homeowner's association or other organization to assume responsibility for the maintenance of private streets.

Design and Improvement Standards. Private streets shall be designed and improved in compliance with City standards for a structural cross-section.

Security and Conditions. The Commission may require any guarantees and conditions it deems necessary to carry out the provisions of this Development Code pertaining to private roads. Private streets and easements providing access to parcels within a subdivision shall be located and shown on the parcel or final map.

Alternative Circulation Systems. Proposed subdivisions shall be designed and improved to provide rights-of-way and improvements for pedestrian paths, bikeways, and multiple use trails consistent with the Circulation Element of the General Plan, master development plans, precise road plans, specific plans, and/or other applicable General Plan provisions.

Waterway Access. A proposed subdivision that fronts upon a river, stream, or other public waterway shall be designed and improved to provide public access to the water in compliance with the Map Act Sections 66478.4, 66478.5, and 66478.6.

(Prior code § 16-355.110; Ord. 023-07 C.S. §§ 57, 58)

§ 16.72.110 Street improvements.

General Requirements. The developer shall be responsible for complete street improvements for streets of 144 feet right-of-way (flared to 155 feet at major intersections) and less. In compliance with the City's standard specifications and plans, the improvements shall consist of, but not be limited to, the following:

Curb, gutter, and sidewalk along street frontages;

Replacement of broken or displaced curb, gutter, and sidewalk;

Replacement of unnecessary driveways with curb, gutter, and sidewalk;

Wheelchair ramps at curb returns;

Pavement sections on new streets;

Improvements to, or construction of, interchanges with State highways;

On existing streets within the subdivision or development, the existing pavement shall be overlaid or reconstructed as directed by the City Engineer to handle the projected traffic;

On peripheral streets, the existing pavement shall be overlaid or reconstructed to the centerline of the street as directed by the City Engineer, to accommodate the projected traffic, and the curb, gutter, and sidewalk installed;

Streets shall be widened in compliance with the specific plan, precise road plan, or master development plan, and the existing pavement shall be overlaid or reconstructed to accommodate the projected traffic;

10.

Fences;

11.

Landscaped parkways;

12.

Tree wells and sprinkler system;

13.

Street lighting; and

14.

Street signs.

Rights-of-Way Wider than 144 Feet.

City Responsibilities. On streets with rights-of-way wider than 144 feet (flared to 155 feet at major intersections), the City may be wholly or in part responsible for the construction of the following:

Median;

Median landscaping;

Median channelization at street intersections;

Pavement section for center portion of street in excess of 134 feet right-of-way, except where the City, its predecessors or assigns have previously constructed a portion of the street. In this case the City shall consider these existing street improvements as partial or full credit toward the City's responsibility for pavement construction.

Developer Responsibilities. The developer shall be responsible for the improvements outlined in subsection A of this section (General requirements), and the following:

Median street lighting for streets within the development; and

Median street lighting on peripheral streets. The City shall pay 50 percent of the cost when the opposite side of the street is completely developed. If the opposite side of the street is not completely developed, the City would establish an area of benefit to reimburse the developer. The City shall pay the proportionate share of the developed parcels.

Streets Adjacent to City-Owned Sites. Where a park site or other City-owned site lies within a proposed development, the developer shall construct the street adjacent to the site including all required improvements. The City shall be responsible for the following engineering and construction costs of the street adjacent to the site:

Curb, gutter, and sidewalk; (see below)

Wheelchair ramps at curb returns;

Excavation and compaction to centerline of the street;

Pavement section to centerline of the street;

Catch basins and laterals;

Sanitary sewer, storm drain, and water service laterals; and

50 percent of the street lighting.

On park sites, the developer shall be credited for the cost of these improvements as a portion of their park land fee or may be reimbursed from the park land fee collected from other development within the same park service area. On other City-owned sites, the City shall reimburse the developer upon completion and acceptance of the improvements. Park sites shall have vertical curb with gutter, and the City Landscape Architect should be consulted regarding the need for installing any sidewalks.

(Prior code § 16-355.120; Ord. 023-07 C.S. § 59)

§ 16.72.120 Bridges.

Existing Bridges. The developer shall be responsible for the full cost of widening existing bridges to conform to the street improvements.

New Bridges. The developer shall be responsible for the full cost of bridges within the development. On peripheral streets and bridges adjacent to the development, the developer shall initially be responsible for the full cost of the bridges, and the developer may request the City to attempt to form an Area of Benefit to reimburse the developer a proportionate share of the cost.

(Prior code § 16-355.130)

§ 16.72.125 Encroachment permit.

Permit. All excavations, construction, maintenance, and/or repairs in a public street, alley, or other public place in the City shall require an encroachment permit from the Director. Everyone, including any Department of the City or other governmental agency or authority, is required to obtain an encroachment permit to excavate/perform work in the public streets, alleys, or other public place in the City.

Definitions.

Conduit

means a pipe or tube through which water, wastewater or gas is conveyed, or which is used to protect electrical or communications cables.

Department

means Community Development Department unless otherwise indicated.

Director

means Community Development Department Director, unless otherwise indicated.

Facility

means any tangible asset in public rights-of-way required to provide utility service. Includes any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tracks, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person that are located or are proposed to be located in public rights-of-way.

Public Rights-of-Way

means the areas across, along, beneath, in, on, over (above), under, upon, and within the dedicated public alleys, boulevards, bridges, courts, lanes, roads, sidewalks, spaces, streets, and tunnels.

Public Works Department

means the Public Works Department or any successor City agency that is responsible for managing access to and use of public rights-of-way.

Restoration

means the process by which public rights-of-way and surrounding areas, including, but not limited to, pavement and foundations, are returned to the same or better condition than existed before permitted activities.

Trench

means a form of excavation to install underground infrastructure or utilities such as fiber optic cables, gas or water mains, or electric lines.

Utility Service

includes those services provided by a public utility as defined under applicable California statutes.

Application Filing, Processing, and Decision.

Filing. An application for an encroachment permit shall be completed and filed with the Department. Applications must include the following information:

Location.

Description of work.

Compliance with the Completion of Work requirement of Stockton Municipal Code Section 16.72.125(E).

Compliance with Annual Utility Work Plan filing requirements of Stockton Municipal Code Section 16.72.125(F)(2).

Compliance with the Coordination and Scheduling requirements of Stockton Municipal Code Section 16.72.125(G).

Excavation.

Backfilling the Excavation. Following completion of the excavation, the excavation site shall be backfilled with materials and compacted in compliance with the City of Stockton Standard Specifications and Plans.

Barrier.

From the commencement of the excavation until the excavation has been completed and properly refilled and compacted, a substantial barrier shall be positioned around the excavation site. Lights shall be placed at the beginning and end and along the length of the barrier no more than 50 feet apart; the lights shall be on from sunset to sunrise. The material of the barrier and the lighting shall be approved by the Director of Public Works.

It is unlawful to interfere with a barrier or to travel on any street paving or repairs protected by a barrier.

Authority. Each application shall be analyzed by the Director for completeness and a decision rendered.

Denial. The Director may deny or refuse to issue an Encroachment Permit under the following conditions:

When the Director finds that the work specified in the Encroachment Permit will be detrimental to the public health, safety, or welfare; and

When the Director finds that the applicant has failed to comply with the requirements of Stockton Municipal Code Section 16.72.125(C)(1).

Fees. The permittee, including any Department of the City, or other governmental agency to the extent permitted by law, shall pay the City an encroachment permit fee and reimburse the City for the costs of permit plan check, issuance, and inspection, as required by the Council's fee resolution.

Completion of Work.

Time. Work on the permitted activity shall proceed with due diligence, and limit any obstruction of the street, sidewalk, alley or other public place. If there is a lack of progress or, in the opinion of the Director of Public Works, a failure to comply with the terms of the encroachment permit, the Director of Public Works shall notify the permittee of the requirement to complete the work in a timely manner.

Failure to comply with the notice shall result in the Director of Public Works having the work completed at the expense of the permittee. The notice shall be either personally served or served by leaving it at the residence or place of business of the permittee, or if the permittee or their address is unknown or the address outside the City, the notice may be served by depositing it in the United States Post Office, postage prepaid, addressed to the permittee.

Supervision and Inspection. All permitted activities, including excavations and backfilling of excavations, made or done under this section shall be under the supervision and direction of the Director of Public Works.

Standard Specifications. All work performed under an approved encroachment permit shall comply with the Section 100 of the City of Stockton's Standard Specifications and Plans.

Utilities. An applicant for an encroachment permit under this section for the placement of underground conduit in, along, across, or through public rights-of-way shall comply with the requirements of this section.

Pipes and Mains. It is unlawful and a misdemeanor for any person, firm, or corporation to lay any gas or water surface pipe or main pipe, or sewer, or any drain or other conduit in any street or other public place which is less than three feet below the established grade of the gutter of the street or alley, or less than two feet below the surface of any other public place in the City, as approved by the Public Works Department.

Annual Utility Work Plan. Any utility owning, operating or installing in public rights-of-way facilities providing water, sewer, gas, electric, communication, video or other utility services, shall prepare and submit to the Director of Public Works an annual utility work plan, in a format specified by the Director of Public Works, that shows the location of the utility's existing facilities in public rights-of-way, and shows all of the utility's planned utility work in public rights-of-way for the next year to the extent known. Utilities shall submit an initial annual utility work plan no later than 180 days after the effective date of the ordinance adopting this section. Thereafter, each utility shall submit annually, on the first regular business day of August, a revised and updated annual utility work plan. A utility may extend its deadline to submit its annual utility work plan by submitting written notice to the Director of Public Works of the reason of the delay within 30 days from the original deadline.

Roadway Maintenance. Each year, the Director of Public Works shall notify the utilities of the roads and streets selected for resurfacing and other capital projects that the City is performing in public rights-of-way or any other large-scale maintenance activities performed by the City (the "annual pavement maintenance list"). Any utility or public agency may mail written notice to the Director of Public Works of their intention to excavate in public rights-of-way that have been identified in the annual pavement maintenance list by identifying the location and dimensions of the planned excavation and the estimated commencement and completion dates of the work. The date of completion of the planned excavation shall be no later than three years after the date of notice of the annual pavement maintenance list. The notice of intention to excavate shall be mailed not more than 60 days after mailing of the annual pavement maintenance list. After receipt of a timely notice, the City may delay any anticipated repaving of the affected public rights-of-way to a date after the planned excavation.

Coordination and Scheduling.

Meet and Confer. Prior to applying for an encroachment permit, any person planning to excavate in the public right-of-way in excess of 300 lineal feet, shall review the annual utility work plans and the City's roadway maintenance list on file with the Director of Public Works and shall coordinate, to the extent practicable, with the utility and street work shown on such plans to minimize damage to, and avoid undue disruption and interference with, the use of public rights-of-way.

Such coordination shall include the provision that whenever two or more parties (e.g., the City or any applicant) have proposed a excavation in the same block, they shall meet and confer with the Public Works Department regarding whether it is feasible to conduct a joint operation excavation.

Anticipated Project Plan. In order to encourage coordination of excavation and pavement scheduling and planning between the City and excavators, the City shall update at least annually its anticipated project plans. The anticipated project plans shall also identify the public rights-of-way which are subject to moratorium provisions, and the moratorium expiration date for each such rights-of-way. A copy of the anticipated public rights-of-way which are then subject to the moratorium provisions of project plans shall be available for review at the Department of Public Works by any interested person. All currently observed moratoriums of general applicability will be applicable to wireless communication providers, only when such moratoriums do not unreasonably or indefinitely delay deployment and are competitively neutral. However, all street restoration shall conform to Section 100 of the City of Stockton's Standard Specifications and Plans.

Utility Coordination Group. The Director of Public Works shall conduct a utility coordination group meeting at least once each year at which time utilities and public agencies and other interested parties may meet to coordinate excavation and project schedules. The Director of Public Works shall maintain a list of those requesting notice of the working group meeting, and, at least 30 days prior to the meeting date, shall mail notice of the time and location of the meeting to each person who has requested notice. If the initial working group meeting is not completed on the designated meeting date, the meeting may continue on a subsequent date as the Director of Public Works announces at the end of the first meeting.

Spare Conduits. To avoid future excavations and to reduce the number of street excavations, telecommunication companies shall be requested, when practical, to allow installation of spare conduits by other entities.

(Ord. 015-09 C.S., eff. 12-3-09; Ord. 2021-07-27-1602 C.S. § 3)

§ 16.72.127 Revocable permit.

A revocable permit shall be required to construct or maintain any planter, sidewalk café, monument, wall, fence, structure, utility, or any object over, on, or under any public right-of-way owned or controlled by the City, unless allowed under terms of a valid state or local franchise or maintenance agreement.

Application.

An applicant shall apply to the Director for a revocable permit. Applications shall be filed with the Department and shall be accompanied by the fee required by the Council's fee resolution.

If an application is denied, the applicant may appeal to the Manager within 10 days; the Manager's decision shall be final.

Standards. All revocable permits shall be subject to the "Standard Conditions Applicable to Revocable Permits" adopted by Council resolution. The Director may add additional conditions; if the applicant disagrees with these conditions, the applicant may appeal the Director's decision to the Manager by submitting a written appeal that is accompanied by the fee required by the Council's fee resolution within 10 days, the decision of the Manager shall be final.

Revocation. A revocable permit may be revoked by the Director, at the Director's discretion, after a 30 day notice to the permittee. If the permittee fails to respond after 30 days, the Director may revoke the permit at the expense of the permittee.

(Ord. 015-09 C.S., eff. 12-3-09)

§ 16.72.130 Railroad crossings.

Railroad crossings shall be constructed in compliance with the standards of the State Public Utilities Commission. The developer shall submit all documents incident to an application to the Commission.

New and Existing Crossings.

For new and existing railroad crossings within, or on peripheral streets contiguous to nonresidential development, the developer shall be responsible for a proportionate share of the cost of relocating and upgrading existing crossings, and constructing new crossings, to conform to the street improvements.

For new residential development contiguous to or containing an existing or new at-grade crossing, the developer shall be responsible to upgrade the crossing to quiet zone standards of the Federal Railroad Administration, unless the at-grade crossing will be grade separated in the future as defined in the Circulation Element of the General Plan, in which case the upgrading to quiet zone standards will not be required.

Future Crossings. Where the crossing is not constructed because the street is nonexistent on the other side of the railroad, the developer shall pay his or her proportionate share of the crossing cost before approval of the map, or issuance of the building permit for single-lot development. A separate fund shall be established and money in the fund shall be expended solely for the construction of the crossing. The fund shall also accrue interest to offset increased future project costs. If the crossing is within or on peripheral streets contiguous to a residential development, the project cost shall include compliance with quiet zone standards.

Area of Benefit. If the crossing improvements benefit other areas, the developer may request the formation of an area of benefit (Section 16.72.050) to reimburse the developer a proportionate share of the cost.

(Prior code § 16-355.140; Ord. 023-07 C.S. § 60)

§ 16.72.140 Traffic signals.

The developer shall pay to the City the traffic signal development fee and construct the traffic signal improvements as outlined in this section.

Applicability. The traffic signal fee required by this chapter is an exercise of the City's police powers and shall not be in lieu of any other contribution of funds or construction of traffic signals.

Traffic Signal Fee.

Purpose and Intent. It is hereby found and determined that the public interest, convenience, health, welfare, and safety require that developers share in the cost of traffic signals. The need for traffic signals is related to development, whether or not a location of a traffic signal is immediately adjacent to a development. Each land development would generate additional traffic in the vicinity of the development and City-wide that would contribute to degradation in traffic safety and mobility. Further, the installation of warranted traffic signal systems can provide for increased traffic safety and mobility by reducing the frequency of certain types of accidents, by providing an interruption to main street traffic when a demand is detected to the cross street, and by allowing a constant flow of vehicular traffic through several intersections.

Standards. The traffic signal fee shall be computed using the formula: the average total daily trip ends generated by the development or the increase in trips generated by redevelopment or structure modifications multiplied by the total traffic signal cost divided by the traffic signal volume warrant factor. The amount of the fee shall be as set and established from time to time by Council resolution.

The average daily trip generation factor for each development shall be determined by the City Engineer from a resolution of the Council adopting a traffic signal fee schedule for all developments in the City. For any structure type not listed, the City Engineer shall determine the most comparable trip generation factor. The City Engineer may recommend adjustment or modification of the trip generation factors listed in Exhibit A of resolution establishing the fee schedule for traffic signals, when deemed necessary.

The total trips generated shall equal the trip generation factor multiplied by the total structure units.

The base fee shall be adjusted after a duly noticed public hearing at the time the City budget is adopted, utilizing the current Construction Cost Index (U.S. 20 cities average) published by the Engineering News Record. This adjustment shall be applied concurrently with the annual fee adoption.

The total traffic signal cost shall include costs of preparing plans and specifications, plus costs of construction engineering, plus the construction cost of traffic signal installations in the City as determined by the City Engineer.

The traffic signal volume warrant factor shall equal the total volume of the State minimum vehicular volume warrant for traffic signals for urban conditions.

Payment. A fee for the development of traffic signals shall be paid by all developers at the time a building permit is issued. This fee shall apply to all new developments and any redevelopment or structure modification, which has the potential to increase the site's traffic generation by 10 percent or more.

The developer or permittee shall deposit the identified traffic signal fee in cash with the City.

The traffic signal fee shall be deposited by the City into accounts as follows:

70 percent of the fee is to be used exclusively for the construction of new traffic signal systems or for modifying existing traffic signal systems in the zone where the allowed project is located;

30 percent of the fee is to be used exclusively to supplement zone accounts, when needed for construction of new traffic signal systems or for modifying existing traffic signal systems City-wide. The zones shall be as shown on the traffic signal fee schedule.

Traffic Signal Improvements. The developer shall be responsible for the following traffic signal improvements:

Relocation and/or modifications of existing traffic signals to conform to street improvements to be constructed by the developer;

Traffic signals within the development shall be installed when warrants are met or when required by the City Engineer;

Conduits, pull boxes, and foundations for future traffic signals within or adjacent to the development to facilitate future traffic signal construction and to minimize street excavation;

Traffic signals to mitigate the adverse environmental impacts of the development shall be located within the sphere of influence of the development; and

Interconnection conduits and pull boxes and cabling to the City's traffic signal system as determined by the City Engineer.

Security. The developer shall be required to provide security for traffic signal improvements before approval of the map, or issuance of the building permit for single-lot development.

Area of Benefit. If traffic signal improvements benefit other areas, the developer may request the formation of an area of benefit to reimburse the developer a proportionate share of the cost in compliance with Section 16.72.050 (Area of benefit).

(Prior code § 16-355.150; Ord. 023-07 C.S. § 61)

§ 16.72.150 Street lighting.

A proposed subdivision shall incorporate street lighting facilities determined by the Review Authority to be consistent with the character of the area and the needs of public safety. The developer shall furnish, install, and dedicate to the City the street lights and standards and wiring to the standards from a terminal supply and shall be governed as to their location and installation by the standard plans and specifications. The developer shall also pay Pacific Gas & Electric connection charges.

Existing Street Lights. Existing street lights on wooden poles shall not be used in fulfilling the requirement for street lights. The developer shall be required to install standard street lights. The City shall be responsible for the removal of the street lights on the wooden poles.

Median Street Lighting. The developer shall be responsible for all the median street lighting for streets within the development. Median street lighting on peripheral streets shall be installed by the developer. The City will pay 50 percent of the cost when the opposite side of the street is completely developed. If the opposite side of the street is not completely developed, the developer may request that the City establish an Area of Benefit to reimburse the developer. The City would pay the proportionate share of the developed parcels.

In Lieu Fee. The following requirements apply to subdivisions of four or fewer parcels, single-lot developments on unimproved lots, and single-lot developments that increase existing nonresidential floor space by 10 percent or more. Increases in nonresidential floor space of less than 10 percent and addition(s) to, or remodel(s) of, an existing single-family residence or existing multifamily residence that does not increase the dwelling occupancy are exempt from the following requirements:

The developer may, in lieu of installing street lights required by this chapter, pay a fee based on the estimated proportionate cost for the installation.

For the purposes of this section, "existing floor space" is defined as usable space for nonresidential development.

The fee shall be established by Council resolution and shall be due and payable before or upon the issuance of a building permit.

(Prior code § 16-355.160)

§ 16.72.160 Street names.

Street Naming Standards. All streets within a proposed subdivision shall be named in compliance with the following:

Designations. The following designations with the accompanying acceptable abbreviations for sign making, mapping, and recordkeeping purposes shall apply to:

Arterials and Collectors. Arterials and collectors shall be designated as:

Street (St);

Avenue (Ave);

Boulevard (Blvd);

Drive (Dr);

Road (Rd).

Local Streets.

Circular or Loop Streets. Circular or loop streets shall be designated as "Circles." In instances where there is more than one access point from different streets to the loop street, only one of the access points shall be designated as "Circle."

Cul-de-Sacs. Cul-de-sacs shall be designated as "Place" (Pl), "Point" (Pt), or "Court" (Ct).

Other. All other local streets shall be designated as "Street" (St), "Road" (Rd), "Way" (Wy), or "Lane" (Ln).

Frontage Road. Frontage roads shall bear the identical designation as the main traveled way except when the main traveled way is a designated State or Federal route, names shall be designated for the frontage roads.

Cul-de-Sacs. Only one cul-de-sac may retain the name of the street that provides sole access. All cul-de-sacs, regardless of length, shall be named. In instances where there is more than one cul-de-sac off of the same street, the names selected for the cul-de-sacs shall be in alphabetical sequence utilizing the street numbering sequence as a guide. Cul-de-sac endings of a street, regardless of depth, shall bear the name of that street.

Circles. Where a segment of the circle is in alignment with an existing street, the circle shall not be designated as the extension of the existing street.

Alleys. Alleys shall not be named, except in those cases where a lot lacks access to a public or private street and it is approved by the DRC and the Director.

Extensions/Continuations. Extensions or continuations of existing rights-of-way shall bear the same name as the existing roadway.

Direction Change. Where a through street makes a distinguishable change in direction and cannot be considered a circle or continuous street with no other access or intervening roadways, separate names shall be employed.

Split Streets. Where the continuation of the through street is restricted by design so as to be split into separate sections, the roadway shall not retain its identity for each separate section. Separate and different names shall be designated for the various lengths of the roadway.

Prohibited Names. The following street names shall not be allowed:

Duplicated Names. Names for new streets shall not duplicate existing or platted street names within the Stockton metropolitan area unless a new street is a continuation of, or in alignment with, the existing platted street. Sound-a-likes shall constitute a duplication. A change in the designation (i.e., Street to Avenue, Drive to Way, Place to Court, etc.) is not acceptable and constitutes a duplication.

Compass Designation. Compass designation (i.e., north, south, east or west) shall not be acceptable as part of a street name (i.e., Westdale or Eastridge). In addition, using combinations of alpha characters or initials (i.e., E.T., TTY, LLM, etc.) or letter and number combinations (i.e., 1A or B5) will not be acceptable as street names.

10.

Length of Name. New street names shall not exceed 11 letters, excluding prefix and street type designation, in keeping with the "c" series adopted by the City for sign making purposes.

11.

Private Streets. Private streets maintained by homeowners' associations shall also adhere to the adopted street naming policy.

12.

Themes. Street names for new subdivisions with an extensive street system shall, as much as reasonably possible, contain a theme. Use of local historical names is encouraged.

13.

Names of People. New streets utilizing names of persons shall be restricted to use of last names and/or use of first names. Initials are expressly prohibited.

Review Authority. Street names shall be approved by the Director. In the event the application for a street name(s) requires clarification or a determination of consistency with the street naming standards, the DRC shall review the proposal and make a recommendation to the Director. The Director's decision may be appealed to the Planning Commission.

(Prior code § 16-355.170; Ord. 023-07 C.S. § 62)

§ 16.72.170 Street signs.

Before the approval of a map or issuance of a building permit, the developer shall pay to the City the sum required by Council resolution for each street sign to be installed and maintained by the City as required for the development. When only a part of an intersection requiring a street sign is within, or contiguous to the development, the fee shall be proportional to the number of corners of the intersection that is within, or contiguous to the development.

(Prior code § 16-355.180)

§ 16.72.180 Street trees.

Street Tree Planting Security. Before the approval of the final map or issuance of a building permit, the developer shall provide street tree planting security to the City by paying the sum required by Council resolution or providing a letter of credit or a performance bond, either of which equal to 125 percent of the sum, for each street tree to be planted in a tree well and/or on a residential lot. The number, location, and type of tree shall be determined by the Director. The purpose for this requirement is to provide security for the cost of furnishing, locating, planting, and fertilizing street trees. Street trees shall be planted and maintained by the developer in compliance with subsection B (Developer installation of trees) until a permanent irrigation system is installed and operational.

Developer Installation of Trees. The developer shall plant those street trees that are located in median strips and adjacent to back-up fences along major arterials, in tree wells and within the City right-of-way or planting easement adjacent to residential lots in compliance with the following:

Prepare and submit landscape construction plans prepared by a licensed landscape architect showing all proposed landscaping, street trees, and irrigation to be installed with preference given to drought tolerant plant species, to the satisfaction of the City Landscape Architect;

Install all street trees and all landscaping in medians and along back-up fences per approved plans before acceptance of subdivision improvements;

Establish a maintenance entity acceptable to the City for the ongoing care, maintenance, and/or replacement of street trees and the installed improvements in the median and along back-up fences; and

Install street trees in compliance with subsection C (Street tree standards).

Street Tree Standards.

Location. Trees shall be planted per City standard plans and specifications and located within 10 feet of the back of curb, or six feet from the back of sidewalk unless tree wells and irrigation have been provided in compliance with the standard plans and specifications. Tree wells shall be located no closer than 25 feet from any street light.

Care.

Developers shall provide proper watering until a permanent irrigation system is installed and in operation.

Property owners may care for the street trees located adjacent to their property.

Tree Wells. Where the City requires a sidewalk with tree wells:

The developer shall provide street tree planting security;

The Developer shall be responsible for planting the tree(s) as well as constructing the tree well(s) in accordance with approved plans; and

Tree wells shall have a minimum four foot by four foot opening. Larger tree wells are encouraged wherever feasible. Where the overall width of the sidewalk does not allow a minimum four foot clear travel way adjacent to tree wells, tree well grates may be required by the City Engineer. The type of grate and method of installation is subject to approval by the City Engineer and the City Landscape Architect.

Release of Security. The Director shall authorize the release of the performance security or portion thereof upon the fulfillment of the above requirements and the acceptance of the landscape improvements.

Street Tree List. The Director shall be responsible for the City's Official Street Tree Planting List composed of types and species of trees that are suitable and desirable for planting, as well as the area and conditions appropriate for the planting of the trees, and for the designation of the type and species of street tree for a specific street. All street trees shall be in compliance with the Official Street Tree Planting List, as revised from time to time.

Rules and Regulations. The planting of street trees shall be in compliance with the most current Department handout for street trees and trees planted in a City right-of-way or public utility easement.

Permit. A permit from the Director shall be required for anyone, including a utility company operating under a franchise granted by the City of Stockton, to plant or remove a street tree in compliance with Chapter 16.162 (Street Tree Permit). The tree shall be planted in compliance with subsection C (Street tree standards). A permit shall not be required for the planting of trees in compliance with a plan approved by the City Parks Facility Planner/Landscape Architect for a City capital improvement project or volunteer project, for the emergency removal of trees by the City, or for regular maintenance by Public Works.

(Prior code § 16-355.190; Ord. 015-09 C.S., eff. 12-3-09; Ord. 011-11 C.S. § 1, eff. 10-27-11)

§ 16.72.190 Drainage canals.

Whenever a development interrupts the natural flow of surface water, or if the leveling of land or the installation of improved streets changes the natural flow of water, the developer shall construct facilities, which would adequately provide for the standard design flow of water through or around the development to the satisfaction and approval of the City Engineer.

(Prior code § 16-355.200)

§ 16.72.200 Storm drainage facilities.

Stormwater runoff from a development shall be collected and conveyed by an approved storm drain system and shall include conveyance to the point of terminal discharge. The storm drain system shall be designed for ultimate development of the drainage area. The storm drain facilities shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development; off-site storm drain improvements may be required to satisfy this requirement.

Open Land Development.

50 Percent or More of Delineated Area. Whenever a developer proposes a development that exceeds 50 percent of the developed area within a delineated drainage area:

The developer shall:

Design and submit for approval of the City Engineer and Municipal Utilities Director a drainage plan for the entire delineated drainage area. The design shall essentially conform to the City drainage plan for the area in which the development lies;

Construct the internal collection system for the development including without limitation all branches, laterals, catch basins and trunk lines; and

Concurrently with the first unit of the subdivision construct the outfall works and over-sized trunk lines to a sufficient size and capacity, as determined by the City Engineer, to handle the drainage generated by all potential upstream users within the delineated drainage area.

The developer may request that an area of benefit be formed to reimburse the developer for the cost of the drainage improvements equal to the difference between the amount it would have cost the developer to install the improvements to serve the development only and the actual cost of the improvements (e.g., the cost of drainage improvements which were oversized to handle drainage from upstream users).

Less Than 50 Percent of Delineated Area. Whenever a developer proposes a development that does not exceed 50 percent of the developed area within a delineated drainage area:

The developer shall:

Design and submit for approval of the City Engineer a drainage plan for the entire delineated drainage area. The design shall essentially conform to the City drainage plan for the area in which the development lies;

Construct the internal collection system for the development including without limitation all branches, laterals, catch basins, and trunk lines;

Construct internal oversized trunk lines of sufficient size and capacity as determined by the City Engineer to handle drainage generated by all potential upstream users within the delineated drainage area; and

Concurrently with the first unit of the subdivision, design and construct an interim terminal drainage facility, approved by the City Engineer, of sufficient size and capacity to handle internal drainage as well as that of all potential upstream users within the delineated drainage basin.

The developer may request that an area of benefit be formed to reimburse the developer a proportionate share of the interim terminal drainage facility cost equal to the difference between the amount it would have cost to serve the development only and the actual cost of the improvements (e.g., the cost of interim terminal drainage facility improvements which were oversized to handle drainage from future upstream users).

Area of Benefit. The developer may request that an area of benefit be formed for the delineated drainage area. The cost would include the major storm drain lines and the outfall works for the entire delineated drainage area. The developer would pay the area of benefit fee for the entire development minus credits for any portion of the major storm drain lines and outfall works installed. Whenever the credits exceed the area of benefit fee, the City would reimburse the developer from subsequent payments.

Infill Development. Whenever a developer proposes the construction of improvements on land for which no tentative or final map is required, and where the land is either not served with drainage facilities, or the facilities are inadequate, or where the facilities have already been constructed by an advance of money from the general fund secured by monies to be collected and paid into an "area of benefit" fund, the developer shall:

Be assessed and required to pay an area of benefit fee for the entire development for the prorated share of the estimated or actual cost of the major storm drain lines and the outfall works;

Make provisions and construct on-site facilities necessary to handle on-site drainage on an interim basis (until the time that a permanent drainage facility is established for the delineated drainage area) in a manner satisfactory to and approved by the City Engineer;

Dedicate easements and rights-of-way as may be required by the City Engineer to accommodate the future permanent drainage facility planned for the delineated drainage areas;

Enter into an agreement with the City to connect to the permanent drainage facility when it is available. The agreement shall be approved by the City Engineer and shall provide that:

Construction shall commence within 90 days of the receipt of the notice to proceed from the City;

In the event of default by the owner, developer, and/or successors-in-interest, the City is authorized to cause the construction to be done and charge the entire cost and expense to the owners, developers, and/or successors-in-interest, including interest from the date of notice of the cost and expense until paid;

The agreement shall be recorded in the office of the County Recorder at the expense of the owner and shall constitute notice to all successors-in-interest of the title to the real property of the obligation set forth, and also a lien in an amount to fully reimburse the City, including interest as above, subject to foreclosure in event of default in payment.

In the event of litigation occasioned by any default of the owner, successors or assigns, the owners, developers, and/or successors-in-interest agree to pay all costs involved, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property; and

The term "owner" shall include not only the present owner but also heirs, successors, executors, administrators and assigns, it being the intent of the parties that the obligations undertaken shall run with the real property and constitutes a lien against it.

Pump Stations. Pump stations incorporated as part of a permanent drainage discharge system shall be designed in compliance with the standard specifications and plans and municipal utilities pump station design guidelines, and approved by the Director of Municipal Utilities.

Additional Requirements. Maintenance districts may be formed and continuing assessments levied and payments collected for the purpose of operating and maintaining drainage facilities.

(Prior code § 16-355.210)

§ 16.72.210 Water supply.

Each approved parcel shall be served by an approved domestic water system.

General Requirements. The developer shall install or cause to be installed an adequate water system with mains of sufficient size and having a sufficient number of outlets to furnish an adequate water supply for each lot of the subdivision as well as providing adequate fire protection for the development. The fire flow shall be determined in each case by the City Fire Marshal. The developer shall also install or cause to be installed fire hydrants in compliance with plans approved by the City Fire Marshal.

Standards. The water system shall be designed in compliance with State water standards and American Water Works Association (AWWA) standards, including the use of nonpotable/recycled water systems, as appropriate. The water system shall comply with the City's standard specifications and plans and the requirements of the State Department of Health Services (DHS).

City Water Service Area. Should the development be within the City water service area, the water system shall conform to the City master water plan as approved by Council resolution. The water system shall be constructed and be dedicated to the City in compliance with the City water rates and regulations. Reimbursement for oversizing and extensions would conform with the City water rates and regulations.

(Prior code § 16-355.220; Ord. 023-07 C.S. § 63)

§ 16.72.220 Sanitary sewers.

This section establishes an equitable basis for the financing and construction of sanitary sewer facilities within the City. Each approved parcel shall be served by the regional water quality control facility, in compliance with the approved sanitary sewer master plans on file with the Municipal Utilities Department and the following:

Master Plan. With the filing of the improvement plans for a development or for the first unit in any subdivision, the developer shall submit a master sanitary sewer plan conforming to the City master sanitary sewer plan, as approved by Council resolution.

Improvements. The developer shall provide and dedicate the sanitary sewer system, which shall include all branches, manholes, laterals, trunk lines, and any required pumping plant.

Pump Stations. Pump stations incorporated as part of a permanent sanitary sewer system shall be designed in compliance with the City's standard specifications and plans and municipal utilities pump station design guidelines, and approved by the Director of Municipal Utilities.

Area of Benefit. For trunk lines in excess of the size required for the development, but in no case less than 12 inches in diameter, and for permanent pumping plants designated in the Council approved City master sanitary sewer plan, the developer may receive a credit or reimbursement through an area of benefit for any cost over the development's proportionate share of the sanitary sewer.

Fees. Before the approval of the map or issuance of a building permit for a single-lot development, the developer shall pay any area of benefit fees for the actual or estimated cost of constructing sanitary sewer facilities.

(Prior code § 16-355.230)

§ 16.72.230 Underground utilities.

Utilities in new subdivisions and single lot developments shall be installed underground, as follows:

When Undergrounding is Required.

All existing and proposed utility distribution facilities (including electric, telecommunications, and cable television lines) installed in and for the purpose of supplying service to any subdivision shall be installed underground.

Electric and telephone facilities, fire alarm conduits, street lighting wiring, cable television, and other wiring conduits and similar facilities shall be placed underground by the developer for all new development on an existing lot and when a new electrical hookup is provided in conjunction with the installation/replacement of an electric service panel. Utility vaults shall be subject to review by the Director. The Director may grant a modification or waiver of this requirement, after considering the general purposes and nature of the proposed development, except when the subject property is within an established underground utility district.

Exceptions. Undergrounding of existing utilities is not required along street frontages less than an aggregate of 300 lineal feet, or for:

Facilities exempted by the Public Utilities Commission (PUC);

Any municipal equipment or facilities installed under the supervision and to the satisfaction of the City Engineer;

Poles or electroliers used exclusively for street lighting;

Overhead wires attached to the exterior surface of a structure by means of a bracket or other fixture and extended from one location on the structure to another location on the same structure or to an adjacent structure on the same lot or parcel without crossing any public street;

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of 34,500 volts;

Antennas, associated equipment and supporting structures used by a utility for furnishing communication services;

Temporary poles, overhead wires and associated overhead structures used or to be used in conjunction with construction projects, or installed and maintained for a period not to exceed 10 days in order to provide emergency service;

Overhead utility facilities along existing peripheral street frontages of an affordable housing subdivision or development, that is part of an infrastructure financing district, so long as the adjoining property is already developed and the utility facilities on the peripheral street are overhead;

A development or subdivision which has existing overhead utility distribution facilities serving other developed property(s) and which has existing overhead utility distribution facilities that are adjacent to an existing boundary of the development or subdivision whose boundary is not peripheral to and/or within an existing, proposed, or future street(s);

10.

Development of an "infill site" as defined in Division 8 (Glossary); and

11.

Single lot industrial development with a lot size of 10.0 net acres or less conforming to the definitions of "single lot development" and "infill development" in Division 8 (Glossary).

Responsibilities of Developer. The developer is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation.

Location of Installation. Underground utility lines may be installed within street rights-of-way or along a lot line, subject to appropriate easements being provided if necessary. When installed within street rights-of-way, their location and method of installation, insofar as it affects other improvements within the street right-of-way, shall be subject to the approval of the City Engineer.

Timing of Installation. Underground utilities that are to be installed under or adjacent to street paving or sidewalks shall be installed before the final improvement of the street.

Utility Equipment. Utility equipment shall be in compliance with Section 16.80.360 (Utility equipment).

(Prior code § 16-355.240)

§ 16.72.240 Landscaping.

Landscaping Requirements. Landscaping shall be provided as follows, and in compliance with Chapter 16.56 (Landscaping Standards), Section 16.72.180 (Street trees), and Section 16.64.080 (Development standards for off-street parking), where applicable.

Residential Subdivisions.

Street Trees.

Each proposed parcel in a residential subdivision shall have at least one street tree planted within the City right-of-way or public utility easement for interior lots and three trees planted within the City right-of-way or public utility easement for corner lots.

Unless otherwise approved by the Director, the tree shall be provided and installed by the developer of the property in compliance with Section 16.72.180 (Street trees).

A fee for street trees shall be collected as security for each parcel based upon one tree per interior lot and three trees per corner lot in compliance with Section 16.72.180 (Street trees).

Street trees shall be located in compliance with Section 16.72.180 (Street trees).

Street trees shall be maintained by an entity acceptable to the City for the ongoing care, maintenance, and/or replacement of street trees and the installed improvements in the median and along back-up fences.

vi.

All of the above requirements shall be subject to the discretion of the Director.

Landscaping Area. Arterial streets and collectors that are adjacent to or within residential subdivisions shall have at least a 15-foot wide landscaped parkway, including the sidewalk. Where back-up walls are required, in compliance with Section 16.48.090(D) (Walls along right-of-way), the parkway shall be located between the back of the curb and the face of the back-up wall and shall include a sidewalk of a minimum of five feet in width. Where the City bikeway plan requires a Class 1 bike path, an additional seven feet of parkway shall be required and the sidewalk/bike path shall be widened to 12 feet.

Landscaping shall be maintained by a landscape maintenance district incorporated into the City's consolidated landscape maintenance district or by a homeowners' association.

Landscaping shall (at a minimum) include trees, shrubs, groundcover and vines (to grow on walls for graffiti control), with no more than 10 percent of the landscape being nonliving ground cover materials (excluding sidewalk square footage).

Landscape plans shall be:

Prepared by a licensed landscape architect;

Submitted to the Director in City standard format for review and approval by the City Landscape Architect and City Engineer; and

Submitted at the same time subdivision improvement plans are submitted and shall be coordinated with the proposed subdivision infrastructure improvements.

Landscape and irrigation design shall comply with subsection B (Plant materials, irrigation).

Nonresidential Subdivisions. Nonresidential subdivisions shall, at a minimum, be provided the following landscaping:

Street Trees. Street trees shall be provided in compliance with Section 16.72.180 (Street trees), and the following:

Location. Trees shall be planted within 10 feet of back of curb, or six feet from back of sidewalk unless tree wells and irrigation have been provided per the City standard sidewalk construction detail. Tree wells shall be located no closer than 25 feet from any street light.

Tree Wells. Where the City requires a sidewalk with tree wells:

The developer shall pay the appropriate street tree fee;

The City shall be responsible for the planting and long-term pruning of the trees (Section 16.72.180(B), Developer installation of trees); and

Tree wells shall have a minimum four foot by four foot opening. If a seven foot walk is necessary, the required four foot by four foot tree well opening shall be enclosed by an approved cast iron tree well grate that is satisfactory to the City Engineer. The developer shall be required to pay for and install the cast iron tree grates. Tree well size may be adjusted with approval from the City Engineer and City Landscape Architect.

Open Area Trees. Trees planted adjacent to streets, which are not in tree wells (open area trees):

Should be planted with a 30-to 50-foot on center spacing;

Shall be provided and installed by the developer and maintained by the developer or successor-in-interest; and