The subdivider, as a condition of approval of the final or parcel
map shall, consistent with Subdivision Map Act (Map Act) Sections
66411.1 and 66462.5, improve or agree and guarantee to improve all
land either within or outside the subdivision to be used for public
or private streets, alleys, pedestrian ways, easements or other improvements
in compliance with this Zoning Ordinance.
(Prior code § 159.30.010)
Completion of improvements outlined within this title shall
be in compliance with any agreement entered into by the subdivider
and the City as well as plans and standard specifications applicable
at the time of issuance of grading or building permits.
(Prior code § 159.30.020)
The lengths, widths and shapes of blocks shall comply with the
following standards:
A. Convenient
access, circulation, control and safety of street traffic, as outlined
in the Circulation Element of the General Plan;
B. Lot
specifications, as outlined in this Zoning Ordinance; and
C. Limitations
and opportunities of existing topography.
(Prior code § 159.30.030)
Proper grading and erosion control, including the prevention
of sedimentation or damage to off-site property shall be in compliance
with the standards outlined in this title, and Map Act Section 66411.
(Prior code § 159.30.040)
A. The
subdivider shall provide and install all required streets and related
improvements, either within or outside the subdivision, in compliance
with the policies and procedures of the Department of Public Works/City
Engineer, and the serving utility company. These improvement requirements
shall be imposed as a condition of approval at the tentative map stage,
and shall be completed or bonded for prior to recordation of the final
map.
B. After
final approval of the street lighting systems, it shall become the
property of the City. The systems shall not be installed by a public
utility or attached to poles or to a system owned by a public utility.
C. The
subdivider shall pay to the City the cost of electrical energy for
the street lighting system installed for his/her subdivision for a
period of 48 months from the date of acceptance by the Director of
Public Works/City Engineer. Payment shall be made to the City in 1
lump sum, prior to map recording, based on estimated rates approved
by, and on file with the Director of Public Works/City Engineer.
(Prior code § 159.30.050)
The design, size, shape and orientation of each lot, which provides
for a suitable building site, shall be appropriate to its location
and type of development contemplated. The following standards shall
apply:
A. The
lot lines of all lots, so far as practical, shall be at approximately
right angles to the fronting street, or approximately radial to the
center of the curvature, if the street is curved. Sidelines of each
lot shall be approximately radial to the center of the curvature of
a cul-de-sac, where applicable;
B. No
lot shall be divided by a City or special district boundary line.
Division of the lot by a tax code boundary shall be avoided;
C. Corner lots for residential use shall have extra width pursuant to Section
17.08.030 (Table 17.08.02) to permit appropriate building setback from both streets;
D. Through
lots and reverse corner lots shall be avoided;
E. All
lots that abut on arterial streets or highways shall have an additional
10 feet of depth which shall be included as part of the landscape
maintenance district;
F. No
remnants of property, with the exception of 1-foot control lots and
approved non-buildable sites, shall be created which do not conform
to lot requirements or which are not required for public or private
utility purposes;
G. Lot
lines between adjacent lots within a subdivision shall be located
at the top of any graded slope; and
H. All
lots shall conform to the requirements contained in this Zoning Ordinance.
(Prior code § 159.30.060)
Median islands shall be installed as a condition of approval
of a tentative map at appropriate locations, and in compliance with
City standards in effect at the time of issuance of a construction
permit.
(Prior code § 159.30.070)
The subdivider, as a condition of approval of a tentative map,
shall provide and install adequate sanitary sewer facilities, either
within and/or outside the subdivision, in compliance with the policies
and procedures of the Department of Public Works/City Engineer and
the public service purveyor.
(Prior code § 159.30.080)
The subdivider, as a condition of approval of a tentative map,
shall provide and install storm drainage and/or retention improvements,
either within and/or outside the subdivision, in compliance with the
policies and procedures of the Department of Public Works/City Engineer.
(Prior code § 159.30.090)
A. The
subdivider, as a condition of approval of a tentative map, shall provide
and install approved street trees within the street right-of-way,
dedicated planting easement, or within a combination of both in compliance
with City standards.
B. For
street trees not installed at time of acceptance of the public improvements,
the subdivider shall deposit funds in the amount established by the
City Council. These funds shall be deposited in a project street tree
fund, and shall be used for the purchase and planting of street trees,
as the lots become occupied. The subdivider shall provide a specified
list of City-approved trees for selection by the new lot owner.
(Prior code § 159.30.100)
As a condition of approval of a tentative tract map, mobile
home park, RV park, etc., shall provide for the undergrounding of
all existing and proposed utility distribution or transmission facilities
(e.g., cable television, electric, gas, telephone and water), within
the subdivision/development and along peripheral streets, in compliance
with the following standards:
A. Utility
lines, including, but not limited to, electric, communications, street
lighting and cable television shall be required to be placed underground
in compliance with the specifications of the public utility providing
such services. The subdivider is responsible for complying with the
requirements of this section, and shall make the necessary arrangements
with the utility companies for the granting of easements and installation
of such facilities. Exceptions to the underground requirements are
as follows:
1. Transformers,
pedestal-mounted terminal boxes, meter cabinets and concealed ducts
may be placed above ground if within the subdivision and are used
solely in connection with the underground transmission or distribution
lines;
2. Poles
supporting street lights, and the electrical lines within the poles,
may be situated above the surface of the ground;
3. The
City Council may waive any requirement of this section if topographical,
soil or other similar physical conditions make such underground installation
unreasonable or impractical;
4. Any
parcel map with a maximum of 4 residential parcels, no parcel of which
has previously been exempted from this section; and where at least
50% of the surrounding area within a radius of 500 feet has been previously
developed without undergrounding utilities;
5. That
portion of a previously developed nonresidential parcel map; and
6. The
requirement to underground shall apply to all utility lines traversing
a subdivision, or installed along either side of the streets and alleys
adjoining the subdivision, except for electrical lines of 33 KVA or
more. Where 1 line is exempt, all parallel lines on that same pole
shall be exempt.
B. Subdividers/developers
shall make the necessary arrangements with cable television operators
to comply with the following requirements with respect to cable television
installation in residential subdivisions:
1. Pre-wire
all residential structures;
2. Connect
laterals to each residential structure with a minimum of 2 outlets
wired in each structure; and
3. Install
“flush mounts” or “pedestals” as required
by the cable television operator which will service the subdivision.
C. Payment
for costs of undergrounding shall be as follows:
1. Arrangements,
including payment of costs, shall be made by the subdivider directly
with the serving utility company(s). Undergrounding of utility structures
may be done by the subdivider, with permission from the serving utility;
2. For
subdivisions with frontages of less than 300 feet, the City Engineer
may accept a cash payment from the subdivider, in lieu of immediate
undergrounding of the lines. Payments will be based upon a written
estimate of the short unit cost from the serving utility company(s),
and will reflect the subdivision’s proportionate share of the
estimated cost for undergrounding the lines over the entire area adopted
by the City Engineer. Determination may be made by the City Engineer
at the time any application is made to pay fees pursuant to this section;
3. A subdivider with property frontage of any length may elect to enter into an agreement with the City to defer the undergrounding until the utility lines along the frontage of 1 or more of the adjoining parcels are undergrounded. The agreement shall require the cost of the undergrounding, as determined pursuant to subsection
(C)(2) of this section to be made in semiannual payments over a period of 5 years. The agreement shall be secured by a bond, or security interest in the subject real property;
4. A subdivider with property frontage of any length may petition the City to establish an assessment district to fulfill the requirement for undergrounding utilities. Prior to issuance of a certificate of occupancy or temporary certificate of occupancy for any structure in the subject subdivision, subdivider shall have an assessment district in place or shall have made provision for undergrounding pursuant to subsections
(C)(1) through
(3) of this section;
5. In
the event that property on the opposite side of any street or highway
from the property line along which undergrounding is required is vacant,
and a single set of poles carry the overhead utility lines for both
sides of the street or highway, the subdivider shall pay 50% of the
estimated cost of undergrounding. When the vacant property is developed,
the subdivider of the property shall, as a condition of the issuance
of building permits, be required to pay the remaining 50% of the cost
of such undergrounding. Where the property is not vacant, or more
than 1 set of poles carry utility lines along the street or highway,
the subdivider shall pay the full cost of required undergrounding;
and
6. Unless
otherwise specified any other provision herein notwithstanding, the
entire cost to underground street crossing utility lines shall be
the responsibility of the subdivider of the property served by the
utility lines.
D. Deposit
of payments for costs of undergrounding shall be as follows:
1. All
payments collected pursuant to this section shall be deposited into
a City-administered line item account for undergrounding utilities.
Separate accounts shall be maintained for undergrounding in defined
geographic areas throughout the City, as established by the City Engineer;
and
2. In
no event shall the payments from subdividers on both sides of the
street exceed the total estimated cost for undergrounding utilities
along that section of street plus reasonable costs of administering
this section as approved by the City Council.
(Prior code § 159.30.110)
Each lot located on the exterior boundary of the subdivision
shall have a wall adequate to prevent access between the lot and adjacent
properties or streets subject to the approval of the Director and
in compliance with this Zoning Ordinance.
(Prior code § 159.30.120)
The subdivider, as a condition of approval of a tentative map,
shall provide and install adequate water supply facilities, either
within and/or outside the subdivision, in compliance with the requirements
of the applicable water district. Design and installation plans shall
be subject to approval by the City Engineer and/or water district.
(Prior code § 159.30.130)
Any water wells, which are required to be abandoned by conditions
of approval or State law shall be abandoned in a manner approved by
the City Engineer and the State Department of Water Resources. The
location of any well shall be delineated on the final map, and well
logs, if available, shall be submitted to the City and/or water district.
(Prior code § 159.30.140)
A subdivider, as a condition of approval of a tentative map,
for a subdivision located within an area subject to high wind erosion
shall comply with the following standards, consistent with the General
Plan, this Zoning Ordinance and City regulation to control PM10:
A. A solid
masonry wall with a height of 6 feet and subject to design and materials
approval by the Director shall be constructed on the peripheral boundary
of the subdivision to protect it from the prevailing wind. Where the
required wall extends over a future street opening, a fence, 6 feet
in height, and subject to design and materials approval by the Director,
may be substituted for the masonry wall;
B. Lots
within and/or outside of the subdivision that have had soil disturbed
during construction shall be covered with protective landscaping materials,
subject to the approval of the City Engineer and in accordance with
the City’s PM10 control plan; and,
C. Prior
to and during construction, streets and disturbed open areas within
and/or outside of the subdivision shall be treated by watering or
other approved method to prevent fugitive dust.
(Prior code § 159.30.150)
A. Subdivisions
of Four or Less Parcels. The frontage improvements may be deferred
when deemed appropriate by the City Engineer. Deferral will be allowed
when the City Engineer finds that construction is impractical due
to physical constraints, or the surrounding neighborhood is absent
similar improvements. When improvements are deferred, the subdivider
shall enter into an agreement with the City for the installation of
all frontage improvements at a future date as determined by the City.
The agreement shall provide for the following:
1. The
agreement shall be acceptable to the Director, City Engineer and City
Attorney;
2. Construction
of required improvements shall begin within 90 days of the receipt
of notice to proceed from the City;
3. In
the event of default by the owner or successors, the City is authorized
to cause the construction to be done and charge the entire cost and
expense to the owner or successors, including interest from the date
of notice of the cost and expense until paid;
4. This
agreement shall be recorded in the office of the County Recorder at
the expense of the owner and shall constitute notice to all successors
of 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;
5. In
event of litigation caused by any default of the owner or successors,
the owner or successors agree to pay all costs involved, including
reasonable attorneys’ fees, which shall become a part of the
lien against the real property;
6. The
term “owner” shall include not only the present owner
but also heirs, successors, executors, administrators and assigns,
with the intent that the obligations undertaken shall run with the
real property and constitute a lien against it; and
7. Any
other provisions deemed necessary by the City.
The agreement shall not relieve the owner of any other specific
requirements of the Map Act or this Zoning Ordinance.
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B. Remainders.
Where remainders are made part of a final or parcel map, the subdivider
may enter into an agreement with the City to construct improvements
within, and along exterior boundaries of the remainder at a future
date and prior to the issuance of a permit or other entitlement for
development of a remainder parcel. The improvements shall be at the
subdivider’s expense. In absence of an agreement, the City may
require completion of the construction improvements within a reasonable
specified time following approval of the final or parcel map upon
a finding that completion of the improvements is necessary for the
following reasons:
1. The
public health and safety; or
2. The
required construction is a mandatory prerequisite to the orderly development
of the area.
(Prior code § 159.30.160)
The design and layout of all required improvements, both on-and
off-site, public and private, shall conform to generally accepted
engineering standards, the Map Act and applicable provisions of the
municipal code.
A. Streets.
The design and layout of all required streets shall comply with the
following standards/requirements:
1. In
compliance with the Circulation Element and all other related provisions
of the General Plan;
2. Direct
driveway access shall be avoided when possible from arterials and
collector streets as identified in the Circulation Element. Circular
driveways or turnarounds shall be provided when direct access is unavoidable;
and
3. In
compliance with standards established by the City Engineer, including:
a. Specific cross-section street standards, based upon and related to
the use to be made of the street(s);
b. Offset intersections shall be a minimum of 150 feet centerline to
centerline for local streets. A greater distance shall be established
for larger streets as determined by the City Engineer; and
c. No cul-de-sac shall exceed 500 feet in length unless approved by
the Fire Marshal and Planning Commission.
B. Sidewalks.
Sidewalks shall be provided for all lots included in the subdivision.
The sidewalks shall be of such width as may be required by the policies
and procedures of public works, but in no case less than 5 feet in
width adjacent to the curb in a residential area, or less than 6 feet
in a commercial or industrial area. Considerations in design are to
be given for handicapped persons and senior citizens. In addition,
the following shall apply:
1. Required
sidewalk widths may include street signs, lights, fire hydrants, etc.
These sidewalks should be located adjacent to the curb. However, in
no instance may the clear path of travel be reduced to less than 4
feet.
2. Meandering
sidewalks, where used, shall be 5 feet in width and shall not include
street signs, lights, etc.;
3. Sidewalks
constructed of alternative paving materials as approved by the City
Engineer, shall have smooth surfaces to ensure pedestrian safety.
Asphalt shall not be used as an alternative paving material; and
4. Undulating
sidewalks are not permitted.
C. Alleys.
All alleys shall have a minimum width of 20 feet. Intersecting alleys
shall have a corner cutoff or radius of not less than 20 feet.
D. Corner
Treatment. At all block corners there shall be a rounding at the curb
to a minimum radius of 25 feet. There shall also be a rounding of
the property lines or a corner cutoff as established by the City Engineer.
(Prior code § 159.30.170)
The design of subdivision shall provide 1 or more appropriate
cable television systems an opportunity to construct, install and
maintain any necessary equipment, pursuant to Map Act Section 66473.3.
Conduits and manvaults shall be dedicated to the City. This section
is not intended to require free access to a subdivision, but to allow
a cable franchise the opportunity to negotiate for providing service.
(Prior code § 159.30.180)
The design of a subdivision shall provide, to the extent feasible,
for future passive or natural heating or cooling opportunities, solar
access, etc. pursuant to Map Act Section 66473.1.
(Prior code § 159.30.190)
All subdivisions shall abut upon, or have an approved access
to a public street. In addition, the following standards shall apply:
A. Each
lot or unit within the subdivision shall have approved direct access
to a public or private street.
B. Street
layout shall be designed to provide for future access to, and not
impose undue hardship upon, property adjoining the subdivision.
C. No
new direct driveway access from individual residential lots onto divided
major arterials, major arterials or minor arterials shall be permitted,
unless approved by the City.
D. In
the case of private streets, the subdivider shall provide an appropriate
method for permanent maintenance subject to approval of the City Engineer
and the City Attorney.
E. Reserve
strips, or non-access at the end of any street or at the exterior
boundary of the subdivision, shall be dedicated unconditionally to
the City, when required.
F. A tentative
tract or parcel map shall provide for at least 2 different standard
routes for ingress and egress. A standard route is a road, which is
dedicated to the City and has a minimum paved width of 40 feet.
(Prior code § 159.30.200)
As required by Map Act Section 66475, regarding dedication of
roadways to the public, the subdivider shall also dedicate additional
land as may be necessary and feasible to provide bicycle paths for
the use and safety of the residents of the subdivision, if the subdivision
contains 200 or more parcels, pursuant to Map Act Section 66475.1.
(Prior code § 159.30.270)
The subdivider, as a condition of approval of a tentative map,
shall dedicate, or make an irrevocable offer of dedication of, all
parcels of land within the subdivision that are needed for streets
and alleys, including access rights and abutters rights, drainage,
public open space, trails, scenic easements, public utility easements
and other public easements, pursuant to Map Act Section 66475. In
addition, the subdivider shall improve or agree to improve all the
aforementioned dedications and easements.
(Prior code § 159.30.290)
All dedications of property to the City for public purposes
may be made in fee title, and that, at the City’s discretion,
a grant of an easement may be accepted for open space, scenic, trails,
parks, and/or public utility easements. All dedications in fee and
grants of easements shall be free of liens and encumbrances except
for those, which the City finds would not conflict with the intended
use. The City may accept an irrevocable offer of dedication in lieu
of dedication.
(Prior code § 159.30.300)
The subdivider, as a condition of approval of a tentative map,
may be required to dedicate, or make an irrevocable offer of dedication,
of land within the subdivision for local transit facilities (e.g.,
shelters, bus turn outs, its.), pursuant to Map Act Section 66475.2.
(Prior code § 159.30.310)
The subdivider, as a condition of approval of a tentative map,
may be required to reserve areas of real property for parks, recreational
facilities, fire stations, libraries or other public uses, pursuant
to the requirements of Map Act Sections 66479 and 66480.
(Prior code § 159.30.330)
The subdivider, as a condition of approval of a tentative map,
may be required to dedicate real property for the construction of
a public school to assure the residents of the subdivision adequate
public school service. The dedication and subsequent repayment to
the subdivider shall comply with the provisions of Map Act Section
66478.
(Prior code § 159.30.340)
The subdivider may be required to install improvements for the
benefit of the subdivision which may contain supplemental size, capacity
or number for the benefit of property not within the subdivision as
a condition precedent to the approval of a subdivision map, and thereafter
to dedicate such improvements to the public. However, the subdivider
may be reimbursed for that portion of the cost of such improvements
equal to the difference between the amount it would have cost the
subdivider to install such improvements to serve the subdivision only,
and the actual cost of such improvements pursuant to the provisions
of Map Act Sections 66485, 66486 and 66487. The reimbursement shall
be in conformance with an agreement approved by the City Council.
No improvements shall be constructed prior to approval of the agreement.
A. The
owner of property serviced by a sewer main extended by the owner 300
feet or more beyond the existing sewer facilities as measured from
the point of connection with such existing facilities to the point
where the extension enters the lot, parcel or tract to be served by
such line, may file with the City and/or Water District Engineer,
2 copies of an audited report of the costs incurred for the sewer
line extension and manhole construction (except laterals) as an application
for the reimbursement of the costs. The reports shall be filed within
90 days after written acceptance of such extension by the City and/or
Water District. The City Engineer shall review such documentation
and shall within 45 days after acceptance of same, make a recommendation
to the City Manager that:
1. All
or a portion of the costs be accepted or denied;
2. The
City and/or Water District enter into a payback agreement with the
owner or subdivider. The agreement shall provide that persons making
connection to the line be assessed a fee on a pro rata basis as determined
by the frontage of the lot, parcel, or tract serviced by sewer line
extension and, that all fees collected shall be paid to the original
builder of the line. Any such agreement shall have a maximum term
of 10 years and shall not pay interest; or
3. The
owner receive immediate payment from a sewer construction fund of
the allowed costs of the construction.
B. The
recommendation of the City Engineer shall be based upon the following
criteria:
1. That
the extension represents a logical and reasonable extension of the
water and/or sewer line;
2. Properties
along the extension have a reasonable probability of development within
the ensuing 10 years;
3. There
are sufficient unencumbered funds in the water district’s water
and/or sewer line construction fund to finance the line;
4. The
extension does not conflict with or delay the 5-year sewer line construction
plan;
5. The
extension is in compliance with the General Plan; and
6. The
owner is not receiving any other form of government financing, including
but not limited to inducement, reimbursement, or fee waiver for such
development.
Based on the above, the City Manager shall submit a recommendation
to the City Council.
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C. No
reimbursement shall be made hereunder unless and until the City Manager
determines that the audited report and verified claim have been filed
within the allotted time periods and are otherwise acceptable to the
City.
(Prior code § 159.30.360)
The City shall require as a condition of approval of a tentative
map dedication of streets designated as arterial highways, including
waiver of direct access rights, except at approved access points.
The City may require as a condition of approval of a tentative map
that dedications or offers of dedication of streets include a waiver
of direct access rights to any street from any property within or
abutting the subdivision. The waiver shall become effective upon acceptance
of the dedication, pursuant to Map Act Section 66476.
(Prior code § 159.30.370)