All major subdivisions for which a tentative map is required
by this title shall conform to the following requirements as to design:
A.
Except
as approved by the City Engineer, no lot shall include land in more
than a single tax code area. A building permit shall not be issued
for a lot which includes land in more than one tax code area and a
note reflecting such restriction shall be included on the final map.
B.
Every
lot shall contain the minimum lot area specified in Title 21 for the
zone in which the lot is located at the time the final map is submitted
to the City Council for its approval; provided, however, if no lot
area is established by Title 21, every lot shall contain a net area
of no less than 7,500 square feet.
C.
Every
lot shall front on a dedicated street or a street offered for dedication
unless otherwise authorized by Title 21 for the zone in which the
lot is located at the time the final map is submitted to the City
Council for its approval.
D.
Every
lot shall have a width as specified in Title 21 for the zone in which
the lot is located at the time the final map is submitted.
E.
Except for panhandle or flag-shaped lots approved pursuant to Title 21, lots whose side lines are approximately radial to the center of a cul-de-sac or the center of the intersection of two dead end streets shall have at least 33 feet of frontage measured at the right-of-way lines.
F.
Panhandle
or flag-shaped lots, if permitted pursuant to Title 21, shall have
minimum frontage of 20 feet on a dedicated public street or publicly
dedicated easement accepted by the city. Where the panhandle or flag-shaped
portion of a lot is adjacent to the same portion of another such lot
the required minimum frontage on such street easement shall be 15
feet provided a joint easement ensuring common access to both such
portions is agreed upon by the owners of such lots and recorded.
G.
Through
lots shall not be allowed unless vehicular access rights are relinquished
to one of the abutting streets as approved by the City Engineer.
H.
Lot
depth shall be at least 90 feet. Lot depth shall be no greater than
three times the average width except for minor subdivisions where
the proposed lot depth to width ratio is less than that of the existing
lot.
I.
Whenever
practicable, subdivision of residential property abutting prime, major
and secondary arterial routes shown on the circulation element of
the city general plan, railroads, transmission lines and open flood-control
channels shall be designed so that the lots do not front on nor have
access from such rights-of-way.
J.
Whenever
practicable, side and rear lot lines shall be located along the top
of manmade slopes instead of at the toe or at intermediate locations
on the slopes.
K.
Bicycle
routes shown on the city general plan shall be included in the subdivision
when such routes pass through or abut the subdivision.
Whenever rights-of-way for streets are required to be dedicated
in subdivisions containing 200 or more lots, the subdivider shall
include bicycle routes when necessary and feasible for the use and
safety of the residents.
L.
Considerations
shall be given to assuring proper development of abutting properties
in the development of the street plan.
(Ord. 9417 § 2, 1975; Ord. 9467 § 6, 1976; Ord. 9521 § 12, 1979; Ord. 9827 § 2, 1987)
In addition to the requirements of Section 20.16.010, the design of a major subdivision for which a tentative map is required by this title, shall also provide to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision.
A.
Examples
of passive or natural heating opportunities in subdivision design
include design of lot size and configuration to permit orientation
of a structure in an east-west alignment for southern exposure.
B.
Examples
of passive or natural cooling opportunities in subdivision design
include design of lot size and configuration to permit orientation
of a structure to take advantage of shade or prevailing breezes.
C.
In
providing for future passive or natural heating or cooling opportunities
in the design of a subdivision, consideration shall be given to local
climate, to contour, to configuration of the parcel to be divided,
and to other design and improvement requirements, and such provision
shall not result in reducing allowable densities or the percentage
of a lot which may be occupied by a building or structure under applicable
planning and zoning in force at the time the tentative map is filed.
D.
The
requirements of this section do not apply to condominium projects
which consist of the subdivision of airspace in an existing building
when no new structures are added.
E.
For
the purposes of this section, "feasible" means capable of being accomplished
in a successful manner within a reasonable period of time, taking
into account economic, environmental, social and technological factors
as the City Council may determine.
(Ord. 9521 § 12, 1979; Ord. CS-192 § 14, 2012)
All streets shown on a tentative map shall be in substantial
conformance to the circulation element of the general plan and they
shall relate to the existing streets in the areas adjoining the subdivision.
Such streets shall also conform to any applicable master plans, specific
plans or other officially adopted street plans.
(Ord. 9417 § 2, 1975)
A.
The
subdivider shall offer to dedicate rights-of-way for streets within
the subdivision in accordance with city standards.
B.
No
final map shall be approved unless the street or streets providing
primary access to the subdivision are dedicated to and maintained
by a city, county or state and the street or streets meet city standards
for right-of-way width.
C.
Streets
which are proposed on the boundaries of a subdivision shall have a
dedicated width of no less than 42 feet together with a strip of land
one foot wide on its outer edge which shall be offered to the city
for street purposes and over which access rights are relinquished.
D.
All
streets proposed to be terminated at the subdivision boundary shall
include a strip of land one foot wide across the street at its point
of termination at the boundary which shall be portions of the adjacent
lots, offered for street purposes and over which access rights are
relinquished.
E.
Intersections
of existing streets or of existing streets with streets shown on the
circulation element of the general plan shall be offset at least 250
feet. Four-way intersections are to be avoided wherever possible.
F.
Where
it is necessary to extend a street beyond the boundaries of a subdivision
to provide adequate circulation for residents of the subdivision,
the subdivider shall cause the required easements to be dedicated
to the city and shall improve the easements in accordance with city
standards.
G.
Whenever any land to be subdivided is bounded by an inlet, bay, estuary, lagoon, river, stream or by the Pacific Ocean, there shall be a street to and along such inlet, bay, estuary, lagoon, river, stream or ocean front, or adequate public access to and along such boundary shall be provided or be made otherwise available in lieu of such street or any combination as the City Council may require to insure compliance with Chapter 4, Article 3.5 of the Subdivision Map Act.
H.
Where
a drainage facility or flood control facility is necessary for the
use of lot owners or for the protection of lots, adequate rights-of-way
for such drainage facilities or flood control facilities shall be
offered for dedication to the city or to such other public entities
as the City Council designates and shall be shown on the map.
I.
Where
it is necessary to extend a drainage facility or flood-control facility
beyond the boundaries of the subdivision for adequate drainage or
flood-control needs, the required rights-of-way shall be offered for
dedication.
J.
Drainage
facilities and flood-control facilities within and without the subdivision
shall be provided so as to carry storm runoff, both tributary to and
originating within the subdivision.
K.
The subdivider shall offer to dedicate land for park purposes, pay fees in lieu thereof, or do a combination of both, pursuant to Chapter 20.44 of this title.
L.
The
subdivider shall offer to dedicate in accordance with city standards
the necessary right-of-way for bicycle routes under the following
circumstances:
M.
Where
required, a dedication or offer of dedication of a street shall include
a waiver of direct access rights to such street from any property
shown on a final map as abutting thereon, and if the dedication is
accepted, such waiver shall become effective in accordance with the
provisions of the waiver of direct access.
(Ord. 9417 § 2, 1975)
A.
Before
approving a final map, the decision-making authority shall require
and before a final map is approved by operation of law, it shall be
required that:
1.
The
subdivider grade and improve or agree to grade and improve all land
dedicated or to be dedicated for streets or easements, bicycle routes
and all private streets and private easements laid out on a final
map or parcel map in such manner and with such improvements as are
necessary for the use of the lot owners in the subdivision and local
neighborhood traffic and drainage needs, and in accordance with city
standards;
2.
The
subdivider install or agree to install all drainage and flood-control
structures and facilities required by the City Engineer, which drainage
and flood-control structures and facilities shall conform to city
standards, or the standards of other appropriate agencies as the City
Engineer adopts;
3.
The
subdivider install or agree to install fire hydrants and connections
of a type and location approved by the Fire Chief. For local residential
streets, fire hydrant connections, including valves, shall be installed
between the sidewalk and the curb and gutter in the parkway;
4.
The
subdivider provide all necessary easements and rights-of-way to accommodate
all streets, drainage and flood-control structures and facilities
and sewer systems extending beyond the boundaries of the subdivision;
5.
The
subdivider provide that the subdivision be connected to a domestic
water system approved by the city and all water mains shall be of
a material subject to the requirements of the water company or agency
serving the subdivision. That the subdivider shall install or agree
to install all required water systems necessary to serve the subdivision
and that all water lines, appurtenances and service connections have
been constructed or laid prior to paving or provisions have been made
to insure said construction; and
6.
Where
a sewer line is constructed or laid within a street or road, the subdivider
has installed or agreed to install sewer lines of a type and size
approved by the City Engineer to the property line of each lot within
the subdivision and all sanitary sewer lines, appurtenances and service
connections have been constructed or laid prior to paving or provisions
have been made to insure the construction.
B.
If
the offer of dedication of streets is rejected on the map pursuant
to Section 66477.1 of the Subdivision Map Act, no surfacing shall
be required on any street so rejected; provided, however, this provision
shall not be construed as relieving the subdivider of the obligation
of:
1.
Grading
such rejected streets to grades and widths required by city standards;
2.
Installing
all drainage structures and facilities required by the City Engineer,
which shall conform to city standards; or
3.
Installing
water supply pipelines, fire hydrants and connections as may be required
by the City Engineer and Fire Chief.
C.
No
surfacing is required on any private street laid out on any parcel
map where each parcel shown on such map contains a gross area of 20
acres or more; provided, however, this provision shall not be construed
as relieving a subdivider of the obligation of:
D.
The
design of any subdivision for which a tentative map or parcel map
is required pursuant to Government Code Section 66426 shall provide
for appropriate cable television systems and for communication systems,
including, but not limited to, telephone and internet services, to
each parcel in the subdivision. All new utility distribution facilities,
including cable television conduit and lines, and communications systems,
within the boundaries of any new subdivision or within the half-street
abutting a new subdivision, shall be placed underground. All existing
utility distribution facilities shall be placed underground within
the boundaries of any new subdivision or within any half-street abutting
any new subdivision except where the existing facilities within any
single half-street section abutting the new subdivision span a distance
of less than 600 feet, or where it is determined by the City Engineer
that it is not practicable to place the existing facilities underground
within any single half-street section due to the existence of overhead
utility services to properties on the opposite side of that half-street
section, in which cases the subdivider shall execute and record a
covenant running with the land not to oppose a local improvement district
for underground placement of utilities.
In developments where overhead utility distribution facilities
are allowed to remain, all new services to existing lots and lots
created according to the provisions of this title shall be installed
underground from the nearest utility pole.
The subdivider is responsible for complying with the requirements
of this subsection, and the subdivider shall make the necessary arrangements
with each of the serving utilities, including franchised cable television
operators, and communication system providers, including, but not
limited to, telephone and internet services, for the installation
of such facilities. Transformers, terminal boxes, meter cabinets,
pedestals, concealed ducts and other facilities necessarily appurtenant
to such underground utilities and street lighting systems may be placed
aboveground, subject to approval of the City Engineer as to type and
location. The provisions of this subsection shall not apply to the
installation and maintenance of overhead electric transmission lines
in excess of 34,500 volts and long-distance and trunk communication
facilities. The installation of cable television lines may be waived
when, in the opinion of the City Council, no franchised cable television
operator is found to be willing and able to install cable television
lines in the subdivision. Notwithstanding any such waiver, the installation
of cable television conduits is required.
E.
The
subdivider shall construct or shall cause to be constructed at his
or her cost a street lighting system conforming to city standards.
F.
Where
the city has adopted a flood-control element or drainage element of
the general plan, any improvements shall conform to such element wherever
possible.
G.
The
subdivider shall comply or agree to comply with all the conditions
of approval contained in the resolution approving the tentative map
and not otherwise provided for by this section.
H.
If
improvements are required for a designated remainder parcel, the fulfillment
of such requirements by the construction of improvements shall not
be required until such time as a building or grading permit for development
of the parcel is issued by the city or until such time as the construction
of such improvements is required pursuant to an agreement between
the subdivider and the city. In the absence of such an agreement,
the City Council may require fulfillment of some or all of such construction
requirements within a reasonable time following approval of the final
map and prior to the issuance of a building or grading permit for
the development of a remainder parcel upon a finding that fulfillment
of the construction requirements is necessary for reasons of public
health and safety or that the construction is a necessary prerequisite
to the orderly development of the surrounding area.
(Ord. 9417 § 2, 1975; Ord. 7044 § 1, 1976; Ord. 9521 § 13, 1979; Ord. 9549 § 4, 1980; Ord. NS-603 § 2, 2001; Ord. NS-745 § 1, 2005; Ord. CS-192 § 16, 2012)
A.
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 or parcel map
and thereafter to dedicate such improvements to the public. However,
when such supplemental size, capacity or number is solely for the
benefit of property not within the subdivision, the city shall enter
into an agreement with the subdivider to reimburse the subdivider
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 the Subdivision Map
Act.
B.
The
City Council shall determine the method for payment of the costs required
by a reimbursement agreement which may include but is not limited
to the establishment and maintenance of local benefit districts for
the levy collection of such charge or costs from the property benefited.
(Ord. 9521 § 14, 1979; Ord. NS-745 § 1, 2005)
A.
No
charge, area of benefit or local benefit district shall be established
unless and until a public hearing is held thereon by the City Council
and the City Council finds that the fee or charge and the area of
benefit or local benefit district is reasonably related to the cost
of such supplemental improvements and the actual ultimate beneficiaries
thereof.
B.
In
addition to the notice required by Section 66451.3 of the Government
Code, written notice of the hearing shall be given to the subdivider
and to those who own property within the proposed area of benefit
as shown on the latest equalized assessment roll, and the potential
users of the supplemental improvements insofar as they can be ascertained
at the time. Such notices shall be mailed by the City Clerk at least
10 days prior to the date established for the hearing.
(Ord. 9521 § 14, 1979)
If the city has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in Chapter 20.08 of this title, the city may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in Chapter 20.08. The city may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the city therefor may be utilized to reimburse the subdivider.
(Ord. 9521 § 14, 1979; Ord. 9602 § 14, 1981)
A.
Every
final map shall show the following monuments:
1.
Boundary
Monuments. The exterior boundary of the subdivision shall be monumented
with permanent monuments not smaller than two inch iron pipes at least
24 inches long set at each corner and at intermediate points along
the boundary not more than 1,000 feet apart and at the beginning and
end points of all curves; provided, if any existing record and identified
monument meeting the foregoing requirements is found at any such corner
or point, such monument may be used in lieu of a new monument.
2.
Lot
Corner Monuments. All lot corners, except when coincident with exterior
boundary corner, shall be monumented with permanent monuments of one
of the following types:
3.
Such
additional monuments to mark the limiting lines of streets as the
City Engineer may require.
4.
All
other monuments set or proposed to be set.
B.
The
subdivider shall cause the foregoing monuments to be set by a licensed
surveyor or engineer.
C.
All
monuments and their installation shall conform to city standards.
D.
All
of the foregoing monuments shall be set prior to the approval of the
map by the City Council unless the setting thereof is deferred in
accordance with Section 66496 of the Subdivision Map Act; provided,
however, the setting of exterior boundary monuments shall not be deferred
unless the City Engineer determines that such monuments might be disturbed
by the construction of improvements.
E.
Where
the setting of monuments is deferred following filing of a final map,
such monuments shall be set within 30 days after the completion of
the required improvements and prior to the acceptance thereof by the
city. The setting of monuments shall not be deferred if a parcel map
is filed unless expressly allowed by the City Engineer.
F.
Prior to approval of final map, subdivider shall provide the city with security in an amount equal to 100% of the estimated cost of setting subdivision monuments. The security shall be in a form as provided in Section 20.16.070. The security shall be released upon presentation by subdivider to the city of evidence that the monuments are set and the engineer or surveyor has received full payment for setting of the monuments.
(Ord. 9417 § 2, 1975; Ord. NS-131 § 1, 1990)
Unless the decision-making authority requires the subdivider to construct improvements prior to final map approval, the subdivider may elect to agree to construct improvements or to otherwise comply with the requirements of this title and with the conditions in the resolution approving the tentative map or, if authorized by the City Council, may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, as provided in Section 66462 of the Subdivision Map Act. If the subdivider consents, or the City Council requires pursuant to Section 20.16.040, the agreement may provide for the improvements for a designated remainder parcel prior to issuance of a building or grading permit for such parcel. In addition, the subdivider shall prepare and deposit with the City Clerk detailed plans and specifications of the improvements to be constructed or the conditions to be met, and such plans and specifications shall be made a part of any such agreement or contract and of the improvement security securing the same. The City Manager is authorized to sign such agreements on behalf of the city.
(Ord. 9417 § 2, 1975; Ord. 9549 § 4, 1980; Ord. CS-192 § 17, 2012)
The improvement agreement referred to in Section 20.16.060 shall be secured by one of the following:
A.
A bond
or bonds by one or more duly authorized corporate sureties substantially
in the form prescribed by Sections 66499.1 and 66499.2 of the Subdivision
Map Act.
B.
A deposit
either with the city or a responsible escrow agent or trust company
selected by the city of cash or negotiable bonds of the kind approved
for securing deposits of its public moneys.
C.
An
irrevocable instrument of credit from one or more responsible financial
institutions regulated by federal or state government and pledging
that the funds are on deposit and guaranteed for payment on demand
by the city.
D.
A letter
of credit in a form approved by the Finance Director and the City
Attorney from a financial institution regulated by the state or federal
government and approved by the Finance Director and the City Attorney.
(Ord. 9417 § 2, 1975; Ord. 9680 § 4, 1983)
Improvement security shall be in the following amounts:
A.
One
hundred percent of the total estimated cost of the improvement or
act to be performed conditioned upon the faithful performance of the
act or agreement;
B.
Fifty
percent of the total estimated cost of the improvement or act to be
performed securing payment to the contractor, the subcontractors and
to persons furnishing labor, materials or equipment to them for the
improvement or the performance of the required act;
C.
Twenty-five
percent of the total estimated cost of the improvement or act to be
performed to guarantee or warranty the work for a period of one year
following completion or acceptance thereof against any defective work
or labor done or defective materials furnished. The security shall
be obtained by retaining 25% of the security for faithful performance
of the act or agreement;
D.
If
the improvement security is other than a bond or bonds furnished by
duly authorized corporate surety, an additional amount shall be included,
as determined by the City Council, as necessary to cover the cost
and reasonable expenses and fees, including reasonable attorney's
fees, which may be incurred by the city in successfully enforcing
the obligation secured. The improvement security shall also secure
the faithful performance of any changes or alterations in the work
to the extent that such changes or alterations do not exceed 10% of
the original estimated cost of the improvement;
E.
Whenever an entity required to furnish security is a California nonprofit corporation funded by the United States of America or one of its agencies, or the State of California or one of its agencies, the entity shall not be required to comply with subsection A or B of this section, provided that the conditions established by subsection C of Section 66499.3 of the State Government Code are met.
(Ord. 9417 § 2, 1975; Ord. 9680 § 55, 1983; Ord. NS-131 § 2, 1990)
The improvement security required under this chapter shall be
released in the following manner:
A.
Seventy-five percent of security given for faithful performance of any act of agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of subsection B of this section. Twenty-five percent of the security given for faithful performance of any act or agreement shall be retained for a period of one year after acceptance to guarantee or warranty the work or act as required in Section 20.16.080(C). No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof.
B.
The
City Engineer may release a portion of the security in conjunction
with the acceptance of the performance of the act or work as it progresses
upon application therefor by the subdivider; provided, however, that
no such release shall be for an amount less than 25% of the total
improvement security given for faithful performance of the act or
work. In no event shall the City Engineer authorize a release of the
improvement security which would reduce such security to an amount
below that required to guarantee the completion of the act or work
and any other obligation imposed by this title, the Subdivision Map
Act or the improvement agreement.
C.
Security
given to secure payment to the contractor, his or her subcontractors
and to persons furnishing labor, materials or equipment shall, six
months after the completion and acceptance of the act or work, be
reduced to an amount equal to the amount of all claims therefor filed
and of which notice has been given to the legislative body plus an
amount reasonably determined by the City Engineer to be required to
assure the performance of any other obligations secured thereby. The
balance of the security shall be released upon the settlement of all
such claims and obligations for which the security was given.
(Ord. 9417 § 2, 1975; Ord. NS-131 § 3, 1990; Ord. CS-135 § 9, 2011)
A.
Whenever a subdivider is required as a condition of a tentative map to construct or install off-site improvements on property which neither the subdivider nor the city owns, then not later than 120 days prior to filing the final map for approval the subdivider shall provide the city with sufficient information, reports and data including, but not limited to, an appraisal and title report, to enable the city to commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said title.
B.
The subdivider shall agree pursuant to Section 20.16.060 to complete the improvements at such time as the city has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in Section 20.16.070.
C.
If
the city has not required the subdivider to enter into an agreement
and the city fails to meet the 120-day limitation, the condition of
construction of off-site improvements shall be conclusively deemed
to be waived. The waiver shall occur whether or not the city has postponed
or refused approval of the final map, because the subdivider has failed
to meet a tentative map condition which requires the construction
or installation of off-site improvement on land owned by a third party.
(Ord. 9680 § 6, 1983; Ord. NS-704 § 1, 2004)
Upon the failure of the subdivider to complete any improvement,
acts or obligations within the time specified, the City Council may,
upon notice in writing of not less than 10 days served upon the person
responsible for the performance thereof, or upon notice in writing
of not less than 20 days served by registered mail addressed to the
last known address of such person, determine that the subdivider is
in default and may cause the improvement security, or such portion
thereof as is necessary to complete the work or act and any other
obligations of the subdivider secured thereby, to be forfeited to
the city.
(Ord. 9417 § 2, 1975)
