A.
Improvements
required to be installed by a subdivider as a condition precedent
to the filing of a final tract or parcel map shall comply with the
requirements of this chapter. Such improvements shall be provided
and developed in accordance with the conditions imposed as a condition
of approval of the tentative map, in accordance with any agreement
or bond made or entered into by the subdivider for that purpose, and
in accordance with the standards and specifications set by administrative
regulations and ordinances of the city applicable at the time to the
tentative map. All requirements of Article 3.5, Chapter 4 of the Subdivision
Map Act relative to public access to public resources shall be complied
with, and such requirements shall be made a part of this chapter.
B.
All
improvements, rights-of-way, easements and other appurtenances required
as a condition of the tentative map shall be dedicated to the city,
or to the appropriate agency as determined by the city, at no cost
to the city or such agency, unless otherwise specifically provided
by state law.
(Prior code § 9108.01; Ord. 855 § 3, 1994)
Plans, profiles and specifications for on-site improvements,
other than for streets and highways, shall be submitted to the city
engineer prior to the time a final tract or parcel map is submitted
for checking and certification. Such plans shall show all details
of the proposed improvements and site development needed for approval
of such plans by the city engineer. Such details shall include requirements
of other governmental agencies whose jurisdiction some portion of
the plans may encompass. Preliminary plans may be approved by the
city engineer when sufficient engineering data is furnished by the
subdivider to demonstrate that the preliminary design meets the city's
requirements, is practical from a maintenance standpoint, is consistent
with sound engineering practices, and that the final plans will conform
to the preliminary plans with only minor changes or modifications.
Final plans for such improvements and site development must be approved
by the city engineer prior to transmitting the final tract map or
parcel map to the city council and/or planning commission, respectively,
for approval. If the subdivider applies for a reimbursement agreement
and/or another governmental agency, whose approval of the plans is
required, the city engineer shall not approve preliminary or final
plans until and unless such agreement and agency approval has been
consummated.
(Prior code § 9108.02; Ord. 855 § 3, 1994)
Plans, profiles and specifications for all street and highway
improvements shall be subject to the approval of the city engineer.
Such plans shall be furnished to the city engineer not later than
the time of submitting the final tract or parcel map to the city engineer
for checking, and shall be subject to the approval of the city engineer
before any such map shall be certified by the city engineer. Such
plans, profiles and specifications shall show full details of the
proposed improvements, and shall be in accordance with the standards
and specifications of the city. Such plans shall also include a design
grade for an existing highway or for a future street, provided the
city engineer determines that such grade is necessary to properly
locate slope and drainage easements and/or facilities, if any.
(Prior code § 9108.03; Ord. 855 § 3, 1994)
If streets, highways or other public ways are to be dedicated
or granted in fee on a final tract or parcel map or by separate instrument
prior to filing such maps, and the subdivider is required to grade,
pave or install curbs, gutters or sidewalks within such easements,
the subdivider shall provide a copy of the final tract or parcel map,
as the case may be, which delineates all structures within such easements,
except publicly owned storm drains, water lines, sewers and other
drainage or sanitary facilities. Such maps shall be submitted to the
city engineer when highway improvement plans are submitted for approval.
(Prior code § 9108.04; Ord. 855 § 3, 1994)
Each highway shall be improved with full-width grading, cement
concrete curbs and gutters, full-width roadway paving, installation
of drainage facilities incidental thereto, street signs, and such
other improvements for traffic and drainage needs as are required
for the appropriate developments of the division of land.
(Prior code § 9108.05; Ord. 855 § 3, 1994)
Each street, whether public or private, shall be improved with
full-width grading, Portland cement concrete curbs and gutters, full-width
roadway paving, drainage facilities incidental thereto, and street
signs.
(Prior code § 9108.06; Ord. 855 § 3, 1994)
The city council may require the remodeling of an existing street or highway. Such remodeling shall be in accordance with the improvement requirements specified in Sections 17.32.050, 17.32.060 and 17.32.080 of this chapter.
(Prior code § 9108.08; Ord. 855 § 3, 1994)
If a portion of an existing street or highway constitutes any portion of the boundary of the division of land and such street or highway is unimproved, the subdivider shall improve or agree to improve such street or highway as specified herein and as set forth in Sections 17.32.050, 17.32.060 and 17.32.070 of this chapter.
(Prior code § 9108.07; Ord. 855 § 3, 1994)
Except for full-width grading, the subdivider shall not be required
to improve streets or highways shown on a final tract or parcel map
as future streets.
(Prior code § 9108.09; Ord. 855 § 3, 1994)
A.
The
subdivider shall install or agree to install water mains and fire
hydrants in a division of land for the general use of the lot owners
and for fire protection. The installation of such water mains and
fire hydrants shall comply in all respects with all statutes, ordinances,
rules and regulations applicable to water mains and fire hydrants.
In the absence of such statutes, ordinances, rules and regulations,
required domestic water flows shall be determined by the city engineer,
and required fire flows, duration of required fire flows, and fire
hydrant type and location shall be determined by the fire chief.
B.
Water
mains and fire hydrants may be required on existing streets or highways
adjacent to or within the division of land, provided the existing
improvements are insufficient for the general use and/or fire protection
of the lot owners.
(Prior code § 9108.21; Ord. 855 § 3, 1994)
The subdivider shall install sanitary sewers to serve each lot
in a division of land. Such sewers shall be designed in accordance
with the requirements of the city engineer, and the outlet to be used
for the sewers shall be designated by the city engineer.
(Prior code § 9108.16; Ord. 855 § 3, 1994)
The subdivider shall provide such drainage improvements and
facilities as are considered necessary by the city engineer for the
drainage requirements of a division of land and for tributary areas.
Such facilities shall be constructed in accordance with such standards
and specifications approved by the city engineer.
(Prior code § 9108.12; Ord. 855 § 3, 1994)
The city council may require such structures to be installed
as are necessary for the proper functioning and maintenance of the
improvements required to remove a flood or geological hazard and as
are necessary for the protection of property adjacent to the division
of land.
(Prior code § 9108.11; Ord. 855 § 3, 1994)
Utility lines, including, but not limited to, electric, communications,
street lighting and cable television, shall be required to be placed
underground. The subdivider is responsible for complying with the
requirements of this section, and he or she shall make the necessary
arrangements with the utility companies for the installation of such
facilities.
(Prior code § 9108.15; Ord. 855 § 3, 1994)
The subdivider shall provide one or more appropriate cable television
systems an opportunity to construct, install and maintain on land
identified on the map as dedicated or to be dedicated to public utility
use, any equipment necessary to extend cable television services to
each residential parcel in the subdivision. This section shall not
apply to the conversion of existing dwelling units to condominiums,
community apartments or stock cooperatives.
(Ord. 855 § 3, 1994)
The subdivider shall install concrete sidewalks not less than
four feet wide along both sides of all streets and highways within
or adjacent to the division of land. Sidewalks shall be installed
adjacent to the curb only if the city council so specifies. Such sidewalk
widths shall be minimum unless otherwise required by the city engineer,
city planner, planning commission or city council, as the case may
be.
(Prior code § 9108.17; Ord. 855 § 3, 1994)
The planning commission or the city council may require the
design of a subdivision to provide for the availability of individual
household telephone service to each residential parcel in the subdivision.
(Ord. 855 § 3, 1994)
The subdivider shall provide an ornamental street lighting system
in each division of land. Plans for the installation of the system
shall be submitted to the city engineer for approval.
(Prior code § 9108.18; Ord. 855 § 3, 1994)
The planning commission or the city council may require, as
a condition for a tentative, parcel or final map application or approval,
that the subdivider defend, indemnify and hold harmless the city or
its agents, officers and employees from any claim, action or proceeding
against the city or its agents, officers or employees to attack, set
aside, avoid or annul an approval of the city council or the planning
commission or any other city, agency or board concerning a subdivision,
which action is brought within the time period provided for in Section
66499.37 of the Subdivision Map Act. Any condition imposed pursuant
to this section shall include the requirement that the city promptly
notify the subdivider of any claim, action or proceeding and that
the city cooperate fully in the defense.
(Ord. 855 § 3, 1994)
The subdivider shall plant trees in the parkway of streets and
highways and/or adjacent to a division of land. The type, species
and location of such trees shall be subject to the approval of the
director of public works and city planner.
(Prior code § 9108.20; Ord. 855 § 3, 1994)
Whenever a lot on a final map is to be owned in common by a
number of persons or by an association comprised of a number of persons,
the subdivider shall form a landscape maintenance district, or establish
an alternate landscape maintenance procedure satisfactory to the city
prior to filing a final map to assure continual maintenance of common
areas.
(Prior code § 9108.19; Ord. 855 § 3, 1994)
If lots in a division of land abut a street or highway and the
subdivider has relinquished or dedicated access rights to such street
or highway, a masonry wall not less than six feet in height shall
be required to be installed and constructed along the property line
of the lots contiguous to the street or highway, unless such lots
are designed to front onto such street or highway and are served by
a dedicated and improved alley. In any case, a building permit shall
be obtained for the erection and construction of such wall.
(Prior code § 9108.13; Ord. 855 § 3, 1994)
The subdivider shall provide a fence or wall not less than six
feet high along each side of any portion of a dedicated right-of-way
for any watercourse or drainage facility within a proposed division
of land if the city engineer finds that the location, shape, slope,
width, velocity of water therein, or other characteristics of the
watercourse or drainage facility makes the fencing of the right-of-way
necessary for the protection of the general public. Such fencing shall
have an adequate number of gates to facilitate cleaning and maintenance
and shall not contain apertures below the fence in excess of four
inches vertical.
(Prior code § 9108.14; Ord. 855 § 3, 1994)
Temporary improvements may be required prior to, or concurrent
with, permanent improvements. In such instances, the temporary improvements
shall be installed in a manner approved by the city engineer.
(Prior code § 9108.10; Ord. 855 § 3, 1994)
A.
Whenever a division of real property, by sale, lease or otherwise, has taken place which requires compliance with the provisions of this title, but approval has not been obtained as provided herein, and the purchaser of one or more of the parcels so divided has been refused a building permit or a certificate of occupancy, or has attempted to file a parcel map on his or her property but has been refused same by reason of noncompliance herewith, the city council may, pursuant to the provisions of Section 17.16.060 of this title, direct the city planner to accept a parcel map for filing relating to such purchaser's property only, provided that such purchaser agrees to construct improvements and dedicate areas as may be required to comply with the provisions hereof.
B.
The
city council, prior to such direction to the city planner, must make
the following finding of facts:
1.
That
the purchaser at the time of his or her purchase of the property was
unaware of the application of the provisions of this title to his
or her property; and
2.
That
the purchaser has unsuccessfully attempted to obtain the approval
and concurrence of the other purchasers, property owners and/or his
or her vendor in the filing of a parcel map covering all of the property
divided without compliance with this title; and
3.
That
to refuse to accept a parcel map relating to the property of the injured
purchaser only, will work an undue hardship upon such purchaser; and
4.
That
the public interest will be furthered by permitting such filing.
C.
Nothing
in this section shall be deemed to relieve any owner, purchaser or
vendor of any real property from the filing of a parcel map, nor shall
it be deemed to waive or modify the requirements for such filing on
all remaining portions of property so divided. The city council shall
not approve or direct the filing of a parcel map if it determines
that the parcel map was filed for the purpose of avoiding compliance
with the provisions of the Subdivision Map Act or this title.
(Prior code § 9108.24; Ord. 855 § 3, 1994)
A.
Improvements
required by this chapter shall be installed and constructed by the
subdivider at his or her expense, and shall not be paid for by any
special assessment, lien, tax, bonded indebtedness, or other charge
against the land or real property within the division, except as follows:
1.
The
cost of installing pipes and other facilities for the transmission
of water may be paid for in whole or in part from revenues collected
from the customers served at regular established water rates for the
water purveyor, pursuant to the regulations of the Public Utilities
Commission where applicable, or by a public agency (as defined in
Section 4401 of the California Government Code) from the net operating
income only, as payment for the sale of water thereto; and
2.
As
provided in Article 6, Chapter 4 of the Subdivision Map Act or other
reimbursement, improvement or maintenance enabling acts.
B.
All
outstanding or remaining assessments on the land of the division established
for improvements constructed under special assessment district proceedings
shall be paid by the subdivider.
(Prior code § 9108.23; Ord. 855 § 3, 1994)
If a required improvement is not completed before a final tract
or parcel map is filed, the subdivider shall enter, as contractor,
into an agreement with the city to complete the improvement within
the time specified by such agreement, and subject to the provisions
of Chapter 5 of the Subdivision Map Act.
(Prior code § 9108.22; Ord. 855 § 3, 1994)
