Chapter 16.21
SUBDIVISION IMPROVEMENTS
Sections:
16.21.010 Requirements Generally.
16.21.020 Agreement to Guarantee Completion—Required.
16.21.030 Installation and Construction Costs.
16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements.
16.21.050 Minor Land Divisions—Requirements.
16.21.060 Parcel Maps—Five (5) Acre Minimum Lot Size Requirement.
16.21.080 Paving for Access Strips.
16.21.090 Improvements Other Than Highways and Street Lights.
16.21.100 Water Mains, Appurtenances and Fire Hydrants.
16.21.110 Supplemental Sewer or Drainage Improvements.
16.21.120 Fences for Watercourses or Drainage Facilities.
16.21.130 Street Lighting—Required.
16.21.140 Street Lighting Requirement Exception.
16.21.150 Street Tree Planting.
16.21.180 Sidewalks—Not Required.
16.21.190 Communication Systems.
16.21.010 Requirements Generally.
A. The subdivider shall improve, or agree to improve, all land dedicated or to be dedicated on a final map or parcel map, or by separate instrument, for roads and easements and all private roads and private easements laid out on a final map or parcel map, with those improvements, including sanitary sewers, needed for the general use of the lot owners in the division of land, and for neighborhood traffic and drainage.
B. This section does not require:
1. Improvements to flood-control channels, which improvements are not solely for the benefit of the divisions of land;
2. Improvements to freeways;
3. Improvements excepted by the provisions of Section 16.21.080 (Paving for Access Strips). (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.020 Agreement to Guarantee Completion—Required.
A. If any improvements be not completed to the satisfaction of the City Engineer, Director of Parks, Recreation and Community Services and/or Director before the final map is filed, the subdivider shall, prior to the approval by the Council of the final map, enter as contractor into an agreement with the City whereby, in consideration of the acceptance by the Council of any dedication offered on the final map and the approval of the final map, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement.
B. If any improvements are not completed to the satisfaction of the City Engineer, the Director of Parks, Recreation and Community Services or the Director before the final parcel map is filed with the County Recorder, the subdivider shall, prior to the approval by the approving authority of the final parcel map, enter as a contractor into an agreement with the City whereby, in consideration of the acceptance by the City of any dedications offered by the subdivider and the approval of the final parcel map by the approving authority, the subdivider, as such contractor, agrees to furnish all necessary equipment and material and to complete such work within the time specified in such agreement. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.030 Installation and Construction Costs.
A. 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 utility pursuant to 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.
B. The subdivider may be reimbursed for a portion of their costs as provided in Sections 66486 and 66487 of the Subdivision Map Act, or other reimbursement enabling acts.
C. Except for assessments authorized after tentative map approval for the financing and completion of improvements required of the subdivider, all outstanding or remaining assessments on the land of the subdivision established for improvements contracted under special assessment district proceedings shall be paid by the subdivider. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.040 Lot Sizes in Excess of Ten (10) Acres—Requirements.
A. Where each parcel resulting from a division of land has a minimum gross area of ten (10) acres and the entire division of land is zoned non-urban 4 (NU4), non-urban 3 (NU3), non-urban 2 (NU2), non-urban 1 (NU1), open space (OS) or open space—agriculture (OS-A), by the code, streets or highways which traverse sloping terrain shall be graded in accordance with engineering plans approved by the City Engineer, unless all lots abutting any such street or highway are within an area zoned to have a required area of ten (10) acres or more by the code. No other improvements shall be required.
B. Where each parcel resulting from a division of land has a minimum gross area of twenty (20) acres no improvements shall be required in any land use zone.
C. As used in this section, the term “improvements” does not refer to required monuments. The provisions of this section shall apply notwithstanding the provisions of any other section. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.050 Minor Land Divisions—Requirements.
Improvements shall not be required as a condition precedent to filing a parcel map on a minor land division where the approving authority finds that the existing systems and improvements adequately serve adjacent developed parcels, unless such improvements are necessary for the development of parcels within the division of land or are necessary to be consistent with the General Plan. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.060 Parcel Maps—Five (5) Acre Minimum Lot Size Requirement.
A. Except as otherwise provided in this section and Section 16.21.100 (Water Mains, Appurtenances and Fire Hydrants), no improvements shall be required when each parcel resulting from a division of land has a minimum gross area of five (5) acres or more and is within a non-urban or open space zone.
B. As used in this section, the term “improvement” does not refer to required monuments.
C. On parcel maps of five (5) acre lot size or more, this note shall be placed:
Further division of this property to lot sizes below five (5) acres will require standard improvements be completed as a condition of approval. The improvements will include, but not be limited to, providing access, installation of water mains, appurtenances and fire hydrants, and conformance to City development standards.
(Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.070 Road Improvements.
A. All road improvements, including drainage structures incidental thereto and including two (2) foot cement concrete gutters wherever cement concrete curb is required, shall be installed to a grade approved by the City Engineer. Plans, profiles and specifications for such improvements shall be furnished to the City Engineer no later than the time of submitting the final or final parcel map to the City Engineer for checking, and such plans, profiles and specifications shall be subject to the approval of the City Engineer before any such map shall be approved or certified. Such plans, profiles and improvements shall be in accordance with the standards of the City, as adopted by the Council.
1. The developer is responsible for refurbishing the half section of pavement along the frontage of the development to the satisfaction of the City Engineer.
2. The developer is responsible for all street improvements along the project frontage with transitions built beyond the project site.
B. Where all lots in the division of land contain a net area of not less than twenty thousand (20,000) square feet or in an area allowed for by a special standards district, the rural street section, inverted shoulder, may be used in lieu of concrete curbs and gutters; provided, that curbs and gutters are not necessary for drainage purposes or to maintain an existing neighborhood pattern.
C. In all locations required by the City Engineer, bus stops shall be installed which shall include bus turnouts, bus shelter/benches, trash receptacles and signage to the satisfaction of the City Engineer. The right-of-way necessary to contain such improvements shall be dedicated by the developer.
D. Developer shall pay street maintenance fees to cover the cost of one (1) time slurry seal of all pavements constructed as public streets within the development.
E. Subject to the approval of the City Engineer, the developer shall install enhanced pedestrian crossing treatments adjacent to schools, parks, and facilities frequented by children, senior citizens and/or disabled persons. These treatments may include, but not be limited to, raised crosswalks, curb extensions, passive pedestrian detection systems, grade separated pedestrian crossings and in-pavement crosswalk lights. At the discretion of the City, in lieu of providing said improvements, the developer shall pay a fee equal to the City’s cost of constructing the improvements. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.080 Paving for Access Strips.
A. The approving authority may require that single-access strips for a flag lot be paved to a width of fifteen (15) feet or to full width, whichever is less, and that multiple-access strips be paved to a total width of twenty-six (26) feet or to the full combined width of the access strips, whichever is less, with asphaltic concrete or Portland cement concrete. The Fire Department may require additional width beyond that indicated above.
B. Such surfacing shall be installed in accordance with the specifications for driveway paving within the code. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.090 Improvements Other Than Highways and Street Lights.
In the event that fences, walls, water mains, sanitary sewers, other means of sewage disposal or storm drains (other than structures incidental to road improvements) are installed or are to be installed as part of the improvement of a division of land, plans, profiles, specifications and all necessary details of the proposed construction shall be submitted to the City Engineer no later than the time of submitting the final map or final parcel map for checking, and shall be subject to final approval by the City Engineer before such final map shall be transmitted to the Council for approval, or before the final parcel map shall be transmitted for filing with the County Recorder. Such plans, profiles and specifications shall show full details of the proposed improvement, which shall conform to the standards of the City. Plans for sanitary sewers shall comply with the sanitary sewer and industrial waste ordinance. Plans for other methods of sewage disposal shall comply with the City Plumbing Code, Title 20. Plans for water mains and fire hydrants shall comply with the Municipal Code. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.100 Water Mains, Appurtenances and Fire Hydrants.
A. The subdivider shall install, or agree to install, water mains and fire hydrants adequate for the domestic demand and general use of the lot owners and for fire protection to the division of land with a gross area of five (5) acres, and the area is within a non-urban or open space zone.
B. The water mains, appurtenances and fire hydrants required by this section shall comply in all respects with all statutes, ordinances, rules, and regulations applicable at the time of installation. Such water mains, appurtenances, and fire hydrants also shall be designed and constructed to deliver the fire flow and domestic water demands as determined by the Fire Department pursuant to the specifications of service, design and construction set out and in conformance with the Utilities Code and water system requirements.
C. On all final and final parcel maps of five (5) acre lot size or more, the following note shall be placed:
Further division of this property to lot sizes below five (5) acres will require that standard improvements be completed as a condition of approval. The improvements will include but not be limited to providing access, installation of water mains, appurtenances and fire hydrants, and conformance to standard City development standards.
(Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.110 Supplemental Sewer or Drainage Improvements.
Sanitary sewer or drainage improvements installed by the subdivider for the benefit of the division of land may be required to contain supplemental size, capacity, length, depth or number, or to be altered in location, for the benefit of property not within the division of land in order to facilitate the orderly development of the surrounding area in a manner consistent with the policies of the General Plan. Such improvements shall be dedicated to the public. The Council shall enter into an agreement to provide for the payment of reimbursement to the subdivider and the collection of charges from the property benefited by the supplemental improvements, in conformance with applicable State laws. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.120 Fences for Watercourses or Drainage Facilities.
If, by reason of the location, shape, slopes, width, depth, velocity of water therein, or other characteristics of a watercourse or drainage facility on a dedicated easement, the proposed development of the division of land makes necessary the fencing of such watercourse or drainage facility, and the approving authority so finds, the subdivider shall improve such watercourse or drainage facility with a wrought iron or tubular steel fence or equal, not less than five (5) feet high. Such fence shall be provided with an adequate number of gates to permit access for cleaning and maintenance. There shall be no apertures below the fence large enough to permit a child to crawl under such fence. If any portion of the channel of such watercourse or drainage facility constitutes any portion of the boundary of the division of land, the subdivider shall fence the side of such portion which is within the division of land. All other portions within the division of land shall be fenced on both sides of such watercourse or drainage facility. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.130 Street Lighting—Required.
The subdivider shall provide a street lighting system in each division of land. Plans for street lights shall be submitted in accordance with the Municipal Code. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.140 Street Lighting Requirement Exception.
The requirement for street lighting systems may be waived if the approving authority finds that street lights will not be in keeping with the neighborhood pattern, is located in a special standards district that with street lighting requirements or all lots in the division of land contain a net area of not less than forty thousand (40,000) square feet and street lights are not necessary to serve such lots so as to maintain the continuity of an established neighborhood street lighting pattern. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.150 Street Tree Planting.
Except as otherwise provided in this section, a subdivider shall plant trees along the frontage of all lots shown on a final map or final parcel map. The number, species, and location of such trees shall be as specified by the City Engineer. Tree planting is not required unless it is determined to be in the public interest:
A. Along a segment of a street or highway to which the right of direct access from abutting lots has been relinquished; and
B. Along streets and highways which are not improved with curbs and would cause a traffic safety issue. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.160 Planting Strips.
The Director shall advise subdividers and their successors in interest in the selection and care of trees, ground cover, or shrubs to be planted in any required planting strip reservation on private property. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.170 Sidewalks—Required.
Except as otherwise provided in the code, the subdivider shall install sidewalks not less than five (5) feet wide:
A. On both sides of entrance and collector streets within the division of land;
B. On both sides of loop, interior and cul-de-sac streets;
C. Along one (1) side of service roads adjacent to abutting lots;
D. Along highways shown on the General Plan Circulation Map Joint Highway Plan where no service road is provided, and lots in the division of land take direct access to the highway; and
E. Along highways shown on the General Plan Circulation Map Joint Highway Plan where necessary in order to provide for the safety and convenience of pedestrians. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.180 Sidewalks—Not Required.
The construction of sidewalks is not required where any one (1) or more of the following conditions exist and the approving authority so finds:
A. The construction of sidewalks would be impractical because of topographical conditions or because of other physical obstacles;
B. Sidewalks will not be in keeping with the neighborhood pattern;
C. Sidewalks are not needed in and will not benefit the area; or
D. Is located in a special standards district that allows the installation of sidewalks to be waived. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
16.21.190 Communication Systems.
Pursuant to Government Code Section 66473.3, the approving authority may require the subdivider to provide infrastructure for appropriate cable television systems and communication systems including, but not limited to, television, telephone and Internet services. (Ord. 13-8 § 4 (Exh. A), 6/11/13)