Chapter 16.16 — PUBLIC IMPROVEMENTS

The subdivider shall improve, or agree to improve, all streets, pedestrian ways or easements, and public utilities in the subdivision and adjacent thereto required to serve the subdivision. No permanent improvement work shall be commenced until improvement plans and profiles have been approved by the city engineer and a subdivision agreement contract has been concluded between the subdivider and the city. Improvements shall be installed to permanent line and grade, and to the satisfaction of the city engineer, and in accordance with the construction standards on file in the office of the city clerk and public works director. The minimum improvement which the subdivider shall make or agree to make at the cost of the subdivider, prior to the acceptance and approval of the final subdivision map or parcel map by the city, shall be as set forth in this chapter.

(Ord. 338 § 2 (part), 1975)

(Ord. No. 834, § 4, 11-17-2020)

Grading, curbs and gutters, paving and the drainage structures necessary for the proper use and drainage of the streets, adjacent property and pedestrian ways and for the public safety shall be provided.

(Ord. 338 § 2 (part), 1975)

All streets and pedestrian ways shall be improved to the widths and grades shown on the improvement plans and profiles signed by the city engineer and approved by the council as established by law. The subdivider shall improve the extensions of all subdivision streets and pedestrian ways to the intercepting paving line of any county road, city street or state highway.

(Ord. 338 § 2 (part), 1975)

Sidewalks shall be installed as shown on the improvement plans and profiles signed by the city engineer.

(Ord. 338 § 2 (part), 1975)

Sanitary sewer facilities connecting with the existing city sewer system shall be installed to serve the subdivision with a separate private lateral for each lot and to the grades and sizes shown on the plans signed by the city engineer.

(Ord. 338 § 2 (part), 1975)

A.

The planning commission is authorized to grant exceptions to the separate lateral requirement set forth in Section 16.16.050 in unique situations involving hardship. An application for such an exception must be made through the public works department by the owner of the affected property and must state in detail what unique situations or hardships exist which justify granting an exception. Such unique situations or hardships shall be deemed to exist only if, to serve construction on the applicant's parcel:

1.

A new lateral would have to be installed in excess of three hundred feet to the existing city main; and

2.

There is an existing lateral on adjoining property or properties to which the applicant could connect and which is closer than the existing city main; and

3.

The existing lateral is adequate to serve the new parcel in addition to the parcels it now serves; and

4.

The applicant has entered into an agreement acceptable to the city attorney with the owners of all other properties served or crossed by the existing lateral. This agreement shall provide for maintenance and repair responsibilities by the private property owners, shall be recorded, shall run with the land of each of the signatories, and shall hold the city harmless from liability.

B.

The city engineer shall review all such applications for exceptions and shall submit a report to the planning commission prior to consideration thereof. This report shall address the adequacy of the existing lateral to serve more than one parcel.

C.

The applicant may appeal the planning commission decision to the city council by submitting a written appeal to the city clerk within five days of said decision. The decision of the city council shall be final.

(Ord. 531 § 1, 1987)

Storm water drains shall be installed as shown on the improvement plans signed by the city engineer.

(Ord. 338 § 2 (part), 1975)

Water mains and fire hydrants connecting to the water department of the city shall be installed as shown on the improvement plans. Mains and individual lot services shall be of sufficient size to furnish an adequate water supply for each lot or parcel in the subdivision and to provide adequate fire protection.

(Ord. 338 § 2 (part), 1975)

Street name signs shall be provided and placed as required by the city engineer.

(Ord. 338 § 2 (part), 1975)

Permanent monuments, barricades and traffic safety devices shall be placed as required by the city engineer.

(Ord. 338 § 2 (part), 1975)

Street lighting facilities shall be provided in accordance with the recommendations of the city engineer on public and private thoroughfares which are open to public travel.

(Ord. 338 § 2 (part), 1975)

(Ord. No. 839, 2-2-2021)

All new utility facilities (including, but not limited to, electric, communication and cable television lines) extended to and installed within any new subdivision shall be placed underground. Overhead electrical line extensions may be constructed in residential subdivisions where the minimum parcel size within the subdivision is three acres and is in conformance with all regulations and requirements of the Public Utilities Commission and Pacific Gas and Electric Company. The installation of the facilities of privately owned utility companies shall be made in accordance with the utilities' rules and regulations on file with the Public Utilities Commission of the state. Exempt from this requirement is equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets and concealed ducts.

A.

The subdivider shall be responsible for complying with the requirements of this section and shall make the necessary arrangements with the utility companies involved for the installation of such facilities.

B.

Public rights-of-way and easements where utilities are to be placed underground shall be graded to within six inches of the final grade prior to the installation of those utilities.

C.

The grades of curbs shall be determined and staked before utilities are installed underground.

(Ord. 661, 1997; Ord. 338 § 2 (part), 1975)

All underground utilities, sanitary sewers and storm drains installed in streets or alleys shall be constructed prior to the surfacing of such streets or alleys. The connection for all underground utilities and sanitary sewers shall be laid to such lengths as will obviate the necessity for disturbing the street or alley improvements when service connections thereto are made.

(Ord. 338 § 2 (part), 1975)

16.16.130 - Underground utility crossings—Dry conduit installations.

Where necessary, dry conduit shall be installed for future underground utility crossings.

(Ord. 338 § 2 (part), 1975)

A complete set of improvement plans "as built" shall be filed with the city engineer upon the completion of the improvements required by the provisions of this chapter. Such "as built" plans shall be drawn on copies of the original tracings and be certified as to accuracy and completeness by the subdivider's licensed contractor or engineer. Upon the receipt and acceptance of such "as built" plans, the city engineer shall recommend to the council the formal acceptance of the improvements to the city.

(Ord. 338 § 2 (part), 1975)

16.16.150 - Utility fees.

The subdivider shall be required to pay all the regular extension fees and connection fees for the extension of and connection to water lines, sewer lines and storm drain facilities. Such fees shall be made payable prior to the filing of the final map, except in such cases where the building density is not determined, in which case the sewer and water connection fees may be deferred by the council upon the recommendation of the city engineer until an application for a building permit is filed.

(Ord. 338 § 2 (part), 1975)

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 shall 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 the Subdivision Map Act.

(Ord. 338 § 2 (part), 1975)

16.16.170 - Supplemental improvements—Reimbursement agreement funding procedures.

A.

No charge, area of benefit or local benefit district shall be established unless and until a public hearing in accordance with the provisions of Section 16.06.090 of this title 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 16.06.090 of this title, 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 ten days prior to the date established for hearing.

(Ord. 338 § 2 (part), 1975)

Chapter 16.18 - MODIFICATIONS (EXCEPTIONS)

16.18.010 - Modifications of chapter provisions.

Whenever the land involved in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use, that it is impossible, impractical or undesirable in a particular case for the subdivider fully to conform to the regulations contained in this chapter, the planning commission may permit the modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the Subdivision Map Act and of this title. An application for any such modification shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this section, it shall be necessary that the planning commission shall find the following facts with respect thereto:

A.

That there are exceptional or extraordinary circumstances or conditions applicable to the property, such as topography, fixed rights-of-way, unique location of easements, etc.; or

B.

That, because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to

the requirements of this chapter; or

C.

That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; and

D.

That the granting of the modification will not be detrimental to the public welfare or safety or be injurious to other property in the territory in which such property is situated.

(Ord. 338 § 2 (part), 1975)