Chapter 16.36
IMPROVEMENTS
Sections:
16.36.010 Improvement specifications.
16.36.020 Park and recreational facilities.
16.36.040 Additional specifications.
16.36.010 Improvement specifications.
All improvements shall conform to the city’s "Standard Details and Specifications" as adopted by the city council. Any deviations shall be only with the written approval of the city council. Permits shall be obtained from the city engineer, where required, before any construction is started. Improvements to be installed or arranged for by each subdivider prior to the issuance of a building permit shall include the following:
A. Curb, gutter, sidewalk, curb cuts and walkways (or parking bays where required);
B. Waterlines, gas, electric and other utility services to serve each lot, stubbed to the property line;
C. Fire hydrants;
D. Sanitary sewers and laterals to serve each lot, stubbed to the property line prior to paving;
E. Storm sewers, drains and channel improvements;
F. Slope planting, silt basins and other forms of erosion control;
G. Paved streets;
H. Ornamental street lights;
I. Street trees, not less than one tree per lot; average spacing forty feet on center;
J. Street signs at locations approved by the city engineer;
K. Stop signs where street intersects with an arterial or expressway;
L. Other traffic control signs as required by the city engineer;
M. Utility lines (including but not limited to electric distribution lines, communications lines, street lighting and cable television lines) within the boundaries of a subdivision, and streetside utility lines located between an exterior boundary of a subdivision and the centerline of an adjacent public street, shall be placed underground; provided, that such streetside undergrounding may be waived and not required where, in the case of a particular development, the city council, in its sale discretion, finds and determines that such undergrounding would be unreasonable because of the terrain, soil conditions, geological conditions, physical obstructions or economic impracticability. The subdivider shall be responsible for complying with the requirements of this section, and subdivider shall make the necessary arrangements with utility companies for the installation of such facilities. For the purposes of this section, appurtenances and associated equipment such as, but not limited to, surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed duct in an underground system may be placed above ground. No waiver of underground facilities shall be granted in any underground district previously established.
N. In addition, there may be imposed as a condition of subdivision approval, or by subsequent agreement with the subdivider, a requirement that improvements installed by the subdivider for the benefit of the subdivision shall contain supplemental size, capacity or number for the benefit of property not within the subdivision, and that such improvements be dedicated to the public. In the event of the installation of such improvements, the city shall enter into an agreement with 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 serve the subdivision only and the actual cost of such improvements. In order to pay the costs as required by such reimbursement agreement, the city may obtain funding by means of any or all of the methods provided for in Section 66487 of the Government Code, or it may use any other city funds which may be available. (Ord. 339 §1(Exh. A), 1989: Ord. 289 §1, 1984: Ord. 133 (part), 1973: Ord. 98 §11(1) (a)--(m), 1966).
16.36.020 Park and recreational facilities.
A. Provisions to Apply Prospectively. The provisions of this section shall apply only to subdivisions for which a tentative map or a parcel map is submitted more than thirty days following the effective date of the ordinance codified in this section.
B. Requirements. The city council shall determine pursuant to subsections C, D and E of this section the amount of land to be required for dedication, or the fees to be paid in lieu thereof, for neighborhood and community park or recreational purposes. At the time of filing of a final subdivision map the subdivider shall dedicate land, pay a fee in lieu thereof, or both, for said purposes in accordance with said determination.
C. Standards And Formula For Dedication Of Land: Where a park or recreational facility has been designated in a master park and recreation plan, adopted as an element of the general plan of the city, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall dedicate land for a local park sufficient in size and topography to serve the residents of the subdivision. The amount of land to be provided shall be determined pursuant to the following standards and formula:
|
Dwelling Type |
Zoning District |
Assumed Density |
Standard Acres/DU |
|---|---|---|---|
|
Single-family |
R-l |
4.75 per DU |
2 acres/8 DUs |
|
Multiple-family, low density |
R-2 |
2.5 per DU |
2 acres/160 DUs |
|
Multiple-family, high density |
R-3 and R-4 |
2.5 per DU |
2 acres/160 DUs |
D. Formula For Fees In Lieu Of Land Dedication: If there is no park or recreational facility in a master park and recreation plan, adopted as an element of the general plan ofthe city, to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the fair market value of a parcel of that land equal in size to that required for park dedication under the formula set forth in subsection C of this section, as determined by an appraiser acceptable to the city, plus twenty percent (20%) for off site improvements. Such fee shall be used for a local park which bears a reasonable relationship to the present and future needs of the residents of the proposed subdivision, as determined by the planning commission and the city council.
E. Criteria For Requiring Both Land Dedication And In Lieu Fees: In subdivisions of fifty (50) or more parcels, the subdivider may, in the discretion of the city council, be required to dedicate land and pay in lieu fees in accordance with the following:
1. When only a portion of the land to be subdivided is proposed on a master park and recreation plan, adopted as an element of the general plan of the city, as the site for a local park or recreational facility, such portion shall be dedicated for local park and recreation purposes and a fee shall be paid equal to the fair market value of any additional land that would have been required to be dedicated pursuant to subsection C of this section, as determined by an appraiser acceptable to the city, plus twenty percent for off-site improvements.
2. When a major portion of such proposed park or recreational facility site has already been acquired by the city and only a small portion of land within the subdivision is needed to complete the same, such portion within the subdivision shall be dedicated and, in addition, a fee shall be paid in an amount equal to the fair market value of the remaining land which otherwise would have been required to be dedicated pursuant to subsection C of this section, as determined by an appraiser acceptable to the city, plus twenty percent for off-site improvements.
F. Subdivision of Fifty Parcels or Less--Fees. Only the payment of fees may be required in subdivisions of fifty parcels or less.
G. Exempted Minor Subdivision. Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the requirements of this section; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.
H. Use of Dedicated Land and In-lieu Fees. The land required to be dedicated, or the in-lieu fees required to be paid, or any combination thereof, shall be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision.
I. Requirements to be Related to Use. The amount and location of land to be dedicated, or the amount of in-lieu fees to be paid, shall bear a reasonable relationship to the use of the proposed park and recreation facilities by the future inhabitants of the subdivision.
J. Maximum Requirement for Dedications and Fees. Notwithstanding any other provision of this section, the dedication of land, or the payment of fees, or both, as required by this section, shall not exceed the proportionate amount necessary to provide three acres of park or recreation area per one thousand persons residing in the proposed subdivision; provided, that if the amount of existing neighborhood and community park area exceeds that limit, the maximum requirement shall not exceed the proportionate amount necessary to provide five acres of park or recreation area per one thousand such residents.
K. Determination of Land or Fee. The decision as to whether to require the dedication of land, or the payment of in-lieu fees, or a combination of both, shall be based upon such considerations as the planning commission shall deem relevant, including, but not limited to, the following:
1. Compatibility with an adopted master park and recreation plan which has been made an element of the general plan of the city;
2. The natural features, access to, and location of land in the subdivision available for dedication;
3. The size and shape of the subdivision and of the land available for dedication;
4. The feasibility of dedication; and
5. The location of existing and proposed park sites.
L. Credit for Private Open Space. In determining the amount of land to be dedicated, or the amount of in-lieu fees to be paid, by a subdivider for park and recreational purposes, no credit shall be given for private open space in the subdivision, except as hereinafter in this subsection specifically provided. Where private open space usable for active recreational purposes is provided in a proposed planned development or real estate development as defined in Sections 11003 and 11003.1 of the Business and Professions Code of the State of California, partial credit, not to exceed fortyfive percent, shall be given against the requirements of this section with respect to the dedication of land or the payment of in-lieu fees for park or recreational purposes if the planning commission finds that it is in the public interest to do so and that all of the following standards are met:
1. Yards, court areas, setbacks, and other open areas required by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
2. Private park and recreation facilities shall be owned by an association composed of all property owners in the development, which is an incorporated nonprofit organization capable of dissolution only by a one-hundred-percent affirmative vote of the membership, which is operated under recorded land agreements through which each lot owner in the subdivision is automatically a member, and which can subject each lot or dwelling unit within the development to a charge for a proportionate share of expenses for maintaining the facilities;
3. Use of the private open space is restricted to park and recreation purposes by a recorded covenant which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city council;
4. The proposed private open space is reasonably adaptable for use for park and recreation purposes, taking into consideration such factors as size, shape, topography, geology, access and location;
5. Facilities proposed for the open space are in substantial accordance with the provisions of the open space element of the general plan of the city;
6. The open space for which credit is given is generally a minimum of three (3) acres and provides such park and recreational facilities as will reasonably meet the specific recreational needs of future residents of the development.
M. Procedure For Dedication Or Payment Of In Lieu Fees: At the time of approval of the tentative map the city council shall determine the amount of land required for dedication for park or recreational purposes, or the amount of in lieu fees to be paid by the subdivider, or both. At the time of filing of the final map the subdivider shall dedicate said land and pay the fees as established by the city council at the time of tentative map approval.
N. Disposition And Use Of Land Dedicated And In Lieu Fees Paid: In lieu fees paid by a subdivider pursuant to the provisions of this section shall be deposited in a subdivision park trust fund to be held, administered and distributed by the city as follows:
1. All such deposits and interest accrued thereon shall be expended solely for the acquisition and development of land for park and recreational purposes.
2. All fees collected by the city from a particular project, and all land conveyed by the developer of a particular project, shall be utilized to develop park or recreational facilities to serve the residents of the subdivision, and a schedule shall be developed by the city specifying how, when and where the contributed land or fees, or both, will be so utilized.
O. Sale Of Dedicated Land: If, during the time between the dedication of land for park purposes and the commencement of development of the subdivision from which such land was dedicated, circumstances arise which indicate that a different site would be more suitable for local park or recreational purposes, then, in the sole discretion of the city council, and upon its approval, the land may be sold with the proceeds of sale to be used for the purchase of a more suitable site. (Ord. 456 §1, 2005: Ord. 340 §1, 1989: Ord. 300 §2, 1985: Ord. 261 §1, 1982: Ord. 236 §1, 1980: Ord. 180 §§6, 7, 8, 1975: Ord. 98 §11 (1) (n), 1966)
16.36.030 School Sites:
Where the subdivider proposes a development or completion of the development of one or more subdivisions on any parcel or contiguous parcels within one or more school districts, the planning commission may require the subdivider to dedicate to the school district such land as the governing body shall deem necessary for the purpose of constructing thereon schools necessary to assure the residents of the subdivision adequate elementary school facilities. This requirement shall be applicable only to a subdivider and his successors who have owned the land being subdivided for less than ten (10) years prior to the filing of the tentative maps in accordance with this title. The requirement of dedication shall automatically terminate unless the school district shall enter into a binding commitment with the subdivider to accept the dedication within thirty days after the requirement is imposed by the city. The required dedication may be made at any time before, concurrently with or up to sixty days after filing the final map or any portion of the subdivision. The school district shall, in the event that it accepts the dedication, repay to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
A. The cost of any improvements to the dedicated land since acquisition by the subdivider;
B. The taxes assessed against the dedicated land from the date demand for dedication is made;
C. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land. (Ord. 133(part), 1973: Ord. 98 §11(1)(o), 1966).
16.36.040 Additional specifications.
In addition to all other requirements herein:
A. Improvement work, including grading, shall not be commenced until improvement plans for such work have been submitted to and approved by the city engineer.
B. All improvements shall be constructed under the inspection of, and to the satisfaction of, the city engineer.
C. Cost of inspection shall be borne by the subdivider. (Ord. 98 §11 (3), 1966).
16.36.050 Optional design.
Where a subdivider by written affirmation signifies his intent to enhance the livability and appearance of his proposed subdivision by using new concepts in the arrangement of lots, circulation pattern to serve such lots, and by providing permanent open space within the neighborhoods in the proposed subdivision, and by providing appropriate means of access to blocks, schools, shopping centers and other uses, he may use the following procedure:
A. Improved design based on density control and better community environment: The standards set out in Chapters 16.12 and 16.20 and this section may be varied only when gross density of an area is not increased more than ten percent, and where said design has the approval of the planning commission, and where in the opinion of the planning commission (or on appeal to the city council) said deviation will:
1. Produce a more desirable and livable community than the minimum requirements herein,
2. Create better community environment through dedication of public areas, or setting out permanent scenic easements or open spaces; rearrangement of lot sizes, reforestation of barren areas,
3. Reduce the danger of erosion,
4. Reduce the area and unsightliness of cut and fill banks.
B. As an incentive to creating better overall communities, the planning commission may authorize reduction in lot size but with no mote than ten percent increase in density in the overall development. The planning commission may authorize similar deviations from other standards herein, where said deviations are for the purposes outlined above.
C. Before any deviation based on improved design shall be authorized, it shall be passed by not less than a twothirds vote of the total membership of the planning commission, upon a finding that the variation as authorized will result in a community which is a substantial improvement over the community which could have been developed by following the requirements set out in Chapters 16.12 and 16.20. (Ord. 98 §9, 1966).
16.36.060 Street design.
Street design shall conform to engineering standards of the city. (Ord. 180 §5, 1975: Ord. 98 §10(part), 1966).
16.36.070 Fees.
Fees may be required as a condition of approval of the final subdivision map or as a condition of issuing building permits for the purpose of defraying actual or estimated costs of constructing bridges or major thoroughfares when such bridges or major thoroughfares are indicated in the circulation element of the general plan and, in the case of bridges, the flood control provisions thereof which identify streams for which bridge crossings are required on the general plan for roads. Prior to the requirement of such fees there wi 11 be a public hearing held by the city council for each area benefited. Notice of such hearing shall be given as set forth in Section 66484(b) of the Government Code. Such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment. At said public hearing the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of fee apportionment shall be established, as provided in Section 66484(c) of the Government Code. Payment of such fees shall not be required unless the planned bridge facility or major thoroughfares are in addition to, or a reconstruction of, any existing bridge facilities or major thoroughfares serving the area at the time of the adoption of the boundaries of the area of benefit. If, prior to the time of such public hearing, there is a written protest filed with the city clerk by the owners of more than onehalf of the area to be benefited by the improvement, then the proposed proceedings shall be abandoned and the city council shall not, for one year from the filing of such written protest, commence or carryon any proceedings for the same improvement or acquisition under the provisions of this title. Protests may be withdrawn at any time prior to the time of such public hearing by filing with the city clerk a written statement of withdrawal. (Ord. 180 §5, 1975: Ord. 98 §10, 1966)